§ 44-9. Parole.

(a)

Definition. For purpose of this section, the term parole means the release of a prisoner prior to the expiration of the prisoner's term. Such release is based upon conditions imposed by the sentencing judge of the court or by the clerk of the municipal division courts or such clerk's designee.

(b)

Recommendation for parole of disabled prisoners. Whenever it shall be reported to the clerk of the municipal division courts or such clerk's designee that any person confined in the correctional facility is disabled, or is afflicted with any contagious disease, mental illness, sickness or infirmity, the clerk of the municipal division courts or such clerk's designee may recommend that such person be placed on parole.

(c)

Recommendation of parole for other prisoners. The clerk of the municipal division courts or such clerk's designee may also recommend parole for prisoners not in the categories described in subsection {b} of this section. Such may include but shall not be limited to the following: in the event of overcrowding at a correctional facility, the clerk of the municipal division courts or such clerk's designee may unconditionally or conditionally release from custody unsentenced prisoners or sentenced prisoners nearing the end of their sentence who have behaved meritoriously and had no significant problem while incarcerated. In addition, the clerk of the municipal division courts or such clerk's designee may allow early release of prisoners who have served at least one-third of their sentence and who have meritoriously participated in a program established to encourage good behavior and to facilitate such early releases. Any such program shall pinpoint prisoners who, through initiative, hard work and participation in self-improvement programs, have earned such consideration. A detailed administrative procedure shall be established to implement any such program.

(d)

Concurrence of circuit court. Whenever a prisoner is confined in a correctional facility by virtue of sentencing by a judge other than a municipal judge, no parole or early release shall be granted without the express written concurrence of the judge so sentencing the prisoner.

(e)

Municipal judges. Whenever a prisoner is confined in a correctional facility by virtue of sentencing by a municipal judge, no early release shall be granted if the municipal judge at the time of sentencing specified that the prisoner shall not be released early. Any early release shall be subject to any conditions specified by the municipal judge at the time of sentencing.

(Ord. No. 090575, § 1, 7-16-09; Ord. No. 120785, § 1, 9-13-12; Ord. No. 120853, § 1, 10-11-12)