reglab/statecodes huggingface dataset:
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-085 - AR 834 Procedure for Handling Disciplinary Infractions of Mentally Disordered Inmates

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The authority of the Board of Corrections to promulgate this
			 Administrative Rule is A.C.A.
			 12-27-105.
II.
PURPOSE
:
To ensure that policies and procedures for management of inmate
			 behavior adequately take into account serious mental illness. Also to ensure
			 that appropriate treatment interventions are considered and made accessible to
			 reduce the likelihood of future misbehavior. And these treatment interventions
			 are consistent with treatment goals so as not to cause regression or
			 deterioration of the inmate's mental condition.
III.
APPLICABILITY
:
To all inmates identified as having a history of serious mental
			 illness, or suspected at any point to be developing serious mental illness. To
			 all staff involved in the disciplinary process, supervising inmates in
			 segregated areas, or involved in health and correctional programs.
IV.
DEFINITIONS
:
A.
Evaluation:
A mental health
		  evaluation performed under the supervision of a licensed practitioner, and
		  which includes, at a minimum, direct contact with the inmate.
B.
Recommendations:
Statements
		  made and signed by a licensed clinician may include, but are not limited to,
		  the following: a strategy for preventing future repetitions of the misbehavior
		  while maintaining the mental health of the inmate; suggestions for placement of
		  the inmate; and treatment plan considerations for the inmate.
C.
Serious Mental Illness:
This
		  is defined as symptoms of a diagnosable mental disorder that impairs an
		  individual's functioning and disrupts the capacity to cope with the ordinary
		  demands of life.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-086 - AR 835 Grievance Procedures for Offenders

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY:
The Board of Correction and Community Punishment (BCCP) is vested
			 with the authority to promulgate this administrative rule by Ark. Code Ann.
			 §§
							12-27-105,
			 16-93-1203
			 and
			 16-93-1205
			 (Michie Supp. 1995).
II.
APPLICABILITY:
This policy applies to employees and offenders of the Department
			 of Correction (DOC) and the Department of Community Punishment (DCP) staff,
			 inmates and residents of Community Punishment Centers.
III.
POLICY:
It is the policy of the Board of Correction and Community
			 Punishment that offenders are provided an opportunity to submit grievances
			 regarding policy, conditions, incidents or actions related to
			 incarceration/confinement which directly impact them.
IV.
GUIDELINES
:
A. Administrative directives establishing
		  procedures will be set forth by each Agency.
B. Procedures shall, at minimum provide for
		  the following: offender notice of the grievance process; timely, effective and
		  impartial processing of grievances; an appeals process; appropriate
		  documentation of grievance activity; and speedy disposition of emergency
		  situations, with security and safety the paramount concern.
C. Use of the grievance procedure shall occur
		  without restraint, coercion, discrimination, interference or reprisal.
		  Violation of this guideline shall result in prompt and decisive
		  action.
D. The grievance procedure
		  shall exclude complaints regarding release, transfer, disciplinary or other
		  matters excluded by administrative directives.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-088 - AR 840 Personal Cleanliness and Grooming for 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 Ark. Code Ann. §§
							12-27-105,
			 16-93-1203
			 and
			 16-93-1205
			 (Michie Supp. 1995).
II.
APPLICABILITY
:
All offenders under the care and custody of the Arkansas
			 Department of Correction and Department of Community Punishment
			 (Departments).
III.
POLICY
:
To provide for the health and hygiene of offenders confined or
			 incarcerated in Department facilities, and to maintain a standard appearance
			 throughout the period of incarceration or confinement, minimizing opportunities
			 for disguise and for transport of contraband and weapons.
IV.
GUIDELINES
:
A. Offenders shall be provided necessary
		  items and services to maintain personal hygiene and grooming.
B. Grooming regulations to maintain a
		  standard appearance shall be stated in an Administrative Directive.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-089 - AR 841 Inmate Property Control

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 Administrative Rule is vested in Act 50 of 1968, First Extraordinary Session,
			 as amended.
II.
PURPOSE
:
To describe the procedures that will be used to process inmate
			 property control.
III.
APPLICABILITY
:
To all employees and especially those involved in the control of
			 inmate property, and all inmates.
IV.
POLICY
:
It shall be the policy of the Department of Correction to permit
			 only those inmate property items that are necessary for institutional life and
			 do not endanger the security or the safety of staff or other inmates.
V.
DEFINITIONS
:
A.
Personal Property
- Items which are purchased by or for an inmate and/or given to an inmate which
		  are authorized to be retained, within limits as posted in the unit/center of
		  assignment, on an inmate's person or in living or storage area.
B.
State Issue
		  Property
- Items which are issued to an inmate for his or her
		  personal use and which may be retained within a reasonable amount by the inmate
		  on his or her person, or in the living area.
State issued property other than that of a rapidly expendable
			 nature (i.e., toilet paper, soap, toothbrush, etc.) is to be clearly identified
			 as state property.
C.
Contraband
- Any article not authorized nor issued to
		  any inmate as personal or state property, nor purchased by the inmate through
		  the commissary. Also included is nuisance contraband.
1. Nuisance Contraband - Any item or article
		  which may be or may have been authorized for possession, but which is now
		  prohibited because excessive quantities present health or fire hazards or have
		  become a housekeeping problem. Specific examples include but are not limited
		  to:
a. Excessive numbers of newspapers,
		  letters, or magazines;
b. Food
		  items which have spoiled;
c. Items
		  accumulated for the purpose of barter or trade.
2. Articles in excess of established
		  unit/center limits, articles used for unauthorized purposes, and/or articles in
		  an inmate's possession in an unauthorized area are also considered
		  contraband.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-090 - AR 850 Terminal Illness or Permanently Incapacited

