Title 46 — Criminal Justice
42 chapters · 423 sections in this title.
A.S.C.A. § 46.2501 Requirement to do light labor
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Able-bodied persons confined to prison pending trial may be required to do light labor. History: 1963, PL 8-3; 1966, PL 9-44.
A.S.C.A. § 46.2502 Performance of labor during confinement
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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…
A.S.C.A. § 46.2503 Solitary confinement-Bread and water rations
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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 solita…
A.S.C.A. § 46.2521 Rehabilitative release program established
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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. History:…
A.S.C.A. § 46.2522 Definitions
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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.S.C.A. § 46.2523 Authority
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(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 …
A.S.C.A. § 46.2524 Eligibility
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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…
A.S.C.A. § 46.2525 Escape while on program release
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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 releas…
A.S.C.A. § 46.2526 Program employer-Duties
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(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 absenc…
A.S.C.A. § 46.2527 Inmate transport between prison and worksite-Carrier duty
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(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 lea…
A.S.C.A. § 46.2528 Inmate earnings
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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 d…
A.S.C.A. § 46.2529 Earnings exempt from process
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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. History: 1999, PL 26-5
A.S.C.A. § 46.2530 Private detention facility-Halfway house
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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) …
A.S.C.A. § 46.2531 Halfway house funding
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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 …
A.S.C.A. § 46.2532 Electronic monitoring device defined
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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 Co…
A.S.C.A. § 46.2533 Use of electronic monitoring device authorized
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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. (…
A.S.C.A. § 46.2534 Control of electronic monitoring device
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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 wea…
A.S.C.A. § 46.2535 Intentional interfering with electronic monitoring device
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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,…