Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-014 - Alternative Service Act

Current through Register Vol. 49, No. 6, June, 2024
880
		  Alternative Service Act
I. POLICY OF
		  DEPARTMENT: The Commission on Community Based Rehabilitation, in conjunction
		  with the Director of the Department of Correction, can certify the diversion or
		  transfer of eligible offenders to Alternative Service Programs, provide for
		  expungement of criminal records of eligible offenders, promulgate rules and
		  regulations for the operation and supervision of Alternative Service Programs,
		  and collect fees and disburse funds for the purpose of defraying operating
		  costs of the Program.
II.
		  EXPLANATION:
A. Requirements for Certifying
		  Alternative Service Programs:
1. Programs
		  eligible to be certified are those providing corrective and preventive guidance
		  and/or training designed to rehabilitate eligible offenders and protect the
		  public by correcting the antisocial tendencies of eligible offenders.
2. An investigation of prospective Programs
		  will be performed by the Community Services Office to determine if the
		  prospective Program meets the standards as set forth by Act 378 of 1975, as
		  amended, (Ark. Stat. 43-2340).
3.
		  Upon completion of an investigation, the Community Services Office will present
		  the prospective Program to the Commission on Community Based Rehabilitation and
		  Director for review and certification. The Alternative Service Program will be
		  certified for one year. Termination of certification may be initiated by either
		  the Department of Correction or the certified Alternative Service Program by
		  giving written notice thirty (30) days before the date of
		  termination.
4. Upon final approval
		  of each certified Program, the Community Services Office will notify courts, in
		  writing* having criminal jurisdiction, of the availability of the Certified
		  Alternative Service Program.
B. Eligibility:
1. In order for an offender to participate in
		  the Alternative Service Program, the offender must meet certain criteria for
		  eligibility pursuant to Act 373 of 1975, as amended, (Ark. Stat. 43-2340,
		  43-2342, 43-2346).
2. The
		  Commitment Order will indicate that a person has been committed to the Arkansas
		  Department of Correction for designated time pursuant to Act 378 of 1975, as
		  amended, (Ark. Stat. 43-2340, 43-2342, 43-2346), and must specify that the
		  sentence is under either Section IV C or Section IV D of the Act. The
		  Commitment Order must also specify that the offender has knowingly and
		  intelligently consented to sentencing under the provisions of this
		  Act.
3. If a felony detainer has
		  been placed on an offender sentenced pursuant to the Act, that offender will
		  not be considered for release under the Act until the detainer has been
		  disposed of.
4. Those offenders
		  diagnosed by history, self-admission, and psychological testing as using
		  illegal drugs regularly, consuming an average of more than two ounces of
		  ethonol frequently, or where alcohol or drugs were involved in their criminal
		  activity, will be required to take positive action to control this behavior by
		  participating in the Substance Abuse Treatment Program.
C. Procedures for Placement into an
		  Alternative Service Program:
1. All eligible
		  offenders will be given a psychological evaluation, interpreted and signed by
		  the Correctional Chief Psychologist. This psychological evaluation must have
		  been conducted within ninety (90) days of the Commission's deliberations. A
		  background investigation will be done on eligible offenders by the Community
		  Services staff before being reviewed by the Commission.
2. The eligible offender will be reviewed by
		  the Warden/Center Supervisor and the Unit/Center Classification Committee
		  pertaining to the eligible offender's conduct and progress made while at the
		  unit/center and a recommendation will be made by the Warden/Center Supervisor
		  to the Supervisor of Community Services.
3. The victims, along with the appropriate
		  Sheriffs, Prosecuting . Attorneys, and Judges, will be notified, in writing, by
		  the Community Services Office.
4.
		  The eligible offender's institutional file will be made available to the
		  Commission for review during meetings.
5. Factors considered by the Commission
		  include, but are not limited to, institutional adjustment, conduct, attitude,
		  appearance and work history since incarceration.
6. If the eligible offender is approved for
		  transfer by the Commission on Community Based Rehabilitation and Director, the
		  Community Services Office will be responsible for completing the necessary
		  forms for transfer.
7. If an
		  eligible offender is not approved by the Commission on Community Based
		  Rehabilitation or the Director, a written report prepared by the Community
		  Services Office will be given to- the eligible offender stating the reason(s)
		  for denial and when he/she will be reconsidered. A copy will be sent to the
		  Warden/Center Supervisor to be placed in the inmate's institutional
		  file.
8. If the eligible offender
		  is denied admission to an Alternative Service Program, he/she will be eligible
		  for reconsideration at a time set by the Commission on Community Based
		  Rehabilitation or the Director. If no date is set, the eligible offender will
		  be reviewed again in six (6) months.
D. Supervision:
1. Any individual placed in an Alternative
		  Service Program will be under the supervision of that Program and shall
		  hereinafter be referred to as the "378 participant". The Area Parole Officer
		  will provide assistance to the Program in working with the "378 participant",
		  i.e., issuing warrants, giving assistance in supervisory procedures,
		  etc.
