View Full Version : AR DOC Inmate and Program Management
08-09-2006, 05:53 PM
Inmate and Program Management
801 Racial Balance in Inmate Assignments 03/21/89
J802 Classification of Offenders 02/17/94
J803 Sentence Computation and Tracking 12/30/93
J804 Access To Offender Records 11/16/01
810 Inmate Emergency Medical Expenses 08/28/91
Incurred While in County Jails
812 Temporary Release /Meritorious 11/16/01
J814 Funds/Clothing for Released Offenders 08/11/94
825 Inmate Name Changes for Religious 07/17/91
J826 Meritorious Good Time 12/30/93
J829 Prenatal Care/Pregnant Inmates 07/11/00
830 Corporal Punishment 10/20/79
831 Disciplinary Rules and Regulations 04/30/02
832 Discrimination and Racial Issues 11/29/79
833 Health Services 03/30/90
834 Procedures for Handling Alleged 05/19/88
Disciplinary Infractions of
Mentally Disordered Inmates
J835 Grievance Procedures for Offenders 11/14/96
J836 Segregation 04/28/94
837 Protective Custody 01/26/90
838 Response to Serious Institutional 10/18/88
839 Punitive Segregation 06/24/93
J840 Personal Cleanliness and Grooming 02/19/98
841 Inmate Property Control 06/24/93
J850 Offenders With An Incurable Illness or 08/24/95
851 Continuity of Care 09/30/93
854 Research and Experimentation 10/21/96
855 Transportation of Deceased Inmates 04/18/80
860 Inmate Correspondence (Effective date 3-24-01) 11/15/00
864 Publications 07/18/90
J865 Visitation (Effective date 3-24-01) 11/15/00
867 Use of Telephones 12/19/94
870 Marriages of Inmates 09/30/88
876 Inmate Emergency Work Assignments 02/04/83
881 Volunteer Services 04/26/93
J883 Chaplaincy Services 02/17/94
888 Boot Camp Program 05/17/90
890 Arkansas Department of Correction Jail 02/26/91
891 Inmate DNA Testing 11/16/01
893 Medical Co-Pay 09-24-04
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To ensure that placement of inmates in job assignments is accomplished in a
1. Assignment of an inmate to a job by the Unit Classification Committee cannot be made on the basis of race. The Unit Classification Committee may consider but not be limited to the following factors:
- History of escape/attempts
- History of violence
- Detainers (number/type)
- Current offense
- Length of sentence
- Disciplinary reports
- Prior arrests/commitments
- Notoriety (inmate/offense)
- FBI rap sheet
- Staff judgement
- Responsibility (shown by inmate)
- Involvement in alcohol/drug use
- Psychological test date
- Peer group associates
- Respect toward staff/others
- Community attitudes
- Physical security (facility)
- Work habits
- Employment history
- Family background
- Length of time at home residence
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- Marital history
- Home and neighborhood
- Institution (isolatedness)
- Health of inmate
- Education history
- Physical stature or handicaps
- Programs (availability)
- Space available
- Inmate skills
- Work assignments available
- Personal hygiene
- Financial background
- Living quarters (availability)
- Cadre and construction assignment (availability)
- Custody distribution within division
2. Each unit routinely generates a monthly board report that lists unit job assignments and the racial breakdown in each job category. The Warden of each unit and the Classification Administrator are responsible for reviewing the racial balance in these job categories at their unit each month.
08-09-2006, 05:54 PM
The authority of the Board of Correction and Community Punishment to promulgate this Administrative Regulation is confirmed in Act 50 of 1968, First Extraordinary Session, as amended; and Act 309 of 1991, Regular Session; Acts 548 and 549 of 1993 (Ark. Code Ann. ss 16-93-1203 and 12-27-105 of 1993).
To establish policy to provide for a method of classifying offenders in the custody of the Arkansas Department of Correction/Community Punishment, to comply with Arkansas Code 12-29-202, and to ensure a uniform method of awarding meritorious good time pursuant to the provisions of the Arkansas Codes.
To offenders and department staff.
Offenders: Persons sentenced to the Department of Correction or persons sentenced to the Department of Correction for judicial transfer to the Department of Community Punishment and persons confined within a center as a condition of probation, suspended imposition of sentence or post prison transfer, or under the supervision of the Department of Community Punishment.
As defined by this Administrative Regulation, a Classification Committee shall be established for each unit/center. Members of the Committee will be selected by Wardens or Supervisors of the various units/centers. The Classification Committees shall be composed of, but not limited to:
- Unit Warden/Center Supervisor or Assistant Warden/Assistant Center Supervisor (acting as Chairperson)
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- Unit Classification Officer or person acting in this capacity as designated by the Warden/Supervisor
- Security Representative
- Treatment Representative
The Unit Classification Committee shall meet as often as necessary to classify offenders in accordance with guidelines established in the Classification Manual and/or Administrative Directive. Exceptions to these policies must be approved by the Director.
ACA Standards 3-4284
08-09-2006, 05:55 PM
The authority of the Board of Correction and Community Punishment to promulgate this regulation is confirmed in Act 50 of 1968, First Extraordinary Session, as amended; Act 438 of 1973, Regular Session; Act 1161 of 1975, Regular Session; Act 93 of 1977, Regular Session; Act 620 of 1981, Regular Session; Act 583 of 1981, Regular Session; Act 772 of 1983, Regular Session; Act 825 of 1983, Regular Session; and Act 534 of 1993, Regular Session.
To describe the procedures staff shall use to compute and track offender sentences during confinement.
To Department of Correction and Department of Community Punishment staff, especially records personnel; and offenders committed to the Department of Correction to include those judicially transferred to the supervision of the Department of Community Punishment.
It is the policy of the Board of Correction and Community Punishment to incarcerate offenders only for that portion of their term of confinement which is legally required and to promptly release offenders when their sentence(s) are complete.
A. Projected Release Date: the date the offender shall be released if all sentence-related factors and credits remain unchanged.
B. Parole Eligibility Date the computed release date of an offender that reflects the required minimum time to serve on a sentence with credit for any good time earned; applies to offenders who committed offenses prior to January 1, 1994.
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C. Release Date: date of offender’s release from custody and/or supervision upon completion of legally required sentence. This does not include releases on furlough, to community programs, or to similar activities considered an extension of confinement.
D. Transfer Eligibility Date: an administrative condition permitting transfer of eligible offenders which reflects the earliest possible date on which an offender is eligible for transfer from a Department of Correction or Department of Community Punishment facility to a Department of Community Punishment program and/or supervision; such date may be extended based on disciplinary behavior while under commitment to the Department of Correction; applies to inmates who committed offenses on or after January 1, 1994.
E. Judgement and Commitment Orders: a document signed by the sentencing judge or duly authorized officer of the court ordering or authorizing imprisonment of the offender for a specified term.
Upon receipt of all necessary information, the Records Office will compute the parole or transfer eligibility and release date within the parameters established by applicable state and case law. The records staff will provide each offender with a computation of the total sentence to be served and release eligibility in compliance with applicable state codes and regulations.
A time card shall be provided to the offender indicating at least the following: (1) sentence length, (2) offense, (3) minimum required time to serve before parole/transfer eligibility, (4) jail time, (5) class status, and (6) release dates.
A. Computation Information
When computing an offender’s sentence(s), all possible variables relating to the sentence shall be considered. This includes at least the sentence and parole or transfer eligibility acts, applicable case law and rulings, and administrative decisions.
In computing the sentence, the responsible staff member shall consider at least the following:
1. date of confinement;
2. date offender received;
4. sentence term;
5. felony class;
6. date offense committed;
7. type of sentence imposed by the court and applicable sentencing procedure, including any special orders by the court relating to the sentence;
8. whether there are any concurrent, consecutive, or dual sentencing procedures in effect;
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9. date sentence imposed;
10. sentence modifications (if any);
11. prior probation or incarcerations affecting sentence;
12. jail time credit or credit for time previously served;
13. inoperative time (dead time) for escape, bond, or abscond status; and,
14. any applicable good time applied.
Further clarification of specific variables to be considered will be addressed in the appropriate Administrative Directive and/or Records Manual.
B. Computation Summary
A summary of information and computations shall be prepared and maintained in accordance with the appropriate administrative directive. The summary shall include at least the total number of sentences, total term(s), parole or transfer eligibility and/or release date, date sentence begins, and date total sentence expires.
Revisions to sentence computation documents shall be made as conditions warrant. No modification of a sentence shall be initiated without obtaining verification of that change. Changes will be recorded in a timely manner, and revised computation records distributed as needed.
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The Board of Corrections is vested with the authority to promulgate this administrative regulations by Ark. Code Ann. § § 12-27-105.
Arkansas Department of Correction (ADC) employees.
The ADC shall maintain a full and complete record of every inmate under its supervision and protect the integrity of such records in accordance with Ark. Code Ann. § 12-27-113(e).
Inmate Record (a/k/a Institutional File and Inmate Jacket): A full and complete record in written or electronic form of each person committed to the Department of Correction, which shall include but is not limited to a photograph of the convicted person, conviction data, and criminal history.
V. RELEASE OF INFORMATION:
A. Disclosure or inspection of information contained in inmate records is prohibited unless authorized by this Administrative Regulation or by court order.
B. Only the following information from an inmate record may be released to the general public:
1. Offender’s name, aliases, ADC number, photograph, and physical description.
2. Date of incarceration.
3. Facility(ies) of confinement and work assignments.
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4. The following information regarding current incarceration: offense(s), sentence(s), sentence date(s), county(ies) of conviction, case number(s), total time to serve, parole/transfer eligibility date.
5. The following information regarding prior incarceration(s): offense(s), sentence(s), sentence date(s), county(ies) of conviction, case number(s), and parole/clemency history, including date(s) of release and date(s) of return to ADC.
C. Information from an inmate’s record in addition to that in paragraph B of this section may be released to criminal justice agencies and to social service and other governmental authorities unless state or federal law prohibits such disclosure.
D. Information contained in inmate records in addition to that in paragraph B of this section may be released to appropriate personnel for research purposes.
E. Access to an inmate’s own record may be granted, or information from the record may be released, to the inmate and/or his attorney as needed to resolve legitimate questions about the accuracy of information in the record or as required by the rules of discovery in pending litigation. The names of confidential informants and other sensitive or confidential information the disclosure of which might cause harm to any person are exempt from disclosure except pursuant to court order.
F. An inmate will not be permitted to peruse his file at will. His/her request for access to the file or information contained therein must be made in writing to the Warden or his/her designee; the inmate must state with particularity the information or parts of the file to which access is requested; and the inmate’s request must be supported by a showing of compelling need. The decision of the Warden or his/her designee to grant or deny the inmate’s request shall be final.
G. An inmate will not be given access to another inmate’s record or any information contained therein.
Ark. Code Ann. § 12-27-113(e).
American Correctional Association (ACA) Standards for Adult Correctional Institutions, third edition standards 3-4095
08-09-2006, 05:57 PM
The Board of Correction is vested with the authority to promulgate administrative regulations by Act 50 of 1968, First Extraordinary Session, as amended; and by the Administrative Procedures Act, (Act 434 of 1967 as amended).
Specific pieces of legislation implemented, in part, through this administrative regulation are re Act 309 of 1983; Acts 329, 574, and 1112 of the 1991, Regular Session.
Establishes the criteria for payment of certain medical expenses, incurred with proper approval, associated with emergent medical needs for eligible felons serving sentences or assigned to designated programs in county jails, and outlines procedures to be followed by counties in submitting such bills for payment.
The staff of Field Services, all convicted felons with signed commitment orders incarcerated in county jails, county sheriffs and supervisors of county detention facilities.
