Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.97-001 - AR 812 - Temporary Release/Meritorious Furloughs

Current through Register Vol. 49, No. 6, June, 2024
812
Temporary Release/Meritorious
		  Furloughs
I.
AUTHORITY
:
The authority of the Board of Correction and Community Punishment
			 to promulgate this Administrative Regulation is vested in Arkansas Code
			 Annotated §§
									12-27-105
			 and Act 1191 of 1997.
II.
PURPOSE
:
To provide a mechanism for the temporary release of inmates which
			 serves as an incentive program and assists in attaining a more normal and
			 orderly transition from the Department of Correction into the community.
III.
APPLICABILITY
:
Board of Correction and Community Punishment, Deputy/Assistant
			 Directors, Wardens/Center Supervisors, all employees involved in the
			 approval/processing of furloughs; and inmates.
IV.
DEFINITIONS
:
A.
Meritorious
		  Furlough
: The approved, temporary release of an inmate for a
		  period not to exceed five calendar days.
B.
Sponsor
: Approved
		  persons with whom the inmate resides while on meritorious furlough,
A sponsor shall be required to be already approved and listed on
			 the inmate's visitation list at the time of furlough application.
V.
POLICY:
It shall be the policy of the Department of Correction to grant
			 meritorious furloughs pursuant to established requirements and conditions for
			 approved inmates.
VI.
PROCEDURES
:
A.
		  Requirements
A meritorious furlough may be granted for exemplary conduct on
			 the part of an inmate.
1. All inmates
		  who are serving a life sentence or a sentence of a term of years and who have
		  achieved Class I-A or I-B, and who have continuously maintained that status for
		  not less than one year may be eligible for meritorious furloughs if they meet
		  all of the following requirements:
a. Have not
		  been convicted of the following offenses:
(1)
		  Capital murder, Arkansas Code
		  5-10-101;
(2) Kidnapping, Arkansas Code
		  5-11-102;
(3) Rape, Arkansas Code
		  5-14-103;
(4) Any other offense under Arkansas Code
		  Title 5, Chapter 14, subchapter 1, concerning sexual offenses;
(5) An offense concerning sexual exploitation
		  of children, Arkansas Code
		  5-27-301 et seg.;
(6) An offense concerning use of children in
		  sexual performances, Arkansas Code
		  5-27-401 et seg.;
		  or
(7) Stalking, Arkansas Code
		  5-71-229.
b. Have been an inmate in an
		  institution of the Arkansas Department of Correction continuously for one
		  year;
c. Have not been convicted of
		  a major disciplinary violation for a period of not less than six months
		  immediately prior to applying for such meritorious furlough;
d. Does not have any pending felony
		  detainers;
e. The Sheriff and other
		  appropriate law enforcement personnel of the county to which the inmate is
		  furloughing approves;
f. An inmate
		  serving a "life" sentence must have his or her application approved by the
		  appropriate Deputy/Assistant Director, submitted through the Director prior to
		  approval by the Board of Correction.
2. An inmate who has been sentenced to Death,
		  or serving a sentence of Life Without Parole will not be eligible for
		  meritorious furloughs under any conditions.
3. All inmates must be approved by the Unit
		  Classification Committee consisting of an assistant warden, classification
		  officer, a chief security officer and a member of the treatment staff. Approval
		  must be unanimous. The Unit Classification Committee will base their decision
		  on:
a. The inmate does not have, presently, an
		  abnormal propensity for violence.
b. The inmate does not constitute a security
		  risk. (This criteria is made by the Classification Committee at the time the
		  inmate is approved for Class I-B and again when reviewed for a
		  furlough.)
c. The inmate is capable
		  of abiding by the terms and conditions of such a furlough.
d. The inmate will not be endangered by such
		  a temporary release.
e. The inmate
		  has not received a meritorious furlough during the preceding six
		  months.
f. The inmate must be
		  favorably recommended by his or her immediate work supervisor.
g. The inmate must have a sponsor willing to
		  accept and transport the inmate.
h.
		  Once the inmate initially becomes eligible for a meritorious furlough, the
		  sheriff and prosecuting attorney from the sentencing county shall be notified
		  and their comments solicited.
i.
		  The sheriff and chief of police in the county and city where the inmate wishes
		  to furlough must approve prior to the inmate's release on furlough.
j. In the case of an inmate serving a life
		  sentence, the victim or victim's family shall be notified of the impending
		  meritorious furlough and the response will be available to the furlough
		  committee as criteria on their making a final decision. This notification will
		  allow the victim or the family the opportunity to comment.
k. A certificate of furlough must be signed
		  by the warden/center supervisor, inmate and sponsor. The inmate and
		  warden/center supervisor shall also sign an agreement to return.
(1) Inmates serving a life sentence who are
		  approved for a meritorious furlough shall be required to wear an electronic
		  monitoring device.
B. Rules of Meritorious Furlough
Meritorious furloughs shall not begin nor end on a weekend or
			 holiday.
Inmates released on meritorious furlough shall adhere to a daily
			 reporting schedule while on furlough.
Inmates released on a meritorious furlough must abide by the
			 following rules:
1. Not leave the
		  state of Arkansas for any purpose or under any circumstances;
2. Not leave the county to which he or she
		  was furloughed except for travel to the county and return travel to the
		  institution, without the written consent and approval of the warden/center
		  supervisor or appropriate assistant director;
3. Not possess or consume alcoholic beverages
		  of any kind or drugs not specifically prescribed for him or her;
4. Not visit any place of business where
		  alcoholic beverages are the major items offered for sale;
5. Not violate any laws of this state, the
		  county or municipality, or the United States;
6. Not operate a motor vehicle of any kind.
Specific conditions for the inmate to abide by shall be listed in
			 the appropriate Administrative Directive.
C. General
Specific guidelines to include but not be limited to sponsorship,
			 departure and arrival times, medical screening, and contacts shall be included
			 in the appropriate Administrative Directive.
VII.
REFERENCES
:
Act 1191 of 1997
Board Approval Date: 6/27/97
Effective Date: 8/3/97
Supersedes: 812
Dated: 6/16/95