§ 57-510.8. Priority of placement - Refusal to participate - Waiver of educational requirements.

A.  The Department of Corrections shall implement procedures to ensure that priority for placement of eligible inmates in education programs be given to inmates lacking basic literacy skills and to inmates closest to their projected release dates.

B.  Any incarcerated inmate that refuses to participate in recommended education programs shall be ineligible for earned credits as provided in Section 138.1 of this title and shall jeopardize the eligibility of the inmate for parole or participation in the Preparole Conditional Supervision Program.

C.  Any eligible inmate who has not achieved the educational proficiency level established in Section 510.7 of this title, prior to the date of eligibility for parole or preparole conditional supervision, shall be required by the Pardon and Parole Board to participate in education programs approved by the Board to achieve the proficiency level or, at the discretion of the Board, to obtain a general education diploma as a condition of parole or preparole conditional supervision.  If education programs are not available in the community where the inmate resides, or if the Board finds that the educational requirements would be a financial hardship on the inmate or that the inmate is not physically able to participate, the Board may waive the educational requirement set forth in this section.

Added by Laws 1993, c. 125, § 4, emerg. eff. April 29, 1993.  Amended by Laws 2009, c. 264, § 2, eff. Nov. 1, 2009.