30-B:21 Temporary Removal or Transfer. –
I. (a) Any person confined in a county department of corrections facility may be transferred by the superintendent of the transferring county department of corrections to any other county department of corrections facility or to the county department of corrections in another county when such transfer is in the public interest and subject to the approval of the county commissioners of the county to which the transfer is planned for the purpose of facilitating work release or for other good cause shown.
(b) The superintendent may transfer a prisoner, without the approval of the county commissioners, if the superintendent determines the transfer is necessary for public safety or emergency reasons. The county commissioners shall review any such transfer at their next regular meeting. If the county commissioners reject the transfer, the prisoner shall be returned to the facility from which the prisoner came as soon as practicable.
II. The expense of transfer and maintenance shall be paid by the transferring county, unless waived by the receiving county department of corrections in accordance with a reciprocal or other arrangement between the counties involved. The superintendent of the transferring county department of corrections shall have custody over the prisoner during the transfer by a regular or specially authorized officer of that county. Upon admittance to the receiving facility, the prisoner shall be under the custody of the superintendent of the receiving county department of corrections. A prisoner shall have the right to contest any transfer under this section or to request a transfer by petition to the sentencing court. If a prisoner contests a transfer, the superintendent of the transferring county department of corrections may proceed with the transfer pending the outcome of the petition to the sentencing court.
Source. 1988, 89:1. 1991, 316:2. 1993, 302:1, eff. June 23, 1993. 2011, 65:1, eff. July 15, 2011.