Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Division 03 - Office of the Secretary › Rule 004.03.22-002 - Minimum Standards for Adult Criminal Detention Facilities

Current through Register Vol. 49, No. 6, June, 2024
Office of Criminal Detention Facilities Review
				Coordinator
MINIMUM STANDARDS FOR ADULT CRIMINAL DETENTION
				FACILITIES
Revised: 2022
Chapter
			 1
Statutory Authority
The standards contained in this document are authorized
				pursuant to Arkansas Code Annotated Title 12, Chapter 26 (A.C.A. §§
									12-26-101  et seq.). The Office of Criminal Detention Facilities Review
				Coordinator and the Criminal Detention Facilities Review Committees shall
				operate as directed by Arkansas law and the Secretary of the Arkansas
				Department of Corrections. The Office and Review Committees shall adhere to all
				applicable laws and regulations regarding record keeping, public meetings, the
				Arkansas Freedom of Information Act, and other state agency guidelines.
Chapter 2
DEFINITIONS
Throughout the Standards set forth herein, the following
				definitions shall apply:
A.
Book-In Facility:
A facility used to hold
			 Detainees for a maximum of four (4) hours for processing purposes only. Book-In
			 Facilities are subject to the exceptions provided in Chapter 18, Section
			 18-1002 but shall otherwise abide by the Criminal Detention Facility
			 Standards.
B.
Chief Executive:
The elected or appointed
			 person in whom rests the ultimate authority and responsibility for the
			 administration and operation of the Criminal Detention Facility Standards, the
			 care and confinement of detainees held therein, all facility personnel, and for
			 determining the method of adherence to the Standards discussed herein unless
			 specifically addressed otherwise.
C.
Criminal Detention
			 Facility:
Any institution operated by a political
			 subdivision or a combination of political subdivisions for the care, keeping,
			 or rehabilitative needs of adult criminal offenders, including regional jails,
			 county jails, municipal jails, and temporary holding units.
D.
Detainee:
Any person confined for any
			 length of time within a Criminal Detention Facility including, but not limited
			 to, those persons charged with criminal violations who are awaiting trial and
			 those persons being confined after conviction.
E.
Full-Service
			 Facility:
A Criminal Detention Facility in which detainees
			 may be held for more than twenty-four (24) hours.
F.
Governing
			 Body:
The:
(A) City
			 council, board of directors, or comparable body for a city;
(B) Town council, board of directors, or
			 comparable body for a town;
(C)
			 Quorum court for a county;
(D) the
			 governing state agency (i.e., Department of Corrections, Department of Human
			 Services).
G.
Health Authority:
A licensed physician or
			 other licensed health care professional. When this authority is other than a
			 licensed physician, final medical judgment rests with a single responsible
			 physician who is licensed in Arkansas and who has been so designated by the
			 Chief Executive.
H.
Holding Cell:
A facility used only for
			 the temporary confinement of persons who are awaiting appearance in judicial
			 proceedings or who are awaiting transfer to another criminal detention
			 facility. Holding cells are subject only to the requirements set forth within
			 Chapter 18, Section 18-1003.
I.
Licensed Dietician:
A person licensed by
			 the Arkansas Dietetics Licensing Board.
J.
Personnel:
Includes any person(s) with
			 the primary responsibility for supervision, keeping, and custody of Detainees.
			 For the purpose of these standards, Personnel does not include administrative
			 staff who do not supervise Detainees.
K.
Twenty-four
			 Hour/Overnight Facility
: Any facility operated by a
			 political subdivision or a combination of political subdivisions in which
			 Detainees may be incarcerated from time of intake up to 24 hours. Twenty-four
			 Hour/Overnight Facilities are subject to the exceptions provided in Chapter 18,
			 Section 18-1001 but shall otherwise abide by the Criminal Detention Facility
			 Standards.
L. Use of the terms "he"
			 and "him" within these standards shall also mean "she" and "her."
M. Use of the word "shall" within these
			 standards connotes a mandatory standard.
N. Use of the word "should" within these
			 standards connotes a recommended standard.