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12 CAR § 70-209. Procedure for handling disciplinary infractions of mentally disordered inmates
12 CAR § 70-209. Procedure for handling disciplinary infractions of mentally disordered inmates.
(a) Purpose.
(1) To ensure that policies and procedures for management of inmate behavior adequately take into account serious mental illness.
(2) Also to ensure that appropriate treatment interventions are considered and made accessible to reduce the likelihood of future misbehavior.
(3) And these treatment interventions are consistent with treatment goals so as not to cause regression or deterioration of the inmate’s mental condition.
(b) Applicability. To all:
(1) Inmates identified as having a history of serious mental illness, or suspected at any point to be developing serious mental illness; and
(2) Staff involved in the disciplinary process, supervising inmates in segregated areas, or involved in health and correctional programs.
(c) Definitions. As used in this section:
(1) “Evaluation” means a mental health evaluation performed under the supervision of a licensed practitioner and that includes, at a minimum, direct contact with the inmate;
(2) “Recommendations” means statements made and signed by a licensed clinician may include, but are not limited to, the following:
(A) A strategy for preventing future repetitions of the misbehavior while maintaining the mental health of the inmate;
(B) Suggestions for placement of the inmate; and
(C) Treatment plan considerations for the inmate; and
(3) “Serious mental illness” is defined as symptoms of a diagnosable mental disorder that impairs an individual’s functioning and disrupts the capacity to cope with the ordinary demands of life.
(d) Policy.
(1) It is the policy of the Division of Correction and a goal of the correctional process to teach self-control and personal responsibility for behavior to all inmates in its custody.
(2) It is recognized that inmate behavior may be influenced by serious mental illness, and that such influences must be taken into account in pursuing the goals set out in this section.
(e) Procedures.
(1) At intake an evaluation will be done on all inmates entering the division, and a mental health classification will be:
(A) Assigned as recommended by licensed mental health staff; and
(B) Documented in the appropriate records.
(2) This classification will be reviewed and updated during the inmate’s incarceration.
(3)(A) Inmates who are identified as seriously mentally ill shall, at the time disciplinary charges are filed, be referred for an evaluation.
(B) At any point during the disciplinary process, an inmate suspected of being mentally ill can be referred for an evaluation.
"ADMINISTRATIVE RULES STATE OF ARKANSAS
BOARD OF CORRECTIONS
Section Number: 834
Page Number: 1 of 2
Board Approval Date: 5/11/2018
Supersedes: AR-834
Dated: 5-11-2018
Reference: N/A
Effective Date: 5-21-2018"
"I. AUTHORITY:
The authority of the Board of Corrections to promulgate this Administrative Rule is A.C.A. 12-27-105."