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
The Board of Corrections is vested with the authority to
			 promulgate administrative rules by Ark. Code Ann. §§
							12-27-105,
			 16-93-1203,
			 and
			 16-93-1205.
II.
APPLICABILITY
This policy applies to medical staff, consulting physicians,
			 members of the public, and to administrative staff of the Arkansas Department
			 of Correction (ADC) and Department of Community Correction (DCC) and to
			 inmates/residents identified b a physician as terminally ill or permanently
			 incapacitated.
III.
POLICY
The medical service provider, ADC, and DCC must establish a
			 process to identify and bring to the attention of the Parole Board for transfer
			 to community supervision terminally ill and permanently incapacitated
			 inmates/residents who meet criteria in this policy.
IV.
DEFINITIONS
A.
Permanent Incapacitation
A medical condition that is not necessarily terminal but renders
			 an offender permanently and irreversibly incapacitated and requires immediate
			 and long-term care, in the opinion of two licensed physicians pursuant to
			 law.
B.
Terminal
		  Illness
An incurable condition that will likely result in death within 2
			 years due to illness or disease, in the opinion of two licensed
			 physicians.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-091 - AR 851 Continuity of Care

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 549 of 1993,
			 Regular Session; Act 50 of 1968, First Extraordinary Session, as amended; and
			 Act 1281 of 1993, Regular Session.
II
PURPOSE
:
To provide for continuity of care for releasees with serious
			 physical or mental disorders or disabilities.
III.
APPLICABILITY
:
To all employees, especially those involved in the treatment
			 and/or release of inmates with physical or mental disorders or disabilities;
			 and all inmates.
IV.
POLICY
:
It shall be the policy of the Department of Correction to request
			 emergency medical stays for inmates being released with serious physical or
			 mental disorders or disabilities until transfer to an appropriate treatment
			 setting can be accomplished.
V.
DEFINITIONS
:
A.
Emergency Medical
		  Stay
- the retention of a releasee with a serious physical or
		  mental disorder or disability not to exceed 72 hours in duration for provision
		  of an appropriate treatment setting upon release.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-092 - AR 854 Research and Experimentation

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 Arkansas Code Annotated
			 §§
							12-27-105.
II.
POLICY:
It is the policy of the Department to prohibit inmates from
			 participating in medical and/or pharmaceutical testing for experimental or
			 research purposes and to allow research in criminal behavior. Research related
			 to criminal behavior may be allowed to the extent that it is consistent with
			 the mission and vision of the Arkansas Department of Correction.
III.
EXPLANATION:
A. There will be no medical or pharmaceutical
		  experimentation or testing involving inmates of the Arkansas Department of
		  Correction.
B. This rule does not
		  preclude the use of any pharmaceutical or medical procedure which is classified
		  by Public Health Authorities or F.D.A. as in the experimental stage, when it
		  can be instrumental in the treatment of any disease or condition as indicated
		  by proper medical procedure.
C. All
		  requests for voluntary inmate participation in non-medical, non-pharmaceutical
		  and non-cosmetic research programs will be referred to the Management Team. The
		  team will review the proposal for content and methodology. The results of the
		  review along with other pertinent information will be submitted to the Director
		  for approval or disapproval. Information Systems Division will retain
		  information on all research programs approved.
Board Approval Date: 10/21/96
Effective Date:
11/1/96
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-093 - AR 202 Drug-Free Workplace

