158-00-13 Ark. Code R. § 1

Current through Register Vol. 49, No. 3, March, 2024

Rule 158.00.13-001 - Early Release Program for Offenders to Transitional Housing Facilities

expedited by the ADC. This compiled list shall consist of those individuals who are within 6 months of becoming Transfer Eligible but may be expanded in scope as the need arises. This list shall contain at a minimum the names, ADC #, and county where these offenders are being held. Once this list is certified by the Board Chairman or their designee, it shall be transmitted to the ADC and they shall in turn schedule these offenders for intake.

Once these individuals are brought in to the Department, ADC shall notify DCC-Institutional Release Services of their Intake. DCC shall immediately begin the process of scheduling these offenders for the next upcoming Board. Offenders with non-discretionary convictions and those without an active conviction for a sexual offense shall be transmitted to the Board as a screening. Offenders whose conviction is discretionary and those who have an active conviction for a sexual offense shall be scheduled for a hearing. Offenders convicted of "Failure to Register" on a discharged registerable offense shall be scheduled for a screening.

Electronic Monitoring of Offenders

Based on the pre-established criteria in Arkansas Code Ann. § 16-93-711, the Director of ADC or DCC will request the Board consider the release of certain inmates to electronic monitoring after they have served 120 days of their sentence. The Board will consider these offenders under the normal guidelines that apply to the screening process.

Inmates released under this section shall remain on electronic monitoring for at least 90 days or until their transfer eligibility date, whichever is sooner.

Early Release Program for Offenders to Transitional Housing Facilities - Act 679 of 2005

Offenders held in the Department of Correction (ADC), other than those excluded below, shall be eligible for early release to a transitional housing facility, or an equivalent entity, licensed by the Department of Community Correction (DCC) up to one (1) year prior to the offender's date of eligibility for parole or transfer. An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility for the purposes of this program. Offenders released under this program must reside at an approved transitional housing facility until they reach their eligibility date.

It is determined that there is a reasonable probability that an offender within one (1) or more or the following categories cannot be placed in a transitional housing facility under the provisions of this program without posing a detriment to the community or the offender. Therefore an offender is not eligible for this program if:

1. They have failed to maintain Class I or II status at the time of petition or between the time of their hearing and release to the transitional housing facility.

2. They have served less than 6 months in the Department of Correction. Time served in the county jail shall not be counted toward program eligibility.

3. They have been convicted of any of the following:

a. Any homicide, §§ 5-10-101 - 5-10-105

b. Battery in the first degree, § 5-13-201

c. Domestic battering in the first degree, § 5-26-303

d. Kidnapping, § 5-11-102

e. Aggravated robbery, § 5-12-103

f. Causing a catastrophe, § 5-38-202(a)

g. Engaging in a continuing criminal enterprise, § 5-64-405

h. Simultaneous possession of drugs and firearms, § 5-74-106

4. They have been convicted of any offense requiring registration under § 12-12-903 (Sex Offender Registration Act of 1997).

5. They have been convicted of any offense determined by the Board to, by its nature or definition, involves violence, the threat of violence, the potential threat of violence, or the disregard for the safety of the lives of others.

6. They have received a disciplinary or conviction (§§ 5-54-110 - 5-54-112 ) for behavior related to an escape, or an attempted escape, from the ADC, DCC, or a law enforcement agency.

Eligible offenders shall submit a written petition the Board for consideration under this program through their unit Institutional Release Officer. Once a petition has been received and the offender's eligibility has been determined, the offender shall be scheduled for an Act 679 hearing before the Board. Hearings scheduled under this program shall follow the distribution of all applicable notices under § 16-93-615 and all applicable policies established by the Board pertaining to a parole/transfer hearing (to include the right to appeal a denial of eligibility or release) and by the Department of Community Correction (DCC) pertaining to parole plan approval.

Inmates released under this program shall be supervised by officers of the DCC under the guidelines of the Act 679 Conditions of Release established by the Board (see Board Manual Attachments). The conditions must be based on a reasoned, rational plan developed in conjunction with validated risk-needs assessment and include at minimum a curfew requiring an offender placed in a transitional housing facility under this program to present themselves at a scheduled time to be confined in the transitional housing facility.

An offender who without permission leaves the custody of the transitional housing facility in which he or she is placed may be subject to criminal prosecution for escape, §§ 5-54-110 - 5-54-112. Facilities receiving an offender released under this program shall be provided with information by DCC on reporting an offender who without permission leaves the custody of the facility prior to their eligibility date.

Revocation of placement in transitional housing must follow the revocation proceedings established in § 16-93-705.

Supervision of Parolees

Supervision of parolees is done on behalf of the Board, by the Department of Community Correction. In consultation with the Board, DCC is authorized to establish written policies and procedures for the supervision of parolees. The supervision of parolees shall be based on evidenced-based practices including a validated risk/needs assessment. Decisions shall target the parolee's criminal risk factors with appropriate supervision and treatment designed to reduce the likelihood to reoffend. Further guidance for parole supervision can be found in Arkansas Code Ann. § 16-93-712

Every parolee, while on release, shall be subject to the orders of the Board. Failure to abide by any of the conditions as instructed may result in revocation of his/her conditional release.

158.00.13 Ark. Code R. § 001

2/1/2013