Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.13-002 - Rule 7.4 - Public Release of Offender Information; and to repeal DCP 7.4 - Offender Records

Current through Register Vol. 49, No. 6, June, 2024
AR 7.4
PUBLIC
		  RELEASE OF OFFENDER INFORMATION
I.
AUTHORITY.
The Board of Corrections is vested with the authority
		  to promulgate this administrative regulation by Ark. Code Ann.
		  12-27-105,
		  16-93-1203,
		  and
		  16-93-1205.
II.
APPLICABILITY.
This applies
		  to Arkansas Community Correction (ACC) employees and medical contractor
		  staff.
III.
POLICY.
ACC must maintain a full and complete record of every offender under its
		  supervision and protect the integrity of such records in accordance with
		  Arkansas law section
		  12-27-125(b).
IV.
DEFINITION.
Offender Record.
A full and complete record in
			 written or electronic form of each person supervised by Arkansas Community
			 Correction, which must include but is not limited to a photograph of the
			 convicted person, conviction data, criminal history, and electronic
			 transmissions and recordings that chronicle the activities and conversations of
			 offenders.
V.
RELEASE
		  OF INFORMATION.
A. Disclosure or
		  inspection of information contained in offender records is prohibited unless
		  authorized by this Administrative Regulation or by court order.
B. Only the following information from an
		  offender record for an offender housed at an ACC facility may be released to
		  the general public:
1. Offender's name,
		  aliases, ACC number, photograph, physical description, date of birth, date of
		  death, age, race, and gender.
2.
		  Date of confinement.
3.
		  Facility(ies) of confinement, work assignments, and program participation
		  (unless it involves drug and alcohol or mental health program
		  participation).
4. Current
		  offense(s), sentence(s), sentence date(s), county(ies) of conviction, case
		  number(s), total time to serve, parole/transfer eligibility date, movements and
		  behavior.
5. Prior confinement,
		  offense(s), sentence(s), sentence date(s), county(ies) of conviction, case
		  number(s), movements, behavior and parole/clemency history, including date(s)
		  of release and date(s) of return to ACC or ADC.
6. Detainers.
7. Furloughs.
8. Escape history.
C. Only the following information from an
		  offender record for an offender on probation or parole with ACC may be released
		  to the general public:
1. Offender's name,
		  aliases, photograph, physical description, date of birth, date of death, age,
		  race and gender.
2. Dates of
		  supervision.
3. Office of
		  supervision and program completion while under supervision (unless it involves
		  drug and alcohol or mental health program participation).
4. Current Supervision: offense(s),
		  sentence(s), sentence date(s), county(ies) of conviction, case number(s), total
		  time to serve on supervision, revocation history, transfers, adherence to
		  conditions of release and behavior.
5. Prior supervision: offense(s),
		  sentences(s), sentence date(s), county(ies) of conviction, case number(s),
		  transfers, adherence to conditions of release, clemency history, including
		  date(s) or release and date(s) or return to ACC or ADC.
6. Detainers.
7. Furloughs.
8. Escape history.
D. Information from an offender record in
		  addition to paragraphs B and C above may be released to criminal justice
		  agencies and other governmental authorities unless state or federal law
		  prohibits such disclosure.
E.
		  Information contained in offender records in addition to paragraphs B and C
		  above may be released to appropriate personnel for research and audit
		  purposes.
F. Access to an
		  offender's own record may be granted, or information from the record may be
		  released to the offender and/or his attorney as needed to resolve legitimate
		  questions about the accuracy of information in the record or as required by
		  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.
G. An offender will not be
		  permitted to peruse his/her file at will. The request for access to the file or
		  information contained therein must be made in writing to the Center Supervisor
		  or Area Manager or his/her designee. The offender must state with particularity
		  the information or parts of the file to which access is requested; and the
		  offender's request must be supported by a showing of compelling need. The
		  decision of the Center Supervisor or Area Manager or his/her designee to grant
		  or deny the offender's request is final.
H. An offender will not be given access to
		  another offender's record or any information contained therein.
VI.
REFERENCE.
Arkansas Law section
			 12-27-125(b)
Board Approval Date: 1/23/2014
Reference: 159.
Effective Date: 1/31/2014