Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-008 - Work/Study Release for Inmates Housed Outside ADC Facilities

Current through Register Vol. 49, No. 6, June, 2024
1211 Work/Study
		  Release for Inmates Housed Outside ADC Facilities
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 Administrative Regulation is confirmed in Act 50 of 1968, First Extraordinary
			 Session, and Act 814 of 1983, Regular Session.
II.
PURPOSE
:
This Administrative Regulation establishes the policy by which
			 the Arkansas Department of Correction releases inmates pursuant to a work/study
			 Release Program and to be housed in facilities other than the Department of
			 Correction.
III.
APPLICABILITY
:
This Administrative Regulation applies to the Board of
			 Correction; all departmental employees, especially those involved in the
			 process of Act 814 applications; and all inmates.
IV.
POLICY
:
It shall be the policy of the Department of Correction to allow
			 the ordered reintegration of selected inmates from a prison environment back
			 into communities through participation in a Work/Study Release Program outside
			 the Department of Correction facilities.
V.
PROCEDURES
:
The Department has been authorized to establish Work/Study
			 Release Programs pursuant to Arkansas Codes
			 12-30-401,
			 403, 405-407 and Act 814 of 1983 to allow Work/Study Release, inmates to be
			 housed in facilities other than the Department of Correction. An approved plan
			 must exist before an inmate can be transferred. The following procedures have
			 been established for the selection of eligible inmates to be assigned to the
			 Program.
A. Non-eligibility for
		  Work/Study Release Program:
1. No person
		  convicted of a capital offense, murder in the first degree, rape, kidnapping,
		  or a person convicted for the second or subsequent time of aggravated robbery
		  shall be allowed to participate in any Work/Study Release Program conducted by
		  or for the Department of Correction (Ark. Code Ann.
		  12-30-404
		  ).
2. Inmates having an undisposed
		  felony detainer filed against him/her will be ineligible to participate in a
		  Work/Study Release Program.
3.
		  Inmates convicted of any sex offenses will not be eligible for a Work/Study
		  Release Program.
B.
		  Eligibility for Work/Study Release Program:
1.
		  The inmate must be eligible for minimum security status of Class I-A,
2. Inmates who have been found guilty or
		  entered a plea of guilty for second degree murder must be incarcerated 1/5 of
		  their sentence in the Department before being eligible for work/study
		  release.
3. An inmate should have
		  no more than thirty months until release or parole eligibility.
4. An inmate should have had no major
		  disciplinary infractions for a period of not less than three months immediately
		  prior to application. The Unit Wardens, however, may approve an inmate for
		  selection and possible transfer to the Work/Study Release Program where he/she
		  deems it particularly appropriate. In such a case, the ninety days minimum
		  requirement may be waived and written approval of the appropriate Assistant
		  Director must be obtained before an inmate can be transferred to a Work/Study
		  Release Program.
5. Inmates denied
		  release by the Board of Parole and Community Rehabilitation and/or any inmate
		  convicted of a violent crime will be reviewed by the full Board of Correction
		  for possible release.
C.
		  Application Process:
1. Eligible inmates are
		  to submit a "Work/Study Release Application" form (F-1211-1) to the Unit
		  Warden.
2. No application from
		  eligible inmates for Work/Study Release will be favorably recommended by the
		  Unit Warden unless the Unit Warden is satisfied that the inmate meets all
		  requirements of eligibility and that the inmate:
a. Does not have an abnormal or
		  uncontrollable propensity for violence;
b. Does not constitute a security
		  risk;
c. Is capable of abiding by
		  the terms and conditions of the Program, and;
d. The sheriff and/or the chief of police of
		  the area in which the inmate is to reside shall approve of such transfer in
		  writing. (Notification forms to be handled at each unit. See G.l.a. and
		  b.)
3. Each inmate
		  favorably recommended for transfer to a Work/Study Release Program may be
		  referred for examination by the unit medical staff and/or the Mental Health
		  Administrator.
4. If the applicant
		  meets the criteria for eligibility, the Unit Warden will consider the
		  application and all supporting documentation. If the Unit Warden finds the
		  application acceptable and in order, he/she will determine if a Notice of
		  Application is required.
a. A Notice of
		  Application will be issued to the circuit judge, prosecuting attorney and
		  sheriff of the county (ies) from which the inmate was sentenced.
b. A Notice of Application is required to be
		  issued to victims and/or next of kin, if the inmate's conviction was the result
		  of a crime involving physical injury to the person of another, and when their
		  whereabouts can be determined.
c. A
		  Field Report, containing details of the crime, shall be requested from the
		  proper staff and shall be included with the application documents.
5. The Unit Warden will forward
		  his/her recommendation with the documentation to the appropriate Assistant
		  Director for review and consideration.
