159.00.05 Ark. Code R. § 001 - AR 7.8 - Transitional Living Program Licensure
AR 7.8
TRANSITIONAL HOUSING FACILITY
LICENSE
I.
AUTHORITY. The
Board of Corrections (BOC) is vested with the authority to promulgate this
administrative regulation by Ark. Code Ann.
12-27-105,
16-93-1203,
16-93-1205
and Act 678 of 2005.
II.
APPLICABILITY. This policy applies to Department of Community
Correction (DCC) employees.
III.
POLICY. It is BOC policy that transitional housing facilities and
programs that provide services to DCC offenders meet the licensing standards
established in this policy to ensure a structured, positive, and safe
environment for offenders remanded for various transitional housing services
and for the safety of the community.
IV.
DEFINITIONS
A.
Transitional Housing.
Transitional housing is a program that provides housing for one or more
offenders who have either been transferred or paroled from the Department of
Correction by the Parole Board or placed on probation by a circuit or district
court. An offender's home or the residence of an offender's family member shall
not be considered a transitional housing facility for purposes of this
regulation.
B.
License. Arkansas Transitional Housing Facility License
C.
Applicant. Any individual,
business, or organization that has applied to receive an Arkansas Transitional
Housing Facility License.
V.
GUIDELINES
A.
General
1. Only DCC licensed transitional housing
facilities or programs will be approved for offenders to reside while receiving
transition services.
2. DCC Staff
shall develop and implement the necessary applications, forms, and onsite
observation, monitoring tools and processes for obtaining sufficient
information to make licensure and renewal decisions consistent with the
requirements established by this regulation.
3. The application and required supporting
documentation shall be deemed a part of the official application. An
application is not complete without the documents required in this
policy.
4. Applications, forms, and
other licensing materials shall be maintained in the local offices to provide
to applicants upon request.
5.
Entities must fully complete and submit applications for licensing and all
requested documentation to the appropriate Area Manager for processing through
the supervisory chain.
6. The
Deputy Director of Parole/Probation (P/P) Services must ensure the
establishment of Transitional Housing Review Teams (THRTs) for each area which
shall conduct reviews of licensing applications and documents, perform onsite
visits or inspections (initial and periodic, announced and unannounced), and
make objective recommendations to the DCC Licensure Review Committee (LRC)
established by the DCC Director. Each THRT must consist of an Assistant
Director of P/P Services, Area Manager of P/P Treatment Services, 2 local P/P
officers and 1 Substance Abuse Program Leader. THRT recommendations shall be
based upon the entity meeting requirements of this policy and review of
investigation reports of any known critical incidents concerning DCC
offenders.
7. Applicants for
licensing will be notified in writing of the LRC's action taken and specific
requirements, if any, that were not met. Entities may appeal LRC actions to the
DCC Director, whose decision is binding.
8. The licensing fee will be as established
by the BOC. DCC shall provide notice to transitional housing licensing
applicants and current licensees when fees change. All fees are nonrefundable
regardless of the licensure decision.
9. Applicants with an Alcohol and Drug Abuse
Prevention (ADAP) licensed treatment program will automatically be approved for
licensing as long as the ADAP license requirements meet or exceed the DCC
requirements contained in this policy.
10. Area Managers will ensure the assignment
of a local P/P officer (or more as needed) to manage cases assigned to the
transitional housing program and coordinate with facility staff as
necessary.
11. DCC and transitional
housing staff will notify each other of any positive drug/alcohol test result
as soon as possible. DCC shall also develop and implement procedures for
investigating complaints of transitional housing facilities being non-compliant
with rules, policies, laws and regulations.
12. An Arkansas Transitional Housing Facility
License shall not be issued for a facility under the management, supervision,
oversight or ownership of a person currently under a sentence or probation
supervision for a felony offense. Ex-offenders must provide proof of discharge
of the felony sentence.
13.
Licensing and renewals shall be for twelve (12) months following
issuance.
B.
Licensure Requirements. The authority to provide transitional
housing for DCC offenders is subsequent to favorable LRC action and provision
of documentation of 100% satisfaction of the following requirements and
standards:
1. The entity has submitted a
completed Arkansas Transitional Housing License Application and required
fee.
2. Proof of satisfactory
inspection (by authorized officials) concerning compliance with local, state
and federal health and safety codes (such as building, health, food service (as
appropriate), housing, fire, plumbing, electrical), and safety codes to operate
in the specific local jurisdiction property for use as a transitional housing
facility or program.
3.
Verification statement from the appropriate municipal entity confirming that
the applicant has the proper zoning for the proposed facility and type program.
Conditional or 'special use" permit for the property may be accepted for the
validation period.
4. Proof of
business license or documentation that the named facility or program has
non-profit 501C(3) status.
5. Proof
of adequate liability and premises insurance.
6. A complete itemized list of each fee
amount (one time and monthly) that will be assessed each offender residing in
the transitional housing facility (e.g. assessment, any deposits,
transportation, room and board, phone charges). At least 30 days notice is
given to offenders of any intended fee increase.
7. A complete itemized list of each possible
violation, fine and other charges, in dollar amounts, assessed each individual
offender. At least 30 days notice is given to offenders of any intended fee
increase.
8. If applicable, a price
list of items/products (toiletries and other necessities) that will be sold to
offenders residing in the transitional housing facility.
9. Space in sleeping rooms is adequate for
the number of occupants, and individual storage available for clothes and
personal items.
10. Telephone lines
are adequate to allow for electronic monitoring of offenders.
