Arkansas Administrative Code
Agency 004 - DEPARTMENT OF CORRECTIONS
Rule 004.00.20-085 - AR 834 Procedure for Handling Disciplinary Infractions of Mentally Disordered Inmates

Universal Citation: AR Admin Rules 004.00.20-085

Current through Register Vol. 49, No. 9, September, 2024

I. AUTHORITY:

The authority of the Board of Corrections to promulgate this Administrative Rule is A.C.A. 12-27-105.

II. PURPOSE:

To ensure that policies and procedures for management of inmate behavior adequately take into account serious mental illness. Also to ensure that appropriate treatment interventions are considered and made accessible to reduce the likelihood of future misbehavior. And these treatment interventions are consistent with treatment goals so as not to cause regression or deterioration of the inmate's mental condition.

III. APPLICABILITY:

To all inmates identified as having a history of serious mental illness, or suspected at any point to be developing serious mental illness. To all staff involved in the disciplinary process, supervising inmates in segregated areas, or involved in health and correctional programs.

IV. DEFINITIONS:

A. Evaluation: A mental health evaluation performed under the supervision of a licensed practitioner, and which includes, at a minimum, direct contact with the inmate.

B. Recommendations: Statements made and signed by a licensed clinician may include, but are not limited to, the following: a strategy for preventing future repetitions of the misbehavior while maintaining the mental health of the inmate; suggestions for placement of the inmate; and treatment plan considerations for the inmate.

C. Serious Mental Illness: This is defined as symptoms of a diagnosable mental disorder that impairs an individual's functioning and disrupts the capacity to cope with the ordinary demands of life.

V. POLICY:

It is the policy of the Arkansas Department of Correction and a goal of the correctional process to teach self-control and personal responsibility for behavior to all inmates in its custody. It is recognized that inmate behavior may be influenced by serious mental illness, and that such influences must be taken into account in pursuing the goals set out in this policy.

VI. PROCEDURES:

A. At intake an evaluation will be done on all inmates entering the Arkansas Department of Correction and a mental health classification will be assigned as recommended by licensed mental health staff, and documented in the appropriate records.

B. This classification will be reviewed and updated during the inmate's incarceration.

C. Inmates who are identified as seriously mentally ill shall, at the time disciplinary charges are filed, be referred for an evaluation. At any point during the disciplinary process, an inmate suspected of being mentally ill can be referred for an evaluation.

Board Approval Date: 5/11/2018

Effective Date: 5-21-2018

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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