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12 CAR § 70-309. Third-party agreements to house Division of Correction inmates
12 CAR § 70-309. Third-party agreements to house Division of Correction inmates.
(a) Purpose. This section establishes the policy by which the Division of Correction may recommend to the Board of Corrections an agreement to cooperate with and contract with a third party for the provision of correctional operations, including inmate housing.
(b) Applicability. This section applies to the administration of the division.
(c) Policy. In order to address prison overcrowding in Arkansas, it is the policy of the Board of Corrections to investigate and consider every permissible housing alternative until prison population becomes manageable.
(d) Procedures.
(1)(A) The division shall explore, as needed, permissible alternatives for housing division inmates with the federal government, governmental agencies of Arkansas and other states, political subdivisions of Arkansas and other states, counties, regional correctional facilities, and private contractors.
(B) The following shall be considered:
(i) Licensed medical staff and access to prescribed medications must be available on-site, and access to emergency medical treatment (including off-site) must be available twenty-four hours per day, seven days per week;
(ii) Ability to:
(a) Follow the division’s policies, including administrative directives concerning:
(1) Inmate grievances;
(2) Inmate classification;
(3) Inmate disciplinary manual;
(4) Religious services manual; and
(5) Healthcare policies; and
(b) Provide hygiene and other necessary items;
(iii) Access to law library items specified by the board’s compliance attorney, access to Arkansas courts, meals approved by a licensed dietician, and specified division personnel’s and members of the board’s right to inspect and visit without prior notice shall be required in any agreement; and
(iv) Agreement that any inmate shall be returned to the custody of the division upon request.
(2) The division shall not enter into any agreement with any third party to house division inmates without the prior review and approval of both board and the Governor.
(3) Any facility owned or leased by any third party for the purpose of housing division inmates shall comply with all constitutional standards of the United States and the State of Arkansas.
(4) The division shall not enter into any agreement with any third party to house division inmates unless the agreement provides for full compliance with any applicable requirements of the Corrections Cooperative Endeavors and Private Management Act, Arkansas Code §§ 12-50-101 – 12-50-111.
"Section Number: 894
Page Number: 1 of 2
Board Approval Date: 11-23-2015
Supersedes: N/A
Dated: 11-23-2015
Reference: Ark. Code Ann. §12-27-103 and Ark. Code Ann. § 12-50-101-111
Effective Date: 12-03-2015"
"I. AUTHORITY:
The Board of Correction is vested with the authority to promulgate this Administrative Rule by Ark. Code Ann. § 12-27-105. The Board of Correction has the authority to cooperate and contract with third parties to provide and improve correctional operations and to house Department of Correction inmates. Ark. Code Ann. § 12-27-103(b)(14)."
"VI. REFERENCE:
Ark. Code Ann. §12-27-103.
Ark. Code Ann. § 12-50-101-111."