Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.18-001 - Resident Visitation AR

Current through Register Vol. 49, No. 6, June, 2024
ACC AR
		  7.24
RESIDENT VISITATION
I.
AUTHORITY.
The Board of
		  Corrections is vested with the authority to promulgate Administrative
		  Regulations by Arkansas law sections
		  12-27-105,
		  16-93-1203
		  and
		  16-93-1205.
II.
APPLICABILITY.
This policy
		  applies to staff, residents, and persons who visit residents at residential
		  centers administered or operated by Arkansas Community Correction
		  (ACC).
III.
POLICY.
Residents may have visits with their family, friends, attorneys, and ministers
		  under conditions consistent with applicable law, good order, and department
		  rules and regulations. Staff must show respect toward visitors without
		  compromising safety and security. Individuals may apply to visit residents and
		  submit to an approval process which includes an investigation. Further, for the
		  purpose of security and good order, searches of individuals and property may be
		  conducted and contraband, evidence, or potential evidence of a crime
		  seized.
IV.
GUIDELINES.
A.
General
		  Information.
Approved visitors are welcome. To support ACC program
		  objectives, residents will be allowed to receive visitors, following
		  appropriate applicant screening to assure safety and security of employees and
		  residents. ACC can limit visitation pursuant to applicable law and for such
		  reasons as programming and scheduling requirements, resident behavior, and
		  security concerns.
People who wish to visit residents must apply using Form 1,
			 "Application to Visit a Resident." For the safety of residents, staff, and
			 visitors, certain precautions are necessary including conducting a background
			 check of people who apply to visit residents. Applicants will be screened
			 giving weight to the potential for therapeutic benefit of their visit.
			 Investigations will consist of an ACIC/NCIC criminal history check, assessment
			 of information provided on the Application to Visit a Resident Form, and any
			 information obtained from Parole/Probation Officers, or other reliable sources.
			 Staff also use detection equipment and conduct pat searches when appropriate.
			 Violators of rules are subject to prosecution pursuant to Arkansas law section
			 5-54-119.
			 Visitors must follow rules to ensure safety, security, and to set the example
			 for residents who are learning to follow rules. Although precautions are taken
			 to assure safety and security, visitors must understand there are risks.
B.
Resident's
		  Responsibility.
The resident must provide the "Application to Visit a
		  Resident" form to each person he/she wants to visit.
C.
Searches.
Visitors are
		  subject to search and may be asked to wait in the area for permission to enter.
		  They are free to leave at any time, unless they are suspected of trying to
		  introduce contraband or committing any other felony on ACC grounds. In these
		  situations, they may be detained until law enforcement arrives to take them
		  into custody." Any personal or State property is subject to reasonable search
		  when on State property or in the possession of someone on State property.
		  Visitors may be pat searched by an authorized person of the same gender.
		  Visitors who refuse to be searched are subject to having their visitation
		  ended, being barred from entering or remaining on ACC property, and having
		  visitation privileges revoked.
Reasons for searches include the following:
* routine visitor search
* a special security search of people entering, leaving, or
			 currently on ACC premises
* before, during, or immediately following a visit with a
			 resident
* reasonable suspicion. Reasonable suspicion is a degree of
			 certainty based on facts and reasonable inferences that causes a person to
			 believe a law, conditions of supervision, or policy has been violated.
* if a crime/critical incident has occurred.
D.
Documentation.
Visitor application information must be entered in eOMIS where it
			 will be available for use by any ACC or ADC facility. Staff should also enter
			 comments in eOMIS about any problems with a particular visitor.
E.
Visitation Conditions and
		  Restrictions.
1. Visitors must
		  complete, sign and have on file an approved "Application to Visit a Resident"
		  Form at the appropriate center prior to being allowed resident
		  visitation.
2. All visitors age 15
		  and older must show valid photo identification. Children under 15 may be
		  required to show photo identification or a birth certificate.
3. All visitors must follow staff
		  instructions and comply with the visitation policy, procedures and
		  rules.
4. All visitors may be
		  photographed by staff and photos may be maintained for future identification;
		  such photos should be uploaded to eOMIS and deleted from the camera.
5. Visits will be continuously supervised by
		  staff.
6. An attorney visitation
		  area will be provided upon request to ensure privileged communication between
		  the attorney and client; however, the area is subject to general staff
		  supervision. No background investigation is required for attorneys. However, an
		  attorney may be asked to sign a statement indicating he/she is a licensed
		  attorney and represents (attorney of record) or is in the process of
		  determining whether to represent the resident. Attorney visits must be
		  scheduled at least 24 hours in advance.
7. The number of concurrent visitors for a
		  resident may be limited.
8. Visits
		  may be terminated, restricted or suspended if there is poor or disruptive
		  behavior on the part of the resident or visitor or-as part of a therapeutic
		  measure imposed on a resident for rule violations.
9. Visits will not be allowed for residents
		  in Disciplinary Detention, Reflection Chair status or pending transfer to the
		  Arkansas Department of Correction.
10. Residents may not have visitors while in
		  Treatment Phase 1 (Orientation Phase) other than visits from an attorney or
		  minister.
11. Residents in the
		  Supervision Sanction Program who earn visitation privileges may be allowed
		  visitors as established by the program schedule and criteria.
12. Restrictions may be placed on articles
		  taken into the visitation area. Additional restrictions and conditions may be
		  imposed considering the therapeutic benefits, space limitations, and risks to
		  security and order.
13. Special
		  visits between regularly scheduled visitation times may be allowed in certain
		  circumstances when approved by the Center Supervisor for situations such as:
* complying with court orders,
* signing documents,
* when requested by the Department of Human Services,
* accommodating a visitor who lives more than 300 miles from the
			 center,
* accommodating ministers, job interviewers, housing
			 representatives, or other representatives assisting the resident with
			 transition back into the community. A minister is person who has been ordained,
			 licensed, or authorized by a sitting Pastor of a church of record to serve as a
			 spiritual advisor. Documentation of such authorization may be required.
14. All visitors must sign in and
		  out. Those making special visits are also required to wear a visitor
		  badge.
F.
Video
		  Visitation.
To provide both the resident and their family a way to
		  improve family reunification while minimizing security-related incidents or
		  concerns, a video visitation system, which allows residents and visitors to
		  communicate byway of video conferencing equipment, may be used at residential
		  centers.
The guidelines, restrictions and directions for video visitation
			 use must be further explained in an Administrative Directive.
V.
ATTACHMENTS.
AR 7.24
Form 1 - Application to Visit a Resident
Click here
			 to view image
AR 7.24
Form 2 - Visitation Rules and Conditions
Click here
			 to view image