Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.95-007 - Reg. 850 - Offenders with an Incurable Illness or Permanently Incapacitated

Current through Register Vol. 49, No. 6, June, 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