A. Eligible - those individuals, convicted of felonies, on whom valid commitment orders have been signed and who, pursuant to that commitment order or through a program of the Arkansas Department of Correction, are, at the time of the illness or injury, incarcerated in the county jail (including individuals on work programs, whose residence is in the county jail). Felons newly committed to the Arkansas Department of Correction do not become eligible until 30 days after the signing of the commitment order. Individuals transferred to the county jail contract program as a regular transfer (Act 309) or placed in the county jail by a parole officer are immediately eligible.
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B. Appropriate Approval - approval obtained through the office of the Administrator of Medical Services prior to the rendering of health care. In true emergency situations, care may be rendered without prior approval. The Administrator of Medical services is to be notified of such emergency events within 24 hours and provide approval for any necessary continued care.
C. Emergent Medical Need - Illness or injury which threatens life or limb, causes undue or avoidable suffering, subjects the individual to further risk, or is likely to cause deterioration of health status if not promptly treated. Health conditions resulting from injuries or illnesses preceding eligibility (defined in section A, above), and chronic conditions do not qualify, unless the condition presents an emergent threat as define above.
D. Medical Expenses - expenses associated with diagnosis and/or treatment of an emergent injury or illness, as billed by the health care service provider.
E. Designated Programs - programs established under Section 9 of Act 50 of the First Extraordinary Session of 1968; programs established by Act 309 of 1983; and Acts 329, 574 and 1112 of 1991. Inmates on county jail backup are not participating in a designated program (Act 574) until 30 days after their commitment papers are signed.
The Arkansas Department of Correction shall upon legal responsibility, and contingent on appropriation and availability of funds, pay certain medical expenses for eligible felons housed in county jails.
A. If a convicted felon is known to have a preexisting health condition likely to necessitate treatment or requiring a level of monitoring not available in the county facility, the Administrator of Medical Services should be notified. A determination will be made as to whether the seriousness of the condition and the potent expense to the county warrant bringing the individual into the Department of Correction on the basis of a medical emergency.
B. Should an individuals with a preexisting condition need treatment on an emergency basis (loosely defined in terms of a situation that would lead a prudent family to take the affected family member to a hospital emergency room), the sheriff or deputy should notify the Administrator of Medical Services as soon as possible.
C. Routine care for preexisting conditions is the responsibility of the agency having physical custody of the individual. If a convicted felon is on furlough or is otherwise living in the
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community, the Department assumes no responsibility for any of the individual's medical expenses.
D. Illness or injury requiring medical care to an individual in the physical custody of the county shall be reported as promptly as possible to the Administrator of Medical Services, who will approve the treatment to be (being) rendered and/or recommend transfer to the Department of Correction.
E. As a matter of record, the sheriff shall cause a description of the incident and the types of medical services used to be logged on the "Health Incident Form, " (810-HIF). This form must be signed by the sheriff or deputy attesting that the services received are properly billed. This form shall be sent to the attention of the Administrator of Medical Services.
F. All bills relating to diagnosis and treatment of a particular illness or injury should be attached to 810-HIF and sent at one time. At the same time, the individual receiving treatment is to be asked to sign a Release of Medical Information form to the primary service provider, in order for medical records to be sent to the Administrator of Medical Services. If the individual refuses to sign for release of information, the other side of the form should be signed, indicating that the individual or some family member accepts responsibility for the bills.
G. Bills will be handled through the department's Utilization Review mechanism and processed for payment directly to the provider.
H. Medical costs may be paid only to the limits of legal liability, legislative appropriation and the availability of funds for this purpose. Should either spending authority or fund availability be insufficient for a particular bill, that bill will be returned to the Sheriff with a letter of explanation as to why the Arkansas Department of Correction cannot encumber the cost.
I. To the maximum extent possible, medical resources available to the department shall be used to keep down the costs of providing medical care to convicted felons. This shall be the case regardless of whether or not the department can reimburse the county.
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HEALTH INFORMATION FORM 810-HIF
This form must be submitted with all medical bills believed to be payable by the Arkansas Department of Correction. Send to: Medical Services Payment, P.O. Box 8707, Pine Bluff, AR 71611.
Inmate_______________________________ Jail _______________________
SS #_____-_____-_______ City/Zip____________________
Inmate is ( ) new commitment ( ) parole violator ( ) jail contract
Injury or complaint __________________________________________________ ____
First noted: Time ____:_____Date_____/____/____ by _________________________
(name of jail staff)
Contact_____________________________ Recommendation given
(name of ADC staff) ( ) Transport to ADC Diagnostic
( ) Treat locally, bill ADC
Date_____/____ Time _____:_______ ( ) Responsibility of the County
If treated locally, have physician complete
Treated at __________________________________________________ ____________
(Name of hospital, clinic, doctor's office)
Treated by________________________________________________ ______________
Follow-up needed____________________________________________ _____________
Consent for release of medical information
I agree to allow copies of my medical records associated with the above mentioned treatment to be sent to the Arkansas Department of Correction to become part of my medical record.
_________________________________________ ___ / ____/ _____
(signed by inmate)
These bills may be evaluated more quickly if the medical records are attached.
08-09-2006, 05:59 PM
The authority of the Board of Corrections to promulgate this Administrative Regulation is vested in Arkansas Code Annotated § § 12-27-105 and Act 1371 of 2001.
It shall be the policy of the Department of Correction (“Department”) to grant furloughs to inmates pursuant to established requirements and conditions.
To provide a mechanism for the temporary release of qualifying inmates for meritorious or emergency furloughs and eligible inmates assigned to Work Release Centers/Programs.
Inmates and all employees involved in the approval/processing of furloughs
A. Critical Illness - Any illness from which the relative may not survive under normal circumstances and/or from which death is imminent.
B. Emergency Furlough - The temporary release of an inmate due to the critical illness and/or death of an inmate family member.
C. Immediate Family - The inmate's father, mother, sisters, brothers, spouse, children, grandparents, grandchildren, aunts, uncles, mother-in-law, father-in-law, and any other person whose relationship with the inmate has been verified as that of a parent/guardian.
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D. Meritorious Furlough - The approved, temporary release of an inmate for a period not to exceed five calendar days.
E. Sponsor - Approved persons with whom the inmate resides while on meritorious furlough.
F. Work Release Furlough – The approved, temporary release of an inmate assigned to a work release program
A. Meritorious Furlough Requirements
A meritorious furlough may be granted for exemplary conduct by an inmate.
1. An inmate who is serving a life sentence or a sentence of a term of years, has achieved Class I-A or I-B, and has continuously maintained that status for not less than one year may be eligible for meritorious furloughs if he/she meets all of the following requirements:
a. Has not been convicted of one or more of the offenses listed in ACA 12-29-102.
b. Has been an inmate in the custody of the Department of Correction continuously for one year;
c. Has not been convicted of a major disciplinary violation for a period of not less than six months immediately prior to applying for meritorious furlough;
d. Has not received a meritorious furlough during the preceding six (6) months;
e. Does not have any pending felony detainers;
f. Has an approved sponsor willing to accept and transport him/her;
g. Has been approved by his/her immediate work supervisor;
h. An inmate serving a life sentence must have his or her application approved by the appropriate Deputy/Assistant Director, the Director, and the Board of Corrections.
2. An inmate who has been sentenced to death or is serving a sentence of life without parole will not be eligible for meritorious furloughs.
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3. To qualify for a meritorious furlough, an inmate must be approved by the Meritorious Furlough Review Committee at his/her unit. Before approving a furlough, the Committee must find that:
a. The inmate does not presently have, an abnormal propensity for violence.
b. The inmate does not constitute a security risk
c. The inmate is capable of abiding by the terms and conditions of a furlough.
d. The inmate and the public will not be endangered by the furlough.
e. The inmate, in all other respects, is a suitable candidate for furlough.
4. Upon request of an inmate’s victim, the Department shall inform the victim at least thirty (30) days before release of the inmate on furlough (except emergency furloughs unless the law requires it).
5. The sheriff of the county and the chief of police of the city or town, if applicable, shall be notified if an inmate will be present within their jurisdiction while on furlough. Approval of the furlough by the sheriff and/or chief of police is not required.
B. Special Rules Regarding Work-Release Inmates
1. A work-release inmate may be eligible for one (1) furlough per month.
2. Furloughs are to be taken on weekends and are not to exceed 48 hours, except that a furlough granted during a three-day holiday weekend are not to exceed 72 hours.
3. A work-release inmate must have been in the program for 90 days before becoming eligible for a furlough.
4. A work-release inmate shall not be eligible for a furlough for a minimum of 120 days after his/her conviction of a major disciplinary infraction.
5. A work-release inmate is not required to report to a monitor while on furlough.
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C. EMERGENCY FURLOUGHS:
The Department of Correction may permit the emergency furlough of inmates in cases of critical illness and/or death of a member of the inmate's immediate family.
In the discretion of the warden/center supervisor, up to two emergency furloughs may be granted due to a critical illness. If emergency furloughs are granted due to a critical illness and the family member subsequently dies, another furlough may be granted for the inmate to attend the funeral. Cases of critical illness must be confirmed to the warden/center supervisor or his or her designee by the ill relative's attending physician.
1. Inmates Under Sentence of Death, Life Without Parole, or Life
An inmate who is serving a sentence of Death, Life Without Parole or Life may be permitted an emergency furlough only in the event of the critical illness and/or death of a member of his or her immediate family. In such cases, the inmate may be permitted a four hour furlough to visit with the critically ill patient and/or to attend the funeral of the deceased family member. All inmates serving a sentence of Death, Life Without Parole, or Life must have the approval of the Director.
2. Inmates in Class I-A and I-B Status
Inmates in Class I-A and I-B may be released on emergency furloughs for such occasions as the critical illness and/or death of a member of the inmate's immediate family. Such emergency furloughs shall not exceed three days in duration and may be granted by the unit warden/center supervisor.
3. Inmates in Other Class Status
All other inmates except those having achieved Class I-A and I-B may be released on an emergency furlough for such occasions as the critical illness and/or death of a member of the inmate's immediate family. The emergency furlough shall not exceed forty-eight hours in duration and may be granted by the unit warden/center supervisor.
4. Procedural Requirements
a. In all cases, the unit warden/center supervisor or his or her designee shall be satisfied that the inmate to whom an emergency furlough is granted:
(1) does not presently have an abnormal, uncontrollable propensity for violence;
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(2) does not constitute a security risk;
(3) is capable of abiding by the terms and conditions of a furlough; and
(4) not be endangered or endanger another person by such a release.
b. Inmates other than Class I-A or I-B may be granted emergency furloughs and will be released only to the custody of an Arkansas certified law enforcement officer, who will be responsible for the signing out, transportation, supervision, custody and arrangements for housing in the jail, if necessary, and delivery of the inmate back to the Department of Correction.
NOTE: Any fee charged by the law enforcement officer for escorting the inmate on emergency furlough will be paid by the inmate or his family or other supporter(s).
c. Class I-A or I-B inmates may be released to a family member, friend, or other approved individual who will be responsible for the inmate while on emergency furlough.
d. The unit warden/center supervisor or his or her designee shall notify the sheriff of the county and the chief of police of the city or town, if applicable, that the inmate will be present in his jurisdiction while on emergency furlough.
e. Upon request of the inmate’s victim, the unit warden/center supervisor or his/her designee shall notify the victim of the inmate’s emergency furlough.
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D. Rules of Conduct
The Department will establish by Administrative Directive rules of conduct to be followed by inmates while on furlough.
Specific guidelines for implementing this regulation including, but not be limited to sponsorship, departure and arrival times, medical screening, and contacts shall be included in an appropriate Administrative Directive.
