Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.05-001 - AR 7.8 - Transitional Living Program Licensure

Current through Register Vol. 49, No. 6, June, 2024
AR 7.8
TRANSITIONAL HOUSING FACILITY
		  LICENSE
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 Act 678 of 2005.
II.
APPLICABILITY.
This policy applies to Department of Community
		  Correction (DCC) employees.
III.
POLICY.
It is BOC policy that transitional housing facilities and
		  programs that provide services to DCC offenders meet the licensing standards
		  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
A.
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.
B.
License.
Arkansas Transitional Housing Facility License
C.
Applicant.
Any individual,
		  business, or organization that has applied to receive an Arkansas Transitional
		  Housing Facility License.
V.
GUIDELINES
A.
General
1. Only DCC licensed transitional housing
		  facilities or programs will be approved for offenders to reside while receiving
		  transition services.
2. DCC Staff
		  shall develop and implement the necessary applications, forms, and onsite
		  observation, monitoring tools and processes for obtaining sufficient
		  information to make licensure and renewal decisions consistent with the
		  requirements established by this regulation.
3. The application and required supporting
		  documentation shall be deemed a part of the official application. An
		  application is not complete without the documents required in this
		  policy.
4. Applications, forms, and
		  other licensing materials shall be maintained in the local offices to provide
		  to applicants upon request.
5.
		  Entities must fully complete and submit applications for licensing and all
		  requested documentation to the appropriate Area Manager for processing through
		  the supervisory chain.
6. The
		  Deputy Director of Parole/Probation (P/P) Services must ensure the
		  establishment of Transitional Housing Review Teams (THRTs) for each area which
		  shall conduct reviews of licensing applications and documents, perform onsite
		  visits or inspections (initial and periodic, announced and unannounced), and
		  make objective recommendations to the DCC Licensure Review Committee (LRC)
		  established by the DCC Director. Each THRT must consist of an Assistant
		  Director of P/P Services, Area Manager of P/P Treatment Services, 2 local P/P
		  officers and 1 Substance Abuse Program Leader. THRT recommendations shall be
		  based upon the entity meeting requirements of this policy and review of
		  investigation reports of any known critical incidents concerning DCC
		  offenders.
7. Applicants for
		  licensing will be notified in writing of the LRC's action taken and specific
		  requirements, if any, that were not met. Entities may appeal LRC actions to the
		  DCC Director, whose decision is binding.
8. The licensing fee will be as established
		  by the BOC. DCC shall provide notice to transitional housing licensing
		  applicants and current licensees when fees change. All fees are nonrefundable
		  regardless of the licensure decision.
9. Applicants with an Alcohol and Drug Abuse
		  Prevention (ADAP) licensed treatment program will automatically be approved for
		  licensing as long as the ADAP license requirements meet or exceed the DCC
		  requirements contained in this policy.
10. Area Managers will ensure the assignment
		  of a local P/P officer (or more as needed) to manage cases assigned to the
		  transitional housing program and coordinate with facility staff as
		  necessary.
11. DCC and transitional
		  housing staff will notify each other of any positive drug/alcohol test result
		  as soon as possible. DCC shall also develop and implement procedures for
		  investigating complaints of transitional housing facilities being non-compliant
		  with rules, policies, laws and regulations.
12. 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.
13.
		  Licensing and renewals shall be for twelve (12) months following
		  issuance.
B.
Licensure Requirements.
The authority to provide transitional
		  housing for DCC offenders is subsequent to favorable LRC action and provision
		  of documentation of 100% satisfaction of the following requirements and
		  standards:
1. The entity has submitted a
		  completed Arkansas Transitional Housing License Application and required
		  fee.
2. Proof of satisfactory
		  inspection (by authorized officials) concerning compliance with local, state
		  and federal health and safety codes (such as building, health, food service (as
		  appropriate), housing, fire, plumbing, electrical), and safety codes to operate
		  in the specific local jurisdiction property for use as a transitional housing
		  facility or program.
3.
		  Verification statement from the appropriate municipal entity confirming that
		  the applicant has the proper zoning for the proposed facility and type program.
		  Conditional or 'special use" permit for the property may be accepted for the
		  validation period.
4. Proof of
		  business license or documentation that the named facility or program has
		  non-profit 501C(3) status.
5. Proof
		  of adequate liability and premises insurance.
6. A complete itemized list of each fee
		  amount (one time and monthly) that will be assessed each offender residing in
		  the transitional housing facility (e.g. assessment, any deposits,
		  transportation, room and board, phone charges). At least 30 days notice is
		  given to offenders of any intended fee increase.
7. A complete itemized list of each possible
		  violation, fine and other charges, in dollar amounts, assessed each individual
		  offender. At least 30 days notice is given to offenders of any intended fee
		  increase.
8. If applicable, a price
		  list of items/products (toiletries and other necessities) that will be sold to
		  offenders residing in the transitional housing facility.
9. Space in sleeping rooms is adequate for
		  the number of occupants, and individual storage available for clothes and
		  personal items.
10. Telephone lines
		  are adequate to allow for electronic monitoring of offenders.
11. Copy of certifications by the Red Cross
		  or American Heart Association of First Aid and CPR for staff present at the
		  transitional housing facility.
12.
		  Evidence of appropriate curfews, house rules and enforcement of rules. All
		  house rules and curfews shall be posted in conspicuous places.
13. Daily activities are structured to
		  facilitate a safe and positive environment and facilitate positive change. To
		  remain in the facility, all offenders are required to attend weekly support
		  group meetings to decrease the risk of substance abuse relapse or violation of
		  release conditions.
