reglab/statecodes huggingface dataset:
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.09-001 - AR 113: Farm Produced Commodities, AR 837: Protective Custody

Current through Register Vol. 49, No. 6, June, 2024
113
Farm
		  Produced Commodities
I.
AUTHORITY:
The authority to promulgate the administrative regulation is
			 vested in Act 50 of 1968, First
Extraordinary Session, as amended; Act 482 of 1979, Regular
			 Session, as amended.
II.
PURPOSE:
To establish policy and describe the procedures concerning the
			 sale of farm produced commodities in a consistent and timely manner.
III.
APPLICABILITY:
To the Board of Corrections, Director, Deputy Director of
			 Operations, Purchasing Manager, and employees involved in the process of farm
			 commodity sales.
IV.
DEFINITIONS:
A.
Commodity
- a
		  transportable article of trade or commerce produced by the agriculture
		  program.
V.
POLICY:
It shall be the policy of the Department of Correction to seek
			 the best available markets for the sale of farm produced commodities.
VI.
PROCEDURE:
All Farm produced commodities and livestock are sold upon the
			 recommendation of the Director, the Deputy Director of Operation or their
			 designee (Farm Administraor) or the Farm Marketing Expert. All sales require
			 notification of the designated Board Member and other individuals as required
			 by Arkansas State procurement law.
A.
		  An Administrative Directive will be issued to provide guidelines for sales
		  categories and procedures.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.09-002 - AR 008: Repeal of Judicial Decisions, Affidavits and Lawsuits

Current through Register Vol. 49, No. 6, June, 2024
008 Judicial
		  Decisions, Affidavits and Lawsuits
I.
POLICY OF DEPARTMENT
:
To establish uniform procedures for handling legal matters
			 affecting the Department.
II.
EXPLANATION
:
A. Judicial Decisions
Copies of judicial decisions which may affect any administrative
			 procedure and which are received by any Administrator on behalf of any
			 employee, inmate, or parolee must be forwarded immediately to the Department's
			 Legal Counsel who will disseminate copies of the decisions.
B. Affidavits
Employees of the Department are required to file affidavits with
			 reference to any work related suit filed against them and/or the Department of
			 which they have personal knowledge. Copies of said affidavit are to be
			 immediately forwarded to the Director's Office and the Office of the Attorney
			 General.
C. Lawsuits
Whenever a lawsuit filed against the Department or any division
			 thereof is served, copies of same are to be sent immediately to the Director's
			 Office and the Department's Legal counsel and the Attorney General. The Chief
			 Administrative Officer of the institution named in the lawsuit is to direct a
			 memorandum to the Attorney General requesting representation of the defendants
			 in the lawsuit.
Board Approval Date: 11/29/79
Date Filed Secretary of State 2/1/80
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.12-002 - AR 831 Disciplinary Rules and Regulations

Current through Register Vol. 49, No. 6, June, 2024
831 Disciplinary Rules and Regulations
I.
POLICY
:
To ensure the orderly functioning of institutions and the safety
			 of inmates and staff through the establishment and enforcement of rules
			 governing inmate conduct.
II.
GUIDELINES
:
A.
		  Rules are established and approved by the Director of the Arkansas Department
		  of Correction subject to review by the Board of Corrections.
B. Rules and procedures are published to all
		  staff and inmates through an
Inmate Discipline Manual
located
		  in the law library, or otherwise available, in each facility. Rules are also
		  made available to each inmate and staff member through the
Inmate
		  Handbook
.
C. Every member
		  of staff; employees of the Arkansas Department of Correction School District
		  and Riverside Vo-Tech; and authorized agents of the Arkansas Department of
		  Correction, such as staff of the medical services contractor, contract mental
		  health and substance abuse staff, are vested with the authority and
		  responsibility to see that the rules are followed.
D. Procedures are established in the
Inmate Discipline Manual
for notification of an alleged
		  infraction and for fair and impartial determination as to fact and
		  responsibility in a venue in which the charged inmate has the opportunity to
		  present evidence, including witness statements. Should there be a demonstrable
		  need, a counsel substitute and/or interpreter may be provided to ensure that
		  the inmate fully understands the procedures.
E. All steps in the procedures are to be
		  carried out in a timely fashion as specified in the
Inmate Discipline
		  Manual
.
F. Ranges of
		  penalties associated with findings of guilt, and interventions such as referral
		  for treatment, are stated in association with each rule in the
Inmate
		  Discipline Manual
. Generally, the severity of the penalty is
		  correlated with the seriousness of the conduct and the frequency of repetition
		  of rule infractions.
G. All steps
		  in the disciplinary process are to be properly documented. Hearings will be
		  audio , or video recorded and records of disciplinary actions will be
		  maintained in accordance with the Department's records retention
		  schedule.
H. An appeal process, as
		  specified in the
Inmate Discipline Manual
, will allow the
		  inmate to seek to correct errors in procedure or in findings of fact.
I. The Administrator of Disciplinary Hearings
		  is charged with the responsibility of training Disciplinary Hearing Officers
		  and with monitoring adherence to procedure.
III.
STANDARDS
:
American Correctional Association; Standards for Adult
			 Correctional Institutions, Fourth Edition
