Current through Register Vol. 49, No. 2, February 2024
AR 12
Inmates
Housed in County Jails and City Jails (Act 309)
I.
AUTHORITY:
The Board of Correction and Community Punishment is vested with
the authority to promulgate this administrative regulation by Ark. Code Ann.
§
§
12-27-105,
Act 309 of 1983, Regular Session, as amended; Act 1112 of 1991, Regular
Session, as amended; and 532 of 1993, Regular Session, as amended; Acts 115 and
936 of 1997, Regular Session.
II.
PURPOSE:
To establish regulations pursuant to Act 309 of 1983, as amended;
Act 1112 of 1991, as amended; and Act 532 of 1993, Regular Session, as amended;
Acts 115 and 936 of 1997, Regular Session; and to delineate the cooperative
agreement to be executed.
III.
APPLICABILITY:
To applicable staff of the Department of Correction to include
but not be limited to Director, Deputy/Assistant Director of Institutions,
staff involved in the approval process, county officials (sheriffs), city
officials (mayor or chief of police), and inmates.
IV.
POLICY:
It shall be the policy of the Board of Correction and Community
Punishment to allow the Director of the Department of Correction to sign
cooperative agreements between county officials, city officials and the
Department of Correction for the purpose of providing additional space for the
care and custody of State inmates on a temporary basis in State certified
intermediate term adult detention facilities operated by counties and
cities.
It shall be the responsibility of the county and the city to
ensure that assigned inmate(s) are not used to provide personal services for
private benefits, to act in a law enforcement capacity, nor supervise other
inmate(s). Inmates released under Act 309 In-Jail and Act 309-Work will not be
used to replace city, county, state or federal employees.
V.
DEFINITIONS:
Inmate(s) transferred to a county jail or city jail under Act 309
will be transferred under one of the following programs: 309 In-Jail or 309
Work.
A.
309
In-Jail: Inmates who are incarcerated within the Arkansas
Department of Correction and have been accepted/requested by the county or
city. These inmates must remain in the county jail or city facility, and the
county or city will be reimbursed for housing these inmates.
B.
309 Work: An
inmate released to the jurisdiction of the sheriff or chief of police who may,
upon approval of the Director be utilized by the county or city to work in and
around governmental property/projects while under supervision of the sheriff or
chief of police or designee. These inmates will be housed in the county or city
jail. The county or city will be reimbursed for these inmates. The county or
city will be responsible for-adequate medical care of these inmates as
described in the cooperative agreement between the Department of Correction and
the county or city jail.
VI.
PROCEDURES:
A. The Deputy/Assistant Director of
Institutions shall be responsible for ad ministering the program including
ascertaining and promoting the interest of the sheriff or chief of police in
the program and to ensure that an appropriate agreement is provided to all
interested sheriffs or chiefs of police.
B. A cooperative agreement will be executed
between the county or city and the Arkansas Department of Correction pursuant
to Act 309 of 1983, as amended; Act 1112 of 1991; and Act 532 of 1993, as
amended; Act 115 and 936 of 1997, regular session. Counties and cities
requesting contracts for the first time or who do not currently have a contract
must be approved by the Board of Correction and Community Punishment prior to
entering into contract for participation in Act 309.
C. Should questions arise concerning the
medical or mental health condition or case of an inmate participating in the
309 program, the Medical Services Administrator should be contacted. He or she
will evaluate the situation to determine the type of treatment or services to
render to the inmate. Some cases may require transferring the inmate back to
the department.
D. An
Administrative Directive will be formulated to outline the procedures to be
followed pertaining to Act 309 of 1983, as amended; Act 1112 of 1991; and Act
532 of 1993, as amended; Act 115 and 936 of 1997, regular session
