reglab/statecodes huggingface dataset:
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-022 - AR 402 Storage of Weapons

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate Administrative Rules by Act 50 of 1968,
			 Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session;
			 and Ark. Code Ann. ss
			 16-93-1203
			 and
			 12-27-105.
II.
PURPOSE
:
To provide written procedures for the operation of the facility
			 armory.
III.
APPLICABILITY
:
To all employees who are responsible for firearms.
IV.
POLICY
:
To maintain weapons in facility armories to effectuate necessary
			 force.
V.
PROCEDURE
:
The warden/center supervisor shall establish written procedures
			 for the operation of the facility armory, which shall be approved by the
			 appropriate deputy/assistant director.
A. All weapons shall be maintained in working
		  condition and an accurate inventory shall be maintained.
B. Wardens/Center supervisors may permit
		  individual employees the privilege of storing personally owned firearms in
		  facility armories. These weapons must be properly marked for easy
		  identification, and it should be understood that the facility will accept no
		  liability for loss or damages sustained while in storage.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-024 - AR 1316 Emergency Powers Act- County Jail Backlog

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The authority of the Board of Corrections to promulgate this
			 Administrative Rule is vested in Act 50 of 1968, First Extraordinary Session,
			 as amended; Act 418 of 1987, Regular Session; Act 684 of 1991, Regular Session;
			 Act 1721 of 2003, Regular Session, and A.C.A.
			 12-28-601 -
			 12-28-606.
II.
PURPOSE
:
To establish the policy by which the Board of Corrections may,
			 when the county jail backlog exceeds 500 inmates, release eligible inmates from
			 the Department of Correction prior to their normal release date.
III.
APPLICABILITY
:
The Board of Corrections; all departmental employees, especially
			 those involved in release processing; and all inmates.
IV.
DEFINITIONS
:
A. County backlog: Inmates sentenced to the
		  Arkansas Department of Correction that is being housed in the county jails
		  until space is available in the prison.
B. Discharge: The unconditional release of an
		  inmate or person on release supervision upon the expiration of a sentenced term
		  of years pursuant to Arkansas codes.
C. Eligible Inmate: Class I or Class II
		  inmates, convicted of non-violent offenses, who are eligible for parole,
		  transfer or discharge and not serving a legislatively mandated 70% or more
		  sentences, who have been incarcerated in a Department of Correction facility
		  for a minimum of six (6) months.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-025 - AR 1317 Electronic Monitoring After 120 Days Served

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY.
The Board of
		  Corrections is vested with the authority to promulgate this administrative rule
		  by Ark. Code Ann. §§
							12-27-105,
		  16-93-1203
		  and
		  16-93-1205.
II.
POLICY.
The Department of
		  Correction (ADC) will have an appropriate process and/or procedures for
		  identifying and certifying to the Parole Board eligible ADC inmates to be
		  considered for release to electronic monitoring (EM) after serving 120 days of
		  a sentence.
III.
APPLICABILITY.
This policy applies to ADC and ACC employees and
		  ADC inmates.
IV.
GUIDELINES.
A.
Eligibility
		  Criteria.
Community Correction Center residents are not eligible for
		  EM-120 release. An inmate serving a sentence in the ADC may be approved for
		  EM-120 release if the
1. offense for which the
		  offender is incarcerated was committed on or after March 2, 2015
2. sentence was not the result of a jury or
		  bench verdict
3. inmate has served
		  one hundred twenty (120) days of his/her sentence
4. inmate has an approved parole
		  plan
5. inmate does not have a
		  prior felony conviction for a sex offense or for a felony offense that involved
		  the use or threat of violence or bodily harm
6. inmate was sentenced from a cell in the
		  sentencing guidelines with:
a. an
		  incarceration range of 36 months or less, or
b. a presumptive sentence of
		  probation
7. conviction
		  is for a Class C or D felony
8.
		  conviction is not for a crime of violence, regardless of felony level
9. conviction is not for a sex offense,
		  including failure to register as a sex offender under §
									12-12-906,
		  regardless of felony level
10.
		  conviction is not for manufacturing methamphetamine, §
									5-64-423(a)
		  or the former §
									5-64-401
11. conviction is not for possession of drug
		  paraphernalia with the purpose to manufacture methamphetamine, §
									5-64-443, if
		  the conviction is a Class C felony or higher
12. conviction is not for a crime involving
		  the use or threat of violence or bodily harm
13. conviction is not for a crime that
		  resulted in a death
14. inmate has
		  not previously failed a drug court program
15. inmate has not been transferred from
		  Arkansas Community Correction (ACC) to ADC as a result of disciplinary action,
		  and,
16. inmate does not have an
		  active detainer.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-027 - AR 860 Inmate Correspondence

