Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.14-001 - Transitional Housing Program (2014)

Current through Register Vol. 49, No. 6, June, 2024
ACC AR
		  7.8
TRANSITIONAL HOUSING PROGRAM
I.
AUTHORITY.
The Board of
		  Corrections (BOC) is vested with the authority to promulgate this
		  administrative regulation by Arkansas law sections
		  12-27-105,
		  16-93-211,
		  16-93-1203,
		  16-93-1205,
		  16-93-1601
		  through
		  16-93-1605 and
		  25-15-217.
II.
APPLICABILITY.
This policy
		  applies to Arkansas Community Correction (ACC) employees, offenders, applicants
		  for and recipients of a Transitional Housing Facility license, owners,
		  operators, and staff members of licensed Transitional Housing
		  Facilities.
III.
POLICY.
It is BOC policy that facilities and programs that provide
		  transitional housing services to ACC offenders meet or exceed licensing
		  requirements to ensure a structured, positive, affordable, and safe environment
		  for remanded offenders, to reduce recidivism, to encourage employment and
		  treatment, to provide public safety, and to maintain the principles of evidence
		  based practices.
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.
Request for Qualifications.
The contract supplied by
			 the Office of State Procurement that allows a licensed Transitional Housing
			 Facility to bill the state for limited reimbursement for housing remanded
			 offenders at their facility.
Transitional Housing Coordinator.
The individual
			 assigned to monitor Transitional Housing Facilities; to lead the enforcement of
			 policy, procedure, practice and contract stipulations; to monitor offender
			 placement in facilities; to lead the License Review Teams; to report concerns
			 and violations to the proper authority, and to serve as the liaison between the
			 facility and ACC.
V.
LICENSING.
A.
Licensing
		  Authority.
The ACC Director is the authority for licensing Transitional
		  programs and/or facilities. Geographical limitations shall not be the 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. The application fee will be as established by the Board
		  of Correction. ACC will make fee amounts and changes available to transitional
		  housing licensing applicants and current licensees. All fees are non-refundable
		  regardless of the licensure decision.
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 or who has current, pending felony charges. Ex-offenders must provide
			 proof of discharge of the felony sentence.
Licensing and renewals shall be for twelve (12) months following
			 issuance with provisions for renewal as specified in the Request for
			 Qualifications.
Only ACC licensed facilities or programs will be used to house
			 offenders while receiving transition services.
Licenses will be issued only for the premises and persons
			 specified in the application and are not transferable.
All licensed facilities must have 24 hour access by assigned
			 offenders and must have a staff member /housing manager present at all
			 times.
Licenses issued pursuant to this regulation shall become
			 effective immediately upon issuance and shall remain in effect for twelve
			 months, except when an unresolved noncompliance is cited by ACC resulting in
			 revocation or suspension of the license.
Applicants for licensing will be notified in writing of the
			 licensing decision and specific requirements, if any, that were not met.
ACC does not guarantee placement of offenders at a transitional
			 housing facility regardless of the granting of a license or a contract.
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.
3.
		  Compliance with any local zoning ordinances.
4. Compliance with allowable ratio of
		  transitional housing facility square footage to residents.
5. Compliance with any law regarding
		  transitional housing.
6. Compliance
		  with allowable ratio of bathing facilities and restroom facilities to
		  residents.
7. Maintain separate
		  sleeping and bathing rooms for males and females.
8. Meet the procedural guidelines and
		  requirements established by ACC in an administrative directive for Transitional
		  Housing Licensing.
9. Meet the ACC
		  Minimum Standards for licensure or renewal.
VI.
GUIDELINES.
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 education or as
			 otherwise established by written policy. Compliance with Arkansas Law
			 16-93-211
			 of 2014, Early Release to Transitional Housing Facilities must be
			 maintained.
Supervision.
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.
VII.
SANCTIONS.
Non-Licensed Facility Penalty.
If a facility is
			 housing offenders without a license, ACC will impose civil penalties not to
			 exceed $500 per day for each day the violation continues. In addition,
			 alternative sanctions may be imposed pursuant to law (Arkansas Law, section
			 16-93-1603
			 and section
			 25-15-217
			 ).
Non-Compliance.
The Transitional Housing
			 Coordinator, for due cause, may recommend to the Director that a facility
			 should be sanctioned for non-compliance. The Director of ACC or their designee,
			 may impose specific penalties to a facility that remains noncompliant with
			 policy, procedures, and protocols after sufficient instruction and/or deadlines
			 for compliance have gone unresolved. These penalties may include, but are not
			 limited to, suspension of the admission of any further offenders until the
			 issues are resolved; the suspension of transitional housing funds due to the
			 facility until the issues are resolved; the revocation of the transitional
			 housing facility license after due process.
Denial of Application.
The Transitional Housing
			 Coordinator, for due cause, may recommend to the Director that an application
			 for licensure should be denied. The Transitional Housing Coordinator may hold
			 the application in abeyance until the issues are resolved. Applicants whose
			 licenses are denied may avail themselves of the procedures outlined in the
			 following paragraph.
Hearing Process.
The facility whose license has been denied or has received notice
			 of sanction shall be entitled to a hearing before the Agency Director or
			 designee. A time and place for the hearing shall be fixed by the board and held
			 in the State of Arkansas.
A copy of the reason for sanction or denial, together with the
			 notice of the time and place of hearing, shall be considered as legally served
			 by the board when sent to the last known address of the licensee or applicant
			 by certified mail at least ten (10) days before the date fixed for the hearing.
			 In the event that such service cannot be effected ten (10) days before the
			 hearing, then the date of hearing and determination shall be postponed as may
			 be necessary to permit the carrying out of this condition.
At the hearing the licensee or applicant shall have the right to
			 appear personally and by counsel and to cross-examine witnesses and to submit
			 evidence in the contractor's behalf and defense.
If after the hearing the agency Director or designee finds the
			 facts as alleged and of such character as to sanction the facility or deny the
			 application, then the agency shall deny the application or sanction the
			 facility as provided for in this regulation. In that event no refund shall be
			 made of the application fee.
Within its discretion and upon proper application or hearing, the
			 agency may reissue a license to any contractor whose license has been
			 revoked.
VIII.
FINANCIAL REQUIREMENTS.
The facility may not charge the offender any costs or fees above
			 those allowed in the Administrative Directive on Transitional Housing Facility
			 License and the Request for Qualifications from the Office of State
			 Procurement.
The initial application fee is $250.00. The renewal application
			 fee is $100.
Board Approval Date: 5/13/2015
Reference: Sec. of State 159.
Effective Date:
			 10/20/2015