Arkansas Administrative Code
Agency 004 - DEPARTMENT OF CORRECTIONS
Rule 004.00.20-039 - AR 1200 Work/Study Release Program
Universal Citation: AR Admin Rules 004.00.20-039
Current through Register Vol. 49, No. 9, September, 2024
I. AUTHORITY:
The Board of Correction is vested with the authority to promulgate this Administrative Rule by Act 50 of 1968, First Extraordinary Session, as amended.
II. PURPOSE:
This Administrative Rule establishes the policy by which the Arkansas Department of Correction institutes the Work/Study Release Program.
III. APPLICABILITY:
This Administrative Rule applies to all employees and inmates within the Department of Correction.
IV. POLICY:
To allow the orderly reintegration of selected inmates from a prison environment back into communities through participation in a Community or Unit/Center Work/Study Release Program. Only inmates who meet the eligibility criteria for Work/Study Release may be considered for placement in a Work/Study Release Program.
V. PROCEDURES:
The Department has been authorized to establish Work/Study Release Programs pursuant to Arkansas Codes 12-30-401, 403, 405-408. In accordance with the Legislative mandate, the following procedures have been established for the selection of eligible inmates to be assigned to the Program.
A.
Non-eligibility for Work/Study Release Program:
1. Persons convicted of a capital offense,
first degree murder, rape, kidnapping, or who have been convicted for a second
or subsequent offense of aggravated robbery, or who are serving a life
sentence, or who are under sentence to be executed, are not eligible to
participate in this program. (Act 399 of 1979).
2. Inmates having an undisposed felony
detainer filed against him/her will be ineligible to participate in a
Work/Study Release Program.
3.
Inmates convicted of any sex offense will not be eligible for Work/ Study
Release.
4. Inmates convicted of a
felony escape are not eligible for Work/ Study Release.
B. Eligibility for Work/Study Release
Program:
1. The inmate must be eligible for
minimum security status.
2. An
inmate must have a parole eligibility release date within forty two months or
shorter as determined by the Director.
3. An inmate should have had no major
disciplinary infractions for a period of not less than three months immediately
prior to application. The Warden/Center Supervisor, however, may approve an
inmate for selection and possible transfer to the Work/Study Release Program
where he/she deems it particularly appropriate. In such a case, the ninety days
minimum requirement may be waived, and written approval of the appropriate
Assistant /Deputy Director must be obtained before an inmate may be transferred
to a Work/Study Release Program.
4.
An eligible inmate must exhibit a current medical classification commensurate
with expected work assignment. This classification will be reviewed by the
transferring unit/center medical authority prior to final approval for
Work/Study Release eligibility. The Warden/Center Supervisor shall ensure that
the medical authority is made knowledgeable of the type of work program the
inmate is to participate in for any applicable medical related considerations.
No inmate will be allowed to participate in a Work/Study Release Program if
such participation requires physical capabilities beyond that which could have
been routinely assigned at a unit/center.
5. Inmates engaged in the Study Release
Program must have sufficient time remaining on his/her sentence to complete one
semester of study or satisfactory proof be furnished to the Department that
he/she will complete the semester work.
6. Priority will be given to inmates
returning to the geographical region served by a Work/Study Release
Unit/Center.
C.
Application Process:
1. Eligible inmates are
to submit a "Work/Study Release Application" form to the Classification Officer
and/or Work Release Warden/ Center Supervisor (see Attachment I). If the
applicant meets the criteria for eligibility, the Classification Officer will
consider the application and forward its recommendation to the Warden/Center
Supervisor. The decision of the Classification Committee must be unanimous
before a favorable recommendation is forwarded to the Warden/Center
Supervisor.
2. Applicants who do
not meet the eligibility criteria will be informed in writing by the
Classification Officer and/or Work Release Warden/Center Supervisor, and a copy
will be placed in the inmate's institutional file.
3. No application for a Work/Study Program
will be favorably recommended by the Classification Committee unless the
Committee is satisfied that the inmate meets all requirements of eligibility
and that the inmate:
a. Does not have an
abnormal or uncontrollable propensity for violence;
b. Does not constitute a security
risk;
c. Is capable of abiding by
the terms and conditions of the program.
4. Each inmate favorably recommended for
transfer to a Work/Study Release Program will receive a medical, mental health,
and work supervisor's evaluation that will be forwarded to the Unit
Classification Committee for consideration prior to final approval.
