Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.05-002 - AR 1.4 - Community Correction Center Criteria And Standards

Current through Register Vol. 49, No. 6, June, 2024
AR 1.4
COMMUNITY CORRECTION CENTER CRITERIA AND STANDARDS
I.
AUTHORITY.
The Board of
		  Corrections (Board) 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.
APPLICABILITY.
This policy
		  applies to residents of and offenders being considered for transfer to
		  Department of Community Correction (DCC) community correction centers (CCCs)
		  other than technical violator centers, and staff.
III.
POLICY.
It is DCC policy to
		  operate residential facilities which adhere to established criteria and
		  standards for the effective provision of restoration opportunities for
		  offenders referred to CCCs, and to continuously review resident progress and
		  recommend early release to the Parole Board when program completion criteria is
		  met, with primary concern for the safety and welfare of people of the state of
		  Arkansas.
IV.
CCC ADMISSION
		  CRITERIA.
An offender eligible for admission to a CCC is a felon
A. who is eligible by law for such sentence,
		  and
B. whose crime(s) fall(s)
		  within the targeted population as set forth in Ark. Code Ann. §
									16-93-1202,
		  and
C. whose period to be confined
		  in a CCC does not exceed
1. 1 year for a
		  defendant placed on probation or for whom the court suspended the imposition of
		  sentence, accompanied by assignment to a CCC, or
2. 1 year for referrals by the Parole Board,
		  or
3. 2 years for a commitment to
		  the Arkansas Department of Correction (ADC) for judicial transfer to the DCC,
		  and
D. who has not been
		  previously convicted of a violent and/or sex related felony, disciplined in a
		  jail/correctional institution for violent and/or sexual misconduct and has no
		  known record of mental disorder(s) that would indicate a propensity for
		  violence, and
E. who has no pending
		  felony detainer(s) for a non-target offense filed against him or her,
		  and
F. who does not otherwise pose
		  an undue public risk to the safety and security of the community.
V.
STANDARDS.
A.
Admission.
Eligibility must
		  be verified upon admission. To be admitted, an offender must have an
		  appropriate commitment document. Intake medical examinations will be completed
		  within three (3) working days of admission except for Parole Board transfers
		  directly from ADC who have been examined at the ADC within the last six (6)
		  months. Treatment staff will assess the offender and develop and implement an
		  appropriate treatment plan.
B.
Credit for Time Spent in Custody.
Credit for time spent in either
		  pre-sentencing custody will be granted unless such credit has been waived
		  pursuant to an agreement between the offender and the sentencing
		  court.
C.
Good Time.
Offenders committed to the ADC with judicial transfer to the DCC may earn good
		  time in accordance with regulations and state statute.
D.
Community Work Crew Projects.
When work projects are conducted, center staff shall adhere to the following:
1. Work crews will be organized and operated
		  in accordance with agency guidance. Only supervised community work crews are
		  authorized to work outside the CCC unless alternative supervision has been
		  arranged through a work agreement approved by the Deputy Director of
		  Residential Services.
2. Projects
		  are limited to the following unless otherwise approved by the Director:
a. beautification of highways, roads,
		  ditches, and/or designated community areas
b. landscaping
c. general maintenance/cleanup
d. building renovation
e. rebuilding and demolition
		  projects.
3. Community
		  work crew projects are authorized only for the following entities, in priority
		  order:
a. State government
b. county government
c. city government
d. private non-profit
		  organizations/agencies
e. federal
		  government
f. private property
		  when engaged by the State, county or city government.
4. Director and Board approval is required
		  for any community work crew projects for pay.
5. Staff may not engage community work
		  projects where there is foreseeable danger (health and safety) to the public,
		  work site staff, and/or residents.
E.
Assignment/Program Participation
		  Agreement.
Residents will receive orientation, agree to abide by CCC
		  rules, participate in self-improvement programs and perform work program
		  assignments. Programs, job assignments, and activities will be designed to
		  promote public safety, and assess and address resident needs and abilities
		  without discrimination.
F.
Failure to Meet Criteria/Violation of Terms.