ACA 12-29-102, ACA 16-90-1109, Act 1371 of 2001.
08-09-2006, 06:00 PM
The Board of Correction and Community Punishment is vested with the authority to promulgate this Administrative Regulation by Acts 548 and 549 of 1993, Regular Session (Ark. Code Ann. §§16-93-1203 and 12-27-105 of 1993); and Ark. Code Ann. §12-29-112.
This administrative regulation establishes the policy by which the Arkansas Department of Correction and the Department of Community Punishment provide funds and clothing to offenders upon release from custody of the Arkansas Department of Correction or the Department of Community Punishment.
This regulation applies to Department of Correction and Department of Community Punishment staff, especially those involved in securing transportation for released offenders; and offenders.
1. An offender who is discharged from the Department of Correction or Department of Community Punishment jurisdiction due to expiration of sentence.
2. An offender who is paroled or transferred as determined by Arkansas Codes, or is released to supervision from confinement/incarceration in a community punishment facility.
B. Travel Subsidy: Includes transportation to destination, if needed, and/or meal costs during travel.
It shall be the policy of the Board of Correction and Community Punishment to provide satisfactory clothing and travel subsidy to offenders upon release from custody of the Arkansas Department of Correction or Department of Community Punishment.
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Funds will be provided for the sole purpose of securing transportation and travel subsidy from a unit/center of the Department of Correction or Department of Community Punishment to the offender’s place of residence or approved location.
1. Offenders who are to be released to a detainer will not be provided funds upon release from custody of the Department of Correction or Department of Community Punishment.
2. Offenders participating in the Department of Correction Work/Study Release Program immediately preceding release will not be provided funds upon release from the custody of the Department of Correction unless an exception is made by the Director.
3. Offenders who have not been incarcerated/confined in a Department of Correction or Department of Community Punishment facility will not be provided funds upon release.
4. Upon release, each offender, unless disqualified to receive funds as specified in VI.A.(1),(2), and (3), will receive an amount approved by the Board of Correction and Community Punishment from sources of funds as determined by the Director to be allowable within current and future budgetary constraints of the Departments. Issuance of checks to accomplish the intent of this Administrative Regulation will be accomplished in accordance with the procedures established by the Departments’ Administrative Services Divisions.
In the event of legitimate need for issuance of clothing to the offender, clothing will be provided from other than state supported sources.
Upon being notified of an offender’s release date, the Warden/Center Supervisor or his/her designee will determine the offender’s need for clothing upon the offender’s release. The offender should be asked if he/she desires such clothing and, if so, his/her wardrobe should be examined to determine whether there is legitimate need. This determination is based on what personal clothing he/she has and its condition. If deemed necessary, the Department of Correction/Department of Community Punishment will furnish the proper size clothing appropriate for the season and current weather conditions.
VII. A.C.A. REFERENCES:
08-09-2006, 06:01 PM
The authority of the Board of Correction to promulgate this administrative regulation is vested in Act 50 of 1968, First Extraordinary Session, as amended; Act 52 of 1989, Regular Session.
To ensure a uniform method of record keeping that allows inmates to receive services and information under a new name when legally changed by the appropriate courts.
To all employees and inmates.
1. Records - any written account of events or facts on a particular subject collected and preserved.
2. Commitment Name - the name recorded by the sentencing jurisdiction as the subject's name and indicated on the Judgement and Commitment Order.
3. AKA - a person's name which has been legally changed by the appropriate courts for religious purposes after incarceration.
The Department of Correction shall allow persons who have legally changed their names for religious purposes to receive services and information by utilizing their AKA's.
Inmates must respond to his or her legally changed name or his or her commitment name if instructed to do so. Failure to comply may result in disciplinary action and/or the withdrawal of the "AKA" alternative upon approval of the appropriate assistant director.
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The records of the Department of Correction and the clothing of inmates shall reflect both the commitment name and changed names of those inmates who have legally changed their names for religious purposes after incarceration.
The records and the inmate clothing shall be identified by using the "AKA" alternative. The changed name shall be added as an "AKA" following the commitment name in the prison records and on the inmate's clothing.
Upon an inmate legally changing his or her name, the warden/center supervisor shall be responsible for advising the appropriate supervisors.
1. In all records maintained, the commitment name will remain as the primary name.
2. The "AKA" shall be placed secondary on the appropriate documentation/records.
3. Records maintained by the department shall reflect the commitment name and "AKA" in conjunction with the inmate's ADC number.
When an approved "AKA" is being added to an inmate's clothing:
1. The surname of the commitment name shall appear first.
2. The last name within the new "AKA" shall be added below the commitment name.
Staff shall first use the legally changed name when addressing an inmate.
08-09-2006, 06:03 PM
The authority to promulgate this administrative regulation is vested in Act 549 of 1993, Regular Session, and Act 536 of 1993, Regular Session; A.C.A. 12-29-201--205.
To ensure a uniform method of awarding meritorious good time in accordance with Arkansas codes.
Directors of the Department of Correction and Department of Community Punishment; respective staff of the Department of Correction and Department of Community Punishment responsible for administering meritorious good time; and inmates.
It shall be the policy of the Board of Correction and Community Punishment to award inmates meritorious good time as a result of good discipline, behavior, work practices, job responsibilities, and involvement in rehabilitative activities while in the custody or supervision of the Department of Correction or Department of Community Punishment.
A. Meritorious Good Time - a reduction in an inmate's parole or transfer eligibility date up to 30 days for each month incarcerated after imposition of sentence.
B. Inmate - persons sentenced by court order to the Department of Correction, to the Department of Correction but judicially transferred to the Department of Community Punishment, or to a Department of Community Punishment facility.
AR 826 Meritorious Good Time 2 of 3
An inmate may be entitled to meritorious good time reducing their parole or transfer eligibility date up to 30 days for each month incarcerated after imposition of sentence in one of the units, facilities, or centers maintained by the Department of Correction or the Department of Community Punishment.
A. Release Eligibility
1. Meritorious good time will not be applied to reduce an inmate's length of sentence.
2. Meritorious good time shall apply to an inmate's parole or transfer eligibility date from the Department of Correction or the Department of Community Punishment.
a. Meritorious good time shall under no circumstances reduce an inmate's time served by more than one-half of the percentage required by law for transfer eligibility.
b. Meritorious good time shall under no circumstances reduce an inmate's confinement in a community punishment facility by more than one-half.
3. The Department of Correction or the Department of Community Punishment shall determine a date at which the inmate who has acquired the maximum amount of meritorious good time necessary is to be administratively transferred to a less restrictive placement or supervision level within the Department of Community Punishment.
B. Class Status
1. Inmates may be reclassified as often as necessary in accordance with applicable regulations and/or policies in order to carry out the purposes of the law and to maintain good discipline, order, and efficiency at the units, facilities, and centers.
2. Inmates who are reduced to the lowest class as a result of disciplinary action shall not be entitled to earn meritorious good time.
3. Inmates serving a punitive disciplinary sentence shall not earn meritorious good time.
C. Reduction in Class Status
Reduction in class status may occur:
1. as a result of disciplinary action; or
2. as an administrative reassignment or demotion after a hearing conducted by a designated committee.
D. Forfeiture and Restoration of Meritorious Good Time
AR 826 Meritorious Good Time 3 of 3
1. Earned meritorious good time may be forfeited in accordance with the appropriate departmental policies upon conviction of a violation of departmental rules and regulations.
2. The Director of either the Department of Correction or the Department of Community Punishment may restore lost good time in accordance with applicable procedures.
E. Good Time Earned Pending Transfer to Department of Correction or Department of Community Punishment.
Any person who is sentenced by a circuit court to the Department of Correction or Department of Community Punishment and is awaiting transfer may earn meritorious good time.
F. Statutory Good Time
Inmates sentenced to the Department of Correction prior to April 2, 1971, shall be entitled to "statutory good time" as provided in Act 50 of 1968, provided no inmate shall ever receive a reduction of more than 30 days for each month served.
G. Effective Date
1. Inmates whose offense date is prior to January 1, 1994, shall earn good time (including good time applied to the length of sentence) in accordance with the good time law in effect on the date of the offense.
2. Inmates whose offense date is on or after January 1, 1994, shall earn good time in accordance with Act 549 and Act 536 of 1993, Regular Session.
VII. A.C.A. REFERENCE:
08-09-2006, 06:04 PM
The Board of Correction and Community Punishment (BCCP) is vested with the authority to promulgate administrative regulations by Ark. Code Ann. §§
12-27-105, 16-93-1203 and 16-93-1205.
Department of Correction (DOC and Department of Community Punishment (DCP) inmates/residents and employees.
A. To ensure that pregnant inmates/residents of the Department of Correction and the Department of Community Punishment are provided comprehensive health care services necessary to reach term or to interrupt pregnancy in accordance with applicable statutes, standards and regulations.
B. It is the policy of the Board of Correction and Community Punishment to ensure that pregnant inmates/residents who enter the Department of Correction and the Department of Community Punishment are provided appropriate and timely counseling in planning for the custody of their unborn children and to ensure, to the extent possible, through cooperation with the Department of Human Services and other agencies, that procedures for placement of the children are in the best interest of the child.
A. Comprehensive counseling and assistance shall be provided to pregnant inmates/ residents in keeping with their expressed desire in planning for their unborn children.
B. Counseling and social services shall be available from ADC/DCP staff and/or through community-based agencies as facilitated by ADC/DCP staff.
AR 829 Prenatal Care/Pregnant Inmates/Residents 2 of 2
The Department of Correction and the Department of Community Punishment shall establish procedures for implementing these policies by appropriate Administrative Directives.
American Correctional Association (ACA) Standards for Adult Correctional Facilities, 3rd Edition, 3-4387;
National Commission on Correctional Health Care (NCCHC) Prison Standard #51, #55 and #58;
ACA Standards for Adult Community Residential Services, 3rd Edition, 3-ACRS-4E-23.
AR (J) DOC AR 835 / DCP AR 7.14 – Grievance Procedures for Offenders
DOC AR 833 – Health Services
08-09-2006, 06:04 PM
I. POLICY OF DEPARTMENT:
The use of corporal punishment is contrary to humane standards of care and professional correctional practices and as such is absolutely prohibited by an employee of the Department of Correction.
A. Corporal punishment is defined as the striking, pushing or shoving of an individual for the purpose of causing pain or discomfort; the improper use of chemicals in any form; violence of any nature; the use of profane or abusive language or racial slurs directed toward the inmate; or any measure which may be injurious to an individual.
B. This regulation in no way prohibits a staff member from using that force necessary to protect himself from injury; to prevent injury to other employees or inmates; or to prevent property damage or escape.
08-09-2006, 06:05 PM
To ensure the orderly functioning of institutions and the safety of inmates and staff through the establishment and enforcement of rules governing inmate conduct.
A. Rules are established and approved by the Director of the Arkansas Department of Correction subject to review by the Board of Corrections.
B. Rules and procedures are published to all staff and inmates through an Inmate Discipline Manual located in the law library, or otherwise available, in each facility. Rules are also made available to each inmate and staff member through the Inmate Handbook.
C. Every member of staff; employees of the Arkansas Department of Correction School District and Riverside Vo-Tech; and authorized agents of the Arkansas Department of Correction, such as staff of the medical services contractor, contract mental health and substance abuse staff, are vested with the authority and responsibility to see that the rules are followed.
D. Procedures are established in the Inmate Discipline Manual for notification of an alleged infraction and for fair and impartial determination as to fact and responsibility in a venue in which the charged inmate has the opportunity to present evidence, including witness statements. Should there be a demonstrable need, a counsel substitute and/or interpreter may be provided to ensure that the inmate fully understands the procedures.
