Current through Register Vol. 49, No. 2, February 2024
ADC 850
Offenders with an Incurable Illness or Permanently Incapacitated
DCP 7.19
I.
AUTHORITY:
The Board of Correction and Community Punishment (BCCP)is vested
with the authority to promulgate administrative regulations by Ark. Code Ann.
ss
12-27-105
and
16-93-1203
(Michie Suppl. 1993).
II.
PURPOSE:
To establish the criteria for determination of incurable illness
and permanent incapacitation, and the procedures for referring offenders
meeting those criteria to the Post Prison Transfer Board (PPTB) or court of
jurisdiction who will make a determination of eligibility for transfer to DCP
community supervision.
III.
APPLICABILITY:
To convicted felons not under sentence of death who have been
identified by a physicians as having an incurable illness or to be permanently
incapacitated, to medical staff and consulting physicians, and to
administrative staff, of the Arkansas Department of Correction (ADC) and
Department of Community Punishment (DCP) .
IV.
DEFINITIONS:
A.
Incurable illness
- An illness which, in the independent opinion of two physicians would be
expected, on the average, to result in death within 12 months, despite
treatment that meets community standards of care.
B.
Permanently
incapacitated - A condition resulting from illness, trauma, or age
that renders the individual incapable, either mentally or physically of
planning or carrying out future criminal behaviors, and debilitates the
individual to a point that a specialized medical setting is required for long
term care. This condition, in the independent opinion of two physicians, is
considered not to be substantially reversible in standard medical
practice.
C. Offenders - Persons
incarcerated or confined in the facilities of the Arkansas Department of
Correction or the Department of Community Punishment.
D. Community Supervision - Regular contact
and monitoring of offenders by probation or parole officers, to ensure
compliance with the terms and conditions of release or probation.
V.
POLICY:
It shall be the policy of the ADC and DCP to establish a system
whereby incurably ill and permanently incapacitated individuals are identified
and called to the attention of the Post Prison Transfer Board to be considered
for transfer to community supervision.
VI.
PROCEDURE:
A. Upon recognition that an offender is
incurably ill or permanently incapacitated, the physician shall make this
condition known in writing to the Medical Director, clearly stating the
diagnosis and prognosis and the degree to which the condition affects the
capacity of the offender to carry out voluntary and self-care
activities.
B. The Medical Director
shall make, or cause to be made, an independent assessment. If there is
disagreement as to whether criteria are met, the Medical Director may set a
date for reassessment or request a third opinion by a specialist.
C. The Medical Director or designee shall
contact the Administrator of Mental Health Services or designee and request a
psychological evaluation on the offender.
D. The originals of all documents shall be
sent to the Office of the Administrator of Medical Services/Deputy Director for
Residential Services, as appropriate who shall review them for completeness,
and once any questions are answered, forward them to the ADC or DCP Director,
as appropriate.
E. The Director
shall review the documents and may make any comments or add any information
deemed appropriate, and shall forward the documents to the ADC Assistant Parole
Administrator/DCP Assistant Director for Field Operations.
F. The Assistant Parole
Administrator/Assistant Director of Field Operations shall cause any field
investigations, contacts or other actions specified by the Post-Prison Transfer
Board to be done, and shall forward the information to the Post-Prison Transfer
Board or court of jurisdiction in the case of DCP, Probation or Suspended
Imposition of Sentence (SIS) Residents pursuant to state law and DCP
Administrative Directives.
G.
Medical Services and/or Mental Health Services will provide any assistance
requested by the Post Prison Transfer Board/court in generating a release plan
that appropriately addresses the medical/mental health needs of the
offender.
H. DCP Probation/SIS
residents will be treated in accordance with the determination of the
court.
VII.
REFERENCES:
Act 290 of 1995 and Ark. Code Ann ss
12-29-404.
Board Approval Date: 8/24/95
Reference:
12-29-404
Effective Date: 9/20/95
Supersedes: ADC 850 DCP N/A
Dated: 8/28/91