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
To establish guidelines for correspondence between inmates and
			 certain persons and organizations for the purpose of retaining community ties,
			 stimulating intellectual pursuits, assisting in attainment of vocational or
			 educational goals, resolving grievances and problems, and facilitating the flow
			 of information in areas of legal concern.
II.
EXPLANATION
:
Correspondence, at a wholesome and constructive level, with
			 family members, close friends, associates and organizations is essential to the
			 morale of all confined persons. It may form a positive basis for both present
			 and future adjustment in the unit/center and in the community.
A. There are generally three classes of
		  correspondence: Privileged, General, and Interstate/Inter-Unit
1.
Privileged
		  Correspondence
Incoming and outgoing correspondence with the persons or
			 organizations specified below shall be considered privileged correspondence as
			 long as the designated individuals are acting in their official
			 capacities.
a. Officers of Federal,
		  State, and Local Courts
b. Any
		  Federal, State Official or Agency
c. Any administrator of the Department of
		  Correction
d. The Parole Board or
		  any member thereof
e. Board of
		  Corrections
f. Inmate's
		  Attorney
g. Any member of the
		  media, including print, radio, and television
Mail from the above will be opened only in the presence of the
			 inmate concerned for inspect of contraband. Mail opened and inspected under
			 these circumstances will not be read or censored, but may be rejected in its
			 entirety if it is found to contain contraband.
There will be no records kept of incoming or outgoing privileged
			 correspondence. Outgoing privileged correspondence shall have the words
			 "Privileged Correspondence" or "Legal Mail" marked on the envelope or it will
			 be considered general correspondence. All incoming mail should be in official
			 letterhead envelopes and should be clearly identified as "Privileged
			 Correspondence". Media mail should be clearly marked "Media Mail".
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-028 - AR 864 Publications

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Corrections is vested with the authority to
			 promulgate this Administrative Rule pursuant to Arkansas Code Annotated Section
			 12-27-105.
II.
APPLICABILITY
:
This policy applies to employees and inmates of the Arkansas
			 Department of Correction.
III.
DEFINITIONS
:
Publications
: Books, magazines,
			 catalogs, advertising brochures, religious tracts, newspapers or the
			 like.
IV.
POLICY
:
The Arkansas Department of Correction shall have an
			 Administrative Directive that will establish the process by which it determines
			 whether or not a publication may be received by the inmate population. Inmates
			 may receive publications from recognized commercial, religious or charitable
			 outlets. All publications are subject to inspection and may be rejected if
			 found to be detrimental to the security, discipline or good order of the
			 institution, or if it is harmful to the goal of rehabilitation, or if it
			 proposes, condones or provides information likely to facilitate criminal
			 activity.
Board Approval Date: 1-18-07
Effective Date: 3-19-07
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-029 - AR 865 Visitation

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate Administrative Rules by Act 50 of 1968,
			 Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session
			 (Ark. Code Ann. ss
			 16-93-1203
			 and
			 12-27-105
			 of 1993).
II.
PURPOSE
:
To describe the offender visiting program that will be used in
			 the Department of Correction/Community Punishment.
III.
APPLICABILITY
:
All employees and especially those involved in the visitation
			 process; offenders; and visitors.
IV.
DEFINITIONS
:
A.
Immediate Family
		  Member
: consists of the offender's father, mother, sisters,
		  brothers, spouse, children, grandparents, grandchildren, and may include other
		  relatives whose relationship with the offender has been verified as that of a
		  parent or guardian.
B.
Special Visit
: visits which occur on days other than
		  regular visitation days; visits granted to an offender who normally may not
		  receive a visit; and/or an extended visitation period.
C.
Offenders
:
		  Persons sentenced to the Department of Correction or persons sentenced to the
		  Department of Correction for judicial transfer to the Department of Community
		  Punishment or confined in a community punishment center as a condition of
		  probation, suspended imposition of sentence or post prison transfer.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-030 - AR 867 Use of Telephones

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate this Administrative Rule by Act 50 of 1968,
			 Extraordinary Session, as amended; Act 697 of 1993; Acts 548 and 549 of 1993,
			 Regular Session; (A.C.A. ss
			 16-93-1203
			 and
			 12-27-105
			 supp. 1993).
II.
PURPOSE
:
To establish policy and procedures concerning offender access to
			 telephones.
III.
APPLICABILITY
:
To all offenders and all employees involved in authorizing the
			 use of telephones by offenders.
IV.
POLICY
:
It shall be the policy to provide offenders with reasonable
			 access to telephone usage.
A. Unit
		  wardens and center supervisors may provide offender access to coinless collect
		  telephones at units/centers in accordance with appropriate Administrative
		  Directive(s).
B. The use of
		  telephones by offenders at units/centers not authorized access to coinless
		  collect telephones will be limited to only authorize telephone calls.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-031 - AR 876 Inmate Emergency Work Assignments During Disasters

