Arkansas Administrative Code
Agency 004 - DEPARTMENT OF CORRECTIONS
Rule 004.00.90-011 - Work/Study Release for Inmates Housed Outside ADC Facilities
Universal Citation: AR Admin Rules 004.00.90-011
Current through Register Vol. 49, No. 9, September, 2024
1211 Work/Study Release for Inmates Housed Outside ADC Facilities
I. POLICY: It shall be the policy of the
Department of Correction to allow the ordered reintegration of selected inmates
from a prison environment back into communities through participation in a
Work/Study Release Program outside the Department of Correction
facilities.
II. EXPLANATION:
The Department has been authorized to establish Work/Study Release Programs pursuant to Ark. Stat. Ann. s 12-30-404 (Repl, 1977) and Act 814 of 1983 to allow Work/Study Release inmates to be housed in facilities other than the Department of Correction. A valid agreement of employment, in writing, must exist between the approved agency/person, other than immediate family, and the Department of Correction before an inmate can be transferred. 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. No person convicted of a capital
offense, murder in the first degree, rape, kidnapping, or a person convicted
for the second or subsequent time of aggravated robbery shall be allowed to
participate in any Work/Study Release Program conducted by or for the
Department of Correction (Ark. Stat. Ann. s
12-30-404).
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 offenses will not be eligible for a Work/Study
Release Program.
B.
Eligibility for Work/Study Release Program:
1.
The inmate must be eligible for minimum security status of Class I-A.
2. Inmates who have been found guilty or
entered a plea of guilty for second degree murder must be incarcerated 1/5 of
their sentence in the Department before being eligible for work/study
release.
3. An inmate should have a
minimum of three months and no more than eighteen months until release or
parole eligibility.
4. An inmate
should have had no major disciplinary infractions for a period of not less than
three months immediately prior to application. The Unit Wardens, 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 Director must be obtained before an inmate can be
transferred to a Work/Study Release Program.
5. An inmate who wishes to apply for a Study
Release Program must have sufficient time remaining on his/her sentence to
complete one full semester of study or satisfactory proof be furnished to the
Department that he/she will complete the semester work.
C. Application Process:
1. Eligible inmates are to submit a
"Work/Study Release Application" form (F-1211-1) to the Unit Warden.
2. No application from eligible inmates for
Work/Study Release will be favorably recommended by the Unit Warden unless the
Unit Warden 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, and;
d. The Sheriff and/or. the Chief of Police of
the area in which the inmate is to reside shall approve of such transfer in
writing. (Notification forms to be handled at each unit. See G.1.a. and
b.)
3. Each inmate
favorably recommended for transfer to a Work/Study Release Program may be
referred for examination by the unit medical staff and/or the Mental Health
Administrator.
4. If the applicant
meets the criteria for eligibility, the Unit Warden will consider the
application and all supporting documentation. If the Unit Warden finds the
application acceptable and in order, he/she will determine if a Notice of
Application is required.
a. A Notice of
Application will be issued to the circuit judge, prosecuting attorney and
sheriff of the county(ies) from which the inmate was sentenced.
b. A Notice of Application is required to be
issued to victims and/or next of kin, if the inmate's conviction was the result
of a crime involving physical injury to the person of another, and when their
whereabouts can be determined.
c. A
Field Report containing details of the crime shall be included in the
application's documentation if the inmate's conviction was the result of a
crime involving physical injury to the person of another.
5. The Unit Warden will forward his/her
recommendation with the documentation to the appropriate Assistant Director for
review and consideration.
6. The
appropriate Assistant Director will forward his/her recommendation with the
documentation to the Director for approval/disapproval. Those that are
disapproved by the Director will be returned to the Warden for notification to
the inmate. A list of those that are disapproved will be provided to the Board
of Correction. Any inmate who is serving time for 2nd degree murder; is serving
a current sentence or sentences of ten years or more, except those convicted of
a class C or D felony; has been incarcerated two or more times in a state or
federal adult institution; whose conviction was the result of a crime involving
physical injury (F-1211-2) to the person of another, application shall be
reviewed by the Board of Correction for final approval/disapproval.
7. Applicants who do not meet the eligibility
criteria will be informed in writing by the Unit Warden, and a copy of all
documentation will be placed in the inmate's institutional file.
8. Applicants that were denied 814 status by
the ADC shall be notified in writing of the reason for the denial and when the
Board of Correction would be willing to reconsider their application. In such
cases, increments of days or months is to be interpreted as to the time periods
between regularly scheduled Board meetings, as opposed to actual calendar days
or months.
Examples: 30-day rewrite or deferral means to the next Board meeting; 6 month rewrite or deferral will be six Board meetings from the date of deferral.
D.
Rules of the Work/Study Release Program:
1. No
inmate participating in the Work/Study Release Program shall:
a. Change employment and/or residence without
prior approval of the Assistant Director, and the Director at which time the
victim or next of kin will be notified of the inmate's request;
b. Leave the county to which he/she was
assigned without the written consent of the inmate's ADC supervisor;
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 beverage is the major item sold or consumed;
e. Violate any Federal, State, County or
Municipal laws, and;
f. Operate any
motor vehicle without written consent of the inmate's ADC supervisor. 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
approved by the inmate's ADC supervisor.
3. The inmate shall obey all Department of
Correction rules and regulations, and where applicable, all rules and
regulations of the facility where the inmate is housed.
E. Credit for Good Time:
Inmates housed in a Work/Study Release Program outside the Department of Correction shall be entitled to credit on their sentences under the meritorious classification system of the Department of Correction.
F. Employment and Earnings of
Inmates:
Employment and earnings of inmates are to be arranged by written agreement between the Department of Correction and the contracting party. Provisions for health care, personal maintenance, and subsistence shall be provided through the written agreement between the Department and the contracting party (F-1211-3). A supervision fee will be established by the Board of Correction.
G.
Monitoring and Reporting:
1. The appropriate
Assistant Director will develop Standard Operating Procedures (SOP) to include:
a. Notification forms to the Circuit Judge,
Prosecuting Attorney, Sheriff and/or the Chief of Police;
b. Procedures for using notification
forms;
c. Supervision
responsibilities;
d. Monitoring of
those inmates transferred to a Work/Study Program;
e. Procedures for handling of fees,
and;
f. Development of a monthly
reporting system.
2.
Reports will be submitted as follows:
a.
Information sheets on inmates applying for Work/ Study Release Program and
subject to paragraph "C" Section "6" of AR-1211 will be mailed to the Board of
Correction at least ten days prior to the individual being released.
b. Information sheets on inmates applying for
Work/Study Release Program and not requiring Board approval under paragraph "C"
Section "6" of AR-1211 will be mailed to the Board of Correction at least five
days prior to the individual being released. If one member expresses concerns
or objections to the Director about an application, it must have Board of
Correction approval prior to the applicant being released.
c. Information regarding activities of the
Work/Study Release Program will be provided to the Board of Correction through
the publication of the Monthly Report to the Board of Correction.
ARKANSES DEPARTMENT OF CORRECTION WORK/STUDY RELEASE
Board of Correction Approval Date: 3/30/90
Attorney General Review Date: 3/30/90
Date Filed Secy, of State: 4/2/90
Supersedes: AR 1211
Dated: 2/27/86
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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