PREVIOUS
12 CAR § 60-304. Administrative transfer
12 CAR § 60-304. Administrative transfer.
(a) Purpose. To establish criteria for the administrative transfer of individuals from the Division of Correction to a community correction center operated by the Division of Community Correction.
(b) Applicability. Employees of the Division of Correction and Division of Community Correction.
(c) Definitions. As used in this section:
(1) “Community correction center” means a minimum or medium security alcohol and drug treatment facility operated by the Division of Community Correction;
(2) “eOMIS” means the electronic Offender Management Information System, or its successor;
(3) “Inmate” means a person sentenced to a term of incarceration in the Division of Correction; and
(4) “Target offense” means an offense that falls into the target group, as defined by Arkansas Code § 16-93-1202(10).
(d) Policy. It shall be the policy of the Board of Corrections to transfer eligible inmates from the Division of Correction to a community correction center (CCC) operated by the Division of Community Correction.
(e) Procedures.
(1) Authorization for administrative transfer. Pursuant to Arkansas Code § 12-27-127, the Division of Correction is authorized to administratively transfer a statutorily eligible inmate to a community correction center if the inmate is eligible for placement, unless the court indicates on the sentencing order that the inmate is not authorized for administrative transfer.
(2) Eligibility for administrative transfer.
(A) An inmate is eligible for administrative transfer to a CCC if the:
(i) Inmate is sentenced to a term within the statutory parameters;
(ii) Inmate’s current convictions are comprised of target offenses;
(iii) Inmate does not have a history of violent or sexual offenses;
(iv) Inmate does not have a disciplinary history that disqualifies him or her from placement in a CCC; and
(v) Sentencing order does not prohibit administrative transfer.
(B) The Division of Community Correction shall maintain a list of criminal offenses and designate each as either:
(i) A target offense;
(ii) Not a target offense; or
(iii) A potential target offense.
(C) However, the Director of the Division of Community Correction retains discretion over admittance of an inmate into a community correction center and may exclude an inmate who is otherwise eligible for reasons including, but not limited to:
(i) Facts of the current case;
(ii) Disciplinary status while incarcerated; or
(iii) Behavior while on a current or previous term of supervision.
(3) Screening procedures.
(A) All sentencing orders assigning the defendant to the Division of Correction will be reviewed for CCC eligibility by Division of Correction Central Records.
(B)(i) If the sentencing order does not authorize administrative transfer, the inmate will not be administratively transferred.
(ii) The inmate will be designated as not authorized in eOMIS and the Division of Correction intake process will begin.
(C) If the sentencing order does authorize administrative transfer, Division of Correction Central Records will make a preliminary eligibility determination based on the following:
(i) First, if the total time to serve on all offenses is outside the statutory guidelines for programming and a judicial transfer sentence, the inmate is determined to be ineligible for administrative transfer to a CCC; and
(ii) Second, if any of the offenses on the current sentencing order are designated as not a target offense by the Division of Community Correction, the inmate is determined to be ineligible for administrative transfer to a CCC.
(D) For inmates determined to be ineligible during the preliminary eligibility determination, Division of Correction Central Records will notate the reason that the inmate is ineligible for administrative transfer in eOMIS and begin the Division of Correction intake process.
(E) Division of Correction Central Records will forward sentencing orders for inmates who are determined to be preliminarily eligible for administrative transfer to Division of Community Correction Central Records for eligibility screening.
(F)(i) Division of Community Correction Central Records will screen the inmate and make a final determination on eligibility for placement in a community correction center.
(ii) The screening conducted by Division of Community Correction Central Records will cover, at a minimum, the inmate’s:
(a) Current offenses;
(b) Criminal history;
(c) History of discipline while incarcerated; and
(d) Violation history while under supervision.
(iii) After conducting the screening, Division of Community Correction Central Records will designate the inmate as either eligible for placement or ineligible for placement in eOMIS.
(iv) If the inmate is determined to be ineligible for placement, Division of Community Correction Central Records will notate why the inmate is ineligible in eOMIS and remit the record back to Division of Correction Central Records.
(v) If the inmate is determined to be eligible for placement, Division of Community Correction Central Records will determine if the inmate is appropriate for placement in a CCC.
(G)(i) When analyzing whether an inmate is suitable for placement in a CCC, Division of Community Correction Central Records will consider the criminogenic, mental health, and substance abuse treatment needs of the inmate.
(ii) If the inmate is determined to be not suitable for placement, Division of Community Correction Central Records will notate why the inmate is not suitable for placement in eOMIS and remit the record back to Division of Correction Central Records.
(iii) If the inmate is determined to be suitable for placement, Division of Community Correction Central Records will begin the Division of Community Correction intake process for the inmate.
(f) Implementation.
(1) The Secretary of the Department of Corrections or appropriate division director may issue directives to implement the guidance contained within this section.
(2) Implementation of this section may be delayed until any necessary directives are issued and any required programming changes to eOMIS have been completed.
"Section Number:
ADC 805 / ACC 9.0
Page Number: 1 of 3
Board Approval Date:
2/24/2022
Supersedes: New
Dated: 2/24/2022
Reference:
A.C.A. § 12-27-127
Effective Date: 3/7/2022"
"I. AUTHORITY:
The authority to promulgate this rule is vested in Act 423 of 2017, Regular Session, and Act 55 of 2021, Regular Session [A.C.A. § 12-27-127]."
"VIII. A.C.A. REFERENCES:
A.C.A. § 12-27-127
A.C.A. § 16-93-1202"