§ 25-10-134 - Community-based residential programs -- Regulations. - Arkansas Statutes

25-10-134. Community-based residential programs -- Regulations.

(a) (1) The Department of Human Services shall not contract for community-based residential programs within any municipalities to house unrelated juveniles who have been adjudicated delinquent for a sexual offense or serious violent offense, or convicted of a sexual offense or a serious violent offense, until a community-based program has complied with regulations promulgated within thirty (30) days of July 1, 1995, by the department as set out herein.

(2) The purpose of these regulations is to ensure public notice and public safety in the department's process of contracting for residential services for adjudicated or convicted juvenile sexual offenders or adjudicated or convicted serious violent offenders.

(3) Provided further, the regulations shall be developed by the department and members of a committee appointed by the Governor, to include representatives of the following:

(A) The General Assembly;

(B) Local elected officials;

(C) Citizen representatives of local communities;

(D) Prosecuting attorneys;

(E) Judges of circuit court, juvenile division;

(F) Community-based providers;

(G) Law enforcement officers; and

(H) At least one (1) recognized mental health professional who specializes in the treatment of juvenile sexual offenders and juvenile serious violent offenders.

(4) The regulations shall include, but are not limited to, the following:

(A) Definitions for the terms "sexual offense" and "sexual offender" and "serious violent offense" and "serious violent offender" for purposes of this section;

(B) Procedures for notice to residents within a specified geographic area of a proposed residential program for juvenile sexual offenders and juvenile serious violent offenders, as defined in the regulations;

(C) Procedures for preplacement review of juvenile sexual offenders and juvenile serious violent offenders to determine that individual placements are appropriate, taking into account the location of a facility and a juvenile's offense or offenses, past treatment, prognosis, and present behavior;

(D) Procedures to determine that the level of supervision in a residential program is adequate for the individuals housed in the program; and

(E) Procedures for the department and a community-based contract provider to receive and respond to complaints and questions of residents of a community in which a community-based program is proposed or established, including remedies for a failure to respond.

(b) (1) The department shall not contract or pay for community-based residential programs within any municipality to house unrelated persons who have been adjudicated delinquent of an act that would constitute a Class A felony or higher or of a sexual offense, or convicted of a Class A felony or higher or sexual offense, until the following conditions have been met:

(A) Residents within one thousand feet (1,000') of the proposed location of the facility shall be notified by mail; and

(B) (i) A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date.

(ii) Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility.

(iii) The notification requirement shall not apply to already existing facilities at already existing locations.

(2) Provided further, upon establishment of such facilities within a particular municipality, the contract provider and the department shall establish and implement a system to receive and respond to complaints and questions from residents of such municipality.

(3) In the event the department and the provider fail to provide satisfactory communication to the residents, as provided in this subsection, such facility may be declared a public nuisance by the municipality.

(c) The department shall include the following requirements in all contracts with community providers who provide community transition homes for juveniles who have been adjudicated delinquent for a Class A felony criminal offense or higher, or convicted of a Class A felony or higher criminal offense, or are youthful felony sex offenders:

(1) Prohibit the location of programs within one thousand feet (1,000') from the grounds of community centers, schools, or other facilities with a high concentration of youths;

(2) Comply with all local zoning ordinances, including building codes;

(3) Provide advance notice of the proposed program site to municipal and county police agencies;

(4) Prohibit the participation in a community-based program to any individual who has re-offended within the past twelve (12) months; and

(5) Maintain twenty-four-hour supervision of residents by provider staff.