PREVIOUS
16 CAR § 30-101. Community correction center criteria and standards
16 CAR § 30-101. Community correction center criteria and standards.
(a) Applicability. This section applies to:
(1) Residents of and offenders being considered for transfer to Division of Community Correction community correction centers (CCCs) other than technical violator centers; and
(2) Staff.
(b) Policy. It is Division of Community Correction policy to operate residential facilities that adhere to established criteria and standards for the effective provision of restoration opportunities for offenders referred to CCCs, and to continuously review resident progress and recommend early release to the Post-Prison Transfer Board when program completion criteria is met, with primary concern for the safety and welfare of people of the state of Arkansas.
(c) CCC admission criteria. An offender eligible for admission to a CCC is a felon:
(1) Who is eligible by law for such sentence;
(2) Whose crime or crimes fall within the targeted population as set forth in Arkansas Code § 16-93-1202;
(3) Whose period to be confined in a CCC does not exceed:
(A) One (1) year for a defendant placed on probation or for whom the court suspended the imposition of sentence, accompanied by assignment to a CCC;
(B) One (1) year for referrals by the Post-Prison Transfer Board; or
(C) Two (2) years for a commitment to the Division of Correction for judicial transfer to the Division of Community Correction;
(4) Who has not been previously convicted of a violent and/or sex related felony, disciplined in a jail/correctional institution for violent and/or sexual misconduct, and has no known record of mental disorders that would indicate a propensity for violence;
(5) Who has no pending felony detainers for a nontarget offense filed against him or her; and
(6) Who does not otherwise pose an undue public risk to the safety and security of the community.
(d) Standards.
(1) Admission.
(A) Eligibility must be verified upon admission.
(B) To be admitted, an offender must have an appropriate commitment document.
(C) Intake medical examinations will be completed within three (3) working days of admission except for Post-Prison Transfer Board transfers directly from the Division of Correction who have been examined at the Division of Correction within the last six (6) months.
(D) Treatment staff will assess the offender and develop and implement an appropriate treatment plan.
(2) Credit for time spent in custody. Credit for time spent in either presentencing or post-sentencing custody will be granted unless such credit has been waived pursuant to an agreement between the offender and the sentencing court.
(3) Good time. Offenders committed to the Division of Correction with judicial transfer to the Division of Community Correction may earn good time in accordance with rules and state statute.
(4) Community work crew projects. When work projects are conducted, center staff shall adhere to the following:
(A)(i) Work crews will be organized and operated in accordance with agency guidance.
(ii) Only supervised community work crews are authorized to work outside the CCC unless alternative supervision has been arranged through a work agreement approved by the Deputy Director of Residential Services;
(B) Projects are limited to the following unless otherwise approved by the Director of the Division of Community Correction:
(i) Beautification of highways, roads, ditches, and/or designated community areas;
(ii) Landscaping;
(iii) General maintenance/cleanup;
(iv) Building renovation; and
(v) Rebuilding and demolition projects;
(C) Community work crew projects are authorized only for the following entities, in priority order:
(i) State government;
(ii) County government;
(iii) City government;
(iv) Private nonprofit organizations/agencies;
(v) Federal government; and
(vi) Private property when engaged by the state, county, or city government;
(D) Director and Board of Corrections approval is required for any community work crew projects for pay; and
(E) Staff may not engage community work projects where there is foreseeable danger (health and safety) to the:
(i) Public;
(ii) Work site staff; and/or
(iii) Residents.
(5) Assignment/program participation agreement.
(A) Residents will:
(i) Receive orientation;
(ii) Agree to abide by CCC rules;
(iii) Participate in self-improvement programs; and
(iv) Perform work program assignments.
(B) Programs, job assignments, and activities will be designed to:
(i) Promote public safety; and
(ii) Assess and address resident needs and abilities without discrimination.
(6) Failure to meet criteria/violation of terms.
(A) Confinement in a CCC is conditioned upon:
(i) Meeting the criteria specified in subsection (c) of this section; and
(ii) The resident’s continued compliance with all applicable rules established by Board of Corrections policy and agency guidance.
(B) A resident who violates such rules is subject to disciplinary action up to and including submission of a violation report with a revocation recommendation to the Post-Prison Transfer Board or the court as follows:
(i)(a) A resident who violates the terms and/or conditions of transfer is entitled to a hearing by the Post-Prison Transfer Board to determine noncompliance that warrants transfer to the Division of Correction.
