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004.03.1-834. Procedure for Handling Disciplinary Infractions of Mentally Disordered Inmates

AR ADC 004.03.1-834Arkansas Administrative CodeEffective: May 21, 2018

West's Arkansas Administrative Code
Title 004. Department of Corrections
Division 03. Office of the Secretary
Rule 1. Administrative Rules
Inmate and Program Management
Effective: May 21, 2018
Ark. Admin. Code 004.03.1-834
Formerly cited as AR ADC 004.00.2-834
004.03.1-834. Procedure for Handling Disciplinary Infractions of Mentally Disordered Inmates
Currentness
I. AUTHORITY:
The authority of the Board of Corrections to promulgate this Administrative Rule is A.C.A. 12-27-105.
II. PURPOSE:
To ensure that policies and procedures for management of inmate behavior adequately take into account serious mental illness. Also to ensure that appropriate treatment interventions are considered and made accessible to reduce the likelihood of future misbehavior. And these treatment interventions are consistent with treatment goals so as not to cause regression or deterioration of the inmate's mental condition.
III. APPLICABILITY:
To all inmates identified as having a history of serious mental illness, or suspected at any point to be developing serious mental illness. To all staff involved in the disciplinary process, supervising inmates in segregated areas, or involved in health and correctional programs.
IV. DEFINITIONS:
A. Evaluation: A mental health evaluation performed under the supervision of a licensed practitioner, and which includes, at a minimum, direct contact with the inmate.
B. Recommendations: Statements made and signed by a licensed clinician may include, but are not limited to, the following: a strategy for preventing future repetitions of the misbehavior while maintaining the mental health of the inmate; suggestions for placement of the inmate; and treatment plan considerations for the inmate.
C. Serious Mental Illness: This is defined as symptoms of a diagnosable mental disorder that impairs an individual's functioning and disrupts the capacity to cope with the ordinary demands of life.
V. POLICY:
It is the policy of the Arkansas Department of Correction and a goal of the correctional process to teach self-control and personal responsibility for behavior to all inmates in its custody. It is recognized that inmate behavior may be influenced by serious mental illness, and that such influences must be taken into account in pursuing the goals set out in this policy.
VI. PROCEDURES:
A. At intake an evaluation will be done on all inmates entering the Arkansas Department of Correction and a mental health classification will be assigned as recommended by licensed mental health staff, and documented in the appropriate records.
B. This classification will be reviewed and updated during the inmate's incarceration.
C. Inmates who are identified as seriously mentally ill shall, at the time disciplinary charges are filed, be referred for an evaluation. At any point during the disciplinary process, an inmate suspected of being mentally ill can be referred for an evaluation.

Credits

Eff. May 26, 1988. Amended May 21, 2018.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 004.03.1-834, AR ADC 004.03.1-834
End of Document