PREVIOUS
12 CAR § 60-110. Transfer eligibility to the Division of Community Correction
12 CAR § 60-110. Transfer eligibility to the Division of Community Correction.
(a) Purpose. To establish criteria for inmate transfer eligibility from the Division of Correction to the Division of Community Correction in accordance with conditions established by the Post-Prison Transfer Board.
(b) Applicability. To:
(1) Employees of the Division of Correction and the Division of Community Correction, especially those involved in the transfer of inmates from the Division of Correction to the Division of Community Correction and may include but not be limited to:
(A) Wardens/center supervisors;
(B) Records staff; and
(C) Institutional parole officers; and
(2) Inmates.
(c) Definitions. As used in this section, “inmates” means persons sentenced to the:
(1) Division of Correction; or
(2) Division of Correction but judicially transferred to the Division of Community Correction.
(d) Policy. It shall be the policy of the Board of Corrections to transfer inmates upon their parole or transfer eligibility date from the Division of Correction to the Division of Community Correction subject to approval and conditions set by the Post-Prison Transfer Board.
(e) Procedures.
(1) Transfer provisions.
(A) Persons who commit felonies prior to January 1, 1994, and who were convicted and incarcerated for those felonies, shall be eligible for release on parole in accordance with the parole eligibility law in effect at the time the crime was committed.
(B) Persons who commit felonies on or after January 1, 1994, and who are convicted and incarcerated for those felonies, shall be eligible for transfer to the Division of Community Correction as follows:
(i) Inmates under sentence of death or life imprisonment without parole shall not be eligible for transfer but may be pardoned or have their sentence commuted to a term of years; and
(ii)(a) Inmates convicted of a target offense under the Community Punishment Act, Acts 1993, Nos. 531 and 548, may be committed to the Division of Correction and judicially transferred to the Division of Community Correction as stated on the court commitment.
(b) A copy of the commitment shall be forwarded to the Division of Correction.
(c) The Division of Community Correction shall take over supervision of the inmate in accordance with the court order.
(C) All other inmates who are incarcerated shall be eligible for transfer to the Division of Community Correction after having served:
(i) One-third or one-half, with credit for good time, of their sentence depending on the seriousness determination made by the Arkansas Sentencing Commission; or
(ii) One-half with credit for meritorious good time, of the time to which their sentence is commuted by executive clemency.
(D) Specific guidelines used in computing an inmate's parole or transfer eligibility date shall be included in the appropriate administrative directive or directives and or records manual.
(2) Transfer procedures.
(A) The Division of Correction or the Division of Community Correction shall provide designated representatives of the Post-Prison Transfer Board:
(i) Information regarding an inmate's transfer eligibility date and disciplinary record; and
(ii) When appropriate, notice from the victim or next-of-kin requesting input on transfer conditions.
(B) Every inmate while on transfer status shall remain:
(i) In the legal custody of the Division of Correction, under the supervision of the Division of Community Correction; and
(ii) Subject to the orders of the Post-Prison Transfer Board.
(C) The appropriate administrative directive or directives and/or operating manuals shall include specific eligibility criteria for transfer review.
(3) Revocation of transfer. In the event an inmate violates terms or conditions of the transfer, revocation procedures shall follow all legal requirements applicable to parole and shall be subject to any additional policies and rules set by the Post-Prison Transfer Board.
This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:
"Section Number: Page Number:
DOC 1301
DCP 8.1 1 of 2
Board Approval Date:
10-18-02
Supersedes: Dated:
DOC 1301 1/1/94
DCP 8.1
Reference: Effective Date:
12/01/02"
"I. AUTHORITY:
The authority to promulgate this rule is vested in Act 549 of 1993, Regular Session, and Act 534/555 of 1993, Regular Session; and A.C.A. 16-93-1301 -- 1304."
"VII. A.C.A. REFERENCES:"