Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.05-003 - AR 7.24 - Resident Visitation

Current through Register Vol. 49, No. 6, June, 2024
DCC AR
		  7.24
RESIDENT VISITATION
I.
AUTHORITY.
The Board of
		  Corrections is vested with the authority to promulgate Administrative
		  Regulations by Ark. Code Ann.
		  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 the Arkansas Department of Community
		  Correction (DCC).
III.
POLICY.
Residents are permitted to 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.
DEFINITIONS.
A.
Contraband.
Property that is
		  illegal, against center policy or rules or is prohibited by parole/probation
		  conditions.
B.
Evidence.
Anything which may be helpful in forming a conclusion or
		  judgment about illegal or unauthorized activity; and testimony, writings, or
		  material objects offered in proof of an alleged fact or proposition.
C.
Minister.
A person who has
		  been ordained, licensed, or authorized by a sitting Pastor of a church of
		  record to serve as spiritual advisors to offenders. Documentation of such
		  authorization is on file at the DCC residential center.
D.
Pat Search.
A means for
		  detecting contraband hidden on a persons body that involves patting or sliding
		  the hands along the fully-clothed body of a person.
E.
Reasonable Suspicion.
A
		  degree of certainty based on facts and reasonable inferences drawn there from
		  that cause one to believe that a person has violated the law or agency
		  policy.
F.
Residents.
Offenders incarcerated or confined in DCC residential centers.
G.
Tobacco Products.
Any smoking
		  or smokeless tobacco product.
H.
Communication Devices.
Any cellular telephone, pager or other
		  electronic device which might allow a resident to establish unsupervised and
		  unauthorized contact with individuals outside of the facility.
V.
GUIDELINES.
A.
General Information.
To
		  support the objectives of DCC programming, residents will be allowed to receive
		  visitors, following appropriate applicant screening to assure safety and
		  security of employees and residents. The DCC can limit visitation in accordance
		  with applicable law and for such reasons as programming requirements, resident
		  behavior, and scheduling requirements. People who wish to visit residents must
		  apply using Form 1, A Center Visitation Application. @ 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 against likely harm or bad influence which may result.
		  Investigations will consist of an ACIC/NCIC criminal history check, assessment
		  of information provided on the Visitor Application Form, and any information
		  obtained from Parole/Probation Officers, residents, or other reliable sources.
		  Staff also use metal/drug detection equipment and conduct pat searches when
		  appropriate. Violators of rules are subject to prosecution pursuant to Arkansas
		  Code Annotated '
		  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.
		  Visitors are welcome.
B.
Identification.
Upon entrance of a DCC residential center, all
		  visitors will be required to show photo identification, follow staff
		  instructions, and comply with the visitation policy, procedures and
		  rules.
C.
Treatment of
		  Others.
Staff, residents, and visitors must respect others civil rights
		  and must not engage in retaliatory acts against anyone who claims or reports
		  harassment.
D.
Searches.
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 DCC property, and
		  having visitation privileges revoked. Circumstances that may lead to search
		  include the following: a special security search of people entering, leaving,
		  or currently on DCC premises; before, during, or immediately following a visit
		  with a resident; when there is A reasonable suspicions of possession of
		  contraband (see description on Form 1); if a major crime/critical incident has
		  occurred in which contraband or evidence is involved; and in conjunction with
		  the drug testing process. Visitors may be asked to wait in the area for
		  permission to enter; however, they may not be detained and are free to leave at
		  any time they choose. Visitors must sign out upon leaving.
E.
Visitation Conditions and
		  Restrictions.
1. Visitors must
		  complete, sign and have on file an approved Visitation Application (Form 1) at
		  the appropriate center prior to being allowed resident visitation.
2. Visits will be continuously supervised by
		  staff.
3. Visitors are subject to
		  pat search before, during, or following a visit.
4. 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.
5. The
		  number of concurrent visitors for a resident may be limited.
6. 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.
7. Visits will not be
		  allowed for residents in Disciplinary Detention or Reflection Chair
		  status.
8. Residents may not have
		  visitors while in Treatment Phase 1 (Orientation Phase) other than visits from
		  an attorney or minister.
9.
		  Residents in the Technical Violator Program who earn visitation privileges may
		  be allowed visitors near the end of their confinement only.
10. 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.
11. Special
		  visits between regularly scheduled visitation times may be allowed in certain
		  circumstances when approved by the center supervisor, i.e., complying with
		  court orders, signing documents, when requested by the Department of Human
		  Services, accommodating a visitor from out-of-town, ministers, job
		  interviewers, housing representatives, or other representatives assisting the
		  resident with transition back into the community. Individuals allowed to make
		  special visits are required to show photo identification and wear a visitor
		  badge.
12. The resident is
		  responsible to provide an application form, AR 7.24 Form 1, to each person
		  he/she wants to receive as a visitor.
VI.
ATTACHMENT.
AR 7.24 Form 1a - Resident Visitation Application
Click here
			 to view image
AR 7.24 Form 1b - Resident Visitation Rule and Conditions
Click here
			 to view image