E. All steps in the procedures are to be carried out in a timely fashion as specified in the Inmate Discipline Manual.
F. Ranges of penalties associated with findings of guilt, and interventions such as referral for treatment, are stated in association with each rule in the Inmate Discipline Manual. Generally, the severity of the penalty is correlated with the seriousness of the conduct and the frequency of repetition of rule infractions.
AR 831 Disciplinary Rules and Regulations 2 of 2
G. All steps in the disciplinary process are to be properly documented. Hearings will be audiotaped, and paper and electronic records of disciplinary actions will be maintained in accordance with the Department’s records retention schedule.
H. An appeal process, as specified in the Inmate Discipline Manual, will allow the inmate to seek to correct errors in procedure or in findings of fact.
I. The Administrator of Disciplinary Hearings is charged with the responsibility of training Disciplinary Hearing Officers and with monitoring adherence to procedure.
American Correctional Association; Standards for Adult Correctional Institutions,
Third Edition, 3.3.1
08-09-2006, 06:05 PM
To prohibit discrimination with regard to inmate disciplinary action, transfers, institutional program assignments and other such matters on the basis of race, creed, color or national origin.
A. All pre-service training, in-service training and staff development shall include extensive programs in human relations. All employees shall be informed of their obligation to treat all inmates with equal dignity and courtesy. As a significant number of inmates in our institutions and facilities have cultural or linguistic behavioral patterns differing from those of many of the staff, all personnel should be familiar with these patterns. As any inability to communicate between staff and inmates may lead to institutional tension or friction, training shall be aimed at removing communication barriers.
B. There shall be fair and objective classification of all inmates with respect to all aspects of institutional life. So far as possible, institutional programs shall reflect the ethnic distribution of the inmate population.
C. Where security requirements permit, efforts shall be made to involve citizen groups from all communities with inmate groups – including minority self-help groups and other administration-sponsored activities. Whenever feasible, minority employees shall be encouraged to work with such groups as advisors and counselors. As with all inmate group activities, staff supervision is essential.
D. All administrators and supervisors shall be open to complaints from any inmate concerning discrimination and shall be active in investigating any such complaint and in taking remedial action.
08-09-2006, 06:07 PM
The Board of Correction is vested with the authority to promulgate this Administrative Regulation by Act 50 of 1968 as amended.
This Administrative Regulation establishes the mission, components, adherence to appropriate standards and review mechanisms for the provision of health care services in the Department.
This Administrative Regulation applies to all providers of health care to inmates. It also applies to administrators and staff making referrals and affected by recommendations of health care providers.
A. "Health care" refers to the variety of goods, services, personnel and procedures involved in providing the full range of prevention, evaluation and treatment of dental, medical and mental disorders.
B. "Provider" refers to any health care organization, administrator, professional, paraprofessional or member of support staff, whether employed by the Department, under contract to the Department or paid on a fee-for-service basis, providing health care services to inmates.
C. "Accessible" has a range of meanings depending on the acuteness and seriousness of the health disorder, but generally means that an inmate will be placed in contact with health care staff qualified to evaluate and/or treat the presenting complaint without undue delay or difficulty.
D. "Reasonable and necessary" means that any treatable problem which significantly impairs the functioning of the individual, and/or presents a risk of contagion to others, and/or which is likely to worsen or cause unnecessary suffering without treatment, will be evaluated and treated according to the current community and professional standards and practices of health care.
AR 833 Health Services 2 of 3
It shall be the policy of the Department to provide health care services accessible to all inmates, which, at a minimum, meet reasonable and necessary health care needs.
A. Each service shall be administered from within the Department of Correction in such a way as to ensure proper care of inmates, effective working relations with other divisions and staff, and program consistency with the mission and methods of the Department.
B. Each administratively separate health care service shall establish policy and procedures consistent with applicable standards regulating the professional practices of that service.
C. Each service shall establish a staffing pattern, whether based on funded positions, contract, or fee-for-service, that ensures an adequate number of staff to make services readily available, and proper credentialing to ensure quality of care.
D. Each service shall ensure that all inmates entering the Department are screened, their health status documented, and that referrals for treatment are made promptly when serious needs exist.
E. Each service shall establish procedures for inmate access to necessary services that are not provided within the confines of the Department. When transfer to another facility is required, procedure must address any impact on liberty interests and/or stigmatization.
F. Each service shall have policy and supporting documentation addressing issues of informed consent about procedures, the principle of least restrictive or intrusive treatment, and the right to refuse treatment.
G. Each service shall keep proper records of health needs and service delivery. Procedures will be written for safeguarding confidentiality and for informed consent for release of information.
H. Each service shall have a mechanism for handling requests and grievances in such a manner as to assure prompt attention to needs and rapid resolution of problems.
I. Each service shall have formal lines of communication with the warden/center supervisor to ensure proper notification concerning health needs, health care recommendations and incidents relating to health care services. This line of communication shall also provide for regular meetings to resolve problems and conflicts.
J. Medical Services shall have procedures for dealing with special needs inmates, such as the aged, chronically ill, and those having severely limited perceptual or motor abilities.
AR 833 Health Services 3 of 3
K. Mental Health Services shall have procedures for dealing with mentally disordered, mentally regarded, brain damaged and suicidal inmates, including provisions for special needs inmates requiring intensive and/or long term care.
L. Each service shall establish some mechanism of quality review and/or certification to ensure that the service is adequately providing for the needs of the inmate population.
M. Each service shall provide for training of staff and inmates in disease prophylaxis, recognition of problems, response to emergency health problems, and health care programs.
Standards for Health Services in Prisons, National Commission on Correctional Health Care, 1987.
Certification Standards for Health Care Programs, American Correctional Association, 1989.
08-09-2006, 06:08 PM
To ensure that the mental status of mentally disordered and/or retarded inmates is appropriately assessed, communicated and considered in the process of enforcing institutional rules.
The above policy applies to inmates observed by a member of the Arkansas Department of Correction staff as exhibiting behaviors, such as unexplained agitation or bizarre behavior, mental confusion or retardation, and/or inappropriate emotional reactions,
OR IS KNOWN TO BE
A. In a program for the mentally disordered or retarded; or
B. On any level of suicide precautions; and/or
C. Charged with self-mutilation other than tattooing.
An inmate to whom this policy applies will be evaluated by Mental Health Services. The results of this assessment will be communicated to the Chief Security Officer on Form F-834-1. The assessment will result in assigning the inmate to one of three categories:
A. Fully responsible for his/her own behavior.
B. Responsible, but with diminished capacity.
C. Not capable of responsible choice or rational control at the time of the alleged rule infraction. If category "A" or "B" is checked, the Chief Security Officer will attach Form F-834-1 to the disciplinary and proceed in accordance with AR 831. In the cases in which category "C" is checked, the Chief Security Officer and Mental Health Services
AR 834 Procedure for Handling Alleged Disciplinary Infractions by 2 of 3
Mentally Disordered Inmates
staff will arrange appropriate treatment alternatives which also provide for the safety of persons and the security of the institution.
A. Any inmate to whom this policy is believed to apply is to be brought to the immediate attention of the Mental Health Services staff member on duty or on call. An appropriately safe and secure location should be chosen by the Mental Health Services staff member and the Chief of Security to house the inmate, pending evaluation.
B. All procedures delineated in AR 831 for writing and filing Disciplinary Reports will be followed. It will also be noted in the Disciplinary Report that a mental health consultation has been requested.
C. Every effort will be made to do an evaluation promptly and to cause no delay in processing the disciplinary. The assessment will be performed by, or under the supervision of, a licensed mental health professional. A Mental Status Examination or other appropriate assessment will be performed within two (2) working days. However, should additional assessments be necessary, a five (5) day extension may be requested of the Warden.
D. The results of the psychological assessment will be communicated to the Chief Security Officer on Form F-834-1. The explanation of any finding, other than full responsibility will include the basis for that finding and the nature of the impairment.
E. If Form F-834-1 contains information that the inmate has no mental disorder or has diminished capacity, the Chief Security Officer will process the disciplinary in accordance with AR 831. The Hearing Officer may considered the presence of diminished capacity as a mitigating circumstance.
F. If Form F-834-1 contains information that the inmate was not responsible for his/her actions at the time of the infraction, the Chief Security Officer will see that the Disciplinary Report is dismissed and filed in a place designated by the Unit Warden for future availability should subsequent questions arise, or review be necessary. The Disciplinary Report will not be placed in the inmate record.
G. A copy will be sent to the Administrator of Mental Health Services for review. This copy will be subsequently filed in the Mental Health File of the inmate as documentation.
AR 834 Procedure for Handling Alleged Disciplinary Infractions by 3 of 3
Mentally Disordered Inmates
Page 4 of 4
TO: Chief Security Officer
FROM: _______________________________ DATE: _____/____/____
RE: Inmate __________________________, ADC #_____________
The above captioned inmate was referred to Mental Health Services for assessment that he/she had the mental capacity to understand that the alleged behavior was wrong and had the ability to conform his/her behavior to the rules of the Arkansas Department of Correction as stated in AR 831.
It is my professional opinion that the inmate in question was, at the time of the alleged rule infraction:
( ) able to appreciate the wrongfulness of his/her actions and was fully responsible for them.
( ) psychologically impaired to a degree that may be weighed as a mitigating circumstance but is responsible for his/her actions.
( ) unable to appreciate the wrongfulness of the behavior. Treatment will be provided by Mental Health Services to prevent a recurrence of the behavior.
Explanation __________________________________________________ _________
Mental Health Staff Member Reviewed by
08-09-2006, 06:09 PM
The Board of Correction and Community Punishment (BCCP) is vested with the authority to promulgate this administrative regulation by Ark. Code Ann. §§ 12-27-105, 16-93-1203 and 16-93-1205 (Michie Supp. 1995).
This policy applies to employees and offenders of the Department of Correction (DOC) and the Department of Community Punishment (DCP) staff, inmates and residents of Community Punishment Centers.
It is the policy of the Board of Correction and Community Punishment that offenders are provided an opportunity to submit grievances regarding policy, conditions, incidents or actions related to incarceration/confinement which directly impact them.
A. Administrative directives establishing procedures will be set forth by each Agency.
B. Procedures shall, at minimum provide for the following: offender notice of the grievance process; timely, effective and impartial processing of grievances; an appeals process; appropriate documentation of grievance activity; and speedy disposition of emergency situations, with security and safety the paramount concern.
C. Use of the grievance procedure shall occur without restraint, coercion, discrimination, interference or reprisal. Violation of this guideline shall result in prompt and decisive action.
D. The grievance procedure shall exclude complaints regarding release, transfer, disciplinary or other matters excluded by administrative directives.
AR 835 Grievance Procedure for Offenders 2 of 2
American Correctional Association Standards for Adult Community Residential Services, 3d edition, standard 3-ACRS-3D-07 and Standards for Adult Correctional Institutions, 3d edition, standard 3-4271.
08-09-2006, 06:09 PM
The Board of Correction and Community Punishment is vested with the authority to promulgate Administrative Regulations by Act 50 of 1968, Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session (Ark. Code Ann §§16-93-1203 and 12-27-105 of 1993).
To describe conditions under which offenders may be held in segregation.
To all employees, especially those involved in the operation of segregation, and all offenders.
It shall be the policy of the Department of Correction and the Department of Community Punishment to provide secure and safe housing to offenders who require a higher degree of physical control or who staff otherwise find necessary to remove from the general population of the facility.