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment (BCCP) is vested
			 with the authority to promulgate this administrative rule by Ark. Code Ann.
			 §§
							12-27-105,
			 16-93-1203
			 and
			 16-93-1205
			 (Michie Supp. 1995).
II.
APPLICABILITY
:
This rule applies to the Arkansas Department of Correction (ADC)
			 and Department of Community Punishment (DCP) employees and applicants.
III.
POLICY
:
It is the policy of the Department of Correction and the
			 Department of Community Punishment to provide a drug-free work environment. The
			 unlawful manufacture, distribution, dispensing, possession or use of a
			 controlled substance by an employee is prohibited. Employees are also
			 prohibited from being under the influence of alcohol during duty hours.
IV.
EXPLANATION
:
It is well recognized that drug abuse in the workplace has a
			 deleterious effect on public health and safety, the welfare of the employee,
			 and on morale and productivity. Drug abuse is also contrary to the missions of
			 ADC and DCP.
V.
GUIDELINES
:
The ADC and DCP shall implement a drug testing program using
			 reasonable test procedures employed to protect the privacy rights of employees
			 and applicants and to achieve reliable and accurate results. The ADC/DCP
			 Director will develop program guidelines and procedures which comply with the
			 Drug-Free Workplace Act of 1988 and shall include at a minimum:
A. Testing of applicants being considered for
		  positions which require supervising offenders, after a conditional offer of
		  employment has been made;
B. Random
		  testing of employees that supervise offenders;
C. Testing of all employees based on
		  reasonable suspicion and following critical incidents;
D. Testing as a condition of continued
		  employment where an employee has a documented drug history or tests positive
		  for drugs;
E. Referral to the
		  Arkansas Employee Assistance Program when appropriate;
F. Notification to ADC/DCP Internal Affairs
		  when there is reasonable suspicion of illegal activity, to include positive
		  alcohol/drug tests; and,
G. Notice
		  to employees of the penalties for violation of the policy.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-094 - AR 005 Reporting of Incidents

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY OF DEPARTMENT
:
To ensure that all significant events or situations occurring
			 within the Arkansas Division of Correction are completely documented by the
			 employees involved, and that all appropriate personnel are informed of the
			 incident in a timely manner.
II.
PURPOSE
:
A. Every employee is required to fully
		  document any of the following incidents, whether he/she is a participant or
		  simply observes the situation:
1. any
		  disturbance;
2. an inmate assault
		  on another inmate;
3. an inmate
		  assault on an employee;
4. use of
		  force by an employee on an inmate;
5. an inmate suicide attempt;
6. escapes or unauthorized
		  absences;
7. inmate or employee
		  deaths;
8. major property loss or
		  damage;
9. the personal knowledge
		  of inmate or staff giving false information;
10. a violation of any Division
		  policy;
11. any inmate or employee
		  actions which could lead to criminal charges.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-096 - AR 217 Staff Assignments, Housing and Emoluments

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
A. It shall be the policy of the Department
		  of Corrections to ensure that state supplied housing, or space for employee
		  provided housing (mobile homes), are available to only those individuals in
		  approved positions and that they be administered and documented in such a way
		  that fiscal responsibility is guaranteed.
B. The use of state supplied housing, or
		  space for employee provided housing (mobile homes), shall be reported to the
		  Board of Corrections' Compliance Division; as changes occur. The report shall
		  be made by the Secretary of Corrections, or his or her designee.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.90-001 - Arkansas Correctional Industries

Current through Register Vol. 49, No. 6, June, 2024
114
Arkansas Correctional Industries
I.
Authority
: The
		  Board of Correction is vested with the authority to promulgate this
		  Administrative Regulation by Act 50 of 1968 as amended, Act 473 of 1967, Act
		  108 of 1981, Act 825 of 1985, and Act 48 of 1989.
II.
Purpose
: To
		  establish policy and procedures concerning the manufacture, sales and
		  distribution of Arkansas Correctional Industries made goods.
III.
Applicability
:
		  To all ACI employees, to all offices, departments, institutions and agencies of
		  the state that must purchase ACI made products and to those political
		  subdivisions, non-profit organizations and other states which may purchase ACI
		  made goods.
IV.
Policy
: It shall be the policy of the Board of
		  Correction to establish an ongoing correctional industry program to further
		  provide more adequate, regular and suitable training and/or employment for the
		  inmates of the state and to provide quality products and services to be
		  purchased by all offices, departments, institutions and agencies of the state,
		  all political subdivisions and non-profit organizations, and other states or
		  others as provided in the Acts of the State of Arkansas.
V.
Procedures
1. The Arkansas Correctional Industries
		  program will purchase equipment, raw materials and supplies in the manner
		  provided by laws of the State of Arkansas.
2. The Board of Correction will fix and
		  determine the price range at which all articles or products manufactured or
		  produced shall be furnished.
3.
		  Administrative Directives will be developed to provide guidance concerning the
		  procedures to be used by ACI in the process of selecting market representatives
		  and its mission to enter into contractual agreements with dealers, retailers,
		  distributors and manufacturing representatives for the marketing of products
		  and services produced by ACI.
4.
		  Arkansas Correctional Industries will prepare, at such times as it may
		  determine needed, catalogues containing the description of all articles and
		  products manufactured or produced in the program.
5. Arkansas Correctional Industries will use
		  the reports it is to receive from officials of state supported offices,
		  departments, institutions and agencies to estimate the kind and amount of
		  articles and products required for the ensuing year. These reports are due in
		  from state supported entities at least thirty days before the commencement of
		  each fiscal year.
Board of Correction Approval Date: 01/26/90
Attorney General Review Date: 01/26/90
Date Filed Secy, of State: 01/29/90
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.90-003 - Arkansas Correctional Industries

