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12 CAR § 70-204. Work/study-release program
12 CAR § 70-204. Work/study-release program.
(a) Purpose. This section establishes the policy by which the Division of Correction (the division) institutes the work/study-release program (the program).
(b) Applicability. This section applies to all employees and inmates within the division.
(c) Policy.
(1) To allow the orderly reintegration of selected inmates from a prison environment back into communities through participation in a community or unit/center work/study-release program.
(2) Only inmates who meet the eligibility criteria for work/study release may be considered for placement in a work/study-release program.
(3) The Director of the Division of Correction is authorized to establish further policies necessary for the operation of a work/study-release program.
(d) Procedures.
(1) Pursuant to statutory authority, the following procedures are established for the selection of eligible inmates to be assigned to the program.
(2) Noneligibility for work/study-release program:
(A) An inmate convicted of a capital offense, first degree murder, rape, kidnapping, or who has been convicted for a second or subsequent offense of aggravated robbery, or who is serving a life sentence, or who is under sentence to be executed, is not eligible to participate in this program;
(B) An inmate having an undisposed felony detainer filed against him or her, except a notification only detainer, is not eligible to participate in this program;
(C) An inmate convicted of any sex offense is not eligible for work/study release; and
(D) An inmate convicted of a felony escape is not eligible for work/study release.
(3) Eligibility for work/study-release program:
(A) The inmate must be eligible for minimum security status;
(B) The inmate must have a parole eligibility release date within forty-eight (48) months of the date in which program eligibility is determined;
(C)(i) An inmate should have had no major disciplinary infractions for a period of not less than ninety (90) days immediately prior to application.
(ii) The warden/center supervisor, however, may waive this requirement and approve an inmate with disciplinary infractions within this window for selection and possible transfer to the work/study-release program.
(iii) The director or designee must approve the waiver in writing prior to the inmate being transferred to the work/study-release program;
(D)(i) The inmate must exhibit a current medical classification commensurate with the expected work assignment.
(ii) This classification will be reviewed by the transferring unit/center medical authority prior to final approval for work/study-release eligibility.
(iii) The warden/center supervisor shall ensure that the medical authority is made knowledgeable of the type of work program the inmate is allowed to participate in for any applicable medical-related considerations.
(iv) No inmate will be allowed to participate in a work/study-release program if such participation requires physical capabilities beyond that which could have been routinely assigned at a unit/center;
(E) If the inmate applies for a study-release program, that inmate must have sufficient time remaining on his or her sentence to complete one (1) semester of study; and
(F) Priority for placement will be given to inmates returning to the geographical region served by a work/study-release unit/center.
(4) Application process.
(A)(i) Eligible inmates are to submit a Work/Study Release Application form developed by the division to the classification officer and/or work-release warden/center supervisor.
(ii) If the applicant meets the criteria for eligibility, the classification committee will consider the application and forward its recommendation to the warden/center supervisor.
(iii) The decision of the classification committee must be unanimous before a favorable recommendation is forwarded to the warden/center supervisor.
(B) Applicants who do not meet the eligibility criteria will be informed in writing by the classification officer or work-release or work/study-release warden/center supervisor, and a copy will be placed in the inmate's institutional file.
(C) No application for a work/study-release program will be favorably recommended by the classification committee unless the classification committee is satisfied that the inmate meets all requirements of eligibility and that the inmate:
(i) Does not have a history of violence that would pose a risk to the community;
(ii) Does not constitute a security risk; and
(iii) Is capable of abiding by the terms and conditions of the program.
(D) Each inmate favorably recommended for transfer to a work/study-release program will receive a work supervisor's evaluation that will be forwarded to the unit’s classification committee for consideration prior to final approval.
(E) Work/study-release wardens/supervisors will have final approval of all work/study-release program applicants.
(5) Rules of the work/study-release program:
(A) Inmates participating in the work/study-release program shall not:
(i) Leave the State of Arkansas for any purpose or under any circumstances;
(ii) Leave the county to which he or she was assigned without the written consent of the warden/center supervisor of the facility where the inmate is assigned;
(iii) Possess or consume alcoholic beverages or illegal drugs;
(iv) Visit any place of business where alcoholic beverages or marijuana are the major item sold or consumed;
(v) Violate any federal, state, county, or municipal laws; or
(vi)(a) Operate any motor vehicle without written consent of the warden/center supervisor of the facility to which the inmate is assigned.
