Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.06-003 - AR 7.8 - Changes to Transitional Housing Program

Current through Register Vol. 49, No. 6, June, 2024
AR 7.8
TRANSITIONAL HOUSING
		  PROGRAM
I.
AUTHORITY.
The
		  Board of Corrections (BOC) is vested with the authority to promulgate this
		  administrative regulation by Ark. Code Ann. §§
								12-27-105,
		  16-93-1203,
		  16-93-1205
		  and Acts 678 and 679 of 2005.
II.
APPLICABILITY.
This policy applies to Department of Community
		  Correction (DCC) employees, offenders, and applicants for transitional housing
		  licenses.
III.
POLICY.
It is BOC policy that facilities and programs that provide transitional housing
		  services to DCC offenders meet the licensing requirements established in this
		  policy to ensure a structured, positive, and safe environment for offenders
		  remanded for various transitional housing services and for the safety of the
		  community.
IV.
DEFINITIONS.
		  Transitional Housing.
Transitional housing is a program that provides
		  housing for one or more offenders who have either been transferred or paroled
		  from the Department of Correction by the Parole Board or placed on probation by
		  a circuit or district court. An offender's home or the residence of an
		  offender's family member shall not be considered a transitional housing
		  facility for purposes of this regulation.
V.
GUIDELINES
A.
General
1. The DCC Director is the authority for
		  licensing Transitional Housing programs and/or facilities. Geographical
		  limitations shall not be a sole factor of consideration in the licensing
		  decision. The Director shall ensure the development and implementation of the
		  necessary applications, forms, procedures and processes for obtaining
		  sufficient information to make licensure and renewal decisions consistent with
		  the requirements established by this regulation. Documentation supporting
		  applications shall be deemed a part of the official application.
2. Only DCC licensed facilities or programs
		  will be used to house offenders while receiving transition services.
3. Applicants for licensing will be notified
		  in writing of the licensing decision and specific requirements, if any, were
		  not met.
4. Applicants may appeal
		  the DCC Director's decision to the Board of Corrections, whose decision is
		  binding.
5. The licensing fee will
		  be as established by the BOC. DCC shall make fee amounts and changes available
		  to transitional housing licensing applicants and current licensees. All fees
		  are nonrefundable regardless of the licensure decision.
6. A program that provides housing for one
		  (1) or more offenders who either have been transferred or paroled from the ADC
		  by the Parole Board or placed on probation by a circuit court or district court
		  that is otherwise accredited or approved by an appropriate oversight body, as
		  determined by the DCC Director, and is in compliance with the minimum
		  requirements established in this policy shall automatically be issued a
		  Transitional Housing License, with a waiver of the application fee.
7. An Arkansas Transitional Housing Facility
		  License shall not be issued for a facility under the management, supervision,
		  oversight or ownership of a person currently under a sentence or probation
		  supervision for a felony offense. Ex-offenders must provide proof of discharge
		  of the felony sentence.
8.
		  Licensing and renewals shall be for twelve (12) months following
		  issuance.
B.
Transitional Housing Licensure Requirements.
1. Compliance with any local health and
		  safety codes, including housing codes, fire codes, plumbing codes, and
		  electrical codes, set by the jurisdiction(s) in which the transitional housing
		  facility is located;
2. Compliance
		  with any state and federal health and safety codes; and
3. Compliance with any local zoning
		  ordinances; and
4. Compliance with
		  allowable ratio of transitional housing facility square footage to residents;
		  and
5. Meet the allowable ratio of
		  bathing facilities and restroom facilities to residents.
6. Maintain separate sleeping and bathing
		  rooms for males and females.
7.
		  Meet the procedural guidelines and requirements established by DCC in an
		  administrative directive for Transitional Housing.
C.
Early Releases to Transitional
		  Housing.
Pursuant to Act 679 of 2005, Arkansas Department of Correction
		  (ADC) inmates who are within one year of their transfer eligibility dates may
		  be transferred early, by the Parole Board, to a licensed Transitional Housing
		  facility (THF). Offenders released under this Act shall remain in the THF until
		  released to parole or community supervision or revocation by the Parole Board.
		  Any failure to report to the THF by the time scheduled (pre-defined at intake)
		  will be deemed an escape and treated accordingly. An offender released under
		  this Act may be allowed in the community only for the purpose of work and/or
		  education or as otherwise established by written policy. The Deputy Director of
		  Parole/Probation Services must ensure supervision officers are assigned for the
		  period of residency at THFs. Procedures must be developed for the processing of
		  inmates eligible for this program.
D.
License.
Licenses issued
		  pursuant to this regulation shall become effective immediately upon issuance
		  and shall remain in effect for twelve months, except when an unresolved
		  non-compliance is cited by DCC resulting in revocation or suspension of the
		  license.
VI.
PROCEDURES.
The DCC Director shall ensure the development and
		  implementation of the necessary application, forms, procedures and processes
		  for obtaining sufficient information to make licensure and renewal decisions
		  consistent with the requirements established by this regulation. Documentation
		  supporting applications shall be deemed a part of the official application.
Board Approval Date: 9/6/06
Reference: Act 678 & 679 of 2005
Secretary of State Rule Code 159.00
Effective: 12/12/06