004.00.20 Ark. Code R. 046

Current through Register Vol. 49, No. 10, October, 2024

Rule 004.00.20-046 - AR 109 Funds of Offenders

I.AUTHORITY:

The Board of Correction and Community Punishment is vested with the authority to promulgate Administrative Rules by Act 50 of 1968, Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session (Ark. Code Ann. ss 16-93-1203 and 12-27-105 of 1993).

II.PURPOSE:

To ensure that proper and accurate accounting records for funds of offenders are maintained at each facility.

III.APPLICABILITY:

To the warden/center supervisor/accounting staff of each facility responsible for the establishment and maintenance of book of account.

IV.DEFINITIONS:

Offenders: Persons sentenced to the Department of Correction or to the Department of Correction for judicial transfer to the Department of Community Punishment or confined in a community punishment center as a condition of probation, suspended imposition of sentence or post prison transfer.

V.POLICY:

The policy of the Board of Correction and Community Punishment is to ensure that proper and accurate accounting records for funds of offenders are maintained at each facility.

VI.PROCEDURE:

A. Each facility warden/center supervisor ensures that appropriate staff work within the guidelines established by the Department's Administrative Services Division that clearly and accurately depict receipts and disbursement transactions and balances for each offender's account. The responsibility of the Warden/Center Supervisor for maintenance of offenders' accounts includes, but is not limited to...

1. Establishment, and notification to offenders, of procedures whereby monies are deposited to offender account(s).

2. Establishment, and notifications to offenders, of procedures whereby the offender may disburse or otherwise use personal funds.

B. Personal funds of offenders will be given to the offender at the offender's release from custody. In the event of transfer to another facility of the Department or a corrections institution outside the Arkansas Department of Correction/Community Punishment, the funds will be sent to the receiving facility. In the event that an offender is no longer in the custody of the Department, and personal funds of the offender remain on the books of account of the facility, the monies in the account will be provided to the Department's Administrative Services Division to be permanently held for subsequent claim by the offender. The Administrative Services Division may release such funds only to individuals that are properly authorized to make the claim; to include adherence to the appropriate policy or directive in the event of the death of the offender to whom the funds belong.

C. In no event will money be maintained for more than seven (7) years. At that time, funds would be deposited into the Offender Assistance or Welfare Fund.

VII.REFERENCES:

3-4045; 3-4047 (ACA Standards)

Board Approval Date: 2/17/94

Effective Date: 3/10/94

004.00.20 Ark. Code R. 046

Adopted by Arkansas Register Volume MMXXI Number 07, Effective 1/17/2020