Chapter 25 - Prisoners

Chapter 25 - Prisoners

46.2501 Requirement to do light labor.


Able-bodied persons confined to prison pending trial may be required to do light labor.

46.2502 Performance of labor during confinement.


An able-bodied person confined in prison as punishment for an offense may be required to perform labor during the whole or any part of the time of the sentence unless the sentence provides otherwise. The labor required may be ordinary labor in the case of males and light labor in the case of females.

46.2503 Solitary confinement-Bread and water rations.


Prisoners may not be placed in solitary confinement except for the purpose of discipline and then only upon the written order of the Attorney General. If a prisoner is so confined, it shall be for not more than 10 days for any one offense. A prisoner who has been placed in solitary confinement may also be put on bread and water with a full ration every third day. In no case may he be put on bread and water if in the opinion of a medical doctor other food is necessary for the preservation of his health.

46.2521 Rehabilitative release program established.


There is established as a function of the Department of Public Safety a rehabilitative release program for the prisoners serving prison sentences at the territorial correctional facility, comprised of work release, educational and vocational release, and funeral release.

46.2522 Definitions.


As used in this chapter, unless the context clearly requires otherwise:

(1) “Work release” means the release of an inmate to the community to be employed for wages. Release for employment may be authorized each day between the hours of 6:00 o’clock A.M. and 6:00 o’clock P.M., for a maximum of 6 days per week.

(2) “Educational or vocational release” means the release of an inmate to the community to attend an educational or vocational program sanctioned by the Department of Education. Release for educational purpose may be authorized each day between the hours of 6:00 o’clock A.M. and 6:00 P.M., for a maximum of 6 days per week.

(3) “Funeral release” means the release of an inmate to the community to attend the funeral of an immediate family member. Release to attend such funeral may be authorized between the hours of 6:00 o’clock A.M. and 6:00 o’clock P.M., for a maximum of 2 consecutive days.

(4) “Immediate family member” means an inmate’s parent, spouse, or child.

46.2523 Authority.


(a) The Commissioner of Public Safety is responsible for the administration of the prisoner rehabilitative release program. He shall make periodic review of the rules and law governing the release program. As deem advisable he shall make appropriate changes to existing rules and law and he shall initiate the procedure required for the adoption of new rules and the enactment of additional law.

(b) The Warden of the Territorial Correctional Facility is responsible for the evaluation and approval, pursuant to the guidelines established in the chapter, applications submitted by inmates desiring to participate in the release program. He is also responsible for the supervision of the release program subject to any additional directive given by the Commissioner.

(c) The selection process employ by the warden must not violate federal and territorial law on discrimination. An inmate’s gender, race, religious conviction, or national origin shall not be a reason to deny participation in the release program if otherwise qualified.

(d) Before any release is authorized under the program the warden shall prepare written agreements to be executed by participating inmates in which the rules and policies of the program are clearly explained.

46.2524 Eligibility.


The rehabilitative release program shall be available to all sentenced inmates confined in the territorial correctional facility who meet the qualifications stated below.

(a) Inmates who are serving terms of detention as a condition of probation are eligible, but their employment and hours and days of release are controlled by the Court.

(b) Inmates who are classified as minimum security are eligible; inmates with medium or maximum security classifications are ineligible.

(c) Inmates convicted of murder, violent sex crimes, sexual assaults on children, or armed robbery are ineligible.

(d) Inmates serving sentences of imprisonment of less than one year, or specifically restricted from participation by the court, are ineligible.

(e) Inmates serving sentences of more then a year, but less then 28 months, become eligible after serving six months of such sentences.

(f) Inmates serving sentences of more then 28 months become eligible after serving one-third of such sentences.

(g) Inmates who have had no major disciplinary action for a minimum of six months are eligible.

(h) Inmates undergoing loss of privileges punishment for a minor rules violation must complete the punishment before becoming eligible.

(i) Inmates pending disciplinary charges are ineligible.

(j) Inmates pending criminal charges in court are ineligible.

(k) Inmates who were removed from any rehabilitation program for cause are ineligible for six months after removal.

(l) Inmates who have escaped from confinement or the rehabilitative release program are ineligible.

(m) Inmates who have participated in full-time constructive assignments or institutional programs for at least six months are eligible.

(n) Inmates with drug or alcohol dependency histories must have completed a drug and alcohol abuse program and be drug and alcohol free for one year before becoming eligible.

(o) Inmates convicted of non-violent sex crimes not involving children shall become eligible upon receiving a written favorable evaluation and recommendation from a psychiatrist or clinical psychologist.

(p) Eligible applicants shall be physically and mentally capable of full-time work, educational instruction, or vocational training, as their type of release requires.

(q) Inmates who commit new offenses while on rehabilitative release shall be ineligible to participate in the program during their current sentence.

(r) Aliens must be legally present in the Territory to be eligible for this program.

46.2525 Escape while on program release.


The work place assigned by an employer, or other place designated in the rehabilitative release program contractual agreement and the direct route to and from those designated places, are an extension of confinement. A person commits the crime of escape from rehabilitative release if he has been assigned to the rehabilitative release program and violates subsection (a) or (b).

(a) A person assigned to the rehabilitative release program shall at all times remain in the work place, classroom, or any other place assigned in the contractual agreement.

(b) A person assigned to the rehabilitative release program shall not deviate from a direct route to and from the Territorial Correctional Facility, or any other place assigned as a place of confinement, and the destination assigned in the contractual agreement, nor shall he stop anywhere to conduct personal business while traveling between the two points.

