159.00.03 Ark. Code R. § 002 - AR 1.4 - Community Correction Center Criteria and Standards
AR 1.4
COMMUNITY CORRECTION CENTER CRITERIA AND STANDARDS
I.
AUTHORITY. The Board of
Corrections (Board) is vested with the authority to promulgate this
administrative regulation by Ark. Code Ann. §§
12-27-105,
16-93-1203,
and
16-93-1205.
II.
APPLICABILITY. This policy
applies to offenders being considered for transfer to and residing in community
correction centers (CCC), Department of Community Correction staff, circuit
courts, and the Post Prison Transfer Board (PPTB).
III.
POLICY. To establish
criteria and standards for the effective provision of restoration opportunities
for offenders referred to CCCs, with primary concern for the safety and welfare
of people of the state of Arkansas.
IV.
DEFINITION.
Community Correction Center. A residential facility encompassing security, services, and programs designed to promote rehabilitation of the offender and the deterrence of future criminal behavior and reduce the need for long term incarceration.
V.
ADMISSION CRITERIA. An
offender eligible for admission to a CCC is a felon
A. who is eligible by law for such sentence,
and
B. whose crime(s) fall(s)
within the targeted population as set forth in Ark. Code Ann. §
16-93-1202,
and
C. whose period to be confined
in a CCC does not exceed
1. 120 days (or 90
days if crime is committed prior to 1994) for a defendant placed on probation
or for whom the court suspended the imposition of sentence, accompanied by
assignment to a CCC, or
2. 1 year
for referrals by the PPTB, or
3. 2
years for a commitment to the Arkansas Department of Correction (ADC) for
judicial transfer to the DCC, and
D. who has not been previously convicted of a
violent and/or sex related felony, disciplined in a jail/correctional
institution for violent and/or sexual misconduct and has no known record of
mental disorder(s) that would indicate a propensity for violence, and
E. who has no undisposed felony detainer(s)
for a non-target offense filed against him or her, and
F. who does not otherwise pose an undue
public risk to the safety and security of the community.
VI.
STANDARDS.
A.
Admission. Eligible offenders
received by the DCC will be assessed upon admission by the staffing team.
Initial screening will be conducted immediately upon admission to a CCC. Intake
medical examinations will be conducted within three (3) working days of
admission except for direct post prison transfers who have been examined at the
ADC within the last six (6) months. No offender will be received in a CCC
without appropriate commitment documents.
B.
Credit for Time Spent in
Custody. Credit for time spent in either pre- or post sentencing custody
will be granted unless such credit has been waived pursuant to an agreement
between the offender and the sentencing court.
C.
Good Time. Offenders
committed to the ADC with judicial transfer to the DCC may earn good time in
accordance with regulations and state statute.
D.
Community Work Crew Projects.
When work projects are conducted, center staff shall adhere to the following:
1. Organize and operate work crews in
accordance with appropriate agency guidance. Only supervised community work
crews are authorized outside the CCC unless supervision has been arranged
through a work agreement approved by the Deputy Director of Residential
Services.
2. Restrict projects to
the following unless otherwise approved by the Director:
a. beautification on highways, roads, ditches
and/or designated community areas
b. landscaping
c. general maintenance/cleanup
d. building renovation
e. rebuilding and demolition
projects.
3. Authorize
community work crew projects only for the following entities, in priority order
(NOTE: Only when engaged by one of the following will work be done on private
property):
a. State government
b. county government
c. city government
d. private non-profit
organizations/agencies
e. Federal
government
4. Obtain
Director and Board approval of any community work crew projects for
pay.
5. Prohibit community work
assignments where there is foreseeable danger (health and safety) to the
public, work site staff, and/or residents.
E.
Assignment/Program Participation
Agreement. Residents will receive orientation, agree to abide by CCC
rules, participate in self-improvement programs either mandated by law, ordered
by the court and/or determined by assessment, and perform work program
assignments. Programs, job assignments, and activities shall be designed to
promote public safety and assess and address offender needs and abilities
without discrimination.
F.
Failure to Meet Criteria/Violation of Terms. Confinement in a CCC
is conditioned upon meeting the criteria specified in Section
V above and the resident's
continued compliance with all applicable rules and regulations established by
Board policy and agency guidance. A resident who violates such rules and
regulations is subject to disciplinary action up to and including submission of
a violation report with a revocation recommendation to the PPTB or the courts
as follows:
1. A resident who violates the
terms and/or conditions of transfer is entitled to a hearing by the PPTB to
determine non-compliance that warrants transfer to the ADC. The resident may
waive the right to a hearing.
2. A
transferred resident who no longer satisfies CCC Criteria and Standards will be
recommended for administrative transfer to the ADC and transferred if the PPTB
approves. The resident will be provided a written notice of ineligibility and
supporting reasons for the transfer. Only after the administrative transfer and
only to contest the factual basis of the determination of ineligibility may the
offender request a PPTB hearing.
3.
PPTB decisions are final and provided in writing to the ADC and DCC.
4. A court-ordered resident who violates the
terms or conditions under which the imposition of his/her sentence was
suspended or fails to meet the center criteria/standards will be reported to
his/her court of jurisdiction and treated in accordance with its
determination.
G.
Completion and Release. Upon completion of the period of
confinement, offenders will sign a condition of release contract or terms or
conditions of probation/SIS, where appropriate, and will be transferred to
supervision (at varying levels of intensity) by a probation/parole supervision
officer in the community, except as otherwise ordered by the court. Prior to
release, the offender will agree to an approved release plan.
VII.
OPERATIONAL
PROCEDURES. Procedures for operating CCCs will be outlined in agency
guidance.
VIII.
REFERENCES. Ark. Code Ann. §§
5-10-101 et seq.
through
5-14-101 et seq.,
12-27-127,
16-93-1201
et seq., and 16-93-1301 et seq.
IX.
ACA REFERENCES. American Correctional Association Performance
Based Standards for Adult Community Residential Services, Fourth Edition,
4-ACRS-2A-07; 4-ACRS-6A-10 through -6A-12, and 4-ACRS-6A-13[P].
Board Approval Date: 3/27/03
Reference:
Effective Date: 6/20/03
Notes
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No prior version found.