004.03.1-1316. Emergency Powers Act -- County Jail Backlog
AR ADC 004.03.1-1316Arkansas Administrative Code
Ark. Admin. Code 004.03.1-1316
Formerly cited as AR ADC 004.00.2-1316
004.03.1-1316. Emergency Powers Act -- County Jail Backlog
The authority of the Board of Corrections to promulgate this Administrative Rule is vested in Act 50 of 1968, First Extraordinary Session, as amended; Act 418 of 1987, Regular Session; Act 684 of 1991, Regular Session; Act 1721 of 2003, Regular Session, and A.C.A. 12-28-601 -- 12-28-606.
To establish the policy by which the Board of Corrections may, when the county jail backlog exceeds 500 inmates, release eligible inmates from the Department of Correction prior to their normal release date.
The Board of Corrections; all departmental employees, especially those involved in release processing; and all inmates.
It shall be the policy of the Department of Correction and the Board of Corrections to review the inmate population of the Department and, at the Board's discretion, invoke the Emergency Powers Act based on a county backlog exceeding 500.
Overcrowding based on county jail backlog.
A. When the board declares a prison overcrowding state of emergency due to the county jail backlog exceeding five hundred (500) inmates and notifies the Director of the Department of Correction of the emergency as authorized, the director shall certify to the board a list of those eligible inmates who are in Class I or Class II status who have been incarcerated in a Department of Correction facility for a minimum of six (6) months and are serving a sentence for a nonviolent offense as established by the Board of Corrections and the director shall indicate which eligible inmates he or she recommends.
Credits
Eff. July 25, 2003.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 004.03.1-1316, AR ADC 004.03.1-1316
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