(b) In such a case, the inmate must be properly licensed and liability insurance documented before consideration and approval is given;
(B) Transportation to and from work will be provided by the division or by the employer upon written approval of the work-release/center supervisor;
(C) Inmates selected to participate in work/study release will agree to participate in self-improvement programs at the work release center, basic education, GED, etc.;
(D) The inmates must obey all division policies; and
(E) Inmates participating in the work/study-release program will be required to sign an Agreement to Return Form developed by the division.
(6) Employment and earnings of inmates.
(A)(i) If a work/study-release inmate is terminated from his or her employment through no fault of his or her own, officials of the work/study-release center will immediately assign the inmate to an institutional job.
(ii) During this period of reassignment, which shall be no longer than fifteen (15) consecutive days (excluding holidays and weekends), every effort will be made by the division and the inmate to regain employment.
(iii) If, at the end of the reassignment period, employment has not been found, the supervisor of the work/study-release program may administratively transfer this individual to an existing job assignment at the unit/center or transfer him or her back to the parent unit/center.
(B) If an inmate is terminated for just cause, he or she will be dropped from the program and transferred back to his or her parent unit/center.
(C) If an inmate wishes to terminate his or her employment, he or she may do so after obtaining approval of the work/study-release warden/center supervisor who will ensure the employer is notified.
(D) The inmate may be awarded a program change when the supervisor feels it is in the best interest of:
(i) The inmate;
(ii) The division; or
(iii) His or her employer.
(E) Earnings by the inmate shall be paid by check or electronic transfer directly to the division in the name of the inmate.
(F) The division shall retain an amount to be established by the director, upon review and approval of the Secretary of the Department of Corrections and the Board of Corrections, which will be used to compensate the division for the cost of maintaining work/study-release programs.
(G)(i) If the inmate has persons dependent upon him or her for support, the inmate shall be required to remit to such persons a minimum of one-third (1/3) of his or her net income or that amount which may be required by court order.
(ii) Net income is defined as income after taxes and compensation to the division.
(iii) If the inmate does not have any dependents, the one-third (1/3) shall be deposited into a savings account maintained for the benefit of the inmate upon release.
(H) The inmate will normally be allowed to spend up to an amount equal to the approved weekly commissary draw.
(I)(i) The remaining balance of his or her earnings will be deposited to the inmate's trust account.
(ii) Any disbursements from this account must be approved by the warden/center supervisor.
(J) All fund balances of an inmate's account will be released to the inmate upon parole or discharge of sentence.
(K) The inmate may request to draw from the inmate’s trust account amounts necessary to provide his or her own clothing and items needed for work.
(7) Medical service.
(A) The division will not be liable for medical services for those work/study-release inmates on furlough status (AR 1200-A).
(B) Medical service charges not covered by Workers’ Compensation or other forms of insurance will be handled by the division through its medical services program.
(C)(i) In the event medical treatment is required at work, the warden/center supervisor and/or work supervisor is to be notified immediately by the inmate, or the employer if the inmate is unable to provide notice.
(ii) Appropriate medical response measures will be initiated following notification.
(D)(i) An inmate who procures medical treatment while engaged in a working capacity without consulting or advising division staff will be responsible for such incurred costs.
(ii) Disciplinary action may follow, to include program expulsion.
(8) Legal services.
(A) An inmate in need of legal services while assigned to a work/study-release program may:
(i) Contact the inmate attorney assigned to the Compliance Division of the Board of Corrections; or
(ii) Obtain legal services through a request to draw from those monies earned on work/study release.
(B) The inmate may be transferred to a unit/center where a complete law library is available.
"Section Number: 1200
Page Number: 1 of 5
Board Approval Date: TBD
Supersedes:1200
Dated: 08/22/2010
Reference: ACA 12-30-401 et seq.
Effective Date: TBD"
"I. AUTHORITY:
The Board of Correction (the Board) is vested with the authority to promulgate this rule by A.CA. 12-30-403, subject to the continuing review of the Governor who shall have the authority to rescind this rule. "