Arkansas Administrative Code › Agency 159 - Department of Community Correction › Rule 159.00.15-001 - Public Release of Offender Information

Current through Register Vol. 49, No. 6, June, 2024
AR 7.4
PUBLIC RELEASE OF OFFENDER
		  INFORMATION
I.
AUTHORITY.
The Board of Corrections is vested with the authority to promulgate this
		  administrative regulation by Arkansas law sections
		  12-27-105,
		  16-93-1203,
		  16-93-1205
		  and
		  12-27-125.
II.
APPLICABILITY.
This applies
		  to Arkansas Community Correction (ACC) employees and medical contractor
		  staff.
III.
POLICY.
Offender information must be protected and must not be released to the public
		  except as permitted in this policy and state and federal laws.
V.
RELEASE OF INFORMATION.
A. Offender information must not be released
		  or disclosed to the public, offenders or their attorneys except as provided by
		  policy and state and federal laws or by court order.
B. Only the following information from an
		  offender record for an offender housed at an ACC facility may be released to
		  the general public:
1. Offender's name,
		  aliases, ACC number, photograph, physical description, date of birth, date of
		  death, age, race, and gender.
2.
		  Dates of confinement.
3.
		  Facility(ies) of confinement, work assignments, and program participation
		  (unless it involves drug and alcohol or mental health program
		  participation).
4. Current
		  offense(s), sentence(s), sentence date(s), county(ies) of conviction, case
		  number(s), total time to serve, parole/transfer eligibility date, movements and
		  behavior.
5. Prior confinement,
		  offense(s), sentence(s), sentence date(s), county(ies) of conviction, case
		  number(s), movements, behavior and parole/clemency history, including date(s)
		  of release and date(s) of return to ACC or ADC.
6. Detainers.
7. Furloughs.
8. Escape history.
C. Only the following information from an
		  offender record for an offender on probation or parole with ACC may be released
		  to the general public:
1. Offender's name,
		  aliases, photograph, physical description, date of birth, date of death, age,
		  race and gender.
2. Dates of
		  supervision.
3. Office of
		  supervision and program completion while under supervision (unless it involves
		  drug and alcohol or mental health program participation).
4. Current Supervision: offense(s),
		  sentence(s), sentence date(s), county(ies) of conviction, case number(s), total
		  time to serve on supervision, revocation history, transfers, adherence to
		  conditions of release and behavior.
5. Prior supervision: offense(s),
		  sentences(s), sentence date(s), county(ies) of conviction, case number(s),
		  transfers, adherence to conditions of release, clemency history, including
		  date(s) or release and date(s) or return to ACC or ADC.
6. Detainers.
7. Furloughs.
8. Escape history.
D. In addition to the information outlined in
		  paragraphs B and C above, ACC is required by Arkansas law to post on its public
		  website the following records of parolees and probationers who have absconded
		  supervision or have an active warrant issued for evading supervision:
1. Any suspended sentences and their terms,
		  if known.
2. A complete summary of
		  felony convictions and sentences to the extent known by ACC.
3. Risk Assessments scores completed after
		  April 1, 2015, including the name of the state agency conducting the
		  assessment, the date conducted and the level of the assessment.
4. Any known aliases of the
		  offender.
5. Most recent
		  photograph.
6. Any in-state or
		  out-of-state orders of protection or no-contact orders known to ACC.
7. All major disciplinary violations and the
		  date of their disposition that occurred while the offender was
		  incarcerated.
8. Any programs
		  completed and their dates while under ACC supervision.
9. A list of previous revocation offenses
		  while on probation or parole and date of revocation.
10. Any court-generated records posted will
		  be electronic copies of the actual court documents. If included in the
		  documents, victim information must be redacted prior to posting on the public
		  website.
The ACC Director must develop a plan to establish a method for a
			 victim of a crime committed by a probationer, parolee or other person under ACC
			 supervision to easily obtain the above information.
E. Information from an offender
		  record in addition to paragraphs B, C and D above may be released to criminal
		  justice agencies and other governmental authorities unless state or federal law
		  prohibits such disclosure.
F.
		  Information contained in offender records in addition to paragraphs B, C and D
		  above may be released to appropriate personnel for research and audit
		  purposes.
G. Information contained
		  in offender records in addition to paragraphs B, C and D above may be released
		  to appropriate personnel involved in the operation of a contracted or licensed
		  correctional facility or program.
H. Access to an offender's own record may be
		  granted, or information from the record may be released to the offender and/or
		  his attorney as needed to resolve legitimate questions about the accuracy of
		  information in the record or as required by rules of discovery in pending
		  litigation. The names of confidential informants and other sensitive or
		  confidential information, the disclosure of which might cause harm to any
		  person, must NOT be disclosed except pursuant to court order.
I. An offender must not be permitted to
		  peruse his/her file at will. The request for access to the file or information
		  contained therein must be made in writing to the Center Supervisor or Area
		  Manager or his/her designee. The offender must state with particularity the
		  information or parts of the file to which access is requested; and the
		  offender's request must be supported by a showing of compelling need. The
		  decision of the Center Supervisor or Area Manager or his/her designee to grant
		  or deny the offender's request is final.
J. An offender must not be given access to
		  another offender's record or any information contained therein.
K. Staff trained in the supervision,
		  management and/or treatment of offenders may provide information pertaining to
		  a particular offender to that offender as part of the offender's supervision,
		  management and/or treatment. For example, the offender's supervision conditions
		  and supervision plan are information commonly provided to the
		  offender.
VI.
REFERENCE.
Arkansas Law section
			 12-27-125(b)
			 and
			 12-27-144.
Board Approval Date: 8/21/2015
Reference: Secretary of State Rule Code 159.
Effective Date: 9/15/2015