Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Division 01 - Division of Community Correction › Rule 004.01.20-013 - Transitional Housing Program

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY.
The Board of Corrections (BOC) is vested with the
			 authority to promulgate this administrative rule by Arkansas law sections
			 12-27-105,
			 16-93-211,
			 16-93-1203,
			 16-93-1205,
			 16-93-1601
			 through
			 16-93-1605 and
			 25-15-217.
II.
APPLICABILITY.
This policy
			 applies to Arkansas Community Correction (ACC) employees, offenders, applicants
			 for and recipients of a Transitional Housing Facility license, owners,
			 operators, and staff members of licensed Transitional Housing
			 Facilities.
III.
POLICY.
It is BOC policy that facilities and programs that provide
			 transitional housing services to ACC offenders meet or exceed licensing
			 requirements to ensure a structured, positive, affordable, and safe environment
			 for remanded offenders, to reduce recidivism, to encourage employment and
			 treatment, to provide public safety, and to maintain the principles of evidence
			 based practices.
IV.
DEFINITIONS.
Transitional Housing.
Transitional housing is a
				program that provides housing for one or more offenders who have either been
				transferred or paroled from the Department of Correction by the Parole Board or
				placed on probation by a circuit or district court. An Offender's home or the
				residence of an offender's family member shall not be considered a transitional
				housing facility for purposes of this rule.
Request for Qualifications.
The contract supplied
				by the Office of State Procurement that allows a licensed Transitional Housing
				Facility to bill the state for limited reimbursement for housing remanded
				offenders at their facility.
Transitional Housing Coordinator.
The individual
				assigned to monitor Transitional Housing Facilities; to lead the enforcement of
				policy, procedure, practice and contract stipulations; to monitor offender
				placement in facilities; to lead the License Review Teams; to report concerns
				and violations to the proper authority, and to serve as the liaison between the
				facility and ACC.
V.
LICENSING.
A.
Licensing
			 Authority.
The ACC Director is the authority for licensing Transitional
			 programs and/or facilities. Geographical limitations shall not be the sole
			 factor of consideration in the licensing decision. The Director shall ensure
			 the development and implementation of the necessary applications, forms,
			 procedures and processes for obtaining sufficient information to make licensure
			 and renewal decisions consistent with the requirements established by this
			 rule. Documentation supporting applications shall be deemed a part of the
			 official application. The application fee will be as established by the Board
			 of Correction. ACC will make fee amounts and changes available to transitional
			 housing licensing applicants and current licensees. All fees are non-refundable
			 regardless of the licensure decision.
An Arkansas Transitional Housing Facility License shall not be
				issued for a facility under the management, supervision, oversight or ownership
				of a person currently under a sentence or probation supervision for a felony
				offense or who has current, pending felony charges. Ex-offenders must provide
				proof of discharge of the felony sentence.
Licensing and renewals shall be for twelve (12) months
				following issuance with provisions for renewal as specified in the Request for
				Qualifications.
Only ACC licensed facilities or programs will be used to house
				offenders while receiving transition services.
Licenses will be issued only for the premises and persons
				specified in the application and are not transferable.
All licensed facilities must have 24 hour access by assigned
				offenders and must have a staff member/housing manager present at all
				times.
Licenses issued pursuant to this rule shall become effective
				immediately upon issuance and shall remain in effect for twelve months, except
				when an unresolved noncompliance is cited by ACC resulting in revocation or
				suspension of the license.
Applicants for licensing will be notified in writing of the
				licensing decision and specific requirements, if any, that were not met.
ACC does not guarantee placement of offenders at a transitional
				housing facility regardless of the granting of a license or a contract.
B.
Transitional Housing
			 Licensure Requirements.
1. Compliance
			 with any local health and safety codes, including housing codes, fire codes,
			 plumbing codes, and electrical codes, set by the jurisdiction(s) in which the
			 transitional housing facility is located.
2. Compliance with any state and federal
			 health and safety codes.
3.
			 Compliance with any local zoning ordinances.
4. Compliance with allowable ratio of
			 transitional housing facility square footage to residents.
5. Compliance with any law regarding
			 transitional housing.
6. Compliance
			 with allowable ratio of bathing facilities and restroom facilities to
			 residents.
7. Maintain separate
			 sleeping and bathing rooms for males and females.
8. Meet the procedural guidelines and
			 requirements established by ACC in an administrative directive for Transitional
			 Housing Licensing.
9. Meet the ACC
			 Minimum Standards for licensure or renewal.