Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-002 - Meritorious Good Time

Current through Register Vol. 49, No. 6, June, 2024
826
		  Meritorious Good Time
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 Administrative Regulation is confirmed in Act 50 of 1968, First Extraordinary
			 Session; Act 510 of 1971, Regular Session; Act 273 of 1987, Regular Session;
			 Act 626 of 1987, Regular Session; Act 506 of 1987, Regular Session; and Act 429
			 of 1989, Regular Session.
II.
PURPOSE
:
To ensure a uniform method of awarding meritorious good time
			 pursuant to the provisions of the Arkansas Codes.
III.
APPLICABILITY
:
To departmental staff, all inmates and parolees.
IV.
POLICY
:
It shall be the policy of the Department of Correction to award
			 inmates and parolees meritorious good time as a result of good behavior, good
			 work habits, appearance, overall adjustment and participation in
			 self-improvement programs.
V.
PROCEDURES
:
Meritorious good time is the reduction of an inmate's sentence
			 and parole eligibility date on the basis of good discipline, good behavior,
			 work practices and job responsibilities while under the control and supervision
			 of the Arkansas Department of Correction. This reduction can be up to thirty
			 days for each month. Meritorious good time is not something to which an inmate
			 is entitled as a matter of right, but is awarded in proportion to his good
			 discipline, good behavior, work practices and job responsibilities.
No inmate may be awarded any meritorious good time while located
			 in punitive isolation as a result of disciplinary action.
A. Class Status
Meritorious good time may be awarded and credited according to
			 which of the four classes an inmate is assigned as set forth in the provisions
			 of the Arkansas Codes, Administrative Regulation(s) and Administrative
			 Directive(s).
The Classes with corresponding meritorious good time are as
			 follows:
1.
Class
		  I
: An inmate in this class may receive a total of thirty days
		  reduction of sentence for each month served on his/her sentence as long as
		  he/she maintains a good conduct record, an outstanding work record and
		  exceptional institutional adjustment. This good time is intended for inmates
		  who are assigned to very responsible jobs or inmates who are performing any job
		  tasks which require the highest degree of discipline, behavior and
		  responsibility. There are three types of trusties in the institution under
		  Class I good time (I-A, I-B and I-C). The Classification Committee will make
		  class determinations.
a.
Class
		  I-A
: This inmate, approved by the Classification Committee and by
		  the Warden/Center Supervisor, may work outside the compound without being under
		  armed supervision. Supervision generally required of this type of trusty would
		  be a check once in the morning and once in the afternoon by an
		  employee.
b.
Class
		  I-B
: This inmate may also work outside the compound without being
		  under armed supervision. He/She will, however, be under the general supervision
		  of an employee at all times.
c.
Class I-C
: This inmate cannot be considered for
		  minimum security type assignments outside the compound but, nevertheless, is
		  assigned a responsible job in or out of the building. This inmate will be under
		  armed supervision if taken from the compound.
Inmates who have appeared before and been approved for parole by
			 the Arkansas Board of Parole and Community Rehabilitation automatically become
			 Class I-C (unless they are already in Class I-B or I-A) until their actual
			 release at which time they are placed in I-P status.
d.
Class I-P
:
		  Inmates who are released on parole.
Inmates currently on parole may be placed in meritorious good
			 time status pursuant to the appropriate Administrative Directive.
2.
Class
		  II
: An inmate in Class II status may receive a total of twenty
		  days reduction of sentence for each month served on his/her sentence. After an
		  inmate's initial classification and assignment, he/she will be automatically
		  placed in Class II, unless he/she receives disciplinary action. A parolee may
		  be reduced to this class by the Parole Hearing Examiner.
3.
Class III
: An
		  inmate in this class may receive a total of eight days reduction of sentence
		  for each month served on his/her sentence. The class is set aside for new
		  inmates in their first fifteen days at the institution. It is also set aside
		  for those inmates who, for one reason or another, have been unable to maintain
		  the type of institutional adjustment necessary to remain Class II inmates. The
		  Disciplinary Hearing Officer makes the determination whenever it is necessary
		  to demote an inmate in class. A parolee may be reduced to this class by the
		  Parole Hearing Examiner.
4.
Class IV
: Inmates in this class receive no extra days
		  reduction of sentence for each month served on his/her sentence. This class is
		  generally referred to as "flat time" or "day-for-day." It is for those inmates
		  who seriously violate the rules and regulations of the Department. The
		  Disciplinary Hearing Officer is the recommending authority for placing inmates
		  in this category. No inmate sentenced to or received by the Department of
		  Correction prior to March 30, 1971, shall be reduced to Class IV except while
		  confined to punitive isolation. Class IV includes all inmates assigned to the
		  punitive isolation area for disciplinary purposes, inmates who are on escape
		  status or serving dead time, inmates who have been reduced to this class as a
		  result of disciplinary action, or parolees reduced to this class by ruling of
		  the Parole Hearing Examiner.
Inmates sentenced with other than a definite number of years
			 (i.e., Life) may be credited with good time which may be awarded upon a
			 commutation to a term of years. Inmates serving Life without Parole cannot be
			 awarded good time.
B. Reduction in Class Status
Upon recommendation of the Disciplinary Hearing Officer, an
			 inmate may be reduced one or more classes as a result of disciplinary action.
