Sec. 12.12.09.06. Removal from the Institution

A. The Board of Review will review all eligible persons with conditional release status who have been found guilty of charges heard by the Disciplinary Committee.

B. Except as provided in § C of this regulation, an eligible person incarcerated for a crime committed:

(1) On or before March 20, 1989, who commits a major violation while on parole, work release, school release, or leave shall be confined to the Institution and shall be ineligible for work release, school release, or leave for a period of 6 months;

(2) After March 20, 1989, who commits a major violation while on parole, work release, school release, or leave shall be confined to the Institution and shall be ineligible for parole, work release, school release, or leave for a period of 6 months.

C. If the Board of Review or the Secretary determines that a major violation was severe enough to warrant removing an eligible person from the Institution, the eligible person may be removed from the Institution and returned to the Division to serve the remainder of his or her original sentence.

D. If an eligible person commits a second major violation while on parole, work release, school release, or leave, the person shall be removed from the Institution and returned to the Division to serve the remainder of his or her original sentence.