I.
AUTHORITY: The Board of
Correction and Community Punishment is vested with the authority to promulgate
this Administrative Rule by Acts 548 and 549 of 1993, Regular Session (Ark.
Code Ann. §§
16-93-1203
and
12-27-105
of 1993); and Ark. Code Ann. §
12-29-112.
II.
PURPOSE: This administrative
rule establishes the policy by which the Arkansas Department of Correction and
the Department of Community Punishment provide funds and clothing to offenders
upon release from custody of the Arkansas Department of Correction or the
Department of Community Punishment.
III.
APPLICABILITY: This rule
applies to Department of Correction and Department of Community Punishment
staff, especially those involved in securing transportation for released
offenders; and offenders.
IV.
DEFINITION:
A.
Release:
1. An offender who is
discharged from the Department of Correction or Department of Community
Punishment jurisdiction due to expiration of sentence.
2. An offender who is paroled or transferred
as determined by Arkansas Codes, or is released to supervision from
confinement/incarceration in a community punishment facility.
B.
Travel Subsidy:
Includes transportation to destination, if needed, and/or meal costs during
travel.
V.
POLICY:
It shall be the policy of the Board of Correction and Community
Punishment to provide satisfactory clothing and travel subsidy to offenders
upon release from custody of the Arkansas Department of Correction or
Department of Community Punishment.
VI.
PROCEDURES:
A.
Funds
Funds will be provided for the sole purpose of securing
transportation and travel subsidy from a unit/center of the Department of
Correction or Department of Community Punishment to the offender's place of
residence or approved location.
1.
Offenders who are to be released to a detainer will not be provided funds upon
release from custody of the Department of Correction or Department of Community
Punishment.
2. Offenders
participating in the Department of Correction Work/Study Release Program
immediately preceding release will not be provided funds upon release from the
custody of the Department of Correction unless an exception is made by the
Director.
3. Offenders who have not
been incarcerated/confined in a Department of Correction or Department of
Community Punishment facility will not be provided funds upon
release.
4. Upon release, each
offender, unless disqualified to receive funds as specified in VI.A.(1),(2),
and (3), will receive an amount approved by the Board of Correction and
Community Punishment from sources of funds as determined by the Director to be
allowable within current and future budgetary constraints of the Departments.
Issuance of checks to accomplish the intent of this Administrative Rule will be
accomplished in accordance with the procedures established by the Departments'
Administrative Services Divisions.
B.
Clothing
In the event of legitimate need for issuance of clothing to the
offender, clothing will be provided from other than state supported
sources.
Upon being notified of an offender's release date, the
Warden/Center Supervisor or his/her designee will determine the offender's need
for clothing upon the offender's release. The offender should be asked if
he/she desires such clothing and, if so, his/her wardrobe should be examined to
determine whether there is legitimate need. This determination is based on what
personal clothing he/she has and its condition. If deemed necessary, the
Department of Correction/Department of Community Punishment will furnish the
proper size clothing appropriate for the season and current weather
conditions.
VII..
A.C.A REFERENCES:
Board Approval Date: 8/11/94
Effective Date: 9/1/94
Notes
004.00.20 Ark. Code R. § 081
Adopted by
Arkansas
Register Volume MMXXI Number 07, Effective
9/1/1994
