A. Except as provided in Section 41-1604.07, subsection F, if an inmate fails to achieve functional literacy at an eighth grade literacy level before the inmate becomes eligible for release pursuant to Section 41-1604.07, the inmate is not eligible to begin the inmate’s term of community supervision until either the inmate achieves an eighth grade functional literacy level as measured by standardized assessment testing or the inmate serves the full term of imprisonment imposed by the court, whichever first occurs.

B. This section does not apply to inmates who are any of the following:

1. Unable to meet the functional literacy standard required by subsection A of this section, due to a medical, developmental or learning disability as described in section 31-229, subsection C.

2. Classified as level five offenders.

3. Foreign nationals.

4. Inmates who have less than six months incarceration to serve on commitment to the department.

5. Released pursuant to Section 41-1604.07, subsection B, paragraph 1.