§ 24–251.02. Authority to grant furloughs.

(a) The Director may grant a resocialization furlough to any eligible resident for the purposes specified in this subchapter and according to the procedures provided for in this subchapter. The decision to grant or deny a furlough shall not be made on the basis of rewarding a resident for good behavior nor for punishing misbehavior. Furloughs shall not be used to shorten sentences; any resident furloughed shall be considered, while on furlough, to still be in custody, and time spent on furlough shall be credited toward the remainder of the resident's sentence.

(b) For the purposes of this subchapter, an eligible resident shall be any resident who:

(1) Has attained minimum custody status;

(2) Has demonstrated responsible attitudes and behavior in the institution or facility so that there is reasonable assurance that the resident will comply fully with the conditions of the furlough;

(3) Has received, where applicable, a favorable recommendation by the appropriate committee; and

(4) Is mentally, physically, and financially capable of completing the furlough without escort or assistance from any officer or employee of the Department after the resident's release from the institution or facility.

(c) Any individual who is incarcerated in any institution or facility operated by the Department after being convicted of having violated either § 22-2101 (relating to first degree murder), § 22-2102 (relating to first degree murder), or § 22-2103 (relating to second degree murder), § 22-4801 [repealed] (relating to rape), or § 22-3801 [repealed] (relating to indecent acts with a minor) shall not be eligible for any furlough under the provisions of this subchapter, except where such individual is within 12 months of a firm release date.

(d) Any eligible resident who is within 12 months of a firm release date or who is participating in an approved work training or higher education program may be considered for 1 furlough per month. All other eligible residents may be considered for 1 furlough every 3 months.