Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-087 - AR 837 Protective Custody

Current through Register Vol. 49, No. 6, June, 2024
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 designee 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.
III.
PROCEDURES
:
Inmate temporarily assigned to Protective Custody will have
			 his/her status reviewed by the Classification Committee after seven days. If
			 the temporary stay in Protective Custody is more than seven days, his/her
			 status will be reviewed in accordance with American Accreditation Standards (AC
			 A) 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 Institutional /Electronic 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.