Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.17-005 - AR-804 Inmate Records

Current through Register Vol. 49, No. 6, June, 2024
804
Inmate Records
I.
POLICY
:
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).
II.
EXPLANATION
:
To protect the integrity of inmate records and to ensure their
			 proper use. It is unlawful to permit inspection of or disclose information
			 contained in the records, or to copy or issue a copy of all or part of any
			 record, except as authorized by administrative regulation or court
			 order.
III.
DEFINITIONS
:
Inmate Record (a/k/a Institutional File and Inmate Jacket): A
			 full and complete record in written or electronic form regarding each person
			 committed to the Department of Correction, which shall include, but is not
			 limited to, a photograph of the convicted person, the offense and sentence for
			 any conviction for which the inmate is incarcerated, the inmate's criminal
			 history, medical and mental health information and records, and all other
			 records which identify and relate directly to that inmate. Electronic
			 transmissions and recordings that chronicle the activities and conversations of
			 inmates are part of the Inmate Record.
IV.
PROCEDURES
:
A. Disclosure or inspection of information
		  contained in inmate records is prohibited unless authorized by this
		  Administrative Regulation or by court order.
B. Except as authorized by Act 1265 of 2015
		  (Ark. Code Ann. §
									12-27-145
		  ), only the following information from an inmate record may be released to the
		  general public:
1. Offender's name, aliases,
		  ADC number, photograph, physical description, date of birth, age, race, and
		  gender.
2. Date of
		  incarceration.
3. Facility(ies) of
		  confinement, work assignments, and program participation (unless it involves
		  drug and alcohol program participation).
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, movements and behavior.
5. The following information regarding prior
		  incarceration(s): 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 ADC.
6. Detainers.
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.
		  Information contained in inmate records in addition to that in paragraph B of
		  this section may be viewed by an employee of the Bureau of Legislative Research
		  in accordance with and subject to the limitations of Arkansas Code Annotated
		  §
									12-27-113(e)(5).
F. 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.
G. Upon the death of inmate, access to that
		  inmate's medical or mental health information or records may be granted to a
		  person designated by the inmate to have access to such records in accordance
		  with policies and procedures adopted by the Department, or as required by state
		  or federal law.
H. 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.
I. An inmate will not be
		  given access to another inmate's record or any information contained
		  therein.
V.
REFERENCE
:
Ark. Code Ann. §
									12-27-113(e)
VI.
STANDARD
:
American Correctional Association (ACA) Standards for Adult
			 Correctional Institutions
Board Approval Date: 5/11/2018
Reference: Ark. Code Ann. §
									12-27-113(e)
Effective Date: 5/21/2018
Supersedes: AR804
Dated: 5/11/2018