Current through Register Vol. 49, No. 6, June, 2024
114
		  Arkansas Correctional Industries
I.
Authority
: The Board of Correction is vested with the
		  authority to promulgate this Administrative Regulation by Act 50 of 1968 as
		  amended, Act 473 of 1967, Act 108 of 1981, Act 825 of 1985, and Act 48 of
		  1989.
II.
Purpose
: To establish policy and procedures concerning
		  the manufacture, sales and distribution of Arkansas Correctional Industries
		  made goods.
III.
Applicability
: To all ACI employees, to all offices,
		  departments, institutions and agencies of the state that must purchase ACI made
		  products and to those political subdivisions, non-profit organizations and
		  other states which may purchase ACI made goods.
IV.
Policy
: It shall
		  be the policy of the Board of Correction to establish an ongoing correctional
		  industry program to further provide more adequate, regular and suitable
		  training and/or employment for the inmates of the state and to provide quality
		  products and services to be purchased by all offices, departments, institutions
		  and agencies of the state, all political subdivisions and non-profit
		  organizations, and other states or others as provided in the Acts of the State
		  of Arkansas.
V.
Procedures
1. The
		  Arkansas Correctional Industries program will purchase equipment, raw materials
		  and supplies in the manner provided by laws of the State of Arkansas.
2. The Board of Correction will fix and
		  determine the price range at which all articles or products manufactured or
		  produced shall be furnished.
3.
		  Administrative Directives will be developed to provide guidance concerning the
		  procedures to be used by ACI in the process of selecting market representatives
		  and its mission to enter into contractual agreements with dealers, retailers,
		  distributors and manufacturing representatives for the marketing of products
		  and services produced by ACI.
4.
		  Arkansas Correctional Industries will prepare, at such times as it may
		  determine needed, catalogues containing the description of all articles and
		  products manufactured or produced in the program.
5. Arkansas Correctional Industries will use
		  the reports it is to receive from officials of state supported offices,
		  departments, institutions and agencies to estimate the kind and amount of
		  articles and products required for the ensuing year. These reports are due in
		  from state supported entities at least thirty days before the commencement of
		  each fiscal year.
Board of Correction Approval Date: 3/30/90
Attroney General Review Date: 3/30/90
Date Filed Secy, of State: 4/2/90
Supersedes: Emergency 114
Dated: 1/26/90
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.90-008 - Chaplaincy Services

Current through Register Vol. 49, No. 6, June, 2024
883
Chaplaincy Services
I.
Authority
The Board of Correction is vested with the authority to
			 promulgate this Administrative Regulation by Act 50 of 1968 as amended.
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 Regulation applies to all staff and inmates
			 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 inmate of the Department.
IV.
Definitions
A.
		  Religion refers to 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 refers to an
		  individual ordained or otherwise recognized, according to the precepts of the
		  religion represented, as qualified to teach religious precepts, provide
		  spiritual counsel, and conduct religious services.
C. Volunteer refers to an individual having
		  the approval of a religious group or authority, approved through the procedures
		  of the Department, and trained in applicable regulations and expectations of
		  conduct to be followed inside the Department, who provides for, or assists in
		  providing for, the religious needs of inmates,
D. Restrictions refer to generally diminished
		  rights consistent with incarceration and to specific limitations on religious
		  conduct deemed necessary to meet legitimate penological interests.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.90-010 - Act 309 Program

Current through Register Vol. 49, No. 6, June, 2024
1212 Act 309
		  Program
I. AUTHORITY: The authority of the
		  Board of Correction to promulgate this Administrative Regulation is confirmed
		  in Act 50 of 1968, as amended by Act 309 of 1983.
II. PURPOSE: To establish regulations
		  pursuant to Act 309 of 1983, and to delineate the cooperative agreement to be
		  executed.
III. APPLICABILITY: To
		  Departmental staff, inmates meeting criteria and county officials
		  (sheriffs).
IV. POLICY: It shall be
		  the policy of the Department to allow the Director to sign cooperative
		  agreements between county 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 county jails.
V. PROCEDURES:
1. The Assistant Director of Field Services
		  shall be responsible for conducting the program including ascertaining and
		  promoting the sheriff's interest in the program and to ensure that an
		  appropriate contract is provided to all interested sheriffs.
2. A cooperative agreement will be executed
		  between the county and the Arkansas Department of Correction pursuant to Act
		  309 of 1983.
3. An Administrative
		  Directive will be formulated to outline the procedures to be followed
		  pertaining to Act 309 of 1983.
Board of Correction Approval Date: 3/30/90
Attorney General Review Date: 3/30/90
Date Filed Secy, of State: 4/2/90
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-006 - Arkansas Department of Correction Jail Facilities

