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12 CAR § 70-111. Prison Overcrowding Emergency Powers Act
12 CAR § 70-111. Prison Overcrowding Emergency Powers Act.
(a) Purpose.
(1) To establish the policy by which the Board of Corrections may, when the prison population exceeds ninety-eight percent (98%) of the rated capacity, release inmates from the Division of Correction prior to their normal release date.
(2) This policy also allows for the ninety-eight percent (98%) factor to be applied separately to the male and female prison population.
(b) Applicability. To:
(1) The board;
(2) All division employees, especially those involved in release processing; and
(3) All inmates.
(c) Definitions. As used in this section:
(1) “Discharge” means the unconditional release of an inmate or person on release supervision upon the expiration of a sentenced term of years pursuant to Arkansas codes; and
(2) “Rated capacity” means the cumulative total of inmates that may be housed by the Division of Correction as determined by court order or the Board of Corrections.
(d) Policy. It shall be the policy of the division and the board to review the inmate population of the division and, at the board’s discretion, invoke the Prison Overcrowding Emergency Powers Act, Arkansas Code § 12-28-601 et seq., for the male segment of the population, the female segment of the population, or both, depending upon the segment or segments of the population exceeding ninety-eight percent (98%) of the rated capacity.
(e) Procedures.
(1) At such time the male population, the female population, or the combined total population of the division reaches or exceeds ninety-eight percent (98%) of rated capacity, the Director of the Division of Correction will cause a list of those inmates eligible for release within a period of time, not to exceed ninety (90) days, to be presented to the board for its consideration.
(2) The board may invoke the Prison Overcrowding Emergency Powers Act to affect those inmates of:
(A) The male population;
(B) The female population; or
(C) Both.
(3) The board may also specify the number of days affected by the Prison Overcrowding Emergency Powers Act (not to exceed ninety (90) days) and whether inmates eligible for parole or inmates eligible for discharge are affected.
"Section Number: 1315
Page Number: 1 of 2
Board Approval Date: 9/24/91
Supersedes:
Dated:
Reference:
Effective Date: 9/26/91"
"I. AUTHORITY:
The authority of the Board of Correction to promulgate this Administrative Rule is vested in Act 50 of 1968, First Extraordinary Session, as amended; Act 418 of 1987, Regular Session; Act 684 of 1991, Regular Session; and A.C.A. 12-28-601 - 12-28-606."