PREVIOUS
12 CAR § 60-113. Meritorious good time
12 CAR § 60-113. Meritorious good time.
(a) Purpose. To ensure a uniform method of awarding meritorious good time in accordance with Arkansas Code.
(b) Applicability. Directors of the Division of Correction and Division of Community Correction, respective staff of the Division of Correction and Division of Community Correction responsible for administering meritorious good time, and inmates.
(c) Policy. It shall be the policy of the Board of Corrections to award inmates meritorious good time as a result of good discipline, behavior, work practices, job responsibilities, and involvement in rehabilitative activities while in the custody or supervision of the Division of Correction or Division of Community Correction.
(d) Definitions. As used in this section:
(1) “Inmate” means a person sentenced by court order to:
(A) The Division of Correction;
(B) The Division of Correction but judicially transferred to the Division of Community Correction; or
(C) A Division of Community Correction facility; and
(2) “Meritorious good time” means a reduction in an inmate's parole or transfer eligibility date up to thirty (30) days for each month incarcerated after imposition of sentence.
(e) Procedures.
(1) An inmate may be entitled to meritorious good time reducing their parole or transfer eligibility date up to thirty (30) days for each month incarcerated after imposition of sentence in one (1) of the units, facilities, or centers maintained by the Division of Correction or the Division of Community Correction.
(2) Release eligibility.
(A) Meritorious good time will not be applied to reduce an inmate's length of sentence.
(B)(i) Meritorious good time shall apply to an inmate's parole or transfer eligibility date from the Division of Correction or the Division of Community Correction.
(ii) Meritorious good time shall under no circumstances reduce an inmate's time served by more than one-half (1/2) of the percentage required by law for transfer eligibility.
(iii) Meritorious good time shall under no circumstances reduce an inmate's confinement in a community punishment facility by more than one-half (1/2).
(C) The Division of Correction or the Division of Community Correction shall determine a date at which the inmate who has acquired the maximum amount of meritorious good time necessary is to be administratively transferred to a less restrictive placement or supervision level within the Division of Community Correction.
(3) Class status.
(A) Inmates may be reclassified as often as necessary in accordance with applicable rules and/or policies in order to carry out the purposes of the law and to maintain good discipline, order, and efficiency at the units, facilities, and centers.
(B) Inmates who are reduced to the lowest class as a result of disciplinary action shall not be entitled to earn meritorious good time.
(C) Inmates serving a punitive disciplinary sentence shall not earn meritorious good time.
(4) Reduction in class status. Reduction in class status may occur as:
(A) A result of disciplinary action; or
(B) An administrative reassignment or demotion after a hearing conducted by a designated committee.
(5) Forfeiture and restoration of meritorious good time.
(A) Earned meritorious good time may be forfeited in accordance with the appropriate departmental policies upon conviction of a violation of departmental rules.
(B) The director of either the Division of Correction or the Division of Community Correction may restore lost good time in accordance with applicable procedures.
(6) Good time earned pending transfer to Division of Correction or Division of Community Correction. Any person who is sentenced by a circuit court to the Division of Correction or Division of Community Correction and is awaiting transfer may earn meritorious good time.
(7) Statutory good time. Inmates sentenced to the Division of Correction prior to April 2, 1971, shall be entitled to statutory good time as provided in Acts 1968, No. 50, provided no inmate shall ever receive a reduction of more than thirty (30) days for each month served.
(8) Effective date.
(A) Inmates whose offense date is prior to January 1, 1994, shall earn good time (including good time applied to the length of sentence) in accordance with the good time law in effect on the date of the offense.
(B) Inmates whose offense date is on or after January 1, 1994, shall earn good time in accordance with Acts 1993, Nos. 536 and 549.
"Section Number: Page Number:
DOC 826
DCP 7.9 1 of 3
Board Approval Date:
12/30/93
Supersedes: Dated:
AR 826 7/17/91
Reference: Effective Date:
1/1/94"
"I. AUTHORITY:
The authority to promulgate this administrative rule is vested in Act 549 of 1993, Regular Session, and Act 536 of 1993, Regular Session; A.C.A. 12-29-201--205."
"VII. A.C.A. REFERENCE:"