Confinement in a CCC
		  is conditioned upon meeting the criteria specified in Section
		  IV above and the resident's
		  continued compliance with all applicable rules and regulations established by
		  Board policy and agency guidance. A resident who violates such rules and
		  regulations is subject to disciplinary action up to and including submission of
		  a violation report with a revocation recommendation to the Parole Board or the
		  court as follows:
1. A resident who violates
		  the terms and/or conditions of transfer is entitled to a hearing by the Parole
		  Board to determine non-compliance that warrants transfer to the ADC. The
		  resident may waive the right to a hearing.
2. A transferred resident who no longer
		  satisfies CCC Criteria and Standards will be recommended for administrative
		  transfer to the ADC and transferred upon Parole Board approval. The resident
		  will be provided a written notice of ineligibility and supporting reasons for
		  the transfer. Only after the administrative transfer and only to contest the
		  factual basis of the determination of ineligibility may the resident be
		  entitled to a Parole Board hearing.
3. Parole Board decisions are final and
		  provided in writing to the ADC, DCC, and resident.
4. A resident who violates the terms or
		  conditions under which the imposition of his/her sentence was suspended or
		  fails to meet the center criteria/standards will be reported to his/her court
		  of jurisdiction and treated in accordance with its determination.
G.
Completion and Release
		  Criteria.
1. Upon completion of the
		  period of confinement, residents will sign a condition of release contract or
		  terms or conditions of probation/SIS, where appropriate, and will be
		  transferred to the supervision (at varying levels of intensity) of a
		  Parole/Probation Officer in the community, except as otherwise ordered by the
		  court. Prior to release, the residents will agree to an approved release
		  plan.
2. An offender judicially
		  transferred to a DCC CCC is eligible for release by the Parole Board when
		  he/she meets the following criteria for completion of the program:
a. completion of at least 270 days in a CCC,
		  excluding jail time credit
b.
		  obtained no cardinal rule violations within the past 90 days which resulted in
		  loss of class and/or good time or disciplinary detention or the Center
		  Supervisor has considered such violations and made a recommendation for early
		  release
c. demonstrated consistent
		  use of modified therapeutic community concepts to include booking tickets and
		  confrontations as determined by the treatment coordinator
d. made reasonable progression through status
		  levels through review of input by counselor and Staff on Duty
e. is current with master treatment plan
		  objectives
f. actively
		  participated in the twelve-step program and satisfactorily demonstrated
		  knowledge of steps one through four, and
g. completion of phase 3.
3. The Center Supervisor is
		  responsible to ensure timely and appropriate reviews and recommendations to the
		  Parole Board through the Deputy Director of Residential Services.
4. DCC staff must ensure transitional living
		  facilities receiving offenders from DCC and the Department of Correction are
		  licensed in accordance with Board of Corrections rules and
		  regulations.
5. Recommendations
		  should include the Center Supervisor's certification of completion of the
		  program, in accordance with the definition established in this policy. The
		  Deputy Director of Residential Services shall ensure a consistent design and
		  content of the certificate of completion and uniform Recommendation for Early
		  Release form (approved by the management team) to establish and maintain
		  consistency. The original certificate should be provided to the resident with a
		  copy maintained in the resident file.
6. If a cardinal rule violation occurs after
		  the Parole Board action to release a resident due to completion of the program,
		  the Parole Board should be notified immediately, and requested to reconsider
		  the release decision. If the Parole Board rescinds the previously approved
		  release, the resident must wait until he/she meets the eligibility criteria
		  again.
7. Approved release
		  documents will be provided to the Institutional Release Officer who will ensure
		  appropriate staff is advised of the Parole Board decision and will process
		  approved residents for release.
VI.
OPERATIONAL PROCEDURES.
Procedures for operating CCCs will be outlined in agency guidance.
VII.
REFERENCES.
Ark. Code Ann.
		  §§
								5-4-304,
		  5-10-101 et seq.
		  through
		  5-14-101 et seq.,
		  12-27-127,
		  12-29-205,
		  16-93-1201
		  et seq., and 16-93-1301 et seq.
VIII.
ACA REFERENCES.
American
		  Correctional Association Performance Based Standards for Adult Community
		  Residential Services, Fourth Edition, 4-ACRS-2A-07; 4-ACRS-6A-10 through
		  -6A-11.
Board Approval Date: 7/22/05
Reference: Secretary of State Code 159.00
Effective Date: 8/15/05