(b) The resident may waive the right to a hearing;
(ii)(a) A transferred resident who no longer satisfies CCC criteria and standards will be recommended for administrative transfer to the Division of Correction and transferred upon Post-Prison Transfer Board approval.
(b) The resident will be provided a written notice of ineligibility and supporting reasons for the transfer.
(c) Only after the administrative transfer and only to contest the factual basis of the determination of ineligibility may the resident be entitled to a Post-Prison Transfer Board hearing;
(iii) Post-Prison Transfer Board decisions are final and provided in writing to the:
(a) Division of Correction;
(b) Division of Community Correction; and
(c) Resident; and
(iv) A resident who violates the terms or conditions under which the imposition of his or her sentence was suspended or fails to meet the center criteria/standards will be:
(a) Reported to his or her court of jurisdiction; and
(b) Treated in accordance with its determination.
(7) Completion and release criteria.
(A)(i) Upon completion of the period of confinement, residents will sign a condition of release contract or terms or conditions of probation/SIS, where appropriate, and will be transferred to the supervision (at varying levels of intensity) of a parole/probation officer in the community, except as otherwise ordered by the court.
(ii) Prior to release, the residents will agree to an approved release plan.
(B) An offender judicially transferred to a Division of Community Correction CCC is eligible for release by the Post-Prison Transfer Board when he or she meets the following criteria for completion of the program:
(i) Completion of at least two hundred seventy (270) days in a CCC, excluding jail time credit;
(ii) Obtained no cardinal rule violations within the past ninety (90) days that resulted in loss of class and/or good time or disciplinary detention or the center supervisor has considered such violations and made a recommendation for early release;
(iii) Demonstrated consistent use of modified therapeutic community concepts to include booking tickets and confrontations as determined by the treatment coordinator;
(iv) Made reasonable progression through status levels through review of input by counselor and staff on duty;
(v) Is current with master treatment plan objectives;
(vi) Actively participated in the twelve-step program and satisfactorily demonstrated knowledge of steps one (1) through four (4); and
(vii) Completion of phase 3.
(C) The center supervisor is responsible to ensure timely and appropriate reviews and recommendations to the Post-Prison Transfer Board through the Deputy Director of Residential Services.
(D) Division of Community Correction staff must ensure transitional living facilities receiving offenders from the Division of Community Correction and the Division of Correction are licensed in accordance with Board of Corrections rules.
(E)(i) Recommendations should include the center supervisor’s certification of completion of the program, in accordance with the definition established in this section.
(ii) The Deputy Director of Residential Services shall ensure a consistent design and content of the certificate of completion and uniform Recommendation for Early Release form, approved by the management team, to establish and maintain consistency.
(iii) The original certificate should be provided to the resident with a copy maintained in the resident file.
(F)(i) If a cardinal rule violation occurs after the Post-Prison Transfer Board action to release a resident due to completion of the program, the Post-Prison Transfer Board should be notified immediately and requested to reconsider the release decision.
(ii) If the Post-Prison Transfer Board rescinds the previously approved release, the resident must wait until he or she meets the eligibility criteria again.
(G) Approved release documents will be provided to the Institutional Release Officer, who will:
(i) Ensure appropriate staff is advised of the Post-Prison Transfer Board decision; and
(ii) Process approved residents for release.
(e) Operational procedures. Procedures for operating CCCs will be outlined in agency guidance.
This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:
"Section Number: AR 1.4
Page Number: 1
Board Approval Date: 7/22/05
Supersedes: AR 1.4 Dated: 6/20/03
Reference: Secretary of State Code 159.00
Effective Date: 8/15/05"
"I. AUTHORITY. The Board of Corrections (Board) is vested with the authority to promulgate this administrative rule by Ark. Code Ann. '' 12-27-105, 16-93-1203, and 16-93-1205."
"VII. REFERENCES. Ark. Code Ann. '' 5-4-304, 5-10-101 et seq. through 5-14-101 et seq., 12-27-127, 12-29-205, 16-93-1201 et seq., and 16-93-1301 et seq.
VIII. ACA REFERENCES. American Correctional Association Performance Based Standards for Adult Community Residential Services, Fourth Edition, 4-ACRS-2A-07; 4-ACRS-6A-10 through -6A-11."