American Samoa § 46.2524 - Eligibility.

§ 46.2524. Eligibility.

The rehabilitative release program shall be available to all sentenced inmates confined in the territorial correctional facility who meet the qualifications stated below. (a) Inmates who are serving terms of detention as a condition of probation are eligible, but their employment and hours and days of release are controlled by the Court. (b) Inmates who are classified as minimum security are eligible; inmates with medium or maximum security classifications are ineligible. (c) Inmates convicted of murder, violent sex crimes, sexual assaults on children, or armed robbery are ineligible. (d) Inmates serving sentences of imprisonment of less than one year, or specifically restricted from participation by the court, are ineligible. (e) Inmates serving sentences of more then a year, but less then 28 months, become eligible after serving six months of such sentences. (f) Inmates serving sentences of more then 28 months become eligible after serving one-third of such sentences. (g) Inmates who have had no major disciplinary action for a minimum of six months are eligible. (h) Inmates undergoing loss of privileges punishment for a minor rules violation must complete the punishment before becoming eligible. (i) Inmates pending disciplinary charges are ineligible. (j) Inmates pending criminal charges in court are ineligible. (k) Inmates who were removed from any rehabilitation program for cause are ineligible for six months after removal. (l) Inmates who have escaped from confinement or the rehabilitative release program are ineligible. (m) Inmates who have participated in full-time constructive assignments or institutional programs for at least six months are eligible. (n) Inmates with drug or alcohol dependency histories must have completed a drug and alcohol abuse program and be drug and alcohol free for one year before becoming eligible. (o) Inmates convicted of non-violent sex crimes not involving children shall become eligible upon receiving a written favorable evaluation and recommendation from a psychiatrist or clinical psychologist. (p) Eligible applicants shall be physically and mentally capable of full-time work, educational instruction, or vocational training, as their type of release requires. (q) Inmates who commit new offenses while on rehabilitative release shall be ineligible to participate in the program during their current sentence. (r) Aliens must be legally present in the Territory to be eligible for this program.