(c) Escape from rehabilitative release constitutes a violation of section 46.4627, a class D felony.

46.2526 Program employer--Duties.


(a) It is the duty of a rehabilitative release program employer, teacher, instructor, or any other person who has authority over or directs the educational or vocational activities of a participating inmate to immediately report to the Territorial Correctional Facility the absence of the inmate from the work place, classroom, or any other place assigned in the contractual agreement.

(b) A participating rehabilitative release program employer, or any other person who has authority over or directs the educational or vocational activities of the participating inmate, shall not direct such inmate to leave the work place, or any other place assigned in the contractual agreement.

(c) Nor, shall a participating employer, or any other person who has authority over or directs the educational or vocational activities of the participating inmate during rehabilitative release, direct, transport or cause the participating inmate to deviate from a direct route between the assigned place designated in the contractual agreement and the Territorial Correctional Facility or other designated place of confinement.

(d) Anyone who violates subsection (a), (b), or (c) is guilty of a violation of section 46.4627, a class D felony.

History 1999; PL 26-5

46.2527 Inmate transport between prison and worksite-Carrier duty.


(a) Any person who agrees to transport an inmate between the territorial correctional facility, or any other facility designated as a place of custody, and the inmate’s place of work shall sign a transportation agreement. No rehabilitative release inmate shall be permitted to leave his place of confinement until the transportation agreement has been signed.

(b) A person transporting an inmate as described in subsection (a) shall not drive the inmate to a place other than the place stated in the transportation agreement, nor shall he deviate from the direct route of travel described in the transportation agreement.

(c) A person transporting an inmate as described in subsection (a) shall immediately report to the Territorial Correctional Facility the inmate’s departure from the transportation vehicle between the points described in the transportation agreement.

(d) Violation of subsections (b), (c) and (d) is a violation of section 46.4627, a class D felony.

46.2528 Inmate earnings.


The net earnings of each inmate participating in the rehabilitative release program shall be forwarded to the Treasurer for deposit to the account of the inmate in a rehabilitative release account in the Territorial Treasury for the sole benefit of the inmate. Such wages may be disbursed or expended by the inmate for the following purposes and in the following order.

(a) The cost of the inmate’s keep in a halfway house as determined by section 46.2511 as a cost sharing contribution. Such money will be paid directly to the private institution pursuant to section 46.2512 halfway house funding;

(b) Court ordered support of inmate’s dependents, if any;

(c) Court-ordered restitution, if any;

(d) Contribution to any indemnification program established by law to aid victims of crime, provided the contribution must not be more than 10 percent of the gross wages;

(e) The balance shall be disbursed to the inmate.

46.2529 Earnings exempt from process.


Wages and salaries earned through placement in the rehabilitative release program shall not be subject to garnishment, attachment, or execution in the hands of the employer or the Treasurer.

46.2530 Private detention facility-Halfway house.


When determined by the Commissioner that the circumstances of a rehabilitative release program participant do not require the security of the territorial correctional facility, he may contract with private agencies for the custody and separate care of such places of custody.

(a) The halfway house shall meet the minimum staffing requirements which shall be determined by the Commissioner.

(b) Rules and regulations pertaining to custody and privileges shall be determined by the Commissioner. Halfway house management may establish more stringent rules, but modification of the rules shall first be approved by the Commissioner.

46.2531 Halfway house funding.


Inmate residents of a halfway house are required to share the cost of the American Samoa Government contract on a basis to be determined by the Commissioner and clearly listed in the contractual agreement.

(a) Payment of room and board shall be made by the inmate directly to the Treasurer each payday in the manner prescribed by section 46.2509, Inmate earnings. Failure to make such payment will result in the inmate’s immediate removal from the rehabilitative release program.

(b) When extenuating circumstances warrant, the Commissioner or the court may waive the payment of such fees by an inmate. The Commissioner shall immediately report such waivers, whether made by the Commissioner or the court, to the Treasurer.

46.2532 Electronic monitoring device defined.


Any device attached to the person of an arrestee or convicted prisoner that is used in conjunction with a public telephone system that alerts authorities to the absence of the person from an assigned place of home arrest or other place of temporary release from the Territorial Correctional Facility, is an electronic monitoring device.

46.2533 Use of electronic monitoring device authorized.


The use of electronic monitoring devices is hereby authorized for use of the court or the Commissioner of the Department of Public Safety under the following conditions.

(a) When in the opinion of the court home arrest is a practical alternative to bail or pretrial confinement.

(b) When in the opinion of the court a probationary sentence to home confinement in nonviolent criminal cases is a reasonable alternative to confinement in the territorial correctional facility.

(c) When deemed necessary by the Commissioner of the Department of Public Safety, it may be attached to an inmate participant in the rehabilitative release program.

46.2534 Control of electronic monitoring device.


The Commissioner of the Department of Public Safety is hereby designated as the sole person responsible to purchase, control, attach and remove all electronic monitoring devices authorized by this chapter. The Commissioner is also empowered and directed to monitor all persons wearing such devices and to take immediate law enforcement action upon discovering a violation by a wearer.

46.2535 Intentional interfering with electronic monitoring device.


A person who has had attached to his person, pursuant to court order, or as a requirement of the territorial correctional facility rehabilitative release program, an electronic monitoring device, and who removes such device from his person, or who renders such device inoperative, or who interferes with or disables any telephone line or device used in connection with the electronic monitoring system, has escaped from confinement, even if he did not leave the placed to which hew was assigned. Violation of this section is a class D felony.