US Lawyer Database

§ 41-1-503. Certification of Excess Population — Declaration of Prison Overcrowding Emergency

When the commissioner determines that the in-house population has for thirty (30) consecutive days exceeded ninety-five percent (95%) of the relevant designated capacity, or has reasonable grounds to believe that within thirty (30) days the in-house population will, for at least thirty (30) consecutive days, exceed ninety-five percent (95%) of the relevant designated capacity, the […]

§ 41-1-504. Governor’s Powers to Reduce Overcrowding

Upon declaring that an overcrowding emergency exists, the governor shall invoke one (1) or both of the following powers to reduce overcrowding: Direct the board, in writing, to reduce the release eligibility dates of all male or female inmates, or both, excluding any inmate convicted by a court of escape, by a percentage sufficient to […]

§ 41-1-405. Impact on Local Correction Systems

The general assembly finds that a continuing evaluation of the impact of the state correction system upon local correction systems is essential to determine the method and amount of assistance, financial or otherwise, necessary to equitably compensate the local systems for their continuing role in the overall correction system of this state. The evaluation may […]

§ 41-1-406. Early Release Procedure

There shall be a statutory procedure whereby the governor, in conjunction with the parole board, has the discretion to effectuate the early release of inmates in order to bring the prison population within acceptable limits.

§ 41-1-408. Medical Care

The department of correction shall provide adequate medical care, including twenty-four-hour emergency care, at all prison facilities. The department may contract with the county health department or other appropriate entities to secure trained medical personnel.

§ 41-1-409. Construction of Prison Facilities

If the department is planning the construction of additional state prison facilities, whether using inmate labor or otherwise, the commissioner shall determine if the requirements of applicable building or fire codes would compel additional expenses but are not necessary for the health or safety of the inmate occupants of the facility. The commissioner shall present […]

§ 41-1-410. Coordinated Management Philosophy

Individual programs aimed at managing inmate behavior should be coordinated as parts of an overall management philosophy. The intent of the general assembly is to provide an environment that would allow and encourage a predictable, safe and manageable corrections system. Consistent with that intent, the department of correction should use sentence credits, educational opportunities, training, […]