Current through Register Vol. 49, No. 6, June, 2024
890 Arkansas Department of Correction Jail
		  Facilities
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 Administrative Regulation is confirmed in Act 50 of 1968, First Extraordinary
			 Session, as amended, and Act 427 of 1987, Regular Session.
II.
PURPOSE
:
This Administrative Regulation 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 Regulation 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.
B. Jail Facility - any detention facility
		  under the management of the Department of Correction that houses prisoners who
		  have not been received as commitments to the Department of
		  Correction.
V.
POLICY
:
It shall be the policy of the Arkansas Department of Correction
			 to provide and/or coordinate correctional services, as contracted with other
			 law enforcement agencies, to jail facilities in a manner consistent with the
			 jail standards established by the Criminal Detention Facility Review
			 Commission.
VI.
PROCEDURES
:
Each jail facility will have written policies and procedures for
			 the provision of correctional services consistent with minimum jail standards
			 as established by the Criminal Detention Facility Review Commission.
Board of Correction Approval Date: 02/26/91
Attorney General Review Date: 02/26/91.
Date Filed Secy, of State: 02/27/91
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-007 - Classification of Inmates

Current through Register Vol. 49, No. 6, June, 2024
802
		  Classification of Inmates
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 Administrative Regulation is confirmed in Act 50 of 1968, First Extraordinary
			 Session, as amended; and Act 309 of 1991, Regular Session.
II.
PURPOSE
:
To establish policy to provide for a method of classifying
			 inmates sentenced to the Arkansas Department of Correction, to comply with
			 Arkansas Code
			 12-29-202,
			 and to ensure a uniform method of awarding meritorious good time pursuant' to
			 the provisions of the Arkansas Codes.
III.
APPLICABILITY
:
To inmates and department staff.
IV.
POLICY
:
As defined by this Administrative Regulation, a Classification
			 Committee shall be established for each unit/center. Members of the Committee
			 will be selected by Wardens or Supervisors of the various units/centers. The
			 Classification Committees shall be composed of, but not limited to:
- Unit Warden/Center Supervisor or Assistant Warden (acting as
			 Chairperson)
- Unit Classification Officer or person acting in this capacity
			 as designated by the Warden/Supervisor.
- Security Representative
- Treatment Representative
The Unit Classification Committee shall meet as open as necessary
			 to classify inmates in accordance with guidelines established in the
			 Classification Manual and/or Administrative Directive. Exceptions to these
			 policies must be approved by the Director.
Board of Correction Approval Date: 4/19/91
Attorney General Review Date: 4/19/91
Date Filed Secy, of State: 4/22/91
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-012 - Inmate Name Changes for Religious Purposes

Current through Register Vol. 49, No. 6, June, 2024
825 Inmate Name Changes for Religious
		  Purposes
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 administrative regulation is vested in Act 50 of 1968, First Extraordinary
			 Session, as amended; Act 52 of 1989, Regular Session.
II.
PURPOSE
:
To ensure a uniform method of record keeping that allows inmates
			 to receive services and information under a new name when legally changed by
			 the appropriate courts.
III.
APPLICABILITY
:
To all employees and inmates.
IV.
DEFINITION
:
1. Records - any written account of events or
		  facts on a particular subject collected and preserved.
2. Commitment Name - the name recorded by the
		  sentencing jurisdiction as the subject's name and indicated on the Judgement
		  and Commitment Order.
3. AKA - a
		  person's name which has been legally changed by the appropriate courts for
		  religious purposes after incarceration.
V.
POLICY
:
The Department of Correction shall allow persons who have legally
			 changed their names for religious purposes to receive services and information
			 by utilizing their AKA's.
Inmates must respond to his or her legally changed name or his or
			 her commitment name if instructed to do so. Failure to comply may result in
			 disciplinary action and/or the withdrawal of the "AKA" alternative upon
			 approval of the appropriate assistant director.
VI.
PROCEDURES
:
The records of the Department of Correction and the clothing of
			 inmates shall reflect both the commitment name and changed names of those
			 inmates who have legally changed their names for religious purposes after
			 incarceration.
The records and the inmate clothing shall be identified by using
			 the "AKA" alternative. The changed name shall be added as an "AKA" following
			 the commitment name in the prison records and on the inmate's clothing.
A. Notification
Upon an inmate legally changing his or her name, the
			 warden/center supervisor shall be responsible for advising the appropriate
			 supervisors.
B. Records
1. In all records maintained, the commitment
		  name will remain as the primary name.
2. The "AKA" shall be placed secondary on the
		  appropriate documentation/records.
3. Records maintained by the department shall
		  reflect the commitment name and "AKA" in conjunction with the inmate's ADC
		  number.
C. Clothing
When an approved "AKA" is being added to an inmate's
			 clothing:
1. The surname of the
		  commitment name shall appear first.
2. The last name within the new "MA" shall be
		  added below the commitment name.
Staff shall first use the legally changed name when addressing an
			 inmate.
Board of Correction Approval Date: 07/17/91
Attorney General Review Date: 07/17/91
Date Filed Secy, of State: 07/18/91
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-021 - Electronic Monitoring