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY OF DEPARTMENT
:
To establish uniform procedures and ensure the safety and
			 security of all inmates, staff and community when assisting the Office of
			 Emergency Services and/or National Guard in times of disaster in the State of
			 Arkansas, as requested by the Chief Executive Officer of the State.
II.
EXPLANATION
:
A. All requests for disaster assistance must
		  be referred to the Director, (Assistant Directors in the absence of the
		  Director), who has the authority to gather information, determine
		  priority(ies), and to approve or deny those requests.
In death threatening situations or extreme emergencies where
			 immediate responses are called for, authorization may be given by the
			 Warden/Center Supervisor of the unit/center closest to the disaster site, while
			 notifying the Director.
The uniform procedures are:
1. When requests for assistance are denied,
		  the Director or designee will explain the denial to the requesting
		  agency.
2. The Director or his
		  designee, upon approval, will determine which unit(s)/center(s) will
		  participate, (based on the location of the disaster), the security
		  classification of inmates, and the number needed to perform the work.
3. The appropriate Warden/Center Supervisor
		  or his/her designee will be notified by the Director or his designee and will
		  initiate the process of forming an Inmate Emergency Work Crew in accordance
		  with unit/center Standard Operating Procedures (SOP).
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-032 - AR 881 Volunteer Services

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction is vested with the authority to
			 promulgate Administrative Rules by Act 50 of 1968 as amended, and by the
			 Administrative Procedures Act (Act 434 of 1967); Act 42 of 1981, Regular
			 Session.
II.
PURPOSE
:
This Administrative Rule establishes the process for recruiting,
			 screening, approval, training, coordinating, and documenting the activities of
			 volunteers within the Arkansas Department of Correction.
III.
APPLICABILITY
:
The Coordinator of Volunteer Services; Unit Wardens, Center
			 Supervisors and their designees for dealing with volunteers; staff who use
			 volunteers in their operations; and volunteers.
IV.
DEFINITIONS
:
A.
Regular Services
		  Volunteer
: For the purposes of this policy, a Regular Service
		  Volunteer is an individual who offers services to the Department, without
		  charge and on a repeated or ongoing basis, after having met the Department's
		  screening and training requirements.
B.
Occasional Service
		  Volunteer
: For the purposes of this policy, an Occasional Service
		  Volunteer is an individual or group who offers support to Department programs
		  on a single event or episodic basis, having been screened and trained only to
		  the extent necessary to carry out a narrowly defined role or task.
C.
Interns
: For the
		  purposes of this policy, an Intern is an individual who offers services to the
		  Department as part of an academic or training program on a time limited basis
		  as defined in an internship agreement. For purposes of this policy, an intern
		  shall be considered a volunteer.
D.
Group
: For purposes of this policy, a group may
		  consist of Regular Service Volunteers, Occasional Service Volunteers, Interns,
		  or any combination thereof, provided that each member of the group meets the
		  applicable qualifications outlined in the Administrative Directive on Volunteer
		  Services.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-033 - AR 883 Chaplaincy Services

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate Administrative Rules by Act 50 of 1968,
			 Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular session
			 (Ark. Code Ann. ss
			 16-93-1203
			 and
			 12-27-105
			 of 1993).
II.
PURPOSE
:
To establish access to religious ministers and materials, and to
			 ensure opportunities for the practice of religion within the Department.
III.
APPLICABILITY
:
This Administrative Rule applies to all staff and offenders of
			 the Department, all ministers and volunteers carrying out their ministry inside
			 the Department, and any spiritual advisor or minister providing ongoing linkage
			 between a religious group and an offender of the Department.
IV.
DEFINITIONS
:
A.
Religion
: A set
		  of beliefs and corresponding practices based on sacred writings, and/or having
		  historically established support, which play a central role in the everyday
		  life of a recognizable and cohesive group in society.
B.
Minister
: An
		  individual ordained or otherwise recognized, according to the precepts of the
		  religion represented, qualified to teach religious precepts, provide spiritual
		  counsel, and conduct religious services.
C.
Volunteer
: An
		  individual having the approval of a religious group or authority, approved
		  through the procedures of the Department, and trained in applicable rules and
		  expectations of conduct to be followed inside the Department, who provides for,
		  or assists in providing for, the religious needs of offenders.
D.
Restrictions
:
		  Generally diminished rights consistent with incarceration and specific
		  limitations on religious conduct deemed necessary to meet legitimate
		  penological interests.
E.
Offenders
: Persons sentenced to the Department of
		  Correction or persons sentenced to the Department of Correction for judicial
		  transfer to the Department of Community Punishment or confined in a community
		  punishment center as a condition of probation, suspended imposition of sentence
		  or post prison transfer.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-034 - AR 888 Boot Camp Program

