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12 CAR § 60-204. Terminal illness or permanently incapacitated
12 CAR § 60-204. Terminal illness or permanently incapacitated.
(a) Applicability. This section applies to medical staff, consulting physicians, members of the public, and to administrative staff of the Division of Correction and Division of Community Correction and to inmates/residents identified by a physician as terminally ill or permanently incapacitated.
(b) Policy. The medical service provider, Division of Correction, and Division of Community Correction must establish a process to identify and bring to the attention of the Post-Prison Transfer Board for transfer to community supervision terminally ill and permanently incapacitated inmates/residents who meet criteria in this section.
(c) Definitions. As used in this section:
(1) “Permanent incapacitation” means a medical condition that is not necessarily terminal but renders an offender permanently and irreversibly incapacitated and requires immediate and long-term care, in the opinion of two (2) licensed physicians pursuant to law; and
(2) “Terminal illness” means an incurable condition that will likely result in death within two (2) years due to illness or disease, in the opinion of two (2) licensed physicians.
(d) Eligibility criteria for early medical release. Individuals sentenced to the Division of Correction or Division of Community Correction may be eligible for early release to community supervision pursuant to Arkansas Code § 12-29-404 et seq., with approval of the Post-Prison Transfer Board when two (2) licensed physicians agree the individual meets the definition of permanently incapacitated and/or terminally ill with exception of the following:
(1) Under sentence of death;
(2) Sentenced to life imprisonment without parole eligibility;
(3) Sentenced to life imprisonment (sentence not commuted to a term of years by executive clemency pursuant to Arkansas Code § 16-93-601 et seq.);
(4) Assessed as a Level 3 or higher sex offender; or
(5) Required to register as a sex offender and his or her victim of one (1) or more sex offenses was fourteen (14) years of age or younger.
(e) Procedure.
(1) Each division director shall provide procedures to be followed within their division to bring individuals within their custody to the attention of the Post-Prison Transfer Board upon recognition that an offender is terminally ill or permanently incapacitated.
(2) Staff from the division having custody of the individual, including medical and mental health staff, will provide any assistance requested by the Post-Prison Transfer Board/court in generating a release plan that appropriately addresses the medical/mental health needs of the inmate/resident.
"Section Number:
ADC 850
AR 7.19
Page Number: 1
Board Approval Date:
08/02/2013
Supersedes:
DOC 850
DCC 7.19
Dated:
09/20/95
Reference:
Effective Date:
09/13/2013"
"I. AUTHORITY
The Board of Corrections is vested with the authority to promulgate administrative rules by Ark. Code Ann. §§ 12-27-105, 16-93-1203, and 16-93-1205."
"VI. REFERENCES
Ark. Code Ann. §12-29-404 §12-12-901, §5-4-607, and §16-93-601 et. seq.."