I.
AUTHORITY:
The authority of the Board of Correction to promulgate this
Administrative Regulation is confirmed in Act 50 of 1968, First Extraordinary
Session, and Act 814 of 1983, Regular Session.
II.
PURPOSE:
This Administrative Regulation establishes the policy by which
the Arkansas Department of Correction releases inmates pursuant to a work/study
Release Program and to be housed in facilities other than the Department of
Correction.
III.
APPLICABILITY:
This Administrative Regulation applies to the Board of
Correction; all departmental employees, especially those involved in the
process of Act 814 applications; and all inmates.
IV.
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.
V.
PROCEDURES:
The Department has been authorized to establish Work/Study
Release Programs pursuant to Arkansas Codes
12-30-401,
403, 405-407 and Act 814 of 1983 to allow Work/Study Release, inmates to be
housed in facilities other than the Department of Correction. An approved plan
must exist 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. Code Ann.
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
no more than thirty 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. Inmates denied
release by the Board of Parole and Community Rehabilitation and/or any inmate
convicted of a violent crime will be reviewed by the full Board of Correction
for possible release.
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.l.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 requested from the
proper staff and shall be included with the application documents.
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; Denied means one year from the date of denial.
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/or the Director;
If the inmate's change of employment and/or residence places him
or her into the same county of residence as the victim or next of kin, the
victim or next of kin will be notified;
If the inmate is employed or resides in the same county as the
victim or next of kin and a change of residence or employment places the inmate
demographically closer, the victim or next of kin will be notified;
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.
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. Plan/Employment and Earnings of
Inmates:
A suitable plan for work/school/means of support for the inmate
must receive approval from the Department of Correction. 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 and victim;
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 "B" Section "5" and 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.
Board of Correction Approval Date: 4/19/91
Attorney General Review Date: 4/19/91
Date Filed Secy, of State: 4/22/91
Supersedes: AR 1 21 1
Dated: 1/22/91