A. Offenders: Persons sentenced to the Department of Correction or persons sentenced to the Department of Correction for judicial transfer to the Department of Community Punishment, and persons confined within a Community Punishment center as a condition of probation, suspended imposition of sentence, or post prison transfer.
B. Segregation: The confinement of an offender to an individual cell or holding facility that is separated from the general population.
A. An offender may be confined in segregation for, but not limited to, the following reasons:
AR 836 Segregation 2 of 2
1. The offender is potentially dangerous to himself or others;
2. The offender poses a serious escape risk;
3. The offender requests protection or is deemed by staff to require
4. The offender requires immediate mental health evaluation and cannot be in contact with general population offenders;
5. The offender requires medical isolation and medical housing is not otherwise available;
6. Any other circumstances where, in the judgement of staff, the offender may pose a threat to the security of the facility; or
7. The offender is in transfer status to a higher security institution.
B. Segregation of an offender shall not be used as punishment.
C. Specific procedures to be followed for the operation of segregation shall be listed in the appropriate administrative directive(s).
08-09-2006, 06:10 PM
The Department shall provide Protective Custody housing at certain units/centers within the Arkansas Department of Correction. This housing space must restrict unauthorized and unsupervised contact with the general population. Inmates may request to be placed in protective custody if they believe that their safety is being threatened in the general population. The unit/center administration may elect to place an inmate in protective custody if they believe he/she is in danger. Inmates whom the unit/center administration believes may cause (or be in) security risks to the good order and safety of the institution may be assigned temporarily to Protective Custody status. Inmates assigned to temporary protective custody status remain in that status until a determination is made by the Unit Classification Committee that they should return to the general population or remain in Protective Custody or transfer to another unit.
Often an inmate assigned to Protective Custody may have a conflict with other inmates assigned to Protective Custody. Care should be taken by the Chief of Security or his/her designee as to cell assignment, job assignment, recreation, etc., in an effort to maximize each inmate's safety. Programmatic accommodations should be comparable to those provided for the general population commensurate with good correctional security practice.
An inmate may be placed in Protective Custody on a temporary basis upon the approval of the Warden/Assistant Warden/Chief of Security or designee.
Inmate temporarily assigned to Protective Custody will have his/her status reviewed by the Classification Committee after seven days. Inmates assigned to Protective Custody may have their status reviewed every month for the first three months and at least every six months, thereafter. The inmate may appear before the Classification Committee unless a less restrictive classification is being made or security or other concerns warrant non-appearance of the inmate.
AR 837 Protective Custody 2 of 2
1. The Classification Committee shall determine if Protective Custody placement or continued Protective Custody placement for the inmate is justified, or recommend that the inmate be released to the general population or transferred to another unit.
Any of the following may be considered by the Classification Committee in making its decision:
a. The inmate requests Protective Custody and/or his/her physical size, stature or demeanor indicates that he/she is likely to be preyed upon by more aggressive inmates in the general population.
b. The inmate can present verifiable information identifying specific individual(s) who present a threat of physical harm.
c. Information contained in the inmate's Master File or other areas of the criminal justice system may indicate a need for Protective Custody.
d. Other justifiable grounds exist that in the Committee's judgment makes continued placement of the inmate in Protective Custody necessary for the good order and safety of the institution.
2. In making a recommendation that an inmate be removed from Protective Custody, or transferred to another unit, the Committee may consider at least the following:
a. A written report from a member of the treatment staff and/or security staff who is familiar with the inmate and his/her situation.
b. A written report from other inmates, the administrator, the Chaplain, teachers, assignment supervisors, medical technicians, and other appropriate individuals who may have information that may aid in the classification of an inmate.
3. The Classification Committee may assign an inmate to a housing and program assignment in the general population or recommend transfer to another unit.
4. All actions taken by the Classification Committee require a majority vote.
08-09-2006, 06:11 PM
It shall be the policy of the Department of Correction to provide the Unit Warden/Center Supervisor with appropriate authority to respond to serious institutional disturbances; to meet emergency situations; and to ensure adequate documentation of existing circumstances so that the exercise of that authority can be adequately reviewed.
A. Unit Wardens/Center Supervisors may temporarily confine one or more inmates, pending investigation, when faced with a clear and immediate threat to the security of the unit/center or to the safety of its employees, inmates, or others.
B. The Unit Warden/Center Supervisor shall consult by telephone with the Director and/or Assistant Director of Institutional Services prior to taking action, if possible, or immediately after taking necessary steps to confine those inmates determined to be security threats. The same notification and concurrence procedures are to be followed where, in the aftermath of a disturbance or potential disturbance, there is a major change in the inmate's access to the unit/center programs.
C. Subsequent to taking such steps, the Unit Warden/Center Supervisor shall prepare a written report within forty-eight (48) hours for review by the Director and the Assistant Director of Institutional Services. The report shall include:
1. A description of the facts upon which the Unit Warden/Center Supervisor based his/her decision to confine inmates or limit their access to programs.
2. A list of the names of inmates and employees who either participated in or had a good opportunity to observe the facts in question.
D. The Unit Warden/Center Supervisor shall request in writing that all persons listed above file their own separate summary of the event. The written request shall include the assurance that in the absence of a court order, such reports will be accessible to the Director, his designee and the Compliance Administrator.
08-09-2006, 06:11 PM
The authority of the Board of Correction to promulgate this administrative regulation is vested in Act 50 of 1968, First Extraordinary Session.
To describe conditions under which inmates may be held in punitive segregation as a result of violations of Department of Correction rules and regulations.
To all employees and especially those involved in the operation of punitive segregation; and all inmates.
It shall be the policy of the Department of Correction to provide safe, secure housing for inmates who require a higher degree of physical control because they have been found guilty of committing serious rule violations in the unit/centers.
A. Punitive Segregation - A status of confinement that entails separation from the general population for inmates found guilty of committing serious rule violations.
A. Periods of Confinement
1. Inmates may be placed in punitive segregation after an impartial due process hearing.
2. An inmate may be released from punitive segregation after completion of the imposed sentence or when he or she no longer poses a threat to themselves, others, or to
AR 839 Punitive Segregation 2 of 2
3. institutional security and a determination is made that punitive is no longer necessary to regulate the inmate's behavior within acceptable limits.
B. Restrictions and/or Conditions of Confinement
Inmates in punitive segregation may be subject to more stringent living conditions and may be restricted of privileges.
Specific procedures to be followed for the operation of punitive segregation shall be listed in the appropriate administrative directive(s).
08-09-2006, 06:12 PM
The Board of Correction and Community Punishment is vested with the authority to promulgate Administrative Regulations by Ark. Code Ann. §§ 12-27-105, 16-93-1203 and 16-93-1205
(Michie Supp. 1995).
All offenders under the care and custody of the Arkansas Department of Correction and Department of Community Punishment (Departments).
To provide for the health and hygiene of offenders confined or incarcerated in Department facilities, and to maintain a standard appearance throughout the period of incarceration or confinement, minimizing opportunities for disguise and for transport of contraband and weapons.
A. Offenders shall be provided necessary items and services to maintain personal hygiene
B. Grooming regulations to maintain a standard appearance shall be stated in an Administrative Directive.
American Correctional Association; Standards For Adult Correctional Institutions,
Third Edition, 3-4324, and Standards for Adult Community Residential Services 3-ACRS-4D-10.
08-09-2006, 06:13 PM
The authority of the Board of Correction to promulgate this Administrative Regulation is vested in Act 50 of 1968, First Extraordinary Session, as amended.
To describe the procedures that will be used to process inmate property control.
To all employees and especially those involved in the control of inmate property, and all inmates.
It shall be the policy of the Department of Correction to permit only those inmate property items that are necessary for institutional life and do not endanger the security or the safety of staff or other inmates.
A. Personal Property – Items which are purchased by or for an inmate and/or given to an inmate which are authorized to be retained, within limits as posted in the unit/center of assignment, on an inmate’s person or in living or storage area.
B. State Issue Property – Items which are issued to an inmate for his or her personal use and which may be retained within a reasonable amount by the inmate on his or her person, or in the living area.
State issued property other than that of a rapidly expendable nature (i.e., toilet paper, soap, toothbrush, etc.) is to be clearly identified as state property.
C. Contraband – Any article not authorized nor issued to any inmate as personal or state property, nor purchased by the inmate through the commissary. Also included is nuisance contraband.
AR 841 Inmate Property Control 2 of 3
1. Nuisance Contraband – Any item or article which may be or may have been authorized for possession, but which is now prohibited because excessive quantities present health or fire hazards or have become a housekeeping problem. Specific examples include but are not limited to:
a. Excessive numbers of newspapers, letters, or magazines;
b. Food items which have spoiled;
c. Items accumulated for the purpose of barter or trade.
2. Articles in excess of established unit/center limits, articles used for unauthorized purposes, and/or articles in an inmate’s possession in an unauthorized area are also considered contraband.
A system must exist to provide for inmate property control. This system shall include provisions for:
1. Receipt of inmate’s funds and personal property at the time of initial commitment to the state system and upon subsequent commitment to other units/centers;
2. Recording, accounting, and safekeeping of inmate funds and property that are not allowed to be in the inmate’s possession (i.e., contraband);
3. Determination of items that can remain in possession of an inmate while inside the unit/center;
4. Options available to the inmate and warden/center supervisor to dispose of excess personal property;
5. Responsibility for coordination of transportation of inmate’s personal effects upon transfer;
6. Disposition of personal property in the event of an inmate’s death;
7. Verification and return of funds and personal property of inmates upon final release;
8. Audits of records and physical verification of items associated with the inmate property control system;
9. Selection of qualified personnel to serve as Unit Property Control Officers.
These provisions shall be specifically addressed in an appropriate administrative directive.
The appropriate administrative directive shall also include but not be limited to the following: (1) Procedures for property inventory to include appropriate forms to be utilized, (2) Receipts for personal property, and (3) A listing of state issued property and authorized personal property.
AR 841 Inmate Property Control 3 of 3
VII. A.C.A. REFERENCES:
3-4279, 3-4280, 3-4281
08-09-2006, 06:14 PM
The Board of Correction and Community Punishment (BCCP) is vested with the authority to promulgate administrative regulations by Ark. Code Ann. §12-27-105 and 16-93-1203 (Michie Suppl. 1993).
To establish the criteria for determination of incurable illness and permanent incapacitation, and the procedures for referring offenders meeting those criteria to the Post Prison Transfer Board (PPTB) or court of jurisdiction who will make a determination of eligibility for transfer to DCP community supervision.
To convicted felons not under sentence of death who have been identified by physicians as having an incurable illness or to be permanently incapacitated, to medical staff and consulting physicians, and to administrative staff of the Arkansas Department of Correction (ADC) and Department of Community Punishment (DCP).
A. Incurable Illness – An illness which, in the independent opinion of two physicians would be expected, on the average, to result in death within 12 months, despite treatment that meets community standards of care.
B. Permanently Incapacitated – A condition resulting from illness, trauma, or age that renders the individual incapable, either mentally or physically of planning or carrying out future criminal behaviors, and debilitates the individual to a point that a specialized medical setting is required for long term care. This condition, in the independent opinion of two physicians, is considered not to be substantially reversible in standard medical practice.
C. Offenders – Persons incarcerated or confined in the facilities of the Arkansas Department of Correction or the Department of Community Punishment.
AR 850 Offenders with an Incurable Illness or Permanently Incapacitated 2 of 2
D. Community Supervision – Regular contact and monitoring of offenders by probation or parole officers, to ensure compliance with the terms and conditions of release or probation.
It shall be the policy of the ADC and DCP to establish a system whereby incurably ill and permanently incapacitated individuals are identified and called to the attention of the Post Prison Transfer Board to be considered for transfer to community supervision.
