Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.90-017 - Work/Study Release Program

Current through Register Vol. 49, No. 6, June, 2024
1200
		  Work/Study Release Program
I.
AUTHORITY
:
The Board of Correction is vested with the authority to
			 promulgate this Administrative Regulation by Act 50 of 1968, First
			 Extraordinary Session, as amended.
II.
PURPOSE
:
This Administrative Regulation establishes the policy by which
			 the Arkansas Department of Correction institutes the Work/Study Release
			 Program.
III.
APPLICABILITY
:
This Administrative Regulation applies to all employees and
			 inmates within the Department of Correction.
IV.
POLICY
:
To allow the orderly reintegration of selected inmates from a
			 prison environment back into communities through participation in a community
			 or unit/center Work/Study Release Program. Only inmates who meet the
			 eligibility criteria for Work/Study Release may be considered for placement in
			 a Work/Study Release Program.
V.
PROCEDURES
:
The Department, has been authorized to establish Work/Study
			 Release Programs pursuant to Arkansas Codes 12-30-4 01, 403, 405-408. In
			 accordance with the Legislative mandate, 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. Persons
		  convicted of a capital offense, first degree murder, rape, kidnapping, or who
		  have been convicted for a second or subsequent offense of aggravated robbery,
		  or who are serving a life sentence, or who are under sentence to be executed,
		  are not eligible to participate in this program. (Act 399 of 1979)
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 offense will not be eligible for Work/Study
		  Release.
4. Inmates convicted of a
		  felony escape are not eligible for Work/Study Release.
B. Eligibility for Work/Study Release
		  Program:
1. The inmate must be eligible for
		  minimum security status.
2. An
		  inmate should have no more than thirty months until release or parole
		  eligibility.
3. An inmate should
		  have had no major disciplinary infractions for a period of not less than three
		  months immediately prior to application. The Warden/Center Supervisor, 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 may be
		  transferred to a Work/Study Release Program.
4. An eligible inmate must exhibit a current
		  medical classification commensurate with expected work assignment. This
		  classification will be reviewed by the transferring unit/center medical
		  authority prior to final approval for Work/Study Release eligibility. The
		  Warden/Center Supervisor shall ensure that the medical authority is made
		  knowledgeable of the type of work program the inmate is to participate in for
		  any applicable medical related considerations. No inmate will be allowed to
		  participate in a Work/Study Release Program if such participation requires
		  physical capabilities beyond that which could have been routinely assigned at a
		  unit/center.
5. Inmates engaged in
		  the Study Release Program must have sufficient time remaining on his/her
		  sentence to complete one semester of study or satisfactory proof be furnished
		  to the Department that he/she will complete the semester work.
6. Priority will be given to inmates
		  returning to the geographical region served by a Work/Study Release
		  unit/center.
C.
		  Application Process:
1. Eligible inmates are
		  to submit a "Work/Study Release Application" form to the Classification Officer
		  and/or Work Release Warden/Center Supervisor (see Attachment I). If the
		  applicant meets the criteria for eligibility, the Classification Committee will
		  consider the application and forward its recommendation to the Warden/Center
		  Supervisor. The decision of the Classification Committee must be unanimous
		  before a favorable recommendation is forwarded to the Warden/Center
		  Supervisor.
2. Applicants who do
		  not meet the eligibility criteria will be informed in writing by the
		  Classification Officer and/or Work Release Warden/Center Supervisor, and a copy
		  will be placed in the inmate's institutional file.
3. No application for a Work/Study Program
		  will be favorably recommended by the Classification Committee unless the
		  Committee 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.
4. Each inmate favorably recommended for
		  transfer to a Work/Study Release Program will receive a medical, mental health,
		  and work supervisor's evaluation that will be forwarded to the Unit
		  Classification Committee for consideration prior to final approval.
5. Work Release Wardens/Center Supervisors
		  will have final approval of all Work/Study Release Program
		  applicants.
D. Rules of
		  the Work/Study Release Program:
1. Inmates
		  participating in the Work/Study Release Program shall not:
a. Leave the State of Arkansas for any
		  purpose or under any circumstances.
b. Leave the county to which he/she was
		  assigned without the written consent of the Warden/Center Supervisor of the
		  facility where the inmate is assigned.
