6VAC35-190-40. Eligibility criteria

A. In accordance with department case management procedures, residents may be approved to participate in authorized programs in the community when they meet the following eligibility criteria:

1. The resident must have been in the direct care of the department for a minimum of 90 days.

2. The resident must not have committed a moderate institutional offense during the previous 30 days or a major institutional offense within the previous 90 days.

3. A resident who previously escaped from a secure setting shall not be eligible for participation in a release program.

4. A resident who is determinately committed as a serious offender pursuant to subdivision A 17 of § 16.1-278.8 or § 16.1-285.1 of the Code of Virginia may participate in a release program only with written authorization of the committing court.

5. A resident who is committed for a violent juvenile felony as defined pursuant to § 16.1-228 of the Code of Virginia may be recommended to participate, but must be approved by the director of the department or his designee, in accordance with case management procedures.

6. A resident requiring the highest level of supervision according to the department's classification system, shall not be eligible to participate in a release program.

7. A resident whose scores on an objective risk assessment instrument indicate a high risk of reoffending may participate in a release program only with the approval of the director.

8. A resident who is subject to compulsory education shall not be eligible except on a part-time basis consistent with applicable child labor laws and with the concurrence of the school authority.

B. Residents shall meet the established eligibility requirements prior to being released to participate in the program.