Title 42, Chapter 5, Section 52
( 42-5-52)
(a) The department shall provide for the classification and
separation of inmates with respect to age, first offenders, habitual
criminals and incorrigibles, diseased inmates, mentally diseased
inmates, and those having contagious, infectious, and incurable
diseases. Incorrigible inmates in county correctional institutions
shall be returned to the department at the request of the proper
county authority. (b) The department may establish separate correctional or similar
institutions for the separation and care of juvenile offenders. The
commissioner may transfer any juvenile under 17 years of age from
the penal institution in which he is serving to the Department of
Juvenile Justice, provided that the transfer is approved thereby.
The juvenile may be returned to the custody of the commissioner when
the commissioner of juvenile justice determines that the juvenile is
unsuited to be dealt with therein. (c) Female inmates shall be removed from proximity to the place of
detention for males and shall not be confined in a county
correctional institution or other county facility except with the
express written approval of the department. (d) The department is authorized to transfer a mentally diseased
inmate from a state or county correctional institution or other
facility operating under its authority to a criminal ward or
facility of the Department of Human Resources. The inmate shall
remain in the custody of the Department of Human Resources until
proper officials of the facility at which he is detained declare
that his sanity has been restored, at which time the inmate shall be
returned to the custody of the department. At any time after
completion of his sentence, an inmate detained by the Department of
Human Resources on the grounds that he is mentally diseased may
petition for release in accordance with the procedure provided in
Chapter 3 of Title 37. Prior to completion of his sentence, this
procedure shall not be available to him. (e) Upon being presented with a proper certification from the county
physician of a county where a person has been sentenced to
confinement that the person sentenced is addicted to drugs or
alcohol to the extent that his health will be impaired or his life
endangered if immediate treatment is not rendered, the department
shall transfer the inmate to the custody of the Department of Human
Resources. The inmate shall remain in such custody until officials
of the Department of Human Resources determine he is able to serve
his sentence elsewhere. (f) The department may transfer any inmate afflicted with active
tuberculosis from any state or county correctional institution, or
any other facility operating under the authority of the department,
to a tubercular ward or facility specially provided and maintained
for criminals by the department at a tuberculosis facility or
facilities operating under the Department of Human Resources. |