I.
AUTHORITY:
The authority to promulgate this rule is vested in Act 549 of
1993, Regular Session, and Act 534/555 of 1993, Regular Session; and A.C.A.
16-93-1301 -- 1304.
II.
PURPOSE:
To establish criteria for inmate transfer eligibility from the
Department of Correction to the Department of Community Punishment in
accordance with conditions established by the Post Prison Transfer
Board.
III.
APPLICABILITY:
To employees of the Department of Correction and the Department
of Community Punishment, especially those involved in the transfer of inmates
from the Department of Correction to the Department of Community Punishment and
may include but not be limited to wardens/center supervisors, records staff,
and institutional parole officers; and inmates.
IV.
DEFINITIONS:
A.
Inmates - persons
sentenced to the Department of Correction or persons sentenced to the
Department of Correction but judicially transferred to the Department of
Community Punishment.
V.
POLICY:
It shall be the policy of the Board of Correction and Community
Punishment to transfer inmates upon their parole or transfer eligibility date
from the Department of Correction to the Department of Community Punishment
subject to approval and conditions set by the Post Prison Transfer
Board.
VI.
PROCEDURES:
A. Transfer Provisions
1. Persons who commit felonies prior to
January 1, 1994, and who were convicted and incarcerated for those felonies,
shall be eligible for release on parole in accordance with the parole
eligibility law in effect at the time the crime was committed.
2. Persons who commit felonies on or after
January 1, 1994, and who are convicted and incarcerated for those felonies,
shall be eligible for transfer to Community Punishment as follows:
a. Inmates under sentence of death or life
imprisonment without parole shall not be eligible for transfer but may be
pardoned or have their sentence commuted to a term of years.
b. Inmates convicted of a target offense
under the Community Punishment Act may be committed to the Department of
Correction and judicially transferred to the Department of Community Punishment
as stated on the court commitment.
(1) A copy
of the commitment shall be forwarded to the Department of Correction.
(2) The Department of Community Punishment
shall take over supervision of the inmate in accordance with the court
order.
3. All
other inmates who are incarcerated shall be eligible for transfer to Community
Punishment after having served one-third or one-half, with credit for good
time, of their sentence depending on the seriousness determination made by the
Arkansas Sentencing Commission; or one-half with credit for meritorious good
time, of the time to which their sentence is commuted by executive
clemency.
4. Specific guidelines
used in computing an inmate's parole or transfer eligibility date shall be
included in the appropriate administrative directive(s) and or records
manual.
B. Transfer
Procedures
1. The Department of Correction or
the Department of Community Punishment shall provide designated representatives
of the Post Prison Transfer Board information regarding an inmate's transfer
eligibility date and disciplinary record; and when appropriate, notice from the
victim or next-of-kin requesting input on transfer conditions.
2. Every inmate while on transfer status
shall remain in the legal custody of the Department of Correction, under the
supervision of the Department of Community Punishment, and subject to the
orders of the Post Prison Transfer Board.
3. The appropriate administrative
directive(s) and/or operating manuals shall include specific eligibility
criteria for transfer review.
C. Revocation of Transfer
In the event an inmate violates terms or conditions of the
transfer, revocation procedures shall follow all legal requirements applicable
to parole and shall be subject to any additional policies, rules, and rules set
by the Post Prison Transfer Board.
VII.
A.C.A.
REFERENCES:
AR1301. doc
Board Approval Date: 10-18-02
Effective Date: 12/01/02
Notes
004.00.20 Ark. Code R. § 043
Adopted by
Arkansas
Register Volume MMXXI Number 07, Effective
12/1/2002
