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12 CAR § 60-312. Inmates housed in county jails and city jails (Acts 1983, No 309)
12 CAR § 60-312. Inmates housed in county jails and city jails (Acts 1983, No. 309).
(a) Purpose. To establish rules pursuant to Acts 1983, No. 309, as amended, Acts 1991, No. 1112, as amended, Acts 1993, No. 532, as amended, and Acts 1997, Nos. 115 and 936, and to delineate the cooperative agreement to be executed.
(b) Applicability. To applicable staff of the Division of Correction to include, but not be limited to, Director of the Division of Correction, Deputy Director of Institutions, and staff involved in the approval process, to county officials (sheriffs), to city officials (mayor or chief of police), and to inmates.
(c) Policy.
(1) It shall be the policy of the Board of Corrections to allow the Director of the Division of Correction to sign cooperative agreements between county officials, city officials and the Division of Correction for the purpose of providing additional space for the care and custody of state inmates on a temporary basis in state-certified intermediate term adult detention facilities operated by counties and cities.
(2) It shall be the responsibility of the county and the city to ensure that assigned inmates are not used to provide personal services for private benefits, to act in a law enforcement capacity, nor supervise other inmates.
(3) Inmates released under Act 309 In-Jail and Act 309 Work will not be used to replace city, county, state, or federal employees.
(d) Definitions.
(1) Inmates transferred to a county jail or city jail under Acts 1983, No. 309, will be transferred under one (1) of the following programs:
(A) 309 In-Jail; or
(B) 309 Work.
(2)(A) “309 In-Jail” means inmates who are incarcerated within the division and have been accepted/requested by the county or city.
(B) These inmates must remain in the county jail or city facility, and the county or city will be reimbursed for housing these inmates.
(3)(A) “309 Work” means an inmate released to the jurisdiction of the sheriff or chief of police who may, upon approval of the director be utilized by the county or city to work in and around governmental property/projects while under supervision of the sheriff or chief of police or designee.
(B) These inmates will be housed in the county or city jail.
(C) The county or city will be reimbursed for these inmates.
(D) The county or city will be responsible for adequate medical care of these inmates as described in the cooperative agreement between the division and the county or city jail.
(e) Procedures.
(1) The Deputy Director of Institutions shall be responsible for administering the program, including:
(A) Ascertaining and promoting the interest of the sheriff or chief of police in the program; and
(B) Ensuring that an appropriate agreement is provided to all interested sheriffs or chiefs of police.
(2)(A) A cooperative agreement will be executed between the county or city and the division pursuant to:
(i) Acts 1983, No. 309, as amended;
(ii) Acts 1991, No. 1112;
(iii) Acts 1993, No. 532, as amended; and
(iv) Acts 1997, Nos. 115 and 936.
(B) Counties and cities requesting contracts for the first time or who do not currently have a contract must be approved by the Board of Corrections prior to entering into contract for participation in the Act 309 program.
(3)(A) Should questions arise concerning the medical or mental health condition or case of an inmate participating in the Act 309 program, the Medical Services Administrator should be contacted.
(B) He or she will evaluate the situation to determine the type of treatment or services to render to the inmate.
(C) Some cases may require transferring the inmate back to the division.
(4) An administrative directive will be formulated to outline the procedures to be followed pertaining to:
(A) Acts 1983, No. 309, as amended;
(B) Acts 1991, No. 1112;
(C) Acts 1993, No. 532, as amended; and
(D) Acts 1997, Nos. 115 and 936.
"Section Number: Page Number:
1212 1 of 2
Board Approval Date:
6/27/97
Supersedes: Dated:
AR 1212 12/30/93
Reference: Effective Date:
8/3/97"
"I. AUTHORITY:
The Board of Correction and Community Punishment is vested with the authority to promulgate this administrative rule by Ark. Code Ann. § § 12-27-105, Act 309 of 1983, Regular Session, as amended; Act 1112 of 1991, Regular Session, as amended; and 532 of 1993, Regular Session, as amended; Acts 115 and 936 of 1997, Regular Session."