Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.90-002 - Protective Custody

Current through Register Vol. 49, No. 6, June, 2024
837
Protective Custody
I. POLICY: The
		  Department shall provide Protective Custody housing at certain units/centers
		  within the Arkansas Department of Correction. This housing space must restrict
		  unauthorized and unsupervised contact with the general population. Inmates may
		  request to be placed in protective custody if they believe that their safety is
		  being threatened in the general population. The unit/center administration may
		  elect to place an inmate in protective custody if they believe he/she is in
		  danger. Inmates whom the unit/center administration believes may cause (or be
		  in) security risks to the good order and safety of the institution may be
		  assigned temporarily to Protective Custody status. Inmates assigned to
		  temporary protective custody status remain in that status until a determination
		  is made by the Unit Classification Committee that they should return to the
		  general population or remain in Protective Custody or transfer to another
		  unit.
II. EXPLANATION:
Often an inmate assigned to Protective Custody may have a
			 conflict with other inmates assigned to Protective Custody. Care should be
			 taken by the Chief of Security or his/her disignee as to cell assignment, job
			 assignment, recreation, etc., in an effort to maximize each inmate's safety.
			 Programmatic accommodations should be comparable to those provided for the
			 general population commensurate with good correctional security
			 practice.
An inmate may be placed in Protective Custody on a temporary
			 basis upon the approval of the Warden/Assistant Warden/Chief of Security or
			 designee.
PROCEDURES
:
Inmates temporarily assigned to Protective Custody will have
			 his/her status reviewed by the Classification Committee after seven days.
			 Inmates assigned to Protective Custody may have their status reviewed every
			 month for the first three months and at least every six months. thereafter. The
			 inmate may appear before the Classification Committee unless a less restrictive
			 classification is being made or security or other concerns warrant
			 non-appearance of the inmate.
1. The
		  Classification Committee shall determine if Protective Custody placement or
		  continued Protective Custody placement for the inmate is justified, or
		  recommend that the inmate be released to the general population or transferred
		  to another unit.
Any of the following may be considered by the Classification
			 Committee in making its decision:
a.
		  The inmate requests Protective Custody and/or his/her physical size, stature or
		  demeanor indicates that he/she is likely to be preyed upon by more aggressive
		  inmates in the general population.
b. The inmate can present verifiable
		  information identifying specific individual(s) who present a threat of physical
		  harm.
c. Information contained in
		  the inmate's Master File or other areas of the criminal justice system may
		  indicate a need for Protective Custody.
d. Other justifiable grounds exist that in
		  the Committee's judgment makes continued placement of the inmate in Protective
		  Custody necessary for the good order and safety of the institution.
2. In making a recommendation that
		  an inmate be removed from Protective Custody, or transferred to another unit,
		  the Committee may consider at least the following:
a. A written report from a member of the
		  treatment staff and/or security staff who is familiar with the inmate and
		  his/her situation.
b. A written
		  report from other inmates, the administrator, the Chaplain, teachers,
		  assignment supervisors, medical technicians, and other appropriate individuals
		  who may have information that may aid in the classification of an
		  inmate.
3. The
		  Classification Committee may assign an inmate to a housing and program
		  assignment in the general population or recommend transfer to another
		  unit.
4. All actions taken by the
		  Classification Committee require a majority vote.
Board of Correction Approval Date: 1/26/90
Attorney General Review Date: 1/26/90
Date Filed Secy, of State: 1/29/90
Supersedes: 837
Dated: 11/29/79