Arkansas Administrative Code
Agency 004 - DEPARTMENT OF CORRECTIONS
Rule 004.00.20-090 - AR 850 Terminal Illness or Permanently Incapacited
Current through Register Vol. 49, No. 2, February 2024
I. AUTHORITY
The Board of Corrections is vested with the authority to promulgate administrative rules by Ark. Code Ann. §§ 12-27-105, 16-93-1203, and 16-93-1205.
II. APPLICABILITY
This policy applies to medical staff, consulting physicians, members of the public, and to administrative staff of the Arkansas Department of Correction (ADC) and Department of Community Correction (DCC) and to inmates/residents identified b a physician as terminally ill or permanently incapacitated.
III. POLICY
The medical service provider, ADC, and DCC must establish a process to identify and bring to the attention of the Parole Board for transfer to community supervision terminally ill and permanently incapacitated inmates/residents who meet criteria in this policy.
IV. DEFINITIONS
A medical condition that is not necessarily terminal but renders an offender permanently and irreversibly incapacitated and requires immediate and long-term care, in the opinion of two licensed physicians pursuant to law.
An incurable condition that will likely result in death within 2 years due to illness or disease, in the opinion of two licensed physicians.
V. ELIGIBILITY CRITERIA FOR EARLY MEDICAL RELEASE
Individuals sentenced to the Arkansas Department of Correction (ADC) or DCC may be eligible for early release to community supervision pursuant to Ark. Code Ann. § 12-29-404 et. seq., with approval of the Parole Board when two licensed physicians agree the individual meets the definition of permanently incapacitated and/or terminally ill with exception of the following:
VI. PROCEDURE
VI. REFERENCES
Ark. Code Ann. § 12-29-404 § 12-12-901, § 5-4-607, and § 16-93-601 et. seq..
Board Approval Date: 08/02/2013
Effective Date: 09/13/2013
