A.
Authorization for
Administrative Transfer.
Pursuant to A.C.A. §
12-27-127, the Division of Correction
is authorized to administratively transfer a statutorily eligible Inmate to a
Community Correction Center if the Inmate is eligible for placement, unless the
court indicates on the Sentencing Order that the Inmate is not authorized for
administrative transfer.
B.
Eligibility for Administrative Transfer.
1. An Inmate is eligible for administrative
transfer to a CCC if:
a. The Inmate is
sentenced to a term within the statutory parameters;
b. The Inmate's current convictions are
comprised of Target Offenses;
c.
The Inmate does not have a history of violent or sexual offenses;
d. The Inmate does not have a disciplinary
history that disqualifies him or her from placement in a CCC; and
e. The Sentencing Order does not prohibit
administrative transfer.
2. ACC shall maintain a list of criminal
offenses and designate each as either:
(1) a
Target Offense,
(2) not a Target
Offense, or
(3) a Potential Target
Offense.
3. However, the
ACC Director retains discretion over admittance of an Inmate into a Community
Corrections Center and may exclude an Inmate who is otherwise eligible for
reasons including, but not limited to:
a.
facts of the current case,
b.
disciplinary status while incarcerated, or
c. behavior while on a current or previous
term of supervision.
C.
Screening
Procedures.
1. All Sentencing
Orders assigning the defendant to the ADC will be reviewed for CCC eligibility
by ADC Central Records.
2. If the
Sentencing Order does not authorize administrative transfer, the Inmate will
not be administratively transferred. The Inmate will be designated as not
authorized in eOMIS and the ADC intake process will begin.
3. If the Sentencing Order does authorize
administrative transfer, ADC Central Records will make a preliminary
eligibility determination based on the following:
a. First, if the total time to serve on all
offenses is outside the statutory guidelines for programming and a judicial
transfer sentence, the Inmate is determined to be ineligible for administrative
transfer to a CCC.
b. Second, if
any of the offenses on the current Sentencing Order are designated as not a
target offense by the Division of Community Correction, the Inmate is
determined to be ineligible for administrative transfer to a CCC.
4. For Inmates determined to be
ineligible during the preliminary eligibility determination, ADC Central
Records will notate the reason that the Inmate is ineligible for administrative
transfer in eOMIS and begin the ADC intake process.
5. ADC Central Records will forward
Sentencing Orders for Inmates who are determined to be preliminarily eligible
for administrative transfer to ACC Central Records for eligibility
screening.
6. ACC Central Records
will screen the Inmate and make a final determination on eligibility for
placement in a Community Corrections Center.
a. The screening conducted by ACC Central
Records will cover, at a minimum:
i. Inmate's
current offenses
ii. Inmate's
criminal history
iii. Inmate's
history of discipline while incarcerated
iv. Inmate's violation history while under
supervision
b. After
conducting the screening, ACC Central Records will designate the Inmate as
either (1) Eligible for Placement or (2) Ineligible for Placement in
eOMIS.
c. If the Inmate is
determined to be ineligible for placement, ACC Central Records will notate why
the Inmate is ineligible in eOMIS and remit the record back to ADC Central
Records.
d. If the Inmate is
determined to be eligible for placement, ACC Central Records will determine if
the Inmate is appropriate for placement in a CCC.
7. When analyzing whether an Inmate is
suitable for placement in a CCC, ACC Central Records will consider the
criminogenic, mental health, and substance abuse treatment needs of the Inmate.
a. If the Inmate is determined to be not
suitable for placement, ACC Central Records will notate why the Inmate is not
suitable for placement in eOMIS and remit the record back to ADC Central
Records.
b. If the Inmate is
determined to be suitable for placement, ACC Central Records will begin the ACC
intake process for the Inmate.
