Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-013 - 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, as amended; Act 510 of 1971, Regular Session; Act 273 of 1987, Regular
			 Session; Act 626 of 1987, Regular Session; Act 506 of 1987, Regular Session,
			 Act 429 of 1989, Regular Session; Act 574 of 1991, Regular Session; and Act 309
			 of 1991, 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. All
		  inmates and parole violators will be placed in Class II status upon their
		  arrival in the Arkansas Department of Correction unless the inmate is being
		  returned as the result of disciplinary action and has been reduced below Class
		  II status. 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 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 as amended
Under the provisions of Arkansas Codes, Act 273 of 1987, Regular
			 Session, as amended; and Act 309 of 1991, Regular Session, an inmate may be
			 awarded additional days of meritorious good time based on the following
			 schedule:
Requirements
Additional MGT Awarded
* Participation in School program and GED.
20 days MGT for each level school completed and 60 days
						MGT for obtaining GED. Maximum award for school and GED is 160 days
						MGT.
* Successful completion of SATP program.
60 days MGT
* Successful completion of a Vo-Tech Program or any
						program for which an inmate may receive Vo-Tech training
						certification.
10 days MGT per month of program and 90 days MGT for
						completion. Maximum award for a 1 year course is 210 days MGT.
* Bonus award for successful completion of both GED and
						Vo-Tech Program.
60 DAYS MGT
* College course (All outside courses must be approved
						prior to courses in order to receive MGT awards).
3 0 days MGT per course.
* OJT Skill Development -Assignment to a specialized job
						for a period of not less than six months and a recommendation from supervisor
						indicating proficiency in job area.
60 days MGT
* Maintain Class I-A, I-B or I-P status continuously for
						three months.
24 days MGT for each three month period.
(The activities denoted by an asterisk (*) may be completed in a
			 county jail or in the community while on bond or parole, 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-C status continuously for three
						months.
15 days MGT for each three month period
Appropriate use of sick call. Appearances at sick call 12
						times per year or less excluding emergencies and/or infirmary ordered
						appointments.
Zero to 4 appearances at sick call in 1 year.
60 days MGT
5 to 8 appearances at sick call in 1 year.
30 days MGT
9 to 12 appearances at sick call in 1 year.
15 days MGT
Disciplinary free bonus - no major disciplinary action
						for a period of three months.
15 days MGT for each 3 months
Inmate who does not qualify for other program 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.
60 days MGT
An act performed without solicitation and the inmate's
						performance averts serious threats to security, tragedy or loss of limb or
						property.
180 to 360 days MGT
Heroic act(s) performed without solicitation as defined
						as an act(s) that directly resulted in a saving of a life or lives.
180 to 360 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.
The effective date to begin calculation of the awarding of
			 meritorious good time per Act 273 of 1987, Regular Session, as amended by Act
			 309 of 1991, Regular Session, will be March 1, 1991.
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 he or she has 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: 7/17/91
Attorney General Review Date: 7/17/91
Date Filed Secy, of State: 7/18/91
Supersedes: 826
Dated: 6/27/91