1. (a) On the recommendation of treatment staff and with the approval of the managing official of a correctional facility in the Division, the Commissioner or Deputy Commissioner may grant special leave to an incarcerated individual to allow an incarcerated individual to participate in a special community or other meritorious program or activity within or outside of the State that the Commissioner and managing official believe:

   1. (1) would benefit the incarcerated individual;
   2. (2) would not be detrimental to the public; and
   3. (3) would help rehabilitate the incarcerated individual.

2. (b) The Commissioner or Deputy Commissioner may grant special leave for the purpose of allowing an incarcerated individual to:

   1. (1) attend an educational program;
   2. (2) improve job skills;
   3. (3) attend a trade licensing examination;
   4. (4) be interviewed for employment;
   5. (5) participate as a volunteer for a governmental unit in an activity that serves the general public;
   6. (6) participate in athletic competition;
   7. (7) participate in a civic activity that benefits the incarcerated individual or the community; or
   8. (8) participate in a residential or nonresidential treatment program including a program for pregnant women or a program to establish bonding between mothers and newborn children.
3. (c) An incarcerated individual granted leave under this section may be allowed to remain outside the institution for any period of time consistent with public safety.

4. (d)

   1. (1) An incarcerated individual is not eligible for special leave under this section unless the managing official and Commissioner concur that positive attitudinal and growth patterns are being established.
   2. (2) Special leave shall be issued in writing and signed personally by both the managing official and either the Commissioner or Deputy Commissioner.
   3. (3) As a condition of granting special leave, the Commissioner may require that the incarcerated individual agree to waive the right to contest extradition proceedings.
   4. (4) The Commissioner or Deputy Commissioner shall file the order granting special leave in the Division.

Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2007, c. 91, § 1, eff. Oct. 1, 2007; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.

Formerly Art. 27, § 700D.