6. The appropriate Assistant Director will
		  forward his/her recommendation with the documentation to the Director for
		  approval/disapproval. Those that are disapproved by the Director will be
		  returned to the Warden for notification to the inmate. A list of those that are
		  disapproved will be provided to the Board of Correction. Any inmate who is
		  serving time for 2nd degree murder; is serving a current sentence or sentences
		  of ten years or more, except those convicted of a class C or D felony; has been
		  incarcerated two or more times in a state or federal adult institution; whose
		  conviction was the result of a crime involving physical injury (F-1211-2) to
		  the person of another, application shall be reviewed by the Board of Correction
		  for final approval/disapproval.
7.
		  Applicants who do not meet the eligibility criteria will be informed in writing
		  by the Unit Warden, and a copy of all documentation will be placed in the
		  inmate's institutional file.
8.
		  Applicants that were denied 814 status by the ADC shall be notified in writing
		  of the reason for the denial and when the Board of Correction would be willing
		  to reconsider their application. In such cases, increments of days or months is
		  to be interpreted as to the time periods between regularly scheduled Board
		  meetings, as opposed to actual calendar days or months.
Examples: 30-day rewrite or deferral means to the next Board
			 meeting; 6 month rewrite or deferral will be six Board meetings from the date
			 of deferral; Denied means one year from the date of denial.
D. Rules of the Work/Study Release
		  Program:
1. No inmate participating in the
		  Work/Study Release Program shall:
a. Change
		  employment and/or residence without prior approval of the Assistant Director
		  and/or the Director;
If the inmate's change of employment and/or residence places him
			 or her into the same county of residence as the victim or next of kin, the
			 victim or next of kin will be notified;
If the inmate is employed or resides in the same county as the
			 victim or next of kin and a change of residence or employment places the inmate
			 demographically closer, the victim or next of kin will be notified;
b. Leave the county to which
		  he/she was assigned without the written consent of the inmate's ADC
		  supervisor;
c. Possess or consume
		  alcoholic beverages or drugs not specifically prescribed for him/her by a
		  licensed physician;
d. Visit any
		  place of business where alcoholic beverage is the major item sold or
		  consumed;
e. Violate any Federal,
		  State, County or Municipal laws, and;
f. Operate any motor vehicle without written
		  consent of the inmate's ADC supervisor. In such a case, the inmate must be
		  properly licensed and liability insurance documented before consideration and
		  approval is given.
2.
		  The inmate shall obey all Department of Correction rules and regulations, and
		  where applicable, all rules and regulations of the facility where the inmate is
		  housed.
E. Credit for
		  Good Time:
Inmates housed in a Work/Study Release Program outside the
			 Department of Correction shall be entitled to credit on their sentences under
			 the meritorious classification system of the Department of Correction.
F. Plan/Employment and Earnings of
		  Inmates:
A suitable plan for work/school/means of support for the inmate
			 must receive approval from the Department of Correction. Employment and
			 earnings of inmates are to be arranged by written agreement between the
			 Department of Correction and the contracting party. Provisions for health care,
			 personal maintenance, and subsistence shall be provided through the written
			 agreement between the Department and the contracting party (F-1211-3). A
			 supervision fee will be established by the Board of Correction.
G. Monitoring and Reporting:
1. The appropriate Assistant Director will
		  develop Standard Operating Procedures (SOP) to include:
a. Notification forms to the circuit judge,
		  prosecuting attorney, sheriff and/or the chief of police and victim;
b. Procedures for using notification
		  forms;
c. Supervision
		  responsibilities;
d. Monitoring of
		  those inmates transferred to a Work/Study Program;
e. Procedures for handling of fees,
		  and;
f. Development of a monthly
		  reporting system.
2.
		  Reports will be submitted as follows:
a.
		  Information sheets on inmates applying for Work/ Study Release Program and
		  subject to paragraph "B" Section "5" and paragraph "C" Section "6" of AR-1211
		  will be mailed to the Board of Correction at least ten days prior to the
		  individual being released.
b.
		  Information sheets on inmates applying for Work/Study Release Program and not
		  requiring Board approval under paragraph "C" Section "6" of AR-1211 will be
		  mailed to the Board of Correction at least five days prior to the individual
		  being released. If one member expresses concerns or objections to the Director
		  about an application, it must have Board of Correction approval prior to the
		  applicant being released.
c.
		  Information regarding activities of the Work/Study Release Program will be
		  provided to the Board of Correction through the publication of the Monthly
		  Report to the Board of Correction.
Board of Correction Approval Date: 4/19/91
Attorney General Review Date: 4/19/91
Date Filed Secy, of State: 4/22/91
Supersedes: AR 1 21 1
Dated: 1/22/91