5. Work/Release Wardens/Supervisors will have
final approval of all Work/Study Release Program applicants.
D. Rules of the Work/Study Release
Program:
1. Inmates participating in the
Work/Study Release Program shall not:
a. Leave
the State of Arkansas for any purpose or under any circumstances.
b. Leave the county to which he/she was
assigned without the written consent of the Warden/Center Supervisor of the
facility where the inmate is assigned.
c. Possess or consume alcoholic beverages or
drugs not specifically prescribed for him/her by a licensed
physician.
d. Visit any place of
business where alcoholic beverages are the major item sold or consumed, except
under supervision as part of the overall program (example: ball game, wrestling
match, or sports activity).
e.
Violate any Federal, State, County or Municipal laws.
f. Operate any motor vehicle without written
consent of the Warden/Center Supervisor of the facility to which the inmate is
assigned. In such a case, the inmate must be properly licensed and liability
insurance documented before consideration and approval is given.
2. Transportation to and from work
will be provided by the Department of Correction or by the employer upon
written approval of the Work Release/Center Supervisor.
3. Inmates selected to participate in
Work/Study Release will agree to participate in self-improvement programs at
the Work Release Center, Basic Education, GED, etc.
4. The inmates shall obey all Department of
Correction rules and rules.
5.
Inmates participating in the Work/Study Release Program will be required to
sign an Agreement to Return Form.
E. Employment and Earnings of Inmates:
1. If a Work/Study Release inmate is
terminated from his employment through no fault of his/her own, officials of
the Work/Study Release Program will immediately assign the inmate to an
institutional job. During this period of reassignment, which shall be no longer
than fifteen consecutive days (excluding holidays), every effort will be made
by the Department of Correction and the inmate to regain employment. If, at the
end of this fifteen days reassignment period, employment has not been found,
the supervisor of the Work/Study Release Program may administratively transfer
this individual to an existing job assignment at the unit/center or transfer
him/her back to the parent unit/center.
2. If an inmate is terminated for just cause,
he/she will be dropped from the program and transferred back to his/her parent
unit/center.
3. If an inmate wishes
to terminate his/her employment, he/she may do so after obtaining approval of
the Work/Study Release Warden/Center Supervisor who ensures the employer is
notified.
4. The inmate may be
awarded a program change when the supervisor feels it is in the best interest
of the inmate, the Department of Correction, or his/her employer.
5. Earnings by the inmate shall be paid by
check directly to the Department and to the inmate.
6. The Department shall retain an amount to
be established by the Director which will be used to compensate the Department
for the cost of maintaining Work/Study Release inmates.
7. If the inmate has persons dependent upon
him/her for support, the inmate shall be required to remit to such persons a
minimum of one-third of his/her net income or that amount which may be required
by court order. Net income is defined as income after taxes and ADC rent. If
the inmate does not have any dependents, the one-third should go into a savings
account.
8. The inmate will
normally be allowed to spend up to an amount equal to the approved weekly
commissary draw.
9. The remaining
balance of his/her earnings will be deposited to the inmate's ADC account. Any
disbursements out of this account must be approved by the Warden/Center
Supervisor.
10. All fund balances
of an inmate's account will be released to the inmate upon parole or
termination of sentence.
11. The
inmate may provide his/her own clothing and items needed for work at his/her
expense.
F. Medical
Service:
1. The Department of Correction will
not be liable for medical services for those Work/Study Release inmates on
Furlough Status (AR 1200-A).
2.
Medical service charges not covered by Workman's Compensation or other forms of
insurance will be handled by the Department through its medical services
program.
3. In the event medical
treatment is required at work, the Warden/Center Supervisor and/or work
supervisor is/are to be notified immediately. Appropriate medical response
measures will be initiated following notification.
4. An inmate who procures medical treatment
while engaged in a working capacity, without consulting or advising Department
staff, will be responsible for such incurred costs. Disciplinary action will
follow and may result in program expulsion.
G. Legal Services:
Inmates in need of legal services may contact the Inmate Attorney assigned to the unit/center or may obtain legal services through those monies earned on Work/Study Release. The inmate may be transferred to a unit/center where a complete law library is available.
Board Approval Date: 08/12/10
Effective Date: 08/22/10
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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