2. The "378 participant" will
		  report to the Area Parole Officer or Alternative Service Program upon his/her
		  arrival into the community.
3. The
		  Supervising Agency will keep a chronological report on the "378 participant".
		  At intervals, as agreed upon between the Supervising Agency and the Community
		  Services Supervisor, the coronological report will be mailed to the Community
		  Services Office.
4. All "378
		  participants" will remain under the control of the Department of
		  Correction.
5. The Area Parole
		  Officer will take direct supervision of a "378 participant" if supervision is
		  warranted. If the Area Parole Officer assumes direct supervision, he/she will
		  submit a report to the Community Services Office within forty-eight (48) hours.
		  if the "378 participant" violates any conditions of his/her Order of Agreement,
		  a hearing may be conducted by the Field Services Hearing Examner to determine
		  if there is just cause to return the "378 participant" to a unit/center of the
		  Arkansas Department of Correction.
E. Expunging "378 Participants'" Records:
1. "378 participants" sentenced to the
		  Arkansas Department of Correction under Act 378 of 1975, as amended, (Ark.
		  Stat. 43-2340, 43-2342, 43-2344), may receive an expungement of records, by the
		  following process:
a. One year must elapse
		  after a "378 participant" completes his/her sentence before applying for an
		  expungement.
b. After the "378
		  participant" completes the sentence, as outlined in E. l.a. , the Community
		  Services staff will advise the appropriate court that he/she is eligible for
		  expungement of his/her record. A report of the individual's progress and
		  conduct will be submitted to the Commission on Community Based Rehabilitation
		  for review. After reviewing the information, the Commission may approve an
		  expungement, contingent upon the Director's approval.
c. Upon approval, the Chairman of the
		  Commission on Community Based Rehabilitation and the Director will sign a
		  certificate of expungement to be presented to the "378 participant".
d. The Community Services staff will notify
		  all pertinent law enforcement agencies and the Circuit Clerk's Office(s) that
		  the "373 participant's" record has been expunged; therefore, the record will be
		  sealed, sequestered, and opened only to law enforcement or judicial
		  officials.
2. "378
		  participants" on probation under Act 378 of 1975, as amended, (Ark. Stat.
		  43-2340, 43-2342, 43-2344), may receive expungement of records according to the
		  following process:
a. When the terms of
		  probation are successfully completed by the "378 participant", his/her record
		  may be reviewed by the court and ordered expunged. The order of the court will
		  be presented to the Chairman of the Commission on Community Based
		  Rehabilitation and the Director for signature. The certificate will be mailed
		  to the "378 participant" by the Community Services Office.
b. The Community Services Office will notify
		  the pertinent, law enforcement agencies and the Circuit Clerk's Office(s) that
		  the "378 participant's" record has been expunged and the record sealed or
		  sequestered, to be made available only to law enforcement or judicial
		  officials.
F.
		  Violation of Order of Agreement:
1. If a
		  violation of an Order of Agreement is suspected, the Supervisor of Community
		  Services will ask that an investigation be conducted by the supervising officer
		  or Alternative Service Program.
2.
		  If it appears, through investigation, that probable cause exists and that the
		  Order of Agreement was violated, charges will be written by the supervising
		  officer or Alternative Service Program and submitted to the Supervisor of
		  Community Services. The "378 participant" may be detained in the local jail
		  facility, if felt necessary, for the protection of the "378 participant" and/or
		  the community and/or to assure an appearance at the Alternative Service
		  Hearing.
3. If the "378
		  participant" was deferred directly to the Alternative Service Program from the
		  court, a report will be able to the prosecuting attorney and the sentencing
		  judge for their determination of whether or not the probation should be
		  revoked.
4. If the "378
		  participant" was transferred to an Alternative Service Program by the
		  Department of Correction, an Alternative Service Hearing will be conducted in
		  accordance with rules and regulations of the Community Services
		  Office.
5. The Field Services
		  Hearing Examiner may grant a continuance in holding a hearing at the request of
		  the "378 participant". The Supervisor of Community Services may release the
		  "378 participant" from custody in case of a continuance if he/she determines
		  such release would not pose a threat to the safety of the community and that
		  the "378 participant" is not likely to flee.
6. The Field Services Hearing Examiner shall
		  conduct all hearings on "378 participants" who were transferred to Alternative
		  Service Programs. The decision of the Field Services Hearing Examiner will be
		  final unless it is overturned or modified on appeal. An appeal of the decision
		  is to be made to the Assistant Director for Field Services. The Assistant
		  Director's decision may be appealed to the Director.
G. Payment:
Section 10 of Act 373 of 1975, (Ark. Stat. 43-2347), enables the
			 Department to collect fees and disburse funds for the purpose of defraying the
			 costs of establishing and operating Alternative Service Programs, according to
			 AR 111, Community Service Revolving Fund.
Board of Correction Approval Date: 7/14/83
Attorney General Review Date: 7/14/83
Date Filed Secy, of State: 1/16/84
Supersedes: 860
Dated: 9/30/82