Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.90-014 - Publications

Current through Register Vol. 49, No. 6, June, 2024
864 Publications
I. AUTHORITY:
The Board of Correction is vested with the authority to
			 promulgate this Administrative Regulation by Act 50 of 1968, as amended.
II. PURPOSE:
This Administrative Regulation establishes the process by which
			 the Arkansas Department of Correction determines publications to be received by
			 the inmate population.
III.
		  APPLICABILITY:
To departmental staff and all inmates within the confines of the
			 Department of Correction.
IV. DEFINITIONS:
A.
Publications
:
		  Books, magazines, catalogs, advertising brochures, religious tracts, newspaper
		  or the like.
B.
Commercial Outlet
: Publisher, bookstore, educational
		  or vocational institute and the like.
C.
Charitable
		  Outlet
: A religious group or an incorporated nonprofit
		  organization established to promote literacy or to provide literature for
		  indigent inmates.
V.
		  POLICY:
Inmates may receive publications from recognized commercial,
			 religious or charitable outlets. All publications are subject to inspection,
			 and may be rejected if found to be detrimental to the security, discipline or
			 good order of the institution or if they propose, condone or provide
			 information likely to facilitate criminal activity.
VI. PROCEDURES:
A. The Warden/Center Supervisor shall
		  designate staff to review incoming publications.
B. Publications may be rejected if they are
		  believed to contain, but not limited to the following types of information:
1. Providing instructions for devising
		  weapons or for combat techniques, which would endanger institutional security
		  or safety.
2. Encouraging or
		  describing methods of escape.
3.
		  Providing instructions for production of alcohol or other drugs.
4. Promoting illegal discrimination,
		  violence, verbal or sexual abuse or inflammatory attitudes toward any racial,
		  sexual, age, handicapped or other individuals or group(s).
5. Encouraging or instructing in the
		  commission of criminal activity, or depicting in graphic and provocative
		  fashion illegal actions including illegal sexual behavior.
Publications recommended for rejection will be referred to the
			 Warden/Center Supervisor for final decision. Decisions must be made on the
			 contents of an individual publication, not on the basis of a list of approved
			 publications or previous issues.
C. The Warden must approve or reject the
		  publication within 30 days of receipt. If the publication is rejected the
		  inmate must be notified, in writing, of any decision to reject and the basis
		  for rejection of the publication. The inmate is also notified of appeal
		  procedures and options for disposing of the publication. The inmate must sign
		  that the notice of rejection has been received. Should the inmate refuse to
		  sign, an employee will attest to the fact that the inmate was duly
		  notified.
D. The decision to reject
		  a publication may be appealed to the Publications Review Committee: The
		  Assistant Director of Institutions, the Assistant Director of Field Services,
		  and the Administrator of Chaplaincy Services. Depending upon the origin of the
		  appeal, either of the Assistant Directors may chair the committee. The appeal
		  must be initiated within 10 days of the receipt of notification of the
		  Warden/Center Supervisor's recommendation to reject the publication.
E. Any rejected publication will be held safe
		  by the Warden/Center Supervisor until the appeal process has been completed, or
		  until the 10-day period for filing an appeal has expired.
F. Options for disposing of an unacceptable
		  publication are:
1. Destruction,
2. Return of the publication to the sender at
		  the expense of the inmate unless return postage is guaranteed,
3. Mailing the publication to a third party
		  at the expense of the inmate.
Board of Correction Approval Date: Julv 18. 1990
Attorney General Review Date: 7/18/90
Date Filed Secy. of State: 7/20/90
Supersedes: 864
Dated: 2/24/88