			 An inmate may be reassigned or demoted to the Class II status by the Unit
			 Classification Committee. Such an administrative reduction may be made upon the
			 recommendation of the inmate's supervisor or other reports that might be filed.
			 If this administrative action is taken, the inmate shall be afforded a hearing
			 before the Unit Classification Committee at which time the inmate may explain
			 why such action should not be taken. Any administrative reduction will be
			 without prejudice.
C.
		  Awards of Additional Meritorious Good Time
1.
		  Act 626 of 1987
The Department of Correction shall solicit the recommendation of
			 the sheriff(s) of the county where the inmate was housed prior to incarceration
			 within the Department of Correction. Pursuant to Act 626 of 1987, Regular
			 Session, meritorious good time may only be given for being housed in a jail
			 awaiting transfer on the conviction resulting in sentence(s) from that county.
			 Meritorious good time will be calculated upon reception within the Department
			 in accordance with the appropriate Administrative Directive.
2. Act 273 of 1987
Under the provisions of Arkansas Codes, Act 273 of 1987 Regular
			 Session, as amended, an inmate may be awarded up to ninety days of additional
			 meritorious good time per incarceration (not accumulative) based on the
			 following schedule:
Requirements
Additional MGT Awarded
* Successful completion of G.E.D. Program
Up to 60 days MGT
* Successful completion of SATP Program
Up to 60 days MGT
* Successful completion of a Vo-Tech Program or any
						program for which an inmate may receive vo-tech training
						certification
Up to 60 days MGT
* Successful completion of a college course
Up to 20 days MGT per course
* Maintain I-A status continuously for twelve months. If
						an inmate does not have twelve months remaining on his/her sentence then the
						award may be given after a period of at least - six months
Up to 90 days MGT
(The starred (*) activities may be completed in a county jail or
			 in the community while on bond, by participating in programs which are operated
			 with funds from and/or accredited by the appropriate state regulatory agency.
			 Other programs must be certified in advance, by direct action of the Board of
			 Correction.)
Maintain I-B status continuously for twelve
						months
Up to 60 days MGT
Maintain I-C status on specialized job for twelve months
						(specialized job such as head cook, bookkeeper, etc.)
Up to 60 days MGT
Inmate who does not qualify for other programs, but who
						receives meritorious good time and has. a good work record, attitude and
						appearance record, if the receipt of meritorious good time would aid him/her in
						early release to participate in family assistance and/or further
						education
Up to 60 days MGT
An act performed without solicitation, and the inmate's
						performance averts serious threat to security, tragedy or loss of limb or
						property
Up to 60 days MGT
Heroic act(s) performed without solicitation defined as
						an act(s) that directly resulted in a saving of a life or lives
Up to 9 0 days MGT
For any of the above awards, an inmate must be in at least Class
			 II status and must be recommended by the Classification Committee to the
			 Director. The Director will approve or deny the recommendation. Copies of the
			 application(s) denied by the Director will be forwarded to the Board of
			 Correction.
IN NO CASE CAN THE TOTAL AWARD OF ADDITIONAL/ MERITORIOUS GOOD
			 TIME EXCEED NINETY DAYS MGT PER INCARCERATION.
The effective date to begin calculation of the awarding up to
			 ninety days meritorious good time per Act 273 of the 1987 Regular Session will
			 be March 17, 1987.
D. Forfeiture and Restoration of Meritorious
		  Good Time
1. When an inmate is convicted of a
		  violation of institutional rules by the Disciplinary Hearing Officer,
		  meritorious good time may be taken in accordance with the allowable range of
		  sanctions as provided in AR 831.
2.
		  No disciplinary action shall be taken that will take away more meritorious good
		  time than an inmate has earned to that date or allowed by Arkansas
		  Code(s).
3. Any inmate who is
		  awarded meritorious good time, who has lost meritorious good time already
		  awarded, allowed and credited on the sentence he/she is currently serving, such
		  loss having been the result of a violation of institutional rules and
		  regulations, may have such meritorious good time restored by the Director upon
		  the recommendation of the Classification Committee and the warden/supervisor,
		  only after it is determined that the good time is allowed under present
		  sentencing guidelines.
E. Act 429 of 1989 Regular Session -
		  Meritorious Good Time earned While Awaiting Transfer
Any person who has been arraigned on a felony charge and is in
			 jail or on bond awaiting disposition of charges or who has been sentenced to
			 the Arkansas Department of Correction and is in jail awaiting transfer, may
			 earn meritorious good time by completing G.E.D. requirements, a
			 vocational-technical program, a college course, or a residential treatment
			 program for substance abuse. An inmate may be credited for meritorious good
			 time only after they have been received by the Arkansas Department of
			 Correction. In order to receive credit, certification of completion of the
			 activity must be received by the Administrator of Classification directly from
			 the authority of the issuing agency or program. It is the responsibility of the
			 inmate to request and authorize said certification to be furnished to the
			 Arkansas Department of Correction.
The effective date to begin calculation of awarding meritorious
			 good time per Act 429 of 1989 will be March 9, 1989.
Board of Correction Approval Date: 01/22/91
Attorney General Review Date: 01/22/91
Date Filed Secy, of State: 01/24/91
Supersedes: AR 826 (EMERG.)
Dated: 12/11/90