Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.97-002 - AR 1212 - Inmates Housed in county Jails and City Jails (Act 309)

Current through Register Vol. 49, No. 6, June, 2024
AR 12
Inmates
		  Housed in County Jails and City Jails (Act 309)
I.
AUTHORITY
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate this administrative regulation by Ark. Code Ann.
			 §
									§
									12-27-105,
			 Act 309 of 1983, Regular Session, as amended; Act 1112 of 1991, Regular
			 Session, as amended; and 532 of 1993, Regular Session, as amended; Acts 115 and
			 936 of 1997, Regular Session.
II.
PURPOSE
:
To establish regulations pursuant to Act 309 of 1983, as amended;
			 Act 1112 of 1991, as amended; and Act 532 of 1993, Regular Session, as amended;
			 Acts 115 and 936 of 1997, Regular Session; and to delineate the cooperative
			 agreement to be executed.
III.
APPLICABILITY:
To applicable staff of the Department of Correction to include
			 but not be limited to Director, Deputy/Assistant Director of Institutions,
			 staff involved in the approval process, county officials (sheriffs), city
			 officials (mayor or chief of police), and inmates.
IV.
POLICY:
It shall be the policy of the Board of Correction and Community
			 Punishment to allow the Director of the Department of Correction to sign
			 cooperative agreements between county officials, city officials and the
			 Department of Correction for the purpose of providing additional space for the
			 care and custody of State inmates on a temporary basis in State certified
			 intermediate term adult detention facilities operated by counties and
			 cities.
It shall be the responsibility of the county and the city to
			 ensure that assigned inmate(s) are not used to provide personal services for
			 private benefits, to act in a law enforcement capacity, nor supervise other
			 inmate(s). Inmates released under Act 309 In-Jail and Act 309-Work will not be
			 used to replace city, county, state or federal employees.
V.
DEFINITIONS:
Inmate(s) transferred to a county jail or city jail under Act 309
			 will be transferred under one of the following programs: 309 In-Jail or 309
			 Work.
A.
309
		  In-Jail:
Inmates who are incarcerated within the Arkansas
		  Department of Correction and have been accepted/requested by the county or
		  city. These inmates must remain in the county jail or city facility, and the
		  county or city will be reimbursed for housing these inmates.
B.
309 Work
: An
		  inmate released to the jurisdiction of the sheriff or chief of police who may,
		  upon approval of the Director be utilized by the county or city to work in and
		  around governmental property/projects while under supervision of the sheriff or
		  chief of police or designee. These inmates will be housed in the county or city
		  jail. The county or city will be reimbursed for these inmates. The county or
		  city will be responsible for-adequate medical care of these inmates as
		  described in the cooperative agreement between the Department of Correction and
		  the county or city jail.
VI.
PROCEDURES:
A. The Deputy/Assistant Director of
		  Institutions shall be responsible for ad ministering the program including
		  ascertaining and promoting the interest of the sheriff or chief of police in
		  the program and to ensure that an appropriate agreement is provided to all
		  interested sheriffs or chiefs of police.
B. A cooperative agreement will be executed
		  between the county or city and the Arkansas Department of Correction pursuant
		  to Act 309 of 1983, as amended; Act 1112 of 1991; and Act 532 of 1993, as
		  amended; Act 115 and 936 of 1997, regular session. Counties and cities
		  requesting contracts for the first time or who do not currently have a contract
		  must be approved by the Board of Correction and Community Punishment prior to
		  entering into contract for participation in Act 309.
C. Should questions arise concerning the
		  medical or mental health condition or case of an inmate participating in the
		  309 program, the Medical Services Administrator should be contacted. He or she
		  will evaluate the situation to determine the type of treatment or services to
		  render to the inmate. Some cases may require transferring the inmate back to
		  the department.
D. An
		  Administrative Directive will be formulated to outline the procedures to be
		  followed pertaining to Act 309 of 1983, as amended; Act 1112 of 1991; and Act
		  532 of 1993, as amended; Act 115 and 936 of 1997, regular session