Current through Register Vol. 49, No. 6, June, 2024
1310
		  Electronic Monitoring
I.
AUTHORITY
:
The authority of the Department of Correction to promulgate this
			 Administrative Regulation is vested in Act 50 of 196S, First Extraordinary
			 Session, as amended; and Act 263 of 1991, Regular Session.
II.
PURPOSE
:
To establish the policy by which the Arkansas Department of
			 Correction monitors certain persons under supervision of the Department by
			 means of electronic monitoring devices.
III.
APPLICABILITY
:
To the Board of Correction, all departmental employees,
			 especially those involved in various release programs, and all inmates and
			 persons under release supervision.
IV.
DEFINITIONS
:
A.
Community Supervision
		  Program
: Programs under the supervision of the Field Services
		  Division; whereby, offenders are monitored by Department staff while living in
		  the community.
V.
POLICY
:
It shall be the policy of the Department of Correction to provide
			 a supplemental system of supervising certain inmates or releasees through the
			 use of electronic monitoring devices.
VI.
PROCEDURES
:
A. Any offender released to a community
		  supervision program may be required to participate in a home detention program
		  through the use of electronic monitoring devices.
1. The Board of Correction may require
		  participation in the electronic monitoring program as a condition of release in
		  addition to all other conditions.
2
		  . Entrance into the electronic monitoring program and release from
		  such program may be requested by the supervising officer and approved by the
		  appropriate assistant director of the Department of Correction.
B. The Assistant Director for
		  Field Services shall develop administrative memoranda to include:
1. Forms for administering the
		  program;
2. Lines of authority and
		  responsibility;
3. Periodic
		  reporting system.
Board of Correction Approval Date: 9/24/91
Attorney General Review Date: 9/24/91
Date Filed Secy, of State: 9/26/91
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-022 - Emergency Powers Act

Current through Register Vol. 49, No. 6, June, 2024
1315
		  Emergency Powers Act
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 Administrative Regulation is vested in Act 50 of 1968, First Extraordinary
			 Session, as amended; Act 418 of 1987, Regular Session; Act 684 of 1991, Regular
			 Session; and A.C.A. 12-68-601 - 12-68-606.
II.
PURPOSE
:
To establish the policy by which the Board of Correction may,
			 when the prison population exceeds 98% of the rated capacity, release inmates
			 from the Department of Correction prior to their normal release date. This
			 policy also allows for the 98% factor to be applied separately to the male and
			 female prison population.
III.
APPLICABILITY
:
To the Board of Correction; all departmental employees,
			 especially those involved in release processing; and all inmates.
IV.
DEFINITIONS
:
A.
Rated Capacity
: The cumulative total of inmates which
		  may be housed by the Department as determined by court order or the Board of
		  Correction.
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.
V.
POLICY
:
It shall be the policy of the Department of Correction and the
			 Board of Correction to review the inmate population of the Department and, at
			 the Board's discretion, invoke the Emergency Powers Act for the male segment of
			 the . population, the female segment of the population, or both, depending upon
			 the segment(s) of the population exceeding 98% of the rated capacity.
VI.
PROCEDURES
:
At such time the male population, the female population, or the
			 combined total population of the Department reach or exceed 98% of rated
			 capacity, the Director of the Department of Correction will cause a list of
			 those inmates eligible for release within a period of time, not to exceed 9 0
			 days, to be presented to the Board of Correction for their
			 consideration.
The Board of Correction may invoke the Emergency Powers Act to
			 affect those inmates of the male population, female population or both.
The Board of Correction may also specify the number of days
			 affected by the Act (not to exceed 90 days) and whether inmates eligible for
			 parole or inmates eligible for discharge are affected.
Board of Correction Approval Date: 9/24/91
Attorney General Review Date: 9/24/91
Date Filed Secy, of State: 9/26/91
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-024 - Inmate Commissaries