14. There is
		  visible evidence (noticeable signs posted at entrances) that weapons (including
		  authorized concealed handguns) are prohibited, excluding law enforcement
		  officers or officials pursuing their lawful duties.
15. Facilities and vehicles used to transport
		  offenders are adequately equipped with first aid kits and fire suppression
		  equipment, with the legally required amount and type of insurance coverage for
		  each vehicle. And, there is proof of successful completion of appropriate
		  training on the use; and proof of annual safety inspections (by qualified
		  individuals) in accordance with state statutes for vehicles owned, leased or
		  used in the operation of the transitional housing program.
16. If the facility is a private residence,
		  it has a separate entrance to an exclusive service area for DCC residents.
17. The facility is clean and
		  presentable. Bedrooms and bathrooms for males and females are separate with
		  adequate barriers between them. Toilets, sinks, and showers are clean and
		  operable. The number of toilets, sinks, and showers is adequate for the number
		  of occupants.
18. Adequate laundry
		  facilities are on the premises or within a reasonable distance.
19. The facility has adequate onsite storage
		  (locked/secured rooms and/or file cabinets) for processing, handling and
		  maintaining offender records. All files and documents are easily accessible to
		  persons authorized by DCC policy.
20. Copy of the Disaster Plan including
		  evacuation procedures, documented drills, contingency plan for continued
		  treatment or programming in the event of a disaster.
21. General information is provided for the
		  proposed transitional housing facility, including the facility and
		  administrator's or director's name, telephone number, email (if applicable) and
		  physical address.
22. Any
		  information required by DCC to conduct criminal background investigation on
		  staff.
23. Written transitional
		  housing policies and procedures safeguarding confidential offender information
		  (especially concerning substance abuse, mental and personal health) from
		  unauthorized access and/or disclosure.
24. Offender records are uniform in format
		  and content, and are bound to prevent accidental loss. All entries are
		  chronologically listed, dated, and signed or initialed.
25. The transitional housing policy requires
		  that when disclosing offender information pursuant to a written consent to
		  disclose (release of information), written notice of prohibition of
		  re-disclosure is also provided. Policy also requires all such releases of
		  information to become a permanent part of the offender's record.
26. Transitional housing policy allows the
		  release of pertinent medical information to medical personnel providing care in
		  life-threatening situations and the offender's condition or situation precludes
		  the possibility of obtaining the offender's or administrator's written
		  authorization if obtaining such authorization would cause excessive delay in
		  delivering medical attention. In such cases, policy requires the person
		  releasing the information to document the details of what, when, to whom and
		  why the information was released and inform the offender of the
		  release.
27. Transitional housing
		  policy requires staff to respond to such requests as subpoenas, court orders,
		  search and arrest warrants.
28.
		  Transitional housing policy prohibits staff from authorizing weekend and other
		  travel or special passes to offenders; and that transitional housing staff
		  honor DCC travel passes and immediately report violations in travel
		  restrictions to DCC.
29.
		  Transitional housing policy requires transitional housing staff to make written
		  reports at least monthly of offender progress (positive and negative) to the
		  assigned supervision officer, unless the offender exhibits violent and
		  threatening behavior, endangering others, in which case, immediate notification
		  is appropriate.
30. Transitional
		  housing policy requires immediate DCC notification (upon awareness) of any
		  offender who has escaped or absconded from the facility. Also policy requires
		  prior notice (when possible) of any intentions to dismiss an offender from the
		  program facility.
31. Transitional
		  housing policy requires DCC, court or Parole Board authorization prior to
		  accepting DCC offenders into the transitional housing
		  facility/program.
32. Transitional
		  housing policy requires the assigned DCC officer to be contacted before
		  dismissing an offender from the transitional housing facility. Policy also
		  requires all incidents and/or rule infractions to be documented in the
		  offender's progress notes prior to any discharge action, unless the incident is
		  a life threatening or violent situation. Such violent situations warrant local
		  law enforcement and supervising officer contact.
33. Transitional housing resident rules allow
		  immediate dismissal for acts of violence (verbal/physical and destruction of
		  property), sexual assault and substance abuse.
34. Evidence that living quarters are
		  accessible to offenders 24 hours a day and that there is staff present during
		  structured activities.
35.
		  Transitional housing facilities are free of alcohol and controlled substances
		  as defined by law.
C.
Provisional License.
Service providers with approval (at issuance
		  of this regulation) to house DCC offenders will, upon submission of a completed
		  Application for an Arkansas Transitional Housing Facility License, receive a
		  provisional license that will be in effect until LRC review and licensing or
		  July 1, 2006, whichever comes first. Any provisional license in effect at the
		  time of issuance of a regular license will automatically expire on the date of
		  issuance of the license. All provisional licensing will expire July, 2006. No
		  other grandfather or provisional options will be available to businesses who do
		  not meet the licensing requirements of this regulation.
D.
Regular License.
Licenses
		  (other than provisional) issued pursuant to this regulation shall become
		  effective immediately upon issuance by the LRC or immediately following
		  expiration of an existing LRC issued license. Licenses shall remain in effect
		  for twelve months, except when an unresolved noncompliance is sited by DCC
		  subsequent to a monitoring review and revoked, rescinded or suspended by the
		  LRC.
VI.
PROCEDURES.
DCC staff shall develop implementation procedures to
		  communicate the placement and supervision process to staff and service
		  providers. Procedures shall be consistent with the requirements in this
		  regulation.
Board Approval Date: 07/22/05
Reference:
Act 678 of 2005
Secretary of State
Rule Code 159.00
Effective Date: 8/15/05