Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-078 - AR 804 Inmate Records

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
The ADC shall maintain a full and complete record of every inmate
			 under its supervision and protect the integrity of such records in accordance
			 with Ark. Code Ann. §
							12-27-113(e).
II.
EXPLANATION
:
To protect the integrity of inmate records and to ensure their
			 proper use. It is unlawful to permit inspection of or disclose information
			 contained in the records, or to copy or issue a copy of all or part of any
			 record, except as authorized by administrative rule or court order.
III.
DEFINITIONS
:
Inmate Record (a/k/a Institutional File and Inmate Jacket): A
			 full and complete record in written or electronic form regarding each person
			 committed to the Department of Correction, which shall include, but is not
			 limited to, a photograph of the convicted person, the offense and sentence for
			 any conviction for which the inmate is incarcerated, the inmate's criminal
			 history, medical and mental health information and records, and all other
			 records which identify and relate directly to that inmate. Electronic
			 transmissions and recordings that chronicle the activities and conversations of
			 inmates are part of the Inmate Record.
IV.
PROCEDURES
:
A. Disclosure or inspection of information
		  contained in inmate records is prohibited unless authorized by this
		  Administrative Rule or by court order.
B. Except as authorized by Act 1265 of 2015
		  (Ark. Code Ann. §
								12-27-145
		  ), only the following information from an inmate record may be released to the
		  general public:
1. Offender's name, aliases,
		  ADC number, photograph, physical description, date of birth, age, race, and
		  gender.
2. Date of
		  incarceration.
3. Facility(ies) of
		  confinement, work assignments, and program participation (unless it involves
		  drug and alcohol program participation).
4. The following information regarding
		  current incarceration: 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. The following information regarding prior
		  incarceration(s): 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 ADC.
6. Detainers.
C. Information from an inmate's record in
		  addition to that in paragraph B of this section may be released to criminal
		  justice agencies and to social service and other governmental authorities
		  unless state or federal law prohibits such disclosure.
D. Information contained in inmate records in
		  addition to that in paragraph B of this section may be released to appropriate
		  personnel for research purposes.
E.
		  Information contained in inmate records in addition to that in paragraph B of
		  this section may be viewed by an employee of the Bureau of Legislative Research
		  in accordance with and subject to the limitations of Arkansas Code Annotated
		  §
								12-27-113
		  ( e)(5).
F. Access to an inmate's
		  own record may be granted, or information from the record may be released to
		  the inmate and/or his attorney as needed to resolve legitimate questions about
		  the accuracy of information in the record or as required by the 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 are exempt from disclosure except pursuant to court
		  order.
G. Upon the death of inmate,
		  access to that inmate's medical or mental health information or records may be
		  granted to a person designated by the inmate to have access to such records in
		  accordance with policies and procedures adopted by the Department, or as
		  required by state or federal law.
H. An inmate will not be permitted to peruse
		  his file at will. His/her request for access to the file or information
		  contained therein must be made in writing to the Warden or his/her designee;
		  the inmate must state with particularity the information or parts of the file
		  to which access is requested; and the inmate's request must be supported by a
		  showing of compelling need. The decision of the Warden or his/her designee to
		  grant or deny the inmate's request shall be final.
I. An inmate will not be given access to
		  another inmate's record or any information contained therein.