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 Administrative Rule is confirmed in Act 50 of 1968 as amended and Act 492 of
			 1989.
II.
PURPOSE
:
To establish policy concerning the operation of a Boot Camp
			 Program.
III.
APPLICABILITY
:
To eligible inmates and department staff.
IV.
POLICY
:
It shall be the policy of the Department of Correction to allow
			 selected inmates to voluntarily participate in a program of intensive behavior
			 modification in an arduous, physically demanding, military-like environment,
			 otherwise known as a "boot camp." The Boot Camp Program is an intensified
			 correctional program to deter repetition of criminal behavior and illegal drug
			 use reducing the need for long-term incarceration. Upon successful completion
			 of the program, as described in the Boot Camp Program Manual, the inmate will
			 be administratively transferred to Arkansas Community Correction
			 Supervision.
V.
PROCEDURES
:
The risk assessment profile used for Boot Camp excludes inmates
			 that have been convicted of crimes that by their nature or definition involve
			 violence, threat of violence, potential threat of violence or disregard the
			 safety of others. Specifics regarding eligibility, duration and characteristics
			 of the program shall be in the "Boot Camp Eligibility" Administrative
			 Directive.
A. Eligibility The inmate
		  must:
1. not have previously participated in
		  any adult Boot Camp Program;
2. be
		  serving a sentence of fifteen (15) years or less;
3. be eligible for minimum-security status;
		  and
4. volunteer for the Boot Camp
		  Program and agree to abide by all rules and rules established by the
		  Department; and
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-035 - AR 890 Arkansas Department of Correction Jail Facilities

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 Administrative Rule is confirmed in Act 50 of 1968, First Extraordinary
			 Session, as amended, and Act 427 of 1987, Regular Session.
II.
PURPOSE
:
This Administrative Rule establishes the policy of the Department
			 of Correction with respect to providing correctional services for jail
			 facilities under Department of Correction management.
III.
APPLICABILITY
:
This Administrative Rule applies to all departmental staff
			 involved in the providing of correctional services for jail facilities under
			 the Department of Correction management.
IV.
DEFINITIONS
:
A. Correctional Services - the following
		  functions, services and activities, when provided within a jail facility under
		  Department of Correction management:
1.
		  Operation of facilities to include management, custody of inmates and providing
		  security;
2. Food services,
		  commissary, medical services, transportation, sanitation or other ancillary
		  services;
3. Development and
		  implementation assistance for classification, management information systems,
		  or other information system or services;
4. Education, training and jobs program;
		  and
5. Counseling, special
		  treatment programs, or other programs for special needs.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-036 - AR 891 Inmate DNA Testing

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate the Administrative Rule by Ark. Code Ann.
			 §§
							12-27-105.
II.
APPLICABILITY
:
This policy applies to employees and inmates of the Arkansas
			 Department of Correction.
III.
POLICY
:
To comply with Act 737 of the 81st
			 General Assembly of 1997, as amended by Act 218 of 2001, titled, "DNA detection
			 of sexual and violent offenders act," by establishing guidelines for obtaining
			 DNA samples from certain felons in the custody of the Arkansas Department of
			 Correction.
IV.
GUIDELINES
:
An Administrative Directive will delineate:
A. those sexual, violent and other offenders
		  affected,
B. methodology for
		  obtaining DNA samples from affected offenders,
C. chain of custody for transmission of
		  samples,
D. authorizations and
		  indemnifications for Arkansas Department of Correction staff
		  involved.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-038 - AR 894 Third Party Agreements to House ADC Inmates

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction is vested with the authority to
			 promulgate this Administrative Rule by Ark. Code Ann. §
							12-27-105.
			 The Board of Correction has the authority to cooperate and contract with third
			 parties to provide and improve correctional operations and to house Department
			 of Correction inmates. Ark. Code Ann. §
							12-27-103(b)(14).
II.
PURPOSE
:
This Administrative Rule establishes the policy by which the
			 Arkansas Department of Correction may recommend to the Board of Corrections an
			 agreement to cooperate with and contract with a third party for the provision
			 of correctional operations, including inmate housing.
III.
APPLICABILITY
:
This Administrative Rule applies to the administration of the
			 Department of Correction.
IV.
POLICY
:
In order to address prison overcrowding in Arkansas, it is the
			 policy of the Board of Corrections to investigate and consider every
			 permissible housing alternative until prison population becomes
			 manageable.
V.
PROCEDURES
:
1. The Department of Correction shall
		  explore, as needed, permissible alternatives for housing Department of
		  Correction inmates with the federal government, governmental agencies of
		  Arkansas and other states, political subdivisions of Arkansas and other states,
		  counties, regional correctional facilities, and private contractors. The
		  following shall be considered:
(a) Licensed
		  medical staff and access to prescribed medications must be available on-site,
		  and access to emergency medical treatment (including off-site) must be
		  available 24/7.
(b) Ability to
		  follow Department of Correction policies including Administrative Directives
		  concerning inmate grievances, inmate classification, inmate disciplinary
		  manual, religious services manual, healthcare policies, and to provide hygiene
		  and other necessary items.
(c)
		  Access to law library items specified by the Board's compliance attorney,
		  access to Arkansas courts, meals approved by a licensed dietician, and
		  specified Department of Correction personnel and members of the Board of
		  Corrections' right to inspect and visit without prior notice shall be required
		  in any agreement.
(d) Agreement
		  that any inmate shall be returned to the custody of the Arkansas Department of
		  Correction upon request.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-039 - AR 1200 Work/Study Release Program

