Arkansas Administrative Code
Agency 004 - DEPARTMENT OF CORRECTIONS
Rule 004.00.02-004 - AR 8.1/DOC 1301 - Transfer Eligibility to Community Correction
Universal Citation: AR Admin Rules 004.00.02-004
Current through Register Vol. 49, No. 2, February 2024
DOC 1301
DCC AR 8.1
I.
AUTHORITY.The Board of Corrections is vested with the authority to
promulgate this regulation by Arkansas Code Annotated §§
12-27-105,
16-93-1203,
16-93-1205,
and 16-93-1301 et seq.
II.
APPLICABILITY.To offenders and employees of the Arkansas
Department of Correction (ADC) and the Department of Community Correction
(DCC), especially those involved in the transfer of offenders from the ADC to
the DCC.
III.
POLICY.
Eligible ADC offenders will be transferred upon sentencing or, subject to
approval and conditions set by the Post Prison Transfer Board (PPTB), their
parole or transfer eligibility date to the DCC.
IV.
DEFINITIONS.
A.
Offenders. Persons sentenced
to the ADC including judicial transfers to the DCC.
B.
Target Offense. An offense
listed in the "target group" for community punishment as defined in Arkansas
Code Annotated §§
16-93-1201
et seq.
C.
Transfer
Eligibility Date. The earliest date on which an offender is eligible
for transfer from the ADC to the DCC.
V. PROCEDURES.
A.
Eligibility for Transfer
1. Persons who committed felonies prior to
January 1, 1994, and who were convicted and incarcerated for those felonies,
shall be eligible for release on parole in accordance with the parole
eligibility law in effect at the time the crime was committed.
2. Persons who commit target offenses on or
after January 1, 1994, and who shall be convicted and incarcerated for those
felonies, may be committed to the ADC and judicially transferred to the DCC by
specific provision in the commitment that the trial court orders such a
transfer.
3. Parolees who committed
a target offense are eligible (pursuant to rules and regulations established by
the Post Prison Transfer Board) for commitment to a community correction
facility for violating the terms and conditions of parole unless the parole
violation constitutes a felony offense.
4. Unless convicted and incarcerated under
sentence of death or life without parole, all other offenders shall be eligible
for transfer to DCC after having served one-third or one-half, with credit for
good time, of their sentence depending on the seriousness determination made by
the Arkansas Sentencing Commission; or one-half with credit for meritorious
good time, of the time to which their sentence is commuted by executive
clemency or in accordance with the applicable sentencing and parole/transfers
laws.
B.
Transfer
Procedures
1. The ADC or the DCC shall
provide PPTB representatives information regarding an offender's transfer
eligibility date, disciplinary record, and when appropriate, notice from the
victim or next-of-kin requesting input on transfer conditions.
2. Every offender on transfer status shall
remain in the legal custody of the ADC, under the supervision of the DCC, and
subject to PPTB orders (except boot camp releases).
3. Appropriate agency guidance must include
specific eligibility criteria for computing an offender's parole or transfer
eligibility date and for transfer review.
C.
Revocation of Transfer
1. In the event an offender violates terms or
conditions of the transfer, revocation procedures shall follow all legal
requirements and shall be subject to any additional policies, rules, and
regulations.
2. An offender who is
transferred back to the ADC for disciplinary reasons may be considered for
transfer to DCC supervision after earning good-time credit equal to one-half of
the remainder of his/her sentence.
3. An offender who is transferred back to the
ADC for administrative reasons may be considered for transfer to DCC
supervision after earning good-time credit equal to one-half of his/her
sentence.
Board Approval Date: 10/18/02
Reference: 12/30/93
Effective Date: 12/01/02
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.