Arkansas Administrative Code
Agency 159 - Department of Community Correction
Rule 159.00.11-002 - Electronic Monitoring After 120 Days Served (Co-filed with Dept of Correction)
Universal Citation: AR Admin Rules 159.00.11-002
Current through Register Vol. 49, No. 9, September, 2024
DCC 7.12
ADC 1317 ELECTRONIC MONITORING AFTER 120 DAYS SERVED
I.
AUTHORITY. The Board of
Corrections is vested with the authority to promulgate this administrative
regulation by Ark. Code Ann. §§
12-27-105,
16-93-1203
and
16-93-1205.
II.
POLICY. It shall be the
policy of the Department of Correction (ADC) to implement a process and/or
procedures for identifying and certifying (to the Parole Board) eligible ADC
inmates to be considered for-release to electronic monitoring (EM) after
serving 120 days of a sentence.
III.
APPLICABILITY. This policy
applies to ADC and DCC employees and ADC inmates.
IV.
GUIDELINES.
A.
Eligibility Criteria.
Community Correction Center residents are not eligible for EM 120; release. An
inmate serving a sentence in the ADC may be approved for EM 120 release if the
1. offense for which the offender is
incarcerated was committed on or after July 27, 2011.
2. sentence was not the result of a jury or
bench verdict;
3. inmate has served
one hundred twenty (120) days of his/her sentence;
4. inmate has an approved parole
plan;
5. inmate was sentenced from
a cell in the sentencing guidelines that does not include incarceration in the
presumptive range;
6. conviction is
for a Class C or D felony;
7.
conviction is not for a crime of violence, regardless of felony
level;
8. conviction is not for a
sex offense, regardless of felony level;
9. conviction is not for manufacturing
methamphetamine, §
5-64-423(a)
or the former §
5-64-401;
10. conviction is not for possession of drug
paraphernalia with the purpose to manufacture methamphetamine, §
5-64-443, if
the conviction is a Class C felony or higher;
11. conviction is not a crime involving the
threat of violence or bodily harm;
12. conviction is not for a crime that
resulted in a death;
13. inmate has
not previously failed a drug court program;
14. inmate has not been transferred from the
Dept. of Community Correction (DCC) to ADC as a result of disciplinary action;
and,
15. inmate does not have an
active detainer.
B.
Notice. The ADC Director will provide notice to the Parole Board
of eligible inmates for EM-120 release and subsequent notice to the
Institutional Release Office if approved for such release.
C.
Supervision. Offenders
approved for EM-120 release will be supervised by DCC through electronic
monitoring (home detention) until the offender's transfer eligibility date or
for at least ninety (90) days of full compliance by the offender, whichever is
sooner. Home detention will be tailored and defined by the parole/probation
supervision officer for each program participant (e.g. curfew, authorized for
school/work, practice religion). The term of electronic monitoring shall not
exceed the maximum number of years of imprisonment or supervision to which the
offender could be sentenced.
D.
Funding for Services. Eligible offenders will pay the cost of
their electronic monitoring service and associated equipment directly to the EM
company providing the service. DCC is authorized to use all types of electronic
monitoring devices for monitoring the presence of an offender in his/her home
in a manner consistent with the law.
E.
Discharge Credit An eligible
offender approved for EM-120 release may earn discharge credits against his/her
sentence.
Board Approval Date: 11/29/2011
Reference:
Effective Date: 1/31/2013
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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