TITLE 13
Criminals – Correctional Institutions

CHAPTER 13-8.2
Certificate of Recovery & Re-Entry

SECTION 13-8.2-4


§ 13-8.2-4 Procedure for issuance of certificate.

The board shall have the following procedures for certificate of recovery & re-entry hearings:

(1) To hear petitions from individuals seeking an order granting the issuance of a certificate of recovery & re-entry.

(2) To establish the minimum period of recovery & re-entry for individuals referred to in subdivision (1) of this section, as follows:

(i) Where the most serious crime of which the individual was convicted is a misdemeanor, the minimum period of recovery & re-entry shall be one year;

(ii) Where the most serious crime of which the individual was convicted is a non-violent felony conviction, the minimum period of recovery & re-entry shall be three (3) years; and

(iii) The minimum period of recovery & re-entry by the individual shall be measured either from the date of the payment of any fine imposed upon him or her, or from the date of his or her release from the institutional facility, custody by parole or home confinement, whichever is later.

(3) To classify criminal acts committed outside the state as acts committed within the state based on the non violent nature of the criminal acts and the maximum sentence that could have been imposed based upon such conviction pursuant to the laws of such foreign jurisdiction.

(4) To use its discretion as to the holding of an open hearing or an individual conference on any matter relevant to the granting of the application and the taking of testimony under oath.

History of Section.
(P.L. 2013, ch. 322, § 1; P.L. 2013, ch. 412, § 1.)