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction is vested with the authority to
			 promulgate this Administrative Rule by Act 50 of 1968, First Extraordinary
			 Session, as amended.
II.
PURPOSE
:
This Administrative Rule establishes the policy by which the
			 Arkansas Department of Correction institutes the Work/Study Release
			 Program.
III.
APPLICABILITY
:
This Administrative Rule applies to all employees and inmates
			 within the Department of Correction.
IV.
POLICY
:
To allow the orderly reintegration of selected inmates from a
			 prison environment back into communities through participation in a Community
			 or Unit/Center Work/Study Release Program. Only inmates who meet the
			 eligibility criteria for Work/Study Release may be considered for placement in
			 a Work/Study Release Program.
V.
PROCEDURES
:
The Department has been authorized to establish Work/Study
			 Release Programs pursuant to Arkansas Codes
			 12-30-401,
			 403, 405-408. In accordance with the Legislative mandate, the following
			 procedures have been established for the selection of eligible inmates to be
			 assigned to the Program.
A.
		  Non-eligibility for Work/Study Release Program:
1. Persons convicted of a capital offense,
		  first degree murder, rape, kidnapping, or who have been convicted for a second
		  or subsequent offense of aggravated robbery, or who are serving a life
		  sentence, or who are under sentence to be executed, are not eligible to
		  participate in this program. (Act 399 of 1979).
2. Inmates having an undisposed felony
		  detainer filed against him/her will be ineligible to participate in a
		  Work/Study Release Program.
3.
		  Inmates convicted of any sex offense will not be eligible for Work/ Study
		  Release.
4. Inmates convicted of a
		  felony escape are not eligible for Work/ Study Release.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-040 - AR 1201 Inmate Labor by Contractual Agreement and Volunteer Services

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
Act 814 or 1983 - to permit the Department of Correction to make
			 contractual arrangements for use of inmate labor by the following prioritized
			 list:
(a) Other state departments and
		  agencies
(b) Counties, cities, and
		  school districts
(c) Civic
		  organizations, and other non-profit organizations, and private citizens;
		  including, but not limited to, those responsible for the preservation of
		  natural resources or other public works. The Department of Correction may
		  provide volunteer services for community service organizations, i.e., Lions
		  Club, Rotary Club, Jaycees, Jaycettes, etc.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-041 - AR 1210 Pre-Release Program

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The authority of the Board of Corrections to promulgate this
			 administrative rule is vested in Act 50 of 1968, First Extraordinary
			 Session.
II.
PURPOSE
:
The purpose of this administrative rule is to make available to
			 inmates information and assistance in release planning; to provide each inmate
			 the opportunity to discuss anxieties and solve problems relating to his or her
			 release and future adjustment; and to describe the prerelease programming
			 available.
III.
APPLICABILITY
:
This administrative rule applies to all staff and especially
			 those involved in the pre-release selection and/or program; and inmates
			 eligible for release.
IV.
DEFINITIONS
:
Pre-Release Program: This shall be defined as a program within
			 the Department of Correction designed to give information to inmates to help
			 them make a successful transition from the Department back to the
			 community.
V.
POLICY
:
It shall be the policy of the Department of Correction to provide
			 inmates the opportunity to participate in a program designed specifically to
			 prepare the inmate for release from the Department.
VI.
PROCEDURE
:
Programs to prepare inmates for release may include, but will not
			 be limited to, the following: lectures and discussions that address the
			 concerns of soon-to-be released inmates; and, individual counseling that
			 focuses on each inmate's particular needs.
A. Pre-Release Coordinator
A Pre-Release Coordinator shall be designated and shall be
			 responsible for maintaining and monitoring a current list of inmates who are
			 eligible for the pre-release program. The transfer of inmates to a designated
			 pre-release program shall be coordinated through the Pre-Release
			 Coordinator.
B. Eligibility
		  Criteria for Pre-Release
1. All inmates
		  selected to participate in the program should not be more than the maximum
		  number of days as established by the appropriate administrative directive from
		  their parole/transfer eligibility or discharge date.
2. Additional specific eligibility criteria
		  shall be identified in the appropriate administrative directive.
3. The transfer of the inmate to a
		  pre-release program must be approved by the unit Classification
		  Committee.
C. Release
		  Procedures
1. Pre-Release staff will
		  coordinate with institutional parole officers and institutional release
		  officers and field officers to assure a continuity of parole services for each
		  inmate scheduled to be released from the program on parole.
2. The Pre-Release staff will be responsible
		  to the warden/center supervisor of the pre-release unit/center for assisting as
		  necessary in the release of inmates assigned to the program.
Board Approval Date: 08/23/2006
Effective Date: 05/30/2007
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-042 - AR 1212 Inmates Housed in County Jails and City Jails (Act 309)

