1. (a) Policy. The Division of Correction will have an appropriate process and/or procedures for identifying and certifying to the Post-Prison Transfer Board eligible Division of Correction inmates to be considered for release to electronic monitoring after serving one hundred twenty (120) days of a sentence.
2. (b) Applicability. This section applies to Division of Correction and Division of Community Correction employees and Division of Correction inmates.

3. (c) Guidelines.

   1. (1) Eligibility criteria.

      1. (A) Community correction center residents are not eligible for EM-120 release.
      2. (B) An inmate serving a sentence in the Division of Correction may be approved for EM-120 release if the:

4. (i) Offense for which the offender is incarcerated was committed on or after March 2, 2015;

   1. (ii) Sentence was not the result of a jury or bench verdict;

      1. (iii) Inmate has served one hundred twenty (120) days of his or her sentence;

         1. (iv) Inmate has an approved parole plan;
         2. (v) Inmate does not have a prior felony conviction for a sex offense or for a felony offense that involved the use or threat of violence or bodily harm;
         3. (vi) Inmate was sentenced from a cell in the sentencing guidelines with:
5. (a) (a) An incarceration range of thirty-six (36) months or less; or

6. (b) (b) A presumptive sentence of probation;

   1. (vii) Conviction is for a Class C or D felony;

      1. (viii) Conviction is not for a crime of violence, regardless of felony level;

         1. (ix) Conviction is not for a sex offense, including failure to register as a sex offender under Arkansas Code § 12-12-906, regardless of felony level;
         2. (x) Conviction is not for manufacturing methamphetamine, Arkansas Code § 5-64-423(a) or the former Arkansas Code § 5-64-401 [repealed];
         3. (xi) Conviction is not for possession of drug paraphernalia with the purpose to manufacture methamphetamine, Arkansas Code § 5-64-443, if the conviction is a Class C felony or higher;
         4. (xii) Conviction is not for a crime involving the use or threat of violence or bodily harm;
         5. (xiii) Conviction is not for a crime that resulted in a death;
         6. (xiv) Inmate has not previously failed a drug court program;
         7. (xv) Inmate has not been transferred from the Division of Community Correction to the Division of Correction as a result of disciplinary action; and
         8. (xvi) Inmate does not have an active detainer.
   2. (2) Notice. The Director of the Division of Correction will provide notice to the Post-Prison Transfer Board of inmates eligible for EM-120 release and subsequent notice to the Institutional Release Office if approved for such release.

   3. (3) Supervision.

      1. (A) Offenders approved for EM-120 release will be supervised by the Division of Community Correction through electronic monitoring (home detention) until the offender’s transfer eligibility date or for at least ninety (90) days of full compliance by the offender, whichever is sooner.
      2. (B) Home detention will be tailored and defined by the parole/probation supervision officer for each program participant (for example, curfew, authorized for school/work, practice religion).
      3. (C) The term of electronic monitoring must not exceed the maximum number of years of imprisonment or supervision to which the offender could be sentenced.
   4. (4) Funding for services. Eligible offenders must pay the cost of their electronic monitoring service and associated equipment.
   5. (5) Types of GPS devices. The Division of Correction is authorized to use all types of electronic monitoring devices for monitoring the presence of an offender in his or her home in a manner consistent with the law.
   6. (6) Discharge credit. An eligible offender approved for EM-120 release may earn discharge credits against his or her sentence.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "Section Number: ACC 7.12 ADC 1317 Page Number: 1 Board Approval Date: 8/21/2015 Supersedes: ACC 7.12 ADC 1317 Dated: 1/31/2013 Reference: Sec. of State 159. Effective Date: 9/15/2015" "I. AUTHORITY. The Board of Corrections is vested with the authority to promulgate this administrative rule by Ark. Code Ann. §§ 12-27-105, 16-93-1203 and 16-93-1205."