12 CAR § 60-105. Funds of offenders
12 CAR § 60-105. Funds of offenders.
(a) Purpose. To ensure that proper and accurate accounting records for funds of offenders are maintained at each facility.
(b) Applicability. To the warden/center supervisor/accounting staff of each facility responsible for the establishment and maintenance of book of account.
(c) Definition. As used in this section, “offenders” means persons sentenced to the Division of Correction or to the Division of Correction for judicial transfer to the Division of Community Correction or confined in a community correction center as a condition of:
(1) Probation;
(2) Suspended imposition of sentence; or
(3) Post-prison transfer.
(d) Policy. The policy of the Board of Corrections is to ensure that proper and accurate accounting records for funds of offenders are maintained at each facility.
(e) Procedure.
(1)(A) Each facility warden/center supervisor ensures that appropriate staff work within the guidelines established by the Administrative Services Division of the Department of Corrections that clearly and accurately depict receipts and disbursement transactions and balances for each offender's account.
(B) The responsibility of the warden/center supervisor for maintenance of offenders' accounts includes, but is not limited to:
(i) Establishment, and notification to offenders, of procedures whereby moneys are deposited to offender accounts; and
(ii) Establishment, and notification to offenders, of procedures whereby the offender may disburse or otherwise use personal funds.
(2)(A) Personal funds of offenders will be given to the offender at the offender's release from custody.
(B) In the event of transfer to another facility of the Department of Corrections or a corrections institution outside the Division of Correction/Division of Community Correction, the funds will be sent to the receiving facility.
(C) In the event that an offender is no longer in the custody of the Department of Corrections, and personal funds of the offender remain on the books of account of the facility, the moneys in the account will be provided to the Administrative Services Division to be permanently held for subsequent claim by the offender.
(D) The Administrative Services Division may release such funds only to individuals that are properly authorized to make the claim, to include adherence to the appropriate policy or directive in the event of the death of the offender to whom the funds belong.
(3)(A) In no event will money be maintained for more than seven (7) years.
(B) At that time, funds would be deposited into the Offender Assistance or Welfare Fund.
"Section Number: Page Number:
DCP 2.8
DOC 109 1 of 2
Board Approval Date: 2/17/94
Supersedes: Dated:
DCP 2.8 1/19/94
DOC 109 11/21/85
Reference: Effective Date:
AD 88:02 3/10/94"
"I. AUTHORITY:
The Board of Correction and Community Punishment is vested with the authority to promulgate Administrative Rules by Act 50 of 1968, Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session (Ark. Code Ann. ss 16-93-1203 and 12-27-105 of 1993)."
"VIII. REFERENCES:
3-4045; 3-4047 (ACA Standards)"