A. Upon recognition that an offender is incurably ill or permanently incapacitated, the physician shall make this condition known in writing to the Medical Director, clearly stating the diagnosis and prognosis and the degree to which the condition affects the capacity of the offender to carry out voluntary and self-care activities.
B. The Medical Director shall make, or cause to be made, an independent assessment. If there is disagreement as to whether criteria are met, the Medical Director may set a date for reassessment or request a third opinion by a specialist.
C. The Medical Director or designee shall contact the Administrator of Mental Health Services or designee and request a psychological evaluation on the offender.
D. The originals of all documents shall be sent to the Office of the Administrator of Medical Services/Deputy Director for Residential Services, as appropriate who shall review them for completeness, and once any questions are answered, forward them to the ADC or DCP Director, as appropriate.
E. The Director shall review the documents and may make any comments or add any information deemed appropriate, and shall forward the documents to the ADC Assistant Parole Administrator/DCP Assistant Director for Field Operations.
F. The Assistant parole Administrator/Assistant Director of Field Operations shall cause any field investigations, contacts or other actions specified by the Post-Prison Transfer Board to be done, and shall forward the information to the Post-Prison Transfer Board or court of jurisdiction in the case of DCP, Probation or Suspended Imposition of Sentence (SIS) Residents pursuant to state law and DCP Administrative Directives.
G. Medical Services and/or Mental Health Services will provide any assistance requested by the Post Prison Transfer Board/court in generating a release plan that appropriately addresses the medical/mental health needs of the offender.
H. DCP Probation/SIS residents will be treated in accordance with the determination of the court.
Act 290 of 1995 and Ark. Code Ann § 12-29-401.
08-09-2006, 06:15 PM
The Board of Correction and Community Punishment is vested with the authority to promulgate this administrative regulation by Act 549 of 1993, Regular Session; Act 50 of 1968, First Extraordinary Session, as amended; and Act 1281 of 1993, Regular Session.
To provide for continuity of care for releasees with serious physical or mental disorders or disabilities.
To all employees, especially those involved in the treatment and/or release of inmates with physical or mental disorders or disabilities; and all inmates.
It shall be the policy of the Department of Correction to request emergency medical stays for inmates being released with serious physical or mental disorders or disabilities until transfer to an appropriate treatment setting can be accomplished.
A. Emergency Medical Stay - the retention of a releasee with a serious physical or mental disorder or disability not to exceed 72 hours in duration for provision of an appropriate treatment setting upon release.
Any person incarcerated by the Department of Correction may be permitted to remain within a treatment facility operated or used by the Department of Correction if serious physical or mental disorders or disabilities exist, until release to an appropriate treatment setting outside of the Department can be accomplished.
AR 851 Continuity of Care 2 of 2
A. Request for Emergency Medical Stay
1. A request for emergency medical stay may only be made by a physician or psychologist licensed to practice in Arkansas. Request will be promulgated to the Deputy Director of Treatment Services, Administrator of Medical/Dental Services, or Administrator of Mental Health Services.
a. The physician or psychologist must certify the request to be on behalf of a physically or mentally disordered or disabled person who would otherwise be released without an appropriate patient care system, and such a release would risk the well-being of the person or others.
2. The request for emergency medical stay must be approved by the Director of the Department of Correction, or in the absence of the Director, the acting Director.
B. Imposition of Emergency Medical Stay
1. An emergency medical stay may not be imposed contrary to the will of a mentally competent individual.
2. An emergency medical stay may be imposed contrary to the will of an individual certified by a psychiatrist or psychologist to be incompetent, if no close relative of the individual can be contacted to state the will of the family and involuntary commitment of the individual is being actively pursued in Chancery Court, or with the consent of a close relative.
In all cases, the emergency medical stay shall be dissolved as quickly as possible, and in no case extended beyond 72 hours.
VII. A.C.A. REFERENCES:
08-09-2006, 06:15 PM
The Board of Correction and Community Punishment is vested with the authority to promulgate this administrative regulation by Arkansas Code Annotated §§ 12-27-105.
It is the policy of the Department to prohibit inmates from participating in medical and/or pharmaceutical testing for experimental or research purposes and to allow research in criminal behavior. Research related to criminal behavior may be allowed to the extent that it is consistent with the mission and vision of the Arkansas Department of Correction.
A. There will be no medical or pharmaceutical experimentation or testing involving inmates of the Arkansas Department of Correction.
B. This regulation does not preclude the use of any pharmaceutical or medical procedure which is classified by Public Health Authorities or F.D.A. as in the experimental stage, when it can be instrumental in the treatment of any disease or condition as indicated by proper medical procedure.
C. All requests for voluntary inmate participation in non-medical, non-pharmaceutical and non-cosmetic research programs will be referred to the Management Team. The team will review the proposal for content and methodology. The results of the review along with other pertinent information will be submitted to the Director for approval or disapproval. Information Systems Division will retain information on all research programs approved.
08-09-2006, 06:16 PM
To ensure that procedures for transporting deceased inmates to the Medical Examiner’s Office are properly implemented.
It is the procedure for any deceased inmate to be transported by the Medical Examiner’s Office for an autopsy to be performed. The responsibility of affording this transportation in all cases will be handled by the Medical Examiner’s Office who must also obtain certain information and evidence at the scene to assist in making a diagnosis as to the cause of death. The following items will be sent with the deceased inmate’s body: (Records must be kept indicating what material was sent. The original records will be kept at the unit.)
A. Photostatic copies of intake physical examination.
B. Investigation report of incident (primarily physician’s notes or findings, and statement addressing probable cause).
C. Copies of pertinent lab work, x-ray reports if condition monitored prior to death.
D. Copy of the initial investigation at the scene with formal findings forwarded as soon as available.
E. Either descriptive report of materials found at the scene or, if available, samples of any or all toxic substances.
F. The Medical Examiner’s Office may provide for an on-site inspection and investigation of the death. All arrangements and requests for additional information will be coordinated through the office of the Arkansas Department of Correction Medical Services Administrator.
08-09-2006, 06:17 PM
To establish guidelines for correspondence between inmates and certain persons and organizations for the purpose of retaining community ties, stimulating intellectual pursuits, assisting in attainment of vocational or educational goals, resolving grievances and problems, and facilitating the flow of information in areas of legal concern.
Correspondence, at a wholesome and constructive level, with family members, close friends, associates and organizations is essential to the morale of all confined persons. It may form a positive basis for both present and future adjustment in the unit/center and in the community.
A. There are generally three classes of correspondence: privileged, general, and
1. Privileged Correspondence
Incoming and outgoing correspondence with the persons or organizations specified below shall be considered privileged correspondence as long as the designated individuals are acting in their official capacities and correspondence is properly marked as such.
a. Officers of Federal, State, and local courts
b. Any Federal or State Official
c. Any administrator of the Department of Correction
d. Any member of the Post Prison Transfer Board
e. Any member of the Board of Correction and Community Punishment
f. Inmate's Attorney
g. Any member of the media, including print, radio, and television
Mail from the above will be opened only in the presence of the inmate concerned to inspect for contraband. Mail opened and inspected under these circumstances will not be read or censored, but may be rejected in its entirety if it is found to contain contraband.
AR 860 Inmate Correspondence 2 of 3
There will be no records kept of incoming or outgoing privileged correspondence. Outgoing privileged correspondence shall have the words "Privileged Correspondence" or "Legal Mail" marked on the envelope or it will be considered general correspondence. All incoming mail should be in official letterhead envelopes and clearly identified as "Privileged Correspondence". Media mail should be clearly marked "Media Mail".
2. General Correspondence
Correspondence, other than privileged or inter-unit correspondence, shall be considered general correspondence. Inmates do not need to submit a list of the people with whom they wish to correspond, nor will any approval be needed from the administration prior to correspondence. There will be no limitation placed on the number of letters mailed or received. All general correspondence, both incoming and outgoing, may be opened, inspected, read and records may be kept of all incoming and outgoing general correspondence to see that the family contact is maintained. Such contact is essential for rehabilitation and arrangements may be made, in the absence of family contact, for correspondence with a volunteer.
The full name under which the inmate was committed and the ADC number of the inmate shall be shown in the upper left-hand corner of the envelope on the outgoing mail. Any violation of the rules and regulations which also constitutes a violation of Federal Postal Laws shall be reported to the federal Postal authorities or appropriate personnel responsible for the processing and inspection of such mail. Inmates in punitive segregation will be allowed to send and receive letters on the same basis as inmates in the general population. This will include both general and privileged correspondence.
3. Inter-Unit Correspondence
Inter-unit correspondence is that mail between inmates of the Arkansas Department of Correction. Inter-unit correspondence will be restricted to members of the inmate's immediate family. It will be subjected to the usual rules under general correspondence. Inter-unit correspondence must have the approval of both the sending and receiving unit/center Warden/Center Supervisor.
Inmates who are authorized hobby craft cards may order and receive items previously approved by the Warden/Center Supervisor or his/her designee. No other packages will be allowed except with the approval of the Warden/Center Supervisor and the appropriate Assistant Director.
Items needed may be purchased through the commissary.
1. Inspections: Mail or hobby craft packages can be opened in order to determine if anycontraband items are contained therein and to remove any such contraband items.
AR 860 Inmate Correspondence 3 of 3
2. Contraband: Any item that is not permitted under the usual rules of the unit/center.
3. Rejection: Subject to review and rejection of such material which the officials sincerely believe presents a clear and present danger to institutional security.
D. The administrator reserves the right to inspect, read, or stop any mail or hobby craft packages where there is reason to believe a clear and present danger to the security of the unit/center exists.
E. The Department will not accept postage due mail or hobby craft packages.
F. All letters will be written in the English language unless there is approval by the Warden/Center Supervisor to do otherwise.
G. Violators of correspondence regulations will be subject to disciplinary action.
08-09-2006, 06:18 PM
The Board of Correction is vested with the authority to promulgate this Administrative Regulation by Act 50 of 1968, as amended.
This Administrative Regulation establishes the process by which the Arkansas Department of Correction determines publications to be received by the inmate population.
To departmental staff and all inmates within the confines of the Department of Correction.
A. Publications: Books, magazines, catalogs, advertising brochures, religious tracts, newspaper or the like.
B. Commercial Outlet: Publisher, bookstore, educational or vocational institute and the like.
C. Charitable Outlet: A religious group or an incorporated nonprofit organization established to promote literacy or to provide literature for indigent inmates.
Inmates may receive publications from recognized commercial, religious or charitable outlets. All publications are subject to inspection, and may be rejected if found to be detrimental to the security, discipline or good order of the institution or if they propose, condone or provide information likely to facilitate criminal activity.
AR 864 Publications 2 of 3
A. The Warden/Center Supervisor shall designate staff to review incoming publications.
B. Publications may be rejected if they are believed to contain, but not limited to the following types of information:
1. Providing instructions for devising weapons or for combat techniques, which would endanger institutional security or safety.
2. Encouraging or describing methods of escape.
3. Providing instructions for production of alcohol or other drugs.
4. Promoting illegal discrimination, violence, verbal or sexual abuse or inflammatory attitudes toward any racial, sexual, age, handicapped or other individuals or group(s).
5. Encouraging or instructing in the commission of criminal activity or depicting in graphic and provocative fashion illegal actions including illegal sexual behavior.
Publications recommended for rejection will be referred to the Warden/Center Supervisor for final decision. Decisions must be made on the contents of an individual publication, not on the basis of a list of approved publications or previous issues.
