004.03.1-850. Terminal Illness or Permanently Incapacitated
AR ADC 004.03.1-850Arkansas Administrative Code
Ark. Admin. Code 004.03.1-850
Formerly cited as AR ADC 004.00.2-850
004.03.1-850. Terminal Illness or Permanently Incapacitated
The Board of Corrections is vested with the authority to promulgate administrative rules by Ark. Code Ann. §§ 12-27-105, 16-93-1203, and 16-93-1205.
This policy applies to medical staff, consulting physicians, members of the public, and to administrative staff of the Arkansas Department of Correction (ADC) and Department of Community Correction (DCC) and to inmates/residents identified b a physician as terminally ill or permanently incapacitated.
The medical service provider, ADC, and DCC must establish a process to identify and bring to the attention of the Parole Board for transfer to community supervision terminally ill and permanently incapacitated inmates/residents who meet criteria in this policy.
A medical condition that is not necessarily terminal but renders an offender permanently and irreversibly incapacitated and requires immediate and long-term care, in the opinion of two licensed physicians pursuant to law.
Individuals sentenced to the Arkansas Department of Correction (ADC) or DCC may be eligible for early release to community supervision pursuant to Ark. Code Ann. § 12-29-404 et. seq., with approval of the Parole Board when two licensed physicians agree the individual meets the definition of permanently incapacitated and/or terminally ill with exception of the following:
Credits
Eff. Sept. 20, 1995. Amended Sept. 13, 2013.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 004.03.1-850, AR ADC 004.03.1-850
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