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 beverages are the major item sold or consumed, except
		  under supervision as part of the overall program (example: ballgame, wrestling
		  match, or sports activity).
e.
		  Violate any Federal, State, County or Municipal laws .
f. Operate any motor vehicle without written
		  consent of the Warden/Center Supervisor of the facility to which the inmate is
		  assigned. 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 provided by the Department of Correction or by the employer upon
		  written approval of the Work Release Warden/Center Supervisor.
3. Inmates selected to participate in
		  Work/Study Release will agree to participate in self-improvement programs at
		  the Work Release Center - Basic Education, GED, etc.
4. The inmates shall obey all Department of
		  Correction rules and regulations.
5. Inmates participating in the Work/Study
		  Release Program will be required to sign an Agreement to Return Form.
E. Employment and Earnings of
		  Inmates:
1. If a Work/Study Release inmate is
		  terminated from employment through no fault of his/her own, officials of the
		  Work/Study Release Program will immediately assign the inmate to an
		  institutional job. During this period of reassignment, which shall be no longer
		  than fifteen consecutive days (excluding holidays), every effort will be made
		  by the Department of Correction and the inmate to regain employment. If, at the
		  end of this fifteen day reassignment period, employment has not been found, the
		  supervisor of the Work/Study Release Program may administratively transfer this
		  individual to an existing job assignment at the unit/center or transfer him/her
		  back to the parent unit/center.
2.
		  If an inmate is terminated for just cause, he/she will be dropped from the
		  program and transferred back to his/her parent unit/center.
3. If an inmate wishes to terminate his/her
		  employment, he/she may do so after obtaining approval of the Work/Study Release
		  Warden/Center Supervisor who ensures the employer is notified.
4. The inmate may be awarded a program change
		  if the supervisor feels it is in the best interest of the inmate, the
		  Department of Correction, or his/her employer.
5. Earnings by the inmate shall be paid by
		  check directly to the Department and to the inmate.
6. The Department shall retain an amount to
		  be established by the Director which will be used to compensate the Department
		  for the cost of maintaining Work/Study Release inmates.
7. If the inmate has persons dependent upon
		  him/her for support, the inmate shall be required to remit to such persons a
		  minimum of one-third of his/her net income or that amount which may be required
		  by court order. Net income is defined as income after taxes and ADC rent. If
		  the inmate does not have any dependents the one-third should go into a savings
		  account.
8. The inmate will
		  normally be allowed to spend up to an amount equal to the approved weekly
		  commissary draw.
9. The remaining
		  balance of his/her earnings will be deposited to the inmate's ADC account. Any
		  disbursements out of this account must be approved by the
		  Warden/Center-Supervisor.
10. All
		  fund balances of an inmate's account will be released to the inmate upon parole
		  or termination of sentence.
11. The
		  inmate may provide his/her own clothing and items needed for work at his/her
		  expense.
F. Medical
		  Service:
1. The Department of Correction will
		  not be liable for medical services for those Work/Study Release inmates on
		  Furlough Status (AR 1200-A).
2.
		  Medical service charges not covered by Workman's Compensation or other forms of
		  insurance will be handled by the Department through its medical services
		  program.
3. In the event medical
		  treatment is required at work, the Warden/Center Supervisor and/or work
		  supervisor is/are to be notified immediately. Appropriate medical response
		  measures will be initiated following notification.
4. An inmate who procures medical treatment
		  while engaged in a working capacity, without consulting or advising Department
		  staff, will be responsible for such incurred costs. Disciplinary action will
		  follow and may result in program expulsion.
G. Legal Services:
1. Inmates in need of legal services may
		  contact the Inmate Attorney assigned to the unit/center or may obtain legal
		  services through those monies earned on Work/Study Release. The inmate may be
		  transferred to a unit/center where a complete law library is available.
Board of Correction Approval Date: 12/11/90
Attorney General Review Date: 12/11/90
Date Filed Secy, of State: 12/12/90
Supersedes: AR 1200
Dated: 5/23/85