I.
AUTHORITY:
The authority of the Board of Corrections to promulgate this
Administrative Rule is vested in Arkansas Code Annotated §
§
12-27-105
and Act 1371 of 2001.
II.
POLICY:
It shall be the policy of the Department of Correction
("Department") to grant furloughs to inmates pursuant to established
requirements and conditions.
III.
PURPOSE:
To provide a mechanism for the temporary release of qualifying
inmates for meritorious or emergency furloughs and eligible inmates assigned to
Work Release C enters/Programs.
IV.
APPLICABILITY:
Inmates and all employees involved in the approval/processing of
furloughs
V.
DEFINITIONS:
A.
Critical Illness
- Any illness from which the relative may not survive under normal
circumstances and/or from which death is imminent.
B.
Emergency
Furlough - The temporary release of an inmate due to the critical
illness and/or death of an inmate family member.
C.
Immediate Family
- The inmate's father, mother, sisters, brothers, spouse, children,
grandparents, grandchildren, aunts, uncles, mother-in-law, father-in-law, and
any other person whose relationship with the inmate has been verified as that
of a parent/guardian.
D.
Meritorious Furlough - The approved, temporary release
of an inmate for a period not to exceed five calendar days.
E.
Sponsor -
Approved persons with whom the inmate resides while on meritorious
furlough.
F.
Work
Release Furlough - The approved, temporary release of an inmate
assigned to a work release program
VI.
PROCEDURES:
A. Meritorious Furlough Requirements
A meritorious furlough may be granted for exemplary conduct by an
inmate.
1. An inmate who is serving a
life sentence or a sentence of a term of years, has achieved Class I-A or I-B,
and has continuously maintained that status for not less than one year may be
eligible for meritorious furloughs if he/she meets all of the following
requirements:
a. Has not been convicted of one
or more of the offenses listed in ACA
12-29-102.
b. Has been an inmate in the custody of the
Department of Correction continuously for one year;
c. Has not been convicted of a major
disciplinary violation for a period of not less than six months immediately
prior to applying for meritorious furlough;
d. Has not received a meritorious furlough
during the preceding six (6) months;
e. Does not have any pending felony
detainers;
f Has an approved sponsor
willing to accept and transport him/her;
g. Has been approved by his/her immediate
work supervisor;
h. An inmate
serving a life sentence must have his or her application approved by the
appropriate Deputy /Assistant Director, the Director, and the Board of
Corrections.
2. An
inmate who has been sentenced to death or is serving a sentence of life without
parole will not be eligible for meritorious furloughs.
3. To qualify for a meritorious furlough, an
inmate must be approved by the Meritorious Furlough Review Committee at his/her
unit. Before approving a furlough, the Committee must find that:
a. The inmate does not presently have, an
abnormal propensity for violence.
b. The inmate does not constitute a security
risk
c. The inmate is capable of
abiding by the terms and conditions of a furlough.
d. The inmate and the public will not be
endangered by the furlough.
e. The
inmate, in all other respects, is a suitable candidate for furlough.
4. Upon request of an inmate's
victim, the Department shall inform the victim at least thirty (30) days before
release of the inmate on furlough (except emergency furloughs unless the law
requires it).
5. The sheriff of the
county and the chief of police of the city or town, if applicable, shall be
notified if an inmate will be present within their jurisdiction while on
furlough. Approval of the furlough by the sheriff and/or chief of police is not
required.
B. Special
Rules Regarding Work-Release Inmates
1. A
work-release inmate may be eligible for one (1) furlough per month.
2. Furloughs are to be taken on weekends and
are not to exceed 48 hours, except that a furlough granted during a three-day
holiday weekend are not to exceed 72 hours.
3. A work-release inmate must have been in
the program for 90 days before becoming eligible for a furlough.
4. A work-release inmate shall not be
eligible for a furlough for a minimum of 120 days after his/her conviction of a
major disciplinary infraction.
5. A
work-release inmate is not required to report to a monitor while on
furlough.
C.
EMERGENCY FURLOUGHS:
The Department of Correction may permit the emergency furlough of
inmates in cases of critical illness and/or death of a member of the inmate's
immediate family.
In the discretion of the warden/center supervisor, up to two
emergency furloughs may be granted due to a critical illness. If emergency
furloughs are granted due to a critical illness and the family member
subsequently dies, another furlough may be granted for the inmate to attend the
funeral. Cases of critical illness must be confirmed to the warden/center
supervisor or his or her designee by the ill relative's attending
physician.
1. Inmates Under Sentence
of Death, Life Without Parole, or Life
An inmate who is serving a sentence of Death, Life Without Parole
or Life may be permitted an emergency furlough only in the event of the
critical illness and/or death of a member of his or her immediate family. In
such cases, the inmate may be permitted a four hour furlough to visit with the
critically ill patient and/or to attend the funeral of the deceased family
member. All inmates serving a sentence of Death, Life Without Parole, or Life
must have the approval of the Director.
2. Inmates in Class I-A and I-B Status
Inmates in Class I-A and I-B may be released on emergency
furloughs for such occasions as the critical illness and/or death of a member
of the inmate's immediate family. Such emergency furloughs shall not exceed
three days in duration and may be granted by the unit warden/center
supervisor.
3. Inmates in
Other Class Status
All other inmates except those having achieved Class I-A and I-B
may be released on an emergency furlough for such occasions as the critical
illness and/or death of a member of the inmate's immediate family. The
emergency furlough shall not exceed forty-eight hours in duration and may be
granted by the unit warden/center supervisor.
4. Procedural Requirements
a. In all cases, the unit warden/center
supervisor or his or her designee shall be satisfied that the inmate to whom an
emergency furlough is granted:
(1) does not
presently have an abnormal, uncontrollable propensity for violence;
(2) does not constitute a security
risk;
(3) is capable of abiding by
the terms and conditions of a furlough; and
(4) not be endangered or endanger another
person by such a release.
b. Inmates other than Class I-A or I-B may be
granted emergency furloughs and will be released only to the custody of an
Arkansas certified law enforcement officer, who will be responsible for the
signing out, transportation, supervision, custody and arrangements for housing
in the jail, if necessary, and delivery of the inmate back to the Department of
Correction.
NOTE: Any fee charged by the law enforcement officer for
escorting the inmate on emergency furlough will be paid by the inmate or his
family or other supporter(s).
c. Class I-A or I-B inmates may be released
to a family member, friend, or other approved individual who will be
responsible for the inmate while on emergency furlough.
d. The unit warden/center supervisor or his
or her designee shall notify the sheriff of the county and the chief of police
of the city or town, if applicable, that the inmate will be present in his
jurisdiction while on emergency furlough.
e. Upon request of the inmate's victim, the
unit warden/center supervisor or his/her designee shall notify the victim of
the inmate's emergency furlough.
D. Rules of Conduct
The Department will establish by Administrative Directive rules
of conduct to be followed by inmates while on furlough.
E. General
Specific guidelines for implementing this rule including, but not
be limited to sponsorship, departure and arrival times, medical screening, and
contacts shall be included in an appropriate Administrative Directive.
VII.
REFERENCES:
AC A
12-29-102,
AC A
16-90-1109,
Act 1371 of 2001. AR812(010814)
Board Approval Date: 9/20/2001
Effective Date: 11/16/2001
