Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-009 - Temporary Release - Emergency Furloughs

Current through Register Vol. 49, No. 6, June, 2024
813 Temporary Release - Emergency Furloughs
I.
AUTHORITY
:
The authority of the Department of Correction to promulgate this
			 Administrative Regulation is vested in Act 50 of 1968, First Extraordinary
			 Session, as amended.
II.
PURPOSE
:
The purpose of this regulation is to provide for the orderly,
			 temporary release of inmates in cases of critical illness and/or death of an
			 immediate family member and for other purposes as stated herein.
III.
APPLICABILITY
:
To all employees and inmates.
IV.
DEFINITIONS
:
A.
Emergency
		  Furlough
- The temporary release of an inmate due to the critical
		  illness and/or death of an immediate family member.
B.
Immediate Family
- Defined to consist of the inmate's father, mother, sisters, brothers, spouse,
		  children, and may include other relatives (i.e., grandparents, aunts, uncles,
		  mother-in-laws, father-in-laws) whose relationship with the inmate has been
		  verified as that of a parent/guardian and has existed over an extended period
		  of time.
C.
Critical
		  Illness
- Any illness from which the relative may not survive
		  under normal circumstances and/or from which death is imminent within a matter
		  of days.
V.
POLICY
:
The Department of Correction may permit the emergency furlough of
			 inmates in such cases as the critical illness and/or death of a member of the
			 inmate's immediate family. The warden/center supervisor may determine it
			 appropriate that an emergency furlough be granted. If an emergency furlough is
			 granted due to a critical illness and the family member subsequently dies, a
			 second furlough may be granted for the inmate to attend the funeral. Cases of
			 critical illness must be confirmed to the warden/center supervisor or his or
			 her designee by the ill relative's attending physician.
Class I-A and I-B inmates who cannot otherwise obtain employment
			 may be temporarily released, for a pre-determined, fixed amount of time, to
			 attend job interviews. This type release must be approved by the unit
			 warden/center supervisor.
VI.
PROCEDURES
:
A. Inmates Under Sentence of Death, Life
		  Without Parole, or Life
An inmate who is serving a sentence of Death, Life Without Parole
			 or Life may be permitted an emergency furlough only in the event of the
			 critical illness and/or death of a member of his or her immediate family. In
			 such cases, the inmate may be permitted a two hour visit with the critically
			 ill patient and/or to attend the funeral of the deceased family member. All
			 inmates serving a sentence of Death, Life Without Parole, or Life must have the
			 approval of the Director.
B. Inmates in Class I-A and I-B Status
Inmates in Class I-A and I-B may be released on emergency
			 furloughs for such occasions as the critical illness and/or death of a member
			 of the inmate's immediate family. Such emergency furloughs shall not exceed
			 three days in duration and may be granted by the unit warden/center
			 supervisor.
C. Inmates in
		  Other Class Status
All other inmates except those having achieved Class I-A and I-B
			 may be released on an emergency furlough for such occasions as the critical
			 illness and/or death of a member of the inmate's immediate family. The
			 emergency furlough shall not exceed forty-eight hours in duration and may be
			 granted by the unit warden/center supervisor.
D. Procedural Requirements
1. In all cases, the unit warden/center
		  supervisor or his or her designee shall be satisfied that the inmate to whom an
		  emergency furlough is granted:
a. does not
		  presently have an abnormal, uncontrollable propensity for violence;
b. does not constitute a security
		  risk;
c. is capable of abiding by
		  the terms and conditions of such a furlough; and
d. will not be endangered or endanger another
		  person by such a release.
2. Inmates other than Class I-A or I-B may be
		  granted emergency furloughs and will be released only to the custody of a
		  certified Arkansas law enforcement official, who will be responsible for the
		  signing out, transportation, supervision, custody and arrangements for housing
		  in the jail, if necessary, and delivery.
3. Class I-A or I-B inmates may be released
		  to a family member's friend or individual who will be responsible for the
		  inmate while on emergency furlough.
4. The unit warden/center supervisor or his
		  or her designee shall notify the sheriff of the county, by telephone, as to the
		  nature of the emergency and other pertinent facts. The county sheriff must
		  approve the emergency furlough before it is granted.
E. Terms and Conditions
1. All such emergency furloughs are subject
		  to the following terms and conditions:
a. the
		  inmate shall not leave the State of Arkansas for any reason;
b. the inmate shall not consume or have in
		  his or her possession alcoholic intoxicating beverages or illegal
		  drugs;
c. the inmate shall not
		  leave the county to which he or she has been released without the written
		  consent of the unit warden/center supervisor;
d. the inmate shall not operate any motor
		  vehicle of any kind;
e. the inmate
		  shall not violate any federal, state, county or municipal laws;
f. the inmate shall abide by the rules of the
		  Inmate Handbook and the policies and regulations of the Department of
		  Correction;
g. the unit
		  warden/center supervisor or designee shall notify the Administrator of Parole
		  Services or designee and the administrator/designee shall make the necessary
		  arrangements and instructions as deemed necessary;
h. any and all cost incurred by an inmate
		  while on emergency furlough will be the responsibility of the inmate and/or
		  family.
2. Any inmate
		  who violates the terms and/or conditions of his or her emergency furlough shall
		  be deemed guilty of a major infraction of departmental rules and regulations.
		  Such a violation shall result in immediate termination of the furlough. The
		  inmate shall be returned to the unit/center forthwith, and he or she shall not
		  be eligible for another such furlough for any reason for a period of one year
		  following his or her return to the unit/center.
Any inmate who absconds from an emergency furlough or who fails
			 to return to the unit/center at the appointed time shall be deemed to have
			 escaped from the unit/center and shall be dealt with accordingly.
The Director may establish such procedures as may be necessary to
			 provide for the implementation of this Administrative Regulation.
Department of Correction employees are not permitted to escort or
			 transport inmates on emergency furlough.
Board of Correction Approval Date: 5/15/91
Attorney General Review Date: 5/15/91
Date Filed Secy, of State: 5/17/91
Supersedes: AR 813
Dated: 10/18/88