I.
AUTHORITY:
The authority to promulgate this rule is vested in Act 423 of
2017, Regular Session, and Act 55 of 2021, Regular Session [A.C.A. §
12-27-127] .
II.
PURPOSE:
To establish criteria for the administrative transfer of
individuals from the Division of Correction to a Community Correction Center
operated by the Division of Community Correction.
III.
APPLICABILITY:
Employees of the Divisions of Correction and Community
Correction.
IV.
DEFINITIONS:
A.
Community Correction
Center: a minimum or medium security, alcohol and drug treatment
facility operated by the Division of Community Correction.
B.
eOMIS: the
electronic Offender Management Information System, or its successor.
C.
Inmate: a person
sentenced to a term of incarceration in the Division of Correction.
D.
Target Offense:
an offense that falls into the "Target Group" as defined by A.C.A. §
16-93-1202(10).
V.
POLICY:
It shall be the policy of the Board of Corrections to transfer
eligible Inmates from the Division of Correction (ADC) to a Community
Correction Center (CCC) operated by the Division of Community Correction
(ACC).
VI.
PROCEDURES:
A.
Authorization for
Administrative Transfer.
Pursuant to A.C.A. §
12-27-127, the Division of
Correction is authorized to administratively transfer a statutorily eligible
Inmate to a Community Correction Center if the Inmate is eligible for
placement, unless the court indicates on the Sentencing Order that the Inmate
is not authorized for administrative transfer.
B.
Eligibility for Administrative
Transfer.
1. An Inmate is
eligible for administrative transfer to a CCC if:
a. The Inmate is sentenced to a term within
the statutory parameters;
b. The
Inmate's current convictions are comprised of Target Offenses;
c. The Inmate does not have a history of
violent or sexual offenses;
d. The
Inmate does not have a disciplinary history that disqualifies him or her from
placement in a CCC; and
e. The
Sentencing Order does not prohibit administrative transfer.
2. ACC shall maintain a list of criminal
offenses and designate each as either:
(1) a
Target Offense,
(2) not a Target
Offense, or
(3) a Potential Target
Offense.
3. However, the
ACC Director retains discretion over admittance of an Inmate into a Community
Corrections Center and may exclude an Inmate who is otherwise eligible for
reasons including, but not limited to:
a.
facts of the current case,
b.
disciplinary status while incarcerated, or
c. behavior while on a current or previous
term of supervision.
C.
Screening
Procedures.
1. All Sentencing
Orders assigning the defendant to the ADC will be reviewed for CCC eligibility
by ADC Central Records.
2. If the
Sentencing Order does not authorize administrative transfer, the Inmate will
not be administratively transferred. The Inmate will be designated as not
authorized in eOMIS and the ADC intake process will begin.
3. If the Sentencing Order does authorize
administrative transfer, ADC Central Records will make a preliminary
eligibility determination based on the following:
a. First, if the total time to serve on all
offenses is outside the statutory guidelines for programming and a judicial
transfer sentence, the Inmate is determined to be ineligible for administrative
transfer to a CCC.
b. Second, if
any of the offenses on the current Sentencing Order are designated as not a
target offense by the Division of Community Correction, the Inmate is
determined to be ineligible for administrative transfer to a CCC.
4. For Inmates determined to be
ineligible during the preliminary eligibility determination, ADC Central
Records will notate the reason that the Inmate is ineligible for administrative
transfer in eOMIS and begin the ADC intake process.
5. ADC Central Records will forward
Sentencing Orders for Inmates who are determined to be preliminarily eligible
for administrative transfer to ACC Central Records for eligibility
screening.
6. ACC Central Records
will screen the Inmate and make a final determination on eligibility for
placement in a Community Corrections Center.
a. The screening conducted by ACC Central
Records will cover, at a minimum:
i. Inmate's
current offenses
ii. Inmate's
criminal history
iii. Inmate's
history of discipline while incarcerated
iv. Inmate's violation history while under
supervision
b. After
conducting the screening, ACC Central Records will designate the Inmate as
either (1) Eligible for Placement or (2) Ineligible for Placement in
eOMIS.
c. If the Inmate is
determined to be ineligible for placement, ACC Central Records will notate why
the Inmate is ineligible in eOMIS and remit the record back to ADC Central
Records.
d. If the Inmate is
determined to be eligible for placement, ACC Central Records will determine if
the Inmate is appropriate for placement in a CCC.
7. When analyzing whether an Inmate is
suitable for placement in a CCC, ACC Central Records will consider the
criminogenic, mental health, and substance abuse treatment needs of the Inmate.
a. If the Inmate is determined to be not
suitable for placement, ACC Central Records will notate why the Inmate is not
suitable for placement in eOMIS and remit the record back to ADC Central
Records.
b. If the Inmate is
determined to be suitable for placement, ACC Central Records will begin the ACC
intake process for the Inmate.
VII.
IMPLEMENTATION:
A. The Secretary or appropriate Division
Director may issue directives to implement the guidance contained within this
Rule.
B. Implementation of this
rule may be delayed until any necessary directives are issued and any required
programming changes to eOMIS have been completed.
VIII.
A.C.A.
REFERENCES:
A.C.A. §
12-27-127
A.C.A. §
16-93-1202
Notes
004.03.21 Ark. Code
R. 005
Adopted by
Arkansas
Register Volume 47 Number 03, Effective
3/6/2022
