I.
AUTHORITY:
The Board of Correction is vested with the authority to
promulgate this Administrative Rule 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 Rule 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 Rule 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.
V.
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
Effective Date: 12-03-2015
Notes
004.00.20 Ark. Code R. §
038
Adopted by
Arkansas
Register Volume MMXXI Number 07, Effective
12/3/2015