C. The Warden must approve or reject the publication within 30 days of receipt. If the publication is rejected the inmate must be notified, in writing, of any decision to reject and the basis for rejection of the publication. The inmate is also notified of appeal procedures and options for disposing of the publication. The inmate must sign that the notice of rejection has been received. Should the inmate refuse to sign, an employee will attest to the fact that the inmate was duly notified.
D. The decision to reject a publication may be appealed to the Publications Review Committee: The Assistant Director of Institutions, the Assistant Director of Field Services, and the Administrator of Chaplaincy Services. Depending upon the origin of the appeal, either of the Assistant Directors may chair the committee. The appeal must be initiated within 10 days of the receipt of notification of the Warden/Center Supervisor's recommendation to reject the publication.
E. Any rejected publication will be held safe by the Warden/Center Supervisor until the appeal process has been completed, or until the 10-day period for filing an appeal has expired.
F. Options for disposing of an unacceptable publication are:
AR 864 Publications 3 of 3
2. Return of the publication to the sender at the expense of the inmate unless return postage is guaranteed,
3. Mailing the publication to a third party at the expense of the inmate.
08-09-2006, 06:19 PM
STATE OF ARKANSAS
BOARD OF CORRECTIONS
AR 865 – Visitation Page 2 of 4
Visits shall be scheduled regularly at times that will assure reasonable access to offenders and in
accordance with the appropriate administrative directive and facility standard operating
procedures. Each facility shall maintain a list of visitors approved for visitation of individual
Rules pertaining to visitation shall be readily available for visitors and offender.
1. Persons under the age of 18 may visit only with the permission of a parent or
2. Prospective visitors shall be subject to an approval inquiry.
a. There will be no approval inquiry required for attorneys and ministers of
3. Persons with a prior criminal conviction(s) may be considered for a visit only
with an immediate family member.
4. Upon good cause or substantial evidence, persons believed to have a detrimental
effect on the offender or who constitute a threat to the security and good order of
the facility may be removed from an approved visitation list upon authorization of
the warden/center supervisor.
1. Visitors shall be made aware they shall be subject to a search prior to visiting with
2. All searches shall be conducted in accordance with the appropriate administrative
regulation and directives concerning searches for and control of contraband.
C. Visiting Conditions
1. Visits shall be supervised by staff at all times during the allocated time.
2. Consistent with the security needs of the facility, contact visits may be restricted.
a. Where contact visitation is allowed, the offenders and visitors may briefly
embrace upon arrival and departure and may sit side-by-side. Small
children may sit on the offender’s lap.
AR 865 – Visitation Page 3 of 4
3. An attorney visiting area shall be provided to ensure privileged communications
between offenders and their attorneys; however, the area used for these visits is
subject to general staff supervision.
D. Visitation Restrictions
1. Limitations may be imposed on the number of visitors an offender may have at
2. Items carried into the visitation area by the visitor and offender shall be restricted.
3. Any behavior on the part of the offender or visitor which is or may be disruptive
to the security and good order of the facility or is in violation of departmental
policy/procedure will result in denial or termination of the visit.
4. Inmates in punitive segregation have opportunities for visitation unless there are
substantial reasons for withholding such privileges. Visits will be conducted for
two (2) hours, once a month (calendar) and scheduled at least 24 hours in
advance. The Warden or designee must approve all such visits. Approval will be
contingent upon but not limited to:
a. Nature of rule violation.
b. No further rule violations while housed in punitive.
c. Satisfactory cell inspection report.
A legal visit may be approved in advance by the Warden/Unit Supervisor. This is
to be done only when the attorney can justify the urgency of the legal matter to be
taken prior to the release from punitive status, then only with the consistent need
for good security.
5. Other restrictions may apply as indicated in the appropriate administrative
directive(s) and/or standard operating procedure(s).
1. Staff assigned visitation duties shall maintain a record of approved visitors.
2. All visits shall be documented as to date, person visiting, time visited, and any
F. Special Visits
1. Upon approval of the warden/center supervisor, special visits may be allowed for
attorneys, spiritual advisors, offenders in special housing/assignment/status, and
persons residing outside a set radius from the facility.
AR 865 – Visitation Page 4 of 4
2. Special visits shall be scheduled in accordance with guidelines established in the
appropriate administrative directive(s) and facility procedure(s).
VII. A.C.A. REFERENCE:
3-4440, 3-4441, 3-4442, 3-4445, 3-4446, 3-4255.
08-09-2006, 06:20 PM
The Board of Correction and Community Punishment is vested with the authority to promulgate this Administrative Regulation by Act 50 of 1968, Extraordinary Session, as amended; Act 697 of 1993; Acts 548 and 549 of 1993, Regular Session; (A.C.A. ss 16-93-1203 and 12-27-105 supp. 1993).
To establish policy and procedures concerning offender access to telephones.
To all offenders and all employees involved in authorizing the use of telephones by offenders.
It shall be the policy to provide offenders with reasonable access to telephone usage.
A. Unit wardens and center supervisors may provide offender access to coinless collect telephones at units/centers in accordance with appropriate Administrative Directive(s).
B. The use of telephones by offenders at units/centers not authorized access to coinless collect telephones will be limited to only authorized telephone calls.
A. Offenders at units/centers with coinless collect telephones will only be allowed to make calls during approved times.
B. Telephone contact with offenders' attorneys may be approved upon presentation of evidence the call is necessary.
C. Policy and procedure for the use of telephones shall be covered by Administrative Directive(s) and Administrative Memoranda from the appropriate Deputy Director.
08-09-2006, 06:21 PM
This policy establishes guidelines for inmates requesting to marry while incarcerated within the Arkansas Department of Correction.
An inmate will be permitted to marry a person of the opposite sex in accordance to the laws of Arkansas. The plans for the ceremony may be regulated by the Unit Warden/Center Supervisor to protect the security or operation of the institution.
A. Any inmate requesting marriage while assigned to a Unit/Center shall submit a written request to the Unit Warden/Center Supervisor at least ninety (90) days prior to the proposed marriage. The request shall include:
1. The name and age of the prospective marriage partner.
2. The proposed date of the marriage.
The ceremony may be performed by a Departmental Chaplain or anyone authorized by law to conduct the rites of matrimony and approved by the Unit Warden/Center Supervisor. Verification of the official’s credentials may be required.
B. The Unit Warden/Center Supervisor or his/her designee may adjust the proposed date, time, and attendants of the ceremony as deemed necessary to maintain Unit/Center security and orderly operations. The inmate shall be advised of any changes in ceremony plans, and may appeal such changes through established inmate grievance procedures. The ceremony may be held on the date requested by the inmate unless there are compelling reasons for a change of the date.
1. The marriage ceremony shall be supervised by the Chaplain at the designated unit chapel area and shall take place during normal weekday working hours.
AR 870 – Marriages of Inmates Page 2 of 2
2. The ceremony shall take place in a secure area not accessible to other inmates. If a chapel is not available, a place for the ceremony will be arranged by the Unit Warden/Center Supervisor and the Chaplain.
3. The Department’s security regulations concerning photographs and authorized items shall apply to marriage ceremony participants.
C. The Chaplain must conduct a pre-marital counseling meeting with both the inmate and the intended spouse to allow for clarification of any issues regarding the impending marriage.
D. Any required blood work of an inmate will be drawn by Departmental medical personnel and shall be forwarded to a private or non-departmental source for testing at no cost to the Department, as coordinated by the Chaplain and the inmate.
E. All financial obligations for any activity listed herein, not specifically stated to the contrary, shall be borne by the inmate or other private sources.
F. All legal requirements for the marriage must be met in a timely manner. Transportation and proper security for inmate to obtain a marriage license at the nearest county seat will be arranged by Unit Warden/Center Supervisor at his/her convenience.
G. No reception or visitation will be permitted following the ceremony.
H. In the event that inmates of different Units/Centers wish to marry, each inmate shall submit a request to the appropriate Unit Warden/Center Supervisor. Marriage ceremony arrangements, preparations and any necessary transportation shall be by mutual agreement of the Unit Wardens/Center Supervisors or their designees. The marriage ceremony shall be subject to the same limitations and conditions as those imposed on an inmate to non-inmate marriage ceremony.
08-09-2006, 06:22 PM
I. POLICY OF DEPARTMENT:
To establish uniform procedures and ensure the safety and security of all inmates, staff and community when assisting the Office of Emergency Services and/or National Guard in times of disaster in the State of Arkansas, as requested by the Chief Executive Officer of the State.
A. All requests for disaster assistance must be referred to the Director, (Assistant Directors in the absence of the Director), who has the authority to gather information, determine priority(ies), and to approve or deny those requests.
In death threatening situations or extreme emergencies where immediate responses are called for, authorization may be given by the Warden/Center Supervisor of the unit/center closest to the disaster site, while notifying the Director.
The uniform procedures are:
1. When requests for assistance are denied, the Director or designee will explain the denial to the requesting agency.
2. The Director or his designee, upon approval, will determine which unit(s)/center(s) will participate, (based on the location of the disaster), the security classification of inmates, and the number needed to perform the work.
3. The appropriate Warden/Center Supervisor or his/her designee will be notified by the Director or his designee and will initiate the process of forming an Inmate Emergency Work Crew in accordance with unit/center Standard Operating Procedures (SOP).
B. The Department is subject to 24-hour call for disaster related assistance with institutional security and staff/inmate safety being given top priority.
After the Director or his designee's approval, every effort will be made by the Arkansas Department of Correction to have the Inmate Emergency Work Crew en route to the designated work site within three (3) hours maximum.
C. Inmates will work only in areas where the requesting official has responsibility and authority. The requesting official must have primary authority in the specific disaster area, e.g., the county judge within a county, the mayor within the city limits or a state department head on
AR 876 Inmate Emergency Work Assignments During Disasters 2 of 2
his/her departmental grounds. The Director or his designee will ascertain the contact person and inform the appropriate Warden/Center Supervisor accordingly.
1. The scope of work includes clearing only rights of way or other public facilities. A right of way is defined as a corridor purchased for public use, to construct or build and maintain a road facility for public use, to construct or build and maintain a road facility for public use, e.g., highways, roads, streets, driveways and walkways. (ADC Inmate Emergency Work Crews will not work on private property under any circumstances.)
2. Working hours will be determined considering good security and inmate safety.
3. In assisting during a disaster, the Arkansas Department of Correction will furnish the following:
a. Inmate Emergency Work Crew(s)
b. Supervisory and security staff during work
c. Transportation of inmates and staff to and from work sites
d. Appropriate hand tools (axe, shovel, hoes)
4. Meals and lodging for inmates and staff, if needed, must be provided by the requesting agency. The requesting agency will be required to provide transportation for inmates and staff to and from work sites and appropriate hand tools, if these cannot be furnished by the Arkansas Department of Correction.
D. The Warden/Center Supervisor for each unit/center is responsible for developing Standard Operating Procedures (SOP) to ensure smooth implementation of this regulation. The Warden/Center Supervisor will provide the Director and Assistant Directors with copies of the SOP.
E. The Department of Correction will work with the requesting agency on details and handling the reimbursement of Arkansas Department of Correction expenses.
08-09-2006, 06:23 PM
The Board of Correction is vested with the authority to promulgate Administrative Regulations by Act 50 of 1968 as amended, and by the Administrative Procedures Act (Act 434 of 1967); Act 42 of 1981, Regular Session.
This Administrative Regulation establishes the process for recruiting, screening, approval, training, coordinating, and documenting the activities of volunteers within the Arkansas Department of Correction.
The Coordinator of Volunteer Services; Unit Wardens, Center Supervisors and their designees for dealing with volunteers; staff who use volunteers in their operations; and volunteers.
