Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.15-002 - Electronic Monitoring After 120 Days Served

Current through Register Vol. 49, No. 6, June, 2024
ACC 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.
The Department of
		  Correction (ADC) will have an appropriate 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 ACC 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 March 2, 2015
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 does not have a
		  prior felony conviction for a sex offense or for a felony offense that involved
		  the use or threat of violence or bodily harm
6. inmate was sentenced from a cell in the
		  sentencing guidelines with:
a. an
		  incarceration range of 36 months or less, or
b. a presumptive sentence of
		  probation
7. conviction
		  is for a Class C or D felony
8.
		  conviction is not for a crime of violence, regardless of felony level
9. conviction is not for a sex offense,
		  including failure to register as a sex offender under §
										12-12-906,
		  regardless of felony level
10.
		  conviction is not for manufacturing methamphetamine, §
										5-64-423(a)
		  or the former §
										5-64-401
11. 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
12. conviction is not for a crime involving
		  the use or threat of violence or bodily harm
13. conviction is not for a crime that
		  resulted in a death
14. inmate has
		  not previously failed a drug court program
15. inmate has not been transferred from
		  Arkansas Community Correction (ACC) to ADC as a result of disciplinary action,
		  and,
16. inmate does not have an
		  active detainer.
B.
Notice.
The ADC Director will provide notice to the Parole Board
		  of inmates eligible 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 ACC 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 (for example, curfew,
		  authorized for school/work, practice religion). The term of electronic
		  monitoring must not exceed the maximum number of years of imprisonment or
		  supervision to which the offender could be sentenced.
D.
Funding for Services.
Eligible offenders must pay the cost of their electronic monitoring service and
		  associated equipment.
E.
Types of GPS Devices.
ACC 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.
F.
Discharge Credit.
An eligible
		  offender approved for EM-120 release may earn discharge credits against his/her
		  sentence.
Board Approval Date: 8/21/2015
Reference: Sec. of State 159.
Effective Date: 9/15/2015