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate this administrative rule by Ark. Code Ann. §
							§
							12-27-105,
			 Act 309 of 1983, Regular Session, as amended; Act 1112 of 1991, Regular
			 Session, as amended; and 532 of 1993, Regular Session, as amended; Acts 115 and
			 936 of 1997, Regular Session.
II.
PURPOSE
:
To establish rules pursuant to Act 309 of 1983, as amended; Act
			 1112 of 1991, as amended; and Act 532 of 1993, Regular Session, as amended;
			 Acts 115 and 936 of 1997, Regular Session; and to delineate the cooperative
			 agreement to be executed.
III.
APPLICABILITY:
To applicable staff of the Department of Correction to include
			 but not be limited to Director, Deputy/Assistant Director of Institutions,
			 staff involved in the approval process, county officials (sheriffs), city
			 officials (mayor or chief of police), and inmates.
IV.
POLICY:
It shall be the policy of the Board of Correction and Community
			 Punishment to allow the Director of the Department of Correction to sign
			 cooperative agreements between county officials, city officials and the
			 Department of Correction for the purpose of providing additional space for the
			 care and custody of State inmates on a temporary basis in State certified
			 intermediate term adult detention facilities operated by counties and
			 cities.
It shall be the responsibility of the county and the city to
			 ensure that assigned inmate(s) are not used to provide personal services for
			 private benefits, to act in a law enforcement capacity, nor supervise other
			 inmate(s). Inmates released under Act 309 In-Jail and Act 309-Work will not be
			 used to replace city, county, state or federal employees.
V.
DEFINITIONS:
Inmate(s) transferred to a county jail or city jail under Act 309
			 will be transferred under one of the following programs: 309 In-Jail or 309
			 Work.
A.
309
		  In-Jail:
Inmates who are incarcerated within the Arkansas
		  Department of Correction and have been accepted/requested by the county or
		  city. These inmates must remain in the county jail or city facility, and the
		  county or city will be reimbursed for housing these inmates.
B.
309 Work
: An
		  inmate released to the jurisdiction of the sheriff or chief of police who may,
		  upon approval of the Director be utilized by the county or city to work in and
		  around governmental property/projects while under supervision of the sheriff or
		  chief of police or designee. These inmates will be housed in the county or city
		  jail. The county or city will be reimbursed for these inmates. The county or
		  city will be responsible for adequate medical care of these inmates as
		  described in the cooperative agreement between the Department of Correction and
		  the county or city jail.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-043 - AR 1301 Transfer Eligibility To Community Punishment

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The authority to promulgate this rule is vested in Act 549 of
			 1993, Regular Session, and Act 534/555 of 1993, Regular Session; and A.C.A.
			 16-93-1301 -- 1304.
II.
PURPOSE
:
To establish criteria for inmate transfer eligibility from the
			 Department of Correction to the Department of Community Punishment in
			 accordance with conditions established by the Post Prison Transfer
			 Board.
III.
APPLICABILITY
:
To employees of the Department of Correction and the Department
			 of Community Punishment, especially those involved in the transfer of inmates
			 from the Department of Correction to the Department of Community Punishment and
			 may include but not be limited to wardens/center supervisors, records staff,
			 and institutional parole officers; and inmates.
IV.
DEFINITIONS
:
A.
Inmates
- persons
		  sentenced to the Department of Correction or persons sentenced to the
		  Department of Correction but judicially transferred to the Department of
		  Community Punishment.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-044 - AR 107 Conflicts of Interest

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
To require the highest possible level of conduct from all
			 department employees.
II.
EXPLANATION
:
A. Any effort to realize personal gain
		  through employment by the department, other than by remuneration provided by
		  the employer, is a violation of public trust, as is any conduct which would
		  create a justifiable impression in the public mind that such trust is being
		  violated. To ensure that there is not even the appearance of a violation of
		  public trust all departmental employees are required to adhere to the standards
		  of conduct set out below.
1. Any use, for
		  private purposes, of department resources by an employee will violate this
		  policy.
2. Department employees
		  shall not be entitled to receive any compensation for their services other than
		  that legally provided by the State.
3. No department employee shall knowingly
		  accept any gift(s) from inmate(s)/parolee(s), their relatives or friends for
		  preferential treatment from Department employees while under Department
		  supervision. No department employee shall receive compensation from any firm,
		  person or corporation conducting business with the Department in exchange for
		  advantage in securing commerce with the Department.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-045 - AR 108 Travel Rules

