1. 1. An inmate is eligible to participate in the correctional center nursery program if:

   1. (1) She delivers the child while in the custody of the department;
   2. (2) She is expected to give birth or gives birth on or after the date the program is implemented;
   3. (3) She has a presumptive release date established by the parole board of eighteen months or less from the date she applies to participate in the program;
   4. (4) She has not pled guilty to or been convicted of a dangerous felony as defined in section 556.061;
   5. (5) She has not pled guilty to or been convicted of any sexual offense contained in chapter 566 where the victim of the crime was a minor;
   6. (6) She has not pled guilty to or been convicted of an offense against the family contained in chapter 568, excluding criminal nonsupport; and
   7. (7) She and the child meet any other criteria established by the department.
2. 2. Placement into the program shall be by internal classification of the department. A sentencing court is without jurisdiction to order a placement of an inmate into the program.
3. 3. Program capacity shall be determined by the department.
4. 4. Upon first release of the mother and child, the child shall not be eligible to return to the program if the mother is revoked or receives a new assignment to the department of corrections.

(L. 2022 S.B. 683)