Current through Register Vol. 49, No. 6, June, 2024
103 Inmate
		  Commissaries
I.
AUTHORITY
:
The authority to promulgate this Administrative Regulation is
			 vested in Act 50 of 1968, First Extraordinary Session, as amended.
II.
PURPOSE
:
To describe the fiscal operation of the inmate commissaries and
			 to require pricing policies and procedures.
III.
APPLICABILITY
:
To the Board of Correction, wardens/center supervisors/
			 administrators, and all employees involved in the utilization and operation of
			 inmate commissaries.
IV.
POLICY
:
It shall be the policy of the Department of Correction to provide
			 inmate commissary operations at units/centers.
V.
DEFINITIONS
:
A. Commissary - A store established within a
		  unit/center where food and supplies are sold.
B. Inmate Welfare Fund - A self-supporting
		  enterprise financed and operated through sales to inmates and employees;
		  residual equity of the fund being used to provide benefits to inmates not
		  ordinarily provided by tax revenues.
VI.
PROCEDURES
:
A. Establishment
Each unit/center shall establish a commissary for inmate
			 use.
1. Items sold in the inmates'
		  commissaries must be indicated on the Standardized Commissary Items listing and
		  be approved by the unit warden/center supervisor.
B. Fiscal Operations
1. Commissary pricing policies shall be
		  established by the Board of Correction.
a.
		  Upon approval, a copy of the appropriate administrative directive(s) shall be
		  forwarded to each unit/center for posting.
2. The net profit from items sold in the
		  inmate commissaries is to be placed in the Inmate Welfare Fund and expended for
		  the benefit of the inmate population under guidelines-established by the Board
		  of Correction.
3. No goods can be
		  sold on credit or consignment.
4. A
		  monthly inventory will be taken within guidelines of the Administrative
		  Services Division.
Unit/Center commissaries are to be kept clean and orderly.
The unit warden/center supervisor of each unit/center shall
			 publish procedures relative to commissary operations and privileges.
Board of Correction Approval Date: 12/4/91
Attorney General Review Date: 12/4/91
Date Filed Secy, of State: 12/5/91
Supersedes: AR 103
Dated: 09/30/88
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-025 - Pardons and Commutation of Sentences

Current through Register Vol. 49, No. 6, June, 2024
1305 Pardons and Commutation of Sentences
I.
AUTHORITY
:
The authority to promulgate this Administrative Regulation is
			 vested in Act 50 of 1968, First Extraordinary Session, as amended; and Act 706
			 of 1991, Regular Session.
II.
PURPOSE
:
To provide notice to victim(s) and victim(s') next of kin and an
			 opportunity for them to be heard when considering requests for pardons and
			 commutations of sentences.
III.
APPLICABILITY
:
To Field Services staff and any other employees involved in the
			 processing of pardons and commutations.
IV.
DEFINITIONS
:
A.
Pardon
: The
		  deliverance of a convicted person from punishment dealt by the courts and
		  restoration of their civil rights by order of the Governor of the State of
		  Arkansas.
B.
Commutation
: A reduction in a convicted person's
		  penalty (i.e., length of sentence) to a less severe penalty.
V.
POLICY
:
The pardon or commutation of a person convicted of Capital Murder
			 or of a Class Y, Class A, or Class B felony may be granted only after proper
			 notification has been ensured.
VI.
PROCEDURES
:
When considering the pardons or commutations of persons convicted
			 of Capital Murder or a Class Y, Class A, or Class B felony, the following
			 procedures shall be followed:
A.
		  Filing of Application
Copies of applications shall be filed with:
1. Secretary of State;
2. Attorney General;
3. Sheriff of the county in which the offense
		  was committed;
4. Prosecuting
		  attorney of the judicial district in which the applicant was found guilty and
		  sentenced;
5. Circuit judge
		  presiding over the proceedings at which the applicant was found guilty and
		  sentenced; and
6. Victim of the
		  crime or the victim's next of kin, if he or she files a request for notice with
		  the prosecuting attorney.
B. Legal Notice
If the application involves a conviction for Capital Murder, the
			 application shall be published by two insertions, separated by a minimum of
			 seven days, in a newspaper of general circulation in the county(ies) in which
			 the offense(s) of the applicant were committed.
Board of Correction Approval Date: 12/4/91
Attorney General Review Date: 12/4/91
Date Filed Secy, of State: 12/5/91
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.92-004 - Use of Restraints

