159.00.1-7.19. Offenders with an Incurable Illness or Permanently Incapacitated.
AR ADC 159.00.1-7.19Arkansas Administrative Code
Ark. Admin. Code 159.00.1-7.19
159.00.1-7.19. Offenders with an Incurable Illness or Permanently Incapacitated.
II. PURPOSE. To establish the criteria for determination of incurable illness and permanent incapacitation, and the procedures for referring offenders meeting those criteria to the Post Prison Transfer Board (PPTB) or court of jurisdiction who will make a determination of eligibility for transfer to DCP community supervision.
III. APPLICABILITY. To convicted felons not under sentence of death who have been identified by a physician as having an incurable illness or to be permanently incapacitated, to medical staff and consulting physicians, and to administrative staff of the Arkansas Department of Correction (ADC) and Department of Community Punishment (DCP).
B. Permanently Incapacitated. A condition resulting from illness, trauma, or age that renders the individual incapable, either mentally or physically of planning or carrying out future criminal behaviors, and debilitates the individual to a point that a specialized medical setting is required for long term care. This condition, in the independent opinion of two physicians, is considered not to be substantially reversible in standard medical practice.
A. Upon recognition that an offender is incurably ill or permanently incapacitated, the physician shall make this condition known in writing to the Medical Director, clearly stating the diagnosis and prognosis and the degree to which the condition affects the capacity of the offender to carry out voluntary and self-care activities.
F. The Assistant Parole Administrator/Assistant Director of Field Operations shall cause any field investigations, contacts or other actions specified by the Post-Prison Transfer Board to be done, and shall forward the information to the Post-Prison Transfer Board or court of jurisdiction in the case of DCP, Probation or Suspended Imposition of Sentence (SIS) Residents pursuant to state law and DCP Administrative Directives.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 159.00.1-7.19, AR ADC 159.00.1-7.19
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