11. Copy of certifications by the Red Cross
or American Heart Association of First Aid and CPR for staff present at the
transitional housing facility.
12.
Evidence of appropriate curfews, house rules and enforcement of rules. All
house rules and curfews shall be posted in conspicuous places.
13. Daily activities are structured to
facilitate a safe and positive environment and facilitate positive change. To
remain in the facility, all offenders are required to attend weekly support
group meetings to decrease the risk of substance abuse relapse or violation of
release conditions.
14. There is
visible evidence (noticeable signs posted at entrances) that weapons (including
authorized concealed handguns) are prohibited, excluding law enforcement
officers or officials pursuing their lawful duties.
15. Facilities and vehicles used to transport
offenders are adequately equipped with first aid kits and fire suppression
equipment, with the legally required amount and type of insurance coverage for
each vehicle. And, there is proof of successful completion of appropriate
training on the use; and proof of annual safety inspections (by qualified
individuals) in accordance with state statutes for vehicles owned, leased or
used in the operation of the transitional housing program.
16. If the facility is a private residence,
it has a separate entrance to an exclusive service area for DCC residents.
17. The facility is clean and
presentable. Bedrooms and bathrooms for males and females are separate with
adequate barriers between them. Toilets, sinks, and showers are clean and
operable. The number of toilets, sinks, and showers is adequate for the number
of occupants.
18. Adequate laundry
facilities are on the premises or within a reasonable distance.
19. The facility has adequate onsite storage
(locked/secured rooms and/or file cabinets) for processing, handling and
maintaining offender records. All files and documents are easily accessible to
persons authorized by DCC policy.
20. Copy of the Disaster Plan including
evacuation procedures, documented drills, contingency plan for continued
treatment or programming in the event of a disaster.
21. General information is provided for the
proposed transitional housing facility, including the facility and
administrator's or director's name, telephone number, email (if applicable) and
physical address.
22. Any
information required by DCC to conduct criminal background investigation on
staff.
23. Written transitional
housing policies and procedures safeguarding confidential offender information
(especially concerning substance abuse, mental and personal health) from
unauthorized access and/or disclosure.
24. Offender records are uniform in format
and content, and are bound to prevent accidental loss. All entries are
chronologically listed, dated, and signed or initialed.
25. The transitional housing policy requires
that when disclosing offender information pursuant to a written consent to
disclose (release of information), written notice of prohibition of
re-disclosure is also provided. Policy also requires all such releases of
information to become a permanent part of the offender's record.
26. Transitional housing policy allows the
release of pertinent medical information to medical personnel providing care in
life-threatening situations and the offender's condition or situation precludes
the possibility of obtaining the offender's or administrator's written
authorization if obtaining such authorization would cause excessive delay in
delivering medical attention. In such cases, policy requires the person
releasing the information to document the details of what, when, to whom and
why the information was released and inform the offender of the
release.
27. Transitional housing
policy requires staff to respond to such requests as subpoenas, court orders,
search and arrest warrants.
28.
Transitional housing policy prohibits staff from authorizing weekend and other
travel or special passes to offenders; and that transitional housing staff
honor DCC travel passes and immediately report violations in travel
restrictions to DCC.
29.
Transitional housing policy requires transitional housing staff to make written
reports at least monthly of offender progress (positive and negative) to the
assigned supervision officer, unless the offender exhibits violent and
threatening behavior, endangering others, in which case, immediate notification
is appropriate.
30. Transitional
housing policy requires immediate DCC notification (upon awareness) of any
offender who has escaped or absconded from the facility. Also policy requires
prior notice (when possible) of any intentions to dismiss an offender from the
program facility.
31. Transitional
housing policy requires DCC, court or Parole Board authorization prior to
accepting DCC offenders into the transitional housing
facility/program.
32. Transitional
housing policy requires the assigned DCC officer to be contacted before
dismissing an offender from the transitional housing facility. Policy also
requires all incidents and/or rule infractions to be documented in the
offender's progress notes prior to any discharge action, unless the incident is
a life threatening or violent situation. Such violent situations warrant local
law enforcement and supervising officer contact.
33. Transitional housing resident rules allow
immediate dismissal for acts of violence (verbal/physical and destruction of
property), sexual assault and substance abuse.
34. Evidence that living quarters are
accessible to offenders 24 hours a day and that there is staff present during
structured activities.
35.
Transitional housing facilities are free of alcohol and controlled substances
as defined by law.
C.
Provisional License. Service providers with approval (at issuance
of this regulation) to house DCC offenders will, upon submission of a completed
Application for an Arkansas Transitional Housing Facility License, receive a
provisional license that will be in effect until LRC review and licensing or
July 1, 2006, whichever comes first. Any provisional license in effect at the
time of issuance of a regular license will automatically expire on the date of
issuance of the license. All provisional licensing will expire July, 2006. No
other grandfather or provisional options will be available to businesses who do
not meet the licensing requirements of this regulation.
D.
Regular License. Licenses
(other than provisional) issued pursuant to this regulation shall become
effective immediately upon issuance by the LRC or immediately following
expiration of an existing LRC issued license. Licenses shall remain in effect
for twelve months, except when an unresolved noncompliance is sited by DCC
subsequent to a monitoring review and revoked, rescinded or suspended by the
LRC.
VI.
PROCEDURES. DCC staff shall develop implementation procedures to
communicate the placement and supervision process to staff and service
providers. Procedures shall be consistent with the requirements in this
regulation.
Board Approval Date: 07/22/05
Reference:
Act 678 of 2005
Secretary of State
Rule Code 159.00
Effective Date: 8/15/05
Notes
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