Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.93-006 - Access to Inmate Records

Current through Register Vol. 49, No. 6, June, 2024
804 Access
		  to Inmate Records
I.
AUTHORITY
:
The Board of Correction is vested with the authority to
			 promulgate this Administrative Regulation by Act 50 of 1968, First
			 Extraordinary Session, as amended; Act 897 of 1989, Regular Session, an Act to
			 amend Arkansas Code
			 12-27-113(e)
			 regarding records of the Arkansas Department of Correction; Arkansas Freedom of
			 Information Act, Arkansas Code
			 25-19-101 et.
			 seq.;
FURMAN V. HOLLOWAY
, 312 ARK. 378; S.W.2d
			 (1993).
II. PURPOSE:
To outline procedures that staff shall follow to ensure the
			 proper dissemination of all information contained in records of inmates
			 confined within the Department of Correction.
III.
APPLICABILITY
:
To the Director; any staff the Director may charge with the
			 responsibility as keeper of the inmate records; any staff having access to the
			 inmate record or for any reason must inspect the inmate record; and
			 inmates.
IV.
DEFINITIONS
:
A.
Inmate Record
: A full and complete document of each
		  and every person committed to the department which shall include but is not
		  limited to a photograph of the convicted person, trial conviction data, and
		  past criminal history.
V.
POLICY
:
It shall be the policy of the Department of Correction to ensure
			 that all applicable provisions of federal, state, and local statutes or
			 regulations are observed with respect to the records of inmates confined within
			 the Department of Correction.
VI.
PROCEDURES
:
Inmate records shall be maintained in a secure location and
			 controlled in a way that ensures only those staff having a need for access to
			 those records are permitted access in accordance with laws.
A. Release of Information
1. It shall be unlawful to permit inspection
		  of or to disclose information contained in inmate records or to copy or issue a
		  copy of all or part of any record to any person so committed except as
		  authorized by administrative regulation or by order of a court of competent
		  jurisdiction.
2. Pursuant to the
		  Arkansas Freedom of Information Act, as amended, public information will be
		  released upon appropriate requests for information.
3. Information contained in inmate records is
		  accessible to appropriate personnel for research and report purposes.
B. Inspection of Record by Inmate
1. An inmate is entitled to inspect his or
		  her inmate record pursuant to the Arkansas Freedom of Information Act and
		  subject to the following limitations:
a. The
		  inmate's request shall be in writing directed to the records custodian or
		  designee;
b. The inmate's
		  inspection shall be performed in the presence of departmental staff within a
		  reasonable time after the request is made. A reasonable time is considered to
		  be ten working days excluding weekends and holidays.
A period of thirty minutes shall be allowed for the review of the
			 record by the inmate. Additional time may be allowed at the discretion of the
			 records supervisor or designee.
c. Documents of a sensitive or confidential
		  nature and which would cause great harm to third persons if disclosed are
		  exempt from disclosure;
d. The
		  Department of Correction may limit an inmate's inspection to one inspection per
		  six month period.
2. Any
		  inmate who alters, erases, obliterates, removes, destroys, conceals, or tampers
		  with his or her inmate record shall be subject to disciplinary action pursuant
		  to the appropriate disciplinary rules and regulations and/or criminal
		  prosecution pursuant to Ark. Code Ann.
		  5-54-121
		  (a Class D felony).
If photocopies are requested by the inmate, a charge as
			 determined by the Administrative Services Division shall be deducted from the
			 inmate's account.
C. Exemptions
In additoin to the limitations imposed herein, the following is a
			 list of records that may be contained within inmate records and are
			 specifically exempted from disclosure under the FOIA, other Arkansas statutes,
			 and federal law. This serves only as a guide for inmate, records while other
			 exemptions exist.
1. Medical, mental
		  health, and adoption records;
2.
		  Any documents protected from disclosure by order or rule of court;
3. Records for expungement of minor
		  non-violent first offenders and minor felony offenders subsequently
		  pardoned;
4. Records for
		  expungement of first offenders pursuant to the Alternative Service
		  Act;
5. Pre-sentence reports,
		  pre-parole reports, and supervision histories of the parole release authority;
		  recommendations for parole, however, are expressly open to the public under
		  Ark. Code Ann.
		  16-93-702;
6. Birth certificates, death certificates,
		  and other vital records;
7. Records
		  of the State Medical Examiner and-Crime Laboratory, including autopsy
		  reports;
8. Registration records of
		  habitual sex offenders required to register with local law enforcement
		  agencies;
9. Records of the State
		  Hospital;
10. Driver's license
		  records, records of moving traffic violations, and records of convictions of
		  moving traffic violations.
Requests for information/data that is generated by another,
			 agency and forwarded to the Department of Correction shall be requested and/or
			 released through the agency that originated the document(s).
VII.
ACA
		  STANDARD
:
2-4115
Board of Correction Approval Date; 6/24/93
Attorney General Review Date: 6/24/93
Date Filed Secy, of State: 6/28/93
Supersedes: AR804
Dated: 1-22-91