Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.90-011 - 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. 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.
II. EXPLANATION:
The Department has been authorized to establish Work/Study
			 Release Programs pursuant to Ark. Stat. Ann. s
			 12-30-404
			 (Repl, 1977) and Act 814 of 1983 to allow Work/Study Release inmates to be
			 housed in facilities other than the Department of Correction. A valid agreement
			 of employment, in writing, must exist between the approved agency/person, other
			 than immediate family, and the Department of Correction 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. Stat. Ann. s
		  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 a
		  minimum of three months and no more than eighteen 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. An inmate who wishes to apply for a Study
		  Release Program must have sufficient time remaining on his/her sentence to
		  complete one full semester of study or satisfactory proof be furnished to the
		  Department that he/she will complete the semester work.
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.1.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 included in the
		  application's documentation if the inmate's conviction was the result of a
		  crime involving physical injury to the person of another.
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.
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 the Director at which time the
		  victim or next of kin will be notified of the inmate's request;
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. Transportation to and from work will be
		  approved by the inmate's ADC supervisor.
3. 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. Employment and Earnings of
		  Inmates:
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;
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 "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.
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ARKANSES DEPARTMENT OF CORRECTION WORK/STUDY RELEASE
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Board of Correction Approval Date: 3/30/90
Attorney General Review Date: 3/30/90
Date Filed Secy, of State: 4/2/90
Supersedes: AR 1211
Dated: 2/27/86