Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.11-002 - Electronic Monitoring After 120 Days Served (Co-filed with Dept of Correction)

Current through Register Vol. 49, No. 6, June, 2024
DCC
		  7.12
ADC 1317
ELECTRONIC MONITORING AFTER 120 DAYS SERVED
I.
AUTHORITY.
The Board of
		  Corrections is vested with the authority to promulgate this administrative
		  regulation by Ark. Code Ann. §§
								12-27-105,
		  16-93-1203
		  and
		  16-93-1205.
II.
POLICY.
It shall be the
		  policy of the Department of Correction (ADC) to implement a process and/or
		  procedures for identifying and certifying (to the Parole Board) eligible ADC
		  inmates to be considered for-release to electronic monitoring (EM) after
		  serving 120 days of a sentence.
III.
APPLICABILITY.
This policy
		  applies to ADC and DCC employees and ADC inmates.
IV.
GUIDELINES.
A.
Eligibility Criteria.
Community Correction Center residents are not eligible for EM 120; release. An
		  inmate serving a sentence in the ADC may be approved for EM 120 release if the
1. offense for which the offender is
		  incarcerated was committed on or after July 27, 2011.
2. sentence was not the result of a jury or
		  bench verdict;
3. inmate has served
		  one hundred twenty (120) days of his/her sentence;
4. inmate has an approved parole
		  plan;
5. inmate was sentenced from
		  a cell in the sentencing guidelines that does not include incarceration in the
		  presumptive range;
6. conviction is
		  for a Class C or D felony;
7.
		  conviction is not for a crime of violence, regardless of felony
		  level;
8. conviction is not for a
		  sex offense, regardless of felony level;
9. conviction is not for manufacturing
		  methamphetamine, §
										5-64-423(a)
		  or the former §
										5-64-401;
10. conviction is not for possession of drug
		  paraphernalia with the purpose to manufacture methamphetamine, §
										5-64-443, if
		  the conviction is a Class C felony or higher;
11. conviction is not a crime involving the
		  threat of violence or bodily harm;
12. conviction is not for a crime that
		  resulted in a death;
13. inmate has
		  not previously failed a drug court program;
14. inmate has not been transferred from the
		  Dept. of Community Correction (DCC) to ADC as a result of disciplinary action;
		  and,
15. inmate does not have an
		  active detainer.
B.
Notice.
The ADC Director will provide notice to the Parole Board
		  of eligible inmates for EM-120 release and subsequent notice to the
		  Institutional Release Office if approved for such release.
C.
Supervision.
Offenders
		  approved for EM-120 release will be supervised by DCC through electronic
		  monitoring (home detention) until the offender's transfer eligibility date or
		  for at least ninety (90) days of full compliance by the offender, whichever is
		  sooner. Home detention will be tailored and defined by the parole/probation
		  supervision officer for each program participant (e.g. curfew, authorized for
		  school/work, practice religion). The term of electronic monitoring shall not
		  exceed the maximum number of years of imprisonment or supervision to which the
		  offender could be sentenced.
D.
Funding for Services.
Eligible offenders will pay the cost of
		  their electronic monitoring service and associated equipment directly to the EM
		  company providing the service. DCC is authorized to use all types of electronic
		  monitoring devices for monitoring the presence of an offender in his/her home
		  in a manner consistent with the law.
E.
Discharge Credit
An eligible
		  offender approved for EM-120 release may earn discharge credits against his/her
		  sentence.
Board Approval Date: 11/29/2011
Reference:
Effective Date: 1/31/2013