Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.15-002 - AR 894: Third Party Agreements to House ADC Inmates for Development

Current through Register Vol. 49, No. 6, June, 2024
894
Third
		  Party Agreements to House ADC Inmates for Development
I.
AUTHORITY
:
The Board of Correction is vested with the authority to
			 promulgate this Administrative Regulation by Ark. Code Ann. §
									12-27-105.
			 The Board of Correction has the authority to cooperate and contract with third
			 parties to provide and improve correctional operations and to house Department
			 of Correction inmates. Ark. Code Ann. §
									12-27-103(b)(14).
II.
PURPOSE
:
This Administrative Regulation establishes the policy by which
			 the Arkansas Department of Correction may recommend to the Board of Corrections
			 an agreement to cooperate with and contract with a third party for the
			 provision of correctional operations, including inmate housing.
III.
APPLICABILITY
:
This Administrative Regulation applies to the administration of
			 the Department of Correction.
IV.
POLICY
:
In order to address prison overcrowding in Arkansas, it is the
			 policy of the Board of Corrections to investigate and consider every
			 permissible housing alternative until prison population becomes
			 manageable.
IV.
PROCEDURES
:
1. The Department of Correction shall
		  explore, as needed, permissible alternatives for housing Department of
		  Correction inmates with the federal government, governmental agencies of
		  Arkansas and other states, political subdivisions of Arkansas and other states,
		  counties, regional correctional facilities, and private contractors. The
		  following shall be considered:
(a) Licensed
		  medical staff and access to prescribed medications must be available on-site,
		  and access to emergency medical treatment (including off-site) must be
		  available 24/7.
(b) Ability to
		  follow Department of Correction policies including Administrative Directives
		  concerning inmate grievances, inmate classification, inmate disciplinary
		  manual, religious services manual, healthcare policies, and to provide hygiene
		  and other necessary items.
(c)
		  Access to law library items specified by the Board's compliance attorney,
		  access to Arkansas courts, meals approved by a licensed dietician, and
		  specified Department of Correction personnel and members of the Board of
		  Corrections' right to inspect and visit without prior notice shall be required
		  in any agreement.
(d) Agreement
		  that any inmate shall be returned to the custody of the Arkansas Department of
		  Correction upon request.
2. The Department of Correction shall not
		  enter into any agreement with any third party to house Department of Correction
		  inmates without the prior review and approval of both the Board of Corrections
		  and the Governor of Arkansas.
3.
		  Any facility owned or leased by any third party for the purpose of housing
		  Department of Correction inmates shall comply with all constitutional standards
		  of the United States and the State of Arkansas.
4. The Department of Correction shall not
		  enter into any agreement with any third party to house Department of Correction
		  inmates unless the agreement provides for full compliance with any applicable
		  requirements of the Corrections Cooperative Endeavors and Private Management
		  Act, Ark. Code Ann. §
									§
									12-50-101
		  through 111.
VI.
REFERENCE
:
Ark. Code Ann. §
									12-27-103.
Ark. Code Ann. §
									12-50-101 -111.
Board Approval Date: 11-23-2015
Reference: Ark. Code Ann. §
									12-27-103
			 and Ark. Code Ann. §
									12-50-101
			 -111
Effective Date: 12-03-2015
Supersedes: N/A
Dated: 11-23-2015