RULE 159.00.03-002 - AR 1.4 - Community Correction Center Criteria and Standards

RULE 159.00.03-002. 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

(6/12/2003)

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