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
It is the policy of the Department to ensure compliance with the
			 travel rules of the State of Arkansas.
II.
EXPLANATION
:
A. All travel regulations established by the
		  Department of Finance and Administration, Director and/or approved by the Board
		  of Correction are to be strictly adhered to by all agency employees.
B. Unit Wardens/Center
		  Supervisors/Administrators are to ensure that all personnel reporting to them
		  who have occasion to travel on state business are provided access to the
		  current travel rules.
Board Approval Date: 9/30/88
Effective Date: 10/12/88
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-046 - AR 109 Funds of Offenders

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate Administrative Rules by Act 50 of 1968,
			 Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session
			 (Ark. Code Ann. ss
			 16-93-1203
			 and
			 12-27-105
			 of 1993).
II.
PURPOSE
:
To ensure that proper and accurate accounting records for funds
			 of offenders are maintained at each facility.
III.
APPLICABILITY
:
To the warden/center supervisor/accounting staff of each facility
			 responsible for the establishment and maintenance of book of account.
IV.
DEFINITIONS
:
Offenders: Persons sentenced to the Department of Correction or
			 to the Department of Correction for judicial transfer to the Department of
			 Community Punishment or confined in a community punishment center as a
			 condition of probation, suspended imposition of sentence or post prison
			 transfer.
V.
POLICY
:
The policy of the Board of Correction and Community Punishment is
			 to ensure that proper and accurate accounting records for funds of offenders
			 are maintained at each facility.
VI.
PROCEDURE
:
A. Each facility warden/center supervisor
		  ensures that appropriate staff work within the guidelines established by the
		  Department's Administrative Services Division that clearly and accurately
		  depict receipts and disbursement transactions and balances for each offender's
		  account. The responsibility of the Warden/Center Supervisor for maintenance of
		  offenders' accounts includes, but is not limited to...
1. Establishment, and notification to
		  offenders, of procedures whereby monies are deposited to offender
		  account(s).
2. Establishment, and
		  notifications to offenders, of procedures whereby the offender may disburse or
		  otherwise use personal funds.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-047 - AR 112 Farming and Livestock Activities

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
It shall be the policy of the Department of Correction to extend
			 authorization to the Director for the operations and management as required by
			 guidelines and practices in the Farming and Livestock operations of the
			 Arkansas Department of Correction.
II.
EXPLANATION
:
Act 50 of 1968 authorizes the Director, with the approval of the
			 Board of Correction, to promulgate necessary rules and rules for the operation
			 of the farming and livestock activities of the various institutions of the
			 department, the employment of personnel, the assignment of inmate labor and
			 other purposes.
III.
PROCEDURES
:
A. The Department shall make maximum
		  utilization of the farm lands of the various institutions of the department
		  through the use of modern agricultural machinery, equipment and technology in
		  producing crops and livestock for the use in feeding prisoners, and for sale on
		  the market to produce income for the maintenance and operation of the
		  institutions of the department.
B.
		  The Director will employ and/or have employed personnel adequately trained to
		  carry out all functioning of the Farming and Livestock operations.
C. The Farming and Livestock operations will
		  use inmates as classified by the classification committees to carry out the
		  labor needs of these operations.
Board Approval Date: 7/26/89
Effective Date: 8/03/89
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-048 - AR 113 Farm Produced Commodities

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY:
The authority to promulgate the administrative regulation is
			 vested in Act 50 of 1968, First Extraordinary Session, as amended; Act 482 of
			 1979, Regular Session, as amended.
II.
PURPOSE:
To establish policy and describe the procedures concerning the
			 sale of farm produced commodities in a consistent and timely manner.
III.
APPLICABILITY:
To the Board of Correction, Director, Deputy Director of
			 Operations, Purchasing Manager, and employees involved in the process of farm
			 commodity sales.
IV.
DEFINITIONS:
A.
Commodity
- a
		  transportable article of trade or commerce produced by the agriculture
		  program.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-049 - AR 101 Allotment of Appropriations and Budget Preparations

