Arkansas Administrative Code
Agency 004 - DEPARTMENT OF CORRECTIONS
Rule 004.00.20-025 - AR 1317 Electronic Monitoring After 120 Days Served
Universal Citation: AR Admin Rules 004.00.20-025
Current through Register Vol. 49, No. 2, February 2024
I. AUTHORITY. The Board of Corrections is vested with the authority to promulgate this administrative rule by Ark. Code Ann. §§ 12-27-105, 16-93-1203 and 16-93-1205.
II. POLICY. The Department of Correction (ADC) will have an appropriate process and/or procedures for identifying and certifying to the Parole Board eligible ADC inmates to be considered for release to electronic monitoring (EM) after serving 120 days of a sentence.
III. APPLICABILITY. This policy applies to ADC and ACC employees and ADC inmates.
IV. GUIDELINES.
A.
Eligibility
Criteria. Community Correction Center residents are not eligible for
EM-120 release. An inmate serving a sentence in the ADC may be approved for
EM-120 release if the
1. offense for which the
offender is incarcerated was committed on or after March 2, 2015
2. sentence was not the result of a jury or
bench verdict
3. inmate has served
one hundred twenty (120) days of his/her sentence
4. inmate has an approved parole
plan
5. inmate does not have a
prior felony conviction for a sex offense or for a felony offense that involved
the use or threat of violence or bodily harm
6. inmate was sentenced from a cell in the
sentencing guidelines with:
a. an
incarceration range of 36 months or less, or
b. a presumptive sentence of
probation
7. conviction
is for a Class C or D felony
8.
conviction is not for a crime of violence, regardless of felony level
9. conviction is not for a sex offense,
including failure to register as a sex offender under §
12-12-906,
regardless of felony level
10.
conviction is not for manufacturing methamphetamine, §
5-64-423(a)
or the former §
5-64-401
11. conviction is not for possession of drug
paraphernalia with the purpose to manufacture methamphetamine, §
5-64-443, if
the conviction is a Class C felony or higher
12. conviction is not for a crime involving
the use or threat of violence or bodily harm
13. conviction is not for a crime that
resulted in a death
14. inmate has
not previously failed a drug court program
15. inmate has not been transferred from
Arkansas Community Correction (ACC) to ADC as a result of disciplinary action,
and,
16. inmate does not have an
active detainer.
B.
Notice. The ADC Director will provide notice to the Parole Board
of inmates eligible for EM-120 release and subsequent notice to the
Institutional Release Office if approved for such release.
C.
Supervision. Offenders
approved for EM-120 release will be supervised by ACC through electronic
monitoring (home detention) until the offender's transfer eligibility date or
for at least ninety (90) days of full compliance by the offender, whichever is
sooner. Home detention will be tailored and defined by the parole/probation
supervision officer for each program participant (for example, curfew,
authorized for school/work, practice religion). The term of electronic
monitoring must not exceed the maximum number of years of imprisonment or
supervision to which the offender could be sentenced.
D.
Funding for Services.
Eligible offenders must pay the cost of their electronic monitoring service and
associated equipment.
E.
Types of GPS Devices. ACC is authorized to use all types of
electronic monitoring devices for monitoring the presence of an offender in
his/her home in a manner consistent with the law.
F.
Discharge Credit. An eligible
offender approved for EM-120 release may earn discharge credits against his/her
sentence.
Board Approval Date: 8/21/2015
Effective Date: 9/15/2015
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.
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