A. Regular Services Volunteer: For the purposes of this policy, a Regular Service Volunteer is an individual who offers services to the Department, without charge and on a repeated or ongoing basis, after having met the Department's screening and training requirements.
B. Occasional Service Volunteer: For the purposes of this policy, an Occasional Service Volunteer is an individual or group who offers support to Department programs on a single event or episodic basis, having been screened and trained only to the extent necessary to carry out a narrowly defined role or task.
C. Interns: For the purposes of this policy, an Intern is an individual who offers services to the Department as part of an academic or training program on a time limited basis as defined in an internship agreement. For purposes of this policy, an intern shall be considered a volunteer.
D. Group: For purposes of this policy, a group may consist of Regular Service Volunteers, Occasional Service Volunteers, Interns, or any combination thereof, provided that each member of the group meets the applicable qualifications outlined in the Administrative Directive on Volunteer Services.
AR 881 Volunteer Services 2 of 2
It shall be the policy of the Department to encourage citizen volunteer participation in various programs for the purpose of enhancing and expanding services to inmates. Volunteers will assist, but may not supplant paid staff.
A. General procedures for implementation of this Administrative Regulation shall be specified in an appropriate Administrative Directive.
B. Specific criteria for the use of Regular Service Volunteers, Occasional Service Volunteers, and Interns in those programs regularly using Regular Service Volunteers, Occasional Service Volunteers, and/or Interns are to be stated in the policy and procedure manual of each program area.
C. Copies of the Administrative Directive on volunteer services and such program policy and procedure applicable to the volunteer shall be provided for each Regular Service Volunteer or Intern and should be discussed with Occasional Service Volunteers.
VII. A.C.A. REFERENCES:
3-4115, 3-4117, 3-4118
08-09-2006, 06:24 PM
The Board of Correction and Community Punishment is vested with the authority to promulgate Administrative Regulations 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).
To establish access to religious ministers and materials, and to ensure opportunities for the practice of religion within the Department.
This Administrative Regulation applies to all staff and offenders of the Department, all ministers and volunteers carrying out their ministry inside the Department, and any spiritual advisor or minister providing ongoing linkage between a religious group and an offender of the Department.
A. Religion: A set of beliefs and corresponding practices based on sacred writings, and/or having historically established support, which play a central role in the everyday life of a recognizable and cohesive group in society.
B. Minister: An individual ordained or otherwise recognized, according to the precepts of the religion represented, qualified to teach religious precepts, provide spiritual counsel, and conduct religious services.
C. Volunteer: An individual having the approval of a religious group or authority, approved through the procedures of the Department, and trained in applicable regulations and expectations of conduct to be followed inside the Department, who provides for, or assists in providing for, the religious needs of offenders.
D. Restrictions: Generally diminished rights consistent with incarceration and specific limitations on religious conduct deemed necessary to meet legitimate penological interests.
AR 883 Chaplaincy Services 2 of 3
E. Offenders: Persons sentenced to the Department of Correction or persons sentenced 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.
It is the policy of the Department to allow offenders access to the opportunities and means to learn about religions and to practice a religion of choice, without undue restriction.
A. Chaplaincy services shall establish and review annually a policy and procedures manual guiding ministers and volunteers regarding religious practices within the Department.
B. Any restrictions to be placed on the practice of religion will be approved by an ad hoc committee comprised of the Director's staff and the Administrator of Chaplaincy Services. A representative of the affected religion will be afforded the opportunity to present the case against the restriction. The committee will make a recommendation for the approval of the Director.
C. Wherever restrictions are necessary, the least severe acceptable restriction will be used, and a substantive equivalent, if available and not imposing an undue burden on Department officials, will be provided for the restricted activity.
D. Any religious activity which involves inflammatory statements about the characteristics, beliefs practices of another group, threats against the order and safety of the facility, or instigation of conflict among the group members which compromises the safety of the group or the safety of others may be curtailed immediately with the approval of the senior security officer on duty.
E. Restrictions of religious practice may be placed on clearly defined groups of offenders, based on their security status and the breach of security that allowing those practices would entail. Such restrictions shall apply evenly to all offenders of the same security status. And, where consistent with good security, alternative opportunities for the practice of religion shall be afforded.
F. The Department shall show no favoritism toward, nor selectively impose restrictions against, a particular religion. However, the burden for demonstrating that an unusual, illogical or unorthodox set of practices does have scriptural, historical and consensual validity as a religion, is placed upon the offender.
G. Participation in religious activities shall be voluntary. Participation in some activities may be restricted, where canon law or the tenets of the religion demand such restriction. Any restrictions imposed must be registered with the Administrator of Chaplaincy Services or appropriate staff and have prior approval.
AR 883 Chaplaincy Services 3 of 3
H. Fasts or dietetic restrictions are permitted. Additional or substitutional food items require prior approval through the Administrator of Chaplaincy Services or appropriate staff. Food or beverage items that would otherwise be contraband must have prior approval of the Director. Blanket approval may be given and regulations set by the Administrator of Chaplaincy Services or appropriate staff.
I. The Department shall not furnish religious materials. Access to purchased or donated religious materials may be arranged through the Administrator of Chaplaincy Services or appropriate staff, in consultation with the appropriate Deputy or Assistant Director.
J. Application for approval of visits by spiritual advisors should follow normal visitation procedures. Special visits should be channeled through the senior chaplain of the facility who will make a recommendation to the warden/center supervisor.
K. Notification to offenders of family emergencies and notification to families of offender mishaps shall involve the Chaplaincy Services.
ACA Standard 3-4459; 3-4460; 3-4461; 3-4300.
Act 8 of 1988.
Act 23 of 1988.
08-09-2006, 06:25 PM
The authority of the Board of Correction to promulgate this Administrative Regulation is confirmed in Act 50 of 1968 as amended and Act 492 of 1989.
To establish policy concerning the operation of a boot camp program.
To eligible inmates and department staff.
It shall be the policy of the Department of Correction to allow selected inmates of the same sex to voluntarily participate in a 105-day (15 weeks) program of intensive behavior modification in an arduous, physically demanding, military-like environment, otherwise known as a "boot camp." The Boot Camp Program is an intensified correctional program to deter repetition of criminal behavior and illegal drug use reducing the need for long term incarceration. Upon successful completion of the program, as described in the Boot Camp Program Manual, the inmate will be administratively transferred to supervision in the community.
Only offenders who have not been previously incarcerated for a felony in an adult facility and are serving sentences of ten years or less for non-violent offenses, as described in the Boot Camp Program Manual will be eligible for the program. The following procedures have been established for the selection of inmates to be assigned to the program.
AR 888 Boot Camp Program 2 of 3
1. Inmates who represent an unacceptable threat to the public will be ineligible for the program.
2. Inmates having an undisposed felony detainer filed against them will be ineligible to participate in the program.
3. Inmates who are determined by the Medical or Mental Health personnel to be unfit for the arduous physical and psychological demands of the program will not be considered for the program.
4. Inmates, determined by the Selection Committee, likely to be disruptive to the necessary smooth functioning of the program will not be considered.
1. The inmate must be serving his first incarceration for a felony in an adult correctional facility.
2. The inmate must be serving a sentence of ten years or less.
3. The inmate must be eligible for minimum security status. A risk assessment profile system will be utilized to assist in this determination.
4. The inmate must volunteer for the Boot Camp program and agree to abide by all rules and regulations established by the Department.
5. The inmate must agree to an approved in-state release plan upon release.
C. Assessment and Assignment:
Inmates received by the Department who meet the eligibility requirements and apply will be assessed by the staffing team at the Diagnostic Unit to determine probable success in such a program. Applications which receive favorable recommendations will be forwarded to the Classification Administrator for review and approval/disapproval, then forwarded to the Director or his designee for approval/disapproval for assignment to the Boot Camp program.
D. Program Participation Agreement:
Inmates who are approved for program participation will agree to abide by all Department of Correction rules and will agree to participate in self- improvement programs and work programs at the Boot Camp. Inmates who, once assigned, violate rules and regulations, drop out and/or
AR 888 Boot Camp Program 3 of 3
refuse to continue with the program are subject to disciplinary action and reassignment to the normal routine for general population confinement as recommended by Boot Camp Committee.
E. Reconsideration Ineligibility:
Any inmate, during orientation, may choose to participate or not to participate in the program. Those who choose not to participate or who once assigned are found guilty of a disciplinary, or drop out of the program for whatever reason become ineligible to be reconsidered for the Boot Camp Program.
The following exceptions may apply:
Participants who become temporarily unable to continue in the program because of illness or injury may be considered for reassignment to the program.
Participants who demonstrate an appropriate attitude but lack the aptitude to finish the program in the designated time frame may be recycled in order to complete the program.
The Boot Camp Committee will evaluate each case and make its recommendation to the Unit Classification Committee.
F. Program Completion and Release:
Inmates who successfully complete the Boot Camp Program will sign a condition of release contract and will be administratively transferred to supervision in the community as determined by Field Services staff.
G. Violation of Release Contract:
Violation of the release contract may be grounds for the inmate to receive enhanced supervision, be placed in a half-way house/residential type treatment program, or be reincarcerated following a violation hearing by a Hearing Officer.
H. Credit for Good Time:
Inmates assigned to the Boot Camp program will earn good time in accordance with established policy. Inmates completing the program will be promoted to Class I-A upon release to community supervision.
I. The procedures for the program will be outlined in a Boot Camp Program Manual, Administrative Directives and/or Memoranda.
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The authority of the Board of Correction to promulgate this Administrative Regulation is confirmed in Act 50 of 1968, First Extraordinary Session, as amended, and Act 427 of 1987, Regular Session.
This Administrative Regulation establishes the policy of the Department of Correction with respect to providing correctional services for jail facilities under Department of Correction management.
This Administrative Regulation applies to all departmental staff involved in the providing of correctional services for jail facilities under the Department of Correction management.
A. Correctional Services – the following functions, services and activities, when provided within a jail facility under Department of Correction management:
1. Operation of facilities to include management, custody of inmates and providing security;
2. Food services, commissary, medical services, transportation, sanitation or other ancillary services;
3. Development and implementation assistance for classification, management information systems, or other information system or services;
4. Education, training and jobs program; and
5. Counseling, special treatment programs, or other programs for special needs.
B. Jail Facility – any detention facility under the management of the Department of Correction that houses prisoners who have not been received as commitments to the Department of Correction.
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It shall be the policy of the Arkansas Department of Correction to provide and/or coordinate correctional services, as contracted with other law enforcement agencies, to jail facilities in a manner consistent with the jail standards established by the Criminal Detention Facility Review Commission.
Each jail facility will have written policies and procedures for the provision of correctional services consistent with minimum jail standards as established by the Criminal Detention Facility Review Commission.
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The Board of Correction and Community Punishment is vested with the authority to promulgate the Administrative Regulation by Ark. Code Ann. §§ 12-27-105.
This policy applies to employees and inmates of the Arkansas Department of Correction.
To comply with Act 737 of the 81st General Assembly of 1997, as amended by Act 218 of 2001, titled, “DNA detection of sexual and violent offenders act,” by establishing guidelines for obtaining DNA samples from certain felons in the custody of the Arkansas Department of Correction.
An Administrative Directive will delineate:
A. those sexual, violent and other offenders affected,
B. methodology for obtaining DNA samples from affected offenders,
C. chain of custody for transmission of samples,
D. authorizations and indemnifications for Arkansas Department of Correction staff involved.
Act 737 of 1997 – “DNA Detection of Sexual and Violent Offenders Act”
Act 218 of 2001 – “An Act to Amend Arkansas Code 12-12-1109 to Add Residential and Commercial Burglary to those Offenses which Require a DNA Sample”