(A) No offender committed to incarceration for a violent offense as defined in § 16-1-60 or a "no parole offense" as defined in § 24-13-100 may be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Article 15, Chapter 3 of Title 16 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim’s nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program.

(B) An offender committed to incarceration for voluntary manslaughter (§ 16-3-50), kidnapping (§ 16-3-910), carjacking (§ 16-3-1075), burglary in the second degree (§ 16-11-312(B)), armed robbery (§ 16-11-330(A)), or attempted armed robbery (§ 16-11-330(B)), may be released under the work release program back into the community in which the offender committed the offense, if the crime did not involve any criminal sexual conduct or an additional violent crime as defined in § 16-1-60, the person is within three years of release from imprisonment, and the provisions of subsection (A) are fulfilled.