Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.92-005 - Inmates Housed in County Jails

Current through Register Vol. 49, No. 6, June, 2024
1212 Inmates Housed in County Jails (Act 309)
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 Administrative Regulation is confirmed in Act 50 of 1968, First Extraordinary
			 Session, as amended; Act 309 of 1983, Regular Session, as amended; and Act 1112
			 of 1991, Regular Session.
II.
PURPOSE
:
To establish regulations pursuant to Act 309 of 1983, and Act
			 1112 of 1991; and to delineate the cooperative agreement to be executed.
III.
APPLICABILITY
:
To Departmental staff, inmates meeting criteria, and county
			 officials (sheriffs).
IV.
POLICY
:
It shall be the policy of the Department to allow the Director to
			 sign cooperative agreements between county 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 county jails and/or placement
			 of State inmates under the supervision of the county sheriff who may
			 subsequently be released to parole officer supervision.
It shall be the responsibility of the county 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 under Act 309 will be
			 transferred under one of the following: 309 In-Jail, 309 Work, or 309
			 Conditional Release. Request for an inmate to be transferred under Act 309 must
			 be in writing from the sheriff to the Department of Correction.
An inmate(s) being considered for participation in Act 309 needs
			 to be approved by the unit warden/center supervisor and must meet the following
			 criteria:
1. Has completed the 60 day
		  initial job assignment with the Arkansas Department of Correction and be in
		  Class I or Class II status;
2. Is
		  capable of abiding by the rules and regulations of the program;
3. Does not have an undisposed felony
		  detainer filed against him or her unless approved for transfer by the agency
		  filing detainer.
A.
309
		  In-Jail
: Those inmates who are pre-release (minimum and medium
		  security) and/or inmates who are incarcerated within the Arkansas Department of
		  Correction and have been accepted/requested by the county. These inmates must
		  remain in the county jail facility, and the county will be reimbursed for
		  housing these inmates. Transfer of these inmates will be coordinated by the
		  Assistant Director of Field Services.
B.
309 Work
: A 309
		  Work transfer is an inmate released to the jurisdiction of the sheriff who may,
		  after Director and/or Board of Correction approval, be utilized by the county
		  to work in and around governmental property/projects while under supervision of
		  the sheriff or his or her designee. These inmates will be housed in the county
		  jail. Counties will be reimbursed for these inmates. The county will be
		  responsible for the normal medical care of these inmates.
C.
309 Conditional
		  Release
: A 309 Conditional Release may, after Director and/or
		  Board of Correction approval, be released into the community by the sheriff's
		  office. Counties will not be reimbursed for these inmates. ADC nor the county
		  will be responsible for the medical care of these inmates. These inmates will
		  be under the supervision of the sheriff and/or the Parole Services staff.
All 309 Work and Conditional Transfer inmates must meet the
			 following criteria:
1. Inmates
		  convicted of the offense of rape, a capital offense, or murder in the first
		  degree will not be eligible for transfer into Act 309 Work and/or Conditional
		  Release Transfer.
2. An inmate who
		  is serving a sentence for a non-violent crime as identified by Act 230 of 1983,
		  may be released under 309 Work and/or 309 Conditional Release Transfer after
		  being authorized by the Director.
3. Violent offenders who are ineligible for
		  release under Act 814 and/or Act 230 may be released under 309 Work and/or
		  Conditional Release Transfer if they are first offenders, there are mitigating
		  circumstances, and they are approved by the Director and Board of
		  Correction.
4. Inmates
		  participating in a conditional release transfer will be subject to payment of
		  Act 70 supervision fees as established by departmental regulations.
Upon receipt of a request from the county sheriff for an inmate
			 to participate in conditional release transfer, the Community Services office
			 shall cause a victim's notification to be sent to the victim or victim's next
			 of kin if the inmate's conviction was the result of a crime involving injury or
			 the threat of injury and when their whereabouts can be determined. A field
			 report will be requested for presentation to the Board.
Notification shall also be sent to the sentencing judge and the
			 prosecuting attorney and sheriff in the county(ies) of conviction for
			 conditional release transfer.
After an inmate is transferred from the department to the
			 jurisdiction of a county sheriff, and the inmate is subsequently
			 transferred/released to another sheriff's jurisdiction, the sheriff
			 relinquishing custody/supervision shall notify the receiving sheriff and the
			 Department of Correction prior to the inmate's transfer/release. Inmates in
			 conditional release may transfer out of state provided they are processed
			 according to rules and regulations of the Interstate Compact.
VI.
PROCEDURES
:
A. The
		  Assistant Director of Field Services shall be responsible for conducting the
		  program including ascertaining and promoting the sheriff's interest in the
		  program and to ensure that an appropriate agreement is provided to all
		  interested sheriffs.
B. A
		  cooperative agreement will be executed between the county and the Arkansas
		  Department of Correction pursuant to Act 309 of 1983, as amended; and Act 1112
		  of 1991.
C. Should questions arise
		  concerning a 309 In-Jail or 309 Work's medical or mental health condition or
		  case, 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. ADC nor the county will be responsible for medical care of
		  conditional release transfers.
D.
		  An Administrative Directive will be formulated to outline the procedures to be
		  followed pertaining to Act 309 of 1983, as amended, and Act 1112 of
		  1991.
E. Inmates found to be in
		  violation of their conditions of release under conditional release will be
		  given a hearing to determine the nature and seriousness of their violations.
		  The hearing officer will determine the inmate's guilt or innocence and hand
		  down an appropriate sentence. Procedures for the hearing will be included in an
		  Administrative Directive.
Those inmates participating in the Act 309 Program of 1983, as of
			 June 27, 1991, are approved by the Board of Correction for conditional release
			 transfer upon approval of the appropriate county sheriff and the
			 Director.