Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.17-005 - Safety, Security and Sanitation at Residential Centers

Current through Register Vol. 49, No. 6, June, 2024
ACC 4.1
SAFETY, SECURITY AND SANITATION
		  AT RESIDENTIAL CENTERS
I.
AUTHORITY.
The Board of Corrections is vested with the authority
		  to promulgate administration regulations by Arkansas law sections
		  12-27-105,
		  16-93-1203
		  and
		  16-93-1205.
II.
APPLICABILITY.
This
		  regulation applies to Arkansas Community Correction employees and
		  offenders.
III.
POLICY.
Arkansas Community Correction will promote the safety and
		  security of the public, employees and supervised offenders; provide guidance
		  designed to reduce the occurrence of accidents, victimization, injury, illness
		  or loss of life; and deter or minimize loss or damage to public
		  property.
IV.
DEFINITIONS.
A.
Qualified
		  Inspector.
An individual who meets the following criteria as it pertains
		  to the type inspection(s) to be conducted:
1.
		  Is certified by the appropriate State and/or Federal authority, if required,
		  for the determined inspection;
2.
		  Is familiar with applicable Federal, State and municipal codes, regulations and
		  requirements;
3. Is able to use
		  appropriate instruments for measuring and documenting code
		  compliance;
4. Is able to complete
		  checklists and prepare necessary reports; and,
5. Has authority to make corrections when
		  deficiencies are found, or responsibility to report deficiencies to the
		  appropriate authority.
B.
Safety.
Measures taken to
		  promote the physical and mental well-being of the public, employees or
		  offenders and the protection of property.
C.
Security.
Measures intended
		  to prevent sabotage, attack, escape, theft of property, other crimes, or to
		  deter unauthorized access to or disclosure of protected agency
		  information.
V.
GUIDELINES.
A.
Safety and
		  Security Program Objectives.
Arkansas Community Correction will have a
		  safety and security program to meet the following objectives:
1. Promote public safety
2. Ensure employee and offender
		  safety
3. Ensure appropriate
		  security procedures are in place
4.
		  Comply with American Correctional Association standards, federal and State
		  law
5. Ensure residential
		  facilities operated by ACC comply with Prison Rape Elimination Act (PREA)
		  Standards
6. Ensure residential
		  centers operated by ACC comply with The Division of Behavioral Health (DBHS)
		  standards for licensure
7. Comply
		  with applicable national and local fire codes
8. Comply with applicable building and
		  environmental codes and zoning ordinances
9. Deter escape
10. Detect contraband
11. Secure evidence or ensure it is secured
		  by local or State police, and
12.
		  Hold offenders accountable for violations of law.
B.
Safety and Security Guidance.
Written policy, procedure and/or practice will provide for the following:
1. Control of residential center
		  access/egress to prevent contraband, theft and escape
2. Designation of employees subject to recall
		  to duty for emergency response
3.
		  Threat analysis
4. Plans for
		  significant and likely threats based on threat analysis
5. Annual review of plans
6. Training and drills
7. Conducting contraband searches of
		  centers
8. Regular safety/security
		  inspections of centers by qualified inspectors
9. A system to control keys, tools, chemicals
		  and equipment
10. Appropriate
		  safety/security training for employees and offenders
11. Assignment of responsibility for
		  supervisory oversight of safety/security programs and activities
12. Inclusion of appropriate safety and
		  security responsibilities in job descriptions, post orders or performance
		  standards
13. Establishing a means
		  for review of inspection reports and incident/accident reports and assigning
		  responsibility for resolving potential or actual safety/security hazards and/or
		  problems
14. Procedures and
		  guidelines for conducting searches of offenders, employees, interns,
		  volunteers, visitors and contractors at centers
15. Complying with employee chemical right to
		  know requirements
16. A process for
		  ensuring compliance with applicable national codes and local fire
		  codes
17. A process for ensuring
		  compliance with applicable building and environmental codes and zoning
		  ordinances
18. A process to inform
		  all newly hired employees that as a condition of employment they must agree to
		  be subject to a personal search and to have their personal property searched
		  while on State property, and,
19.
		  Establishing a system for preservation, control and disposition of physical
		  evidence.
C.
Searches in General of Property on ACC Owned or Leased Property.
Any personal or State property, including vehicles, is subject to search when
		  on ACC owned or leased residential center property.
D.
Searches of Persons.
Any
		  person on residential center owned or leased property is subject to search.
1.
Pat Searches by
		  Employees
. When authorized employees conduct pat searches they may
		  include a visual inspection of the mouth, nose or ears and may ask people to
		  remove outer garments such as coats, jackets and shoes before conducting the
		  pat search. Such outer garments, toolboxes, briefcases or other containers may
		  also be searched.
2.
Searching Visitors. Contractors and Volunteers
.
		  Arkansas Community Correction may establish rules for pat searching visitors,
		  contractors and volunteers.
3.
Strip Searches of Residents
. Residents may be strip
		  searched when there is suspicion or upon entering or prior to departure from a
		  secure area of a center. Strip search of an offender must be done by an
		  employee of the same gender and should be observed by another staff member of
		  the same gender when such person is readily available. Strip searches must NOT
		  be conducted by or observed by a person of the opposite gender except when
		  performed/observed by medical practitioners or when the same-gender requirement
		  is waived during an exigent situation. An exigent situation is an urgent
		  situation requiring immediate action. The search should be conducted in a
		  location and manner that protects the resident's privacy and, to the extent
		  possible, keeps the search and results confidential. These restrictions may be
		  waived during an emergency such as an escape or riot. All cross-gender strip
		  searches of residents must be documented.
4.
Body Cavity Search of
		  Residents
. Residents may be required to undergo a body cavity
		  search conducted by a nurse, nurse practitioner, physician assistant or
		  physician when there is reasonable suspicion and with the approval of the
		  Center Supervisor or higher authority. The mouth, ears and nose should also be
		  examined as part of the body cavity search. An ACC employee of the same gender
		  must be present to witness the search and collect any contraband or evidence.
		  The search must be conducted in a location and manner that protects the
		  offender's resident's privacy and, to the extent possible, keeps the search and
		  results confidential.
5.
Pat Searches of Employees
. Arkansas Community
		  Correction must develop procedures for pat searches of employees.
6.
Strip Searches of Employees at
		  a Residential Center
. Employees at a residential center may be
		  strip searched with the approval of the Deputy Director of Residential Services
		  or higher authority when there is reasonable suspicion. Strip search of an
		  employee must be done by an employee of the same gender and must be observed by
		  a second employee of the same gender. The search should be conducted in a
		  location and manner that protects the employee's privacy and to the extent
		  possible, keeps the search and results confidential.
E.
Sanitation and Food Service
		  Safety.
A means will be established for ensuring sanitation and food
		  service safety at centers. The sanitation and food service safety program must
		  ensure compliance with Health Department and American Correctional Association
		  standards.
VI.
REFERENCE.
The Public Employees' Chemical Right to Know Act,
		  (Arkansas law beginning at section
		  8-7-1001 ).
Board Approval Date: 9/22/2017
Reference: Sec. of State 159
Effective Date:
			 12/15/2017