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY OF DEPARTMENT
:
To ensure that budget preparation and allotment of appropriations
			 are handled in accordance with the rules set forth by the Department of Finance
			 and Administration and/or the Legislative Council.
II.
EXPLANATION
:
A. In the expenditure of appropriations, all
		  Chief Administrative Officers are to adhere to the rules established by the
		  Department of Finance and Administration and/or the Legislative Council for the
		  allotment of appropriations. Expenditures must be limited to the amounts
		  allotted unless approval to exceed an allotment is obtained through the
		  Director's Office.
B. The Chief
		  Administrative Officer of each institution or facility and/or Administrators
		  are responsible for preparing annually an itemized estimate of the financial
		  requirements for the maintenance and operation of the institution facility, or
		  program in accordance with rules and guidelines established by the Office of
		  Budget, Department of Finance and Administration and the Department's Office of
		  Business Administration. Such budget requests must be forwarded to the Director
		  for review and approval.
C. The
		  Department will have the responsibility for presenting the budget to the Office
		  of Budget, Department of Finance and Administration, the Legislative Council,
		  and the Legislative Joint Budget Committee.
Board Approval Date: 1/12/80
Effective Date: 2/1/80
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-050 - AR 102-A Industry Program Procedures, Sales or Acquisitions Between Public Procurement Units

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
It shall be the policy of the Department of Correction to extend
			 authorization to the Purchasing Division and the Industry Program for the
			 buying and selling of materials produced by or for use in the Department's
			 Industry Program, in accordance with the terms and conditions established by
			 the Board of Correction.
II.
EXPLANATION
:
Act 108 of 1981 authorizes the Board of Correction to enter into
			 contracts, compacts or agreements with the appropriate governing officials of
			 agencies in other states or of the federal government for the buying and
			 selling of raw materials, goods and products produced by and belonging to their
			 respective institutions in accordance with such terms and conditions as the
			 State Board of Correction and the governing officials of correctional
			 institutions of other states or the federal government may deem advantageous
			 and appropriate for their respective institutions and programs.
The intent of the Act is to allow the Industry Division
			 to:
A. Expand its product lines by
		  purchasing raw materials, goods, and products from other state or federal
		  institutions and programs.
B.
		  Expand its distribution of products where the Arkansas market is not large
		  enough to support the program.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-051 - AR 103 Inmate Commissaries

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
It shall be the policy of the Arkansas Department of Correction
			 to provide Inmate Commissaries from which inmates may purchase products.
II.
EXPLANATION:
A. Sale price of commissary products shall be
		  as established and approved by the Board of Corrections.
B. Profit from sale of products to inmates
		  shall be held in the Inmate Welfare Fund to be administered and used by the
		  Director for the general benefit of the inmates under rules and rules as
		  established by the Board of Corrections.
C. The ADC will provide policy and procedures
		  for the operation of the Inmate Commissaries.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-052 - AR 104 Property Control

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
All Chief Administrative Officers shall ensure that the
			 provisions of the Arkansas General Accounting and Budgetary Procedure Law, as
			 amended, as well as regulations issued by the Accounting Office of the
			 Department of Finance and Administration and the Office of Business
			 Administration of the Department of Correction, are adhered to by their
			 respective staffs.
Board Approval Date: 1/12/80
Effective Date: 2/1/80
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-053 - AR 105 Audits

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
Each unit/center and program under the jurisdiction of the
			 division that maintains books and/or records shall be subject to audit by the
			 Department's Business Division Staff, Compliance Division, the Legislative
			 Joint Audit Committee of the State of Arkansas and/or the United States
			 Government.
II.
EXPLANATION
:
To ensure that units/centers and programs are accountable for
			 actions by the creation and maintenance of books and/or records that, under
			 audit, will display compliance with guidelines, procedures, rules and laws of
			 the Department of Correction the State of Arkansas, and/or the United States
			 Government.
Board Approval Date: 12/05/86
Effective Date: 12/09/86
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-054 - AR 014 INTERNAL AFFAIRS and INVESTIGATIONS

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The authority of the Board of Corrections to promulgate this
			 Administrative Rule is found in Ark. Code Ann. §
							12-27-105.
II.
POLICY:
It shall be the policy of the Arkansas Department of Correction
			 to investigate incidents, events and/or occurrences in a timely, efficient and
			 procedurally correct manner.
III.
EXPLANATION:
The security of the Department, the protection of the public,
			 staff and inmates will be enhanced by proper investigative procedures and
			 investigations.
IV.
PROCEDURES:
A. The Internal Affairs Division, or its
		  successor, shall conduct investigations, inquiries, and reviews as requested by
		  the Director and/or those individuals he/she designates as having the authority
		  to request such investigations.
B.
		  The Internal Affairs Division, or its successor, shall utilize various
		  investigative procedures and tools to conduct and assist in those
		  investigations. Those tools may include, but are not limited to polygraph
		  examinations, and computerized voice stress analysis.
C. Evidence will be properly collected,
		  handled, and preserved. When appropriate, evidence will be provided to other
		  agencies.
D. Reports will be
		  completed accurately and promptly.
E. Criminal acts will be promptly referred to
		  the appropriate law enforcement agency having jurisdiction.
F. All staff shall cooperate with the
		  investigative personnel.
G. Upon
		  completion of the information gathering process, an investigative report will
		  be forwarded to the requesting official and the Director for final
		  disposition.