Current through Register Vol. 49, No. 6, June, 2024
403 Use of
		  Restraints
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 Administrative Regulation is vested in Act 50 of 19 68, First Extraordinary
			 Session, as amended.
II.
PURPOSE
:
To provide Department of Correction personnel or contracted staff
			 guidance regarding the use of restraints.
III.
APPLICABILITY
:
Wardens/center supervisors; chief administrative officers;
			 security personnel; any staff required to restrain inmates in the performance
			 of their duties; and inmates.
IV.
DEFINITIONS
:
A.
Restraints
:
		  Security equipment used to prevent escape, assault, or the commission of some
		  other offense by violent or disruptive inmates; and to protect employees,
		  inmates, and other individuals.
V.
POLICY
:
It shall be the policy of the Department of Correction to use
			 restraints only when circumstances require the protection of inmates, staff, or
			 other individuals from potential harm or to deter the possibility of
			 escape.
VI.
PROCEDURES
:
A. Use of
		  Equipment
1. Upon the determination of the
		  warden/center supervisor, chief administrative officer, or designee, handcuffs
		  and/or leg irons may be utilized when escorting/moving inmates within or on a
		  unit/center.
a. Leg irons may also be utilized
		  to provide additional security.
2. Handcuffs and/or security belts may be
		  employed to restrain any inmate in segregation when said inmate is moved within
		  the unit/center.
3. Restraint
		  devices shall not be removed until the inmate is placed in a secure area or
		  upon the express approval of the warden/center supervisor, chief of security,
		  or designee. Restraints will not be used longer than is necessary.
4. Mechanical means of restraint will not be
		  used as punishment. No mechanical restraints will be placed about the neck of
		  an inmate, nor will restraint equipment be applied in any way so as to inflict
		  physical pain or to restrict blood circulation or breathing.
5. Use of restraints within the cell shall be
		  determined by the Warden and/or medical mental health authorities.
B. Training
1. New employees will participate in one hour
		  of pre-service training that will include the policy, use, and practice of
		  applying restraint equipment.
2.
		  In-service training classes in the policy, use, and practice of applying
		  restraint equipment should be held at least twice a year. Officers will
		  participate in at least one refresher course per year.
3. All pre-service and in-service training
		  will be coordinated through the Arkansas Department of Correction Training
		  Academy.
Board of Correction Approval Date: 2/27/92
Attorney General Review Date: 2/27/92
Date Filed Secy, of State: 2/28/92
Supersedes: AR 403
Dated: 7/31/81
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.92-006 - Food Service

Current through Register Vol. 49, No. 6, June, 2024
600 Food Service
I.
AUTHORITY
:
The authority to promulgate this Administrative Regulation is
			 vested in Act 50 of 1968, First Extraordinary Session, as amended.
II.
PURPOSE
:
To ensure inmates are provided tasteful and nutritious meals
			 while observing recommended dietary allowances and the basic safety and
			 sanitation requirements for food service programs.
III.
APPLICABILITY
:
To all employees in food service, employees involved in the
			 direction and supervision of the food service program; employees involved and
			 associated with those departments involved in the procurement, storage,
			 preparation and utilization of food service supplies and service of
			 food.
IV.
POLICY
:
It shall be the policy of the Department of Correction to
			 establish food standards for food services provided to the inmate population
			 and to observe acceptable standards of food preparation, storage, sanitation,
			 safety, and physical hygiene.
V.
PROCEDURES,
:
A.
Menu Planning
Food Service staff and the dietician shall plan menus in advance
			 and substantially follow the plan. Planning and preparation of all meals shall
			 take into consideration food flavor, texture, appearance, palatability, and
			 required dietary allowances.
Master menus shall be developed and/or reviewed by a
			 dietician.
B.
Food Service Management
Food Service operations are supervised by a full-time staff
			 member who is experienced in food service management.
C.
Dietary
		  Allowances
Documentation that a qualified dietician has reviewed dietary
			 allowances at least on an annual basis to ensure meals meet the nationally
			 recommended allowances for basic nutrition.
D.
Food Preparation, Storage, and
		  Sanitation
Food services facilities and equipment shall meet established
			 standards and requirements of all federal and state codes.
E.
Standard Operating
		  Procedures
Other issues will be covered by appropriate Administrative
			 Directives/Memoranda issued by the Director, Deputy Director of Operations,
			 and/or Administrator of Food Services.
Board of Correction Approval Date: 6/16/92
Attorney General Review Date: 6/16/92
Effective Date 6/18/92
Supersedes: AR 600
Dated: 5/31/80
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.92-010 - Equal Employment Opportunity

Current through Register Vol. 49, No. 6, June, 2024
228
		  Equal Employment Opportunity
I.
AUTHORITY
:
The authority to promulgate this administrative regulation is
			 confirmed in Act 50 of 1968, First Extraordinary Session, as amended.
II.
PURPOSE
:
To describe general procedures that will be used by the
			 Department of Correction to ensure equal access to employment and related
			 opportunities.
III.
APPLICABILITY
:
To all employees and especially administrative management staff
			 who are responsible for ensuring compliance with this policy in all employment
			 actions and employment-related-decisions within their area of
			 responsibilities.
IV.
POLICY
:
It shall be the policy of the Department of Correction to ensure
			 all qualified persons have an equal opportunity for access to employment,
			 employment benefits, and other career and promotional activity. The department
			 acknowledges responsibility under state and federal law to pursue a program of
			 civil rights compliance.
V.
PROCEDURES
:
A.
		  Responsibilities
All members of the administrative/management staff shall be
			 familiar with this statement of policy, the philosophy behind it, and their
			 responsibility to apply these principles in good faith.
B. Monitoring
Dissemination, administration, and monitoring of this policy and
			 any related procedures shall be the responsibility of the departmental
			 EEO/Grievance Officer.
VI.
A.C.A.
		  REFERENCES
:
3-4053
Board of Correction Approval Date: 19/13/92
Attorney General Review Date: 10/13/92
Date Filed Secy, of State: 10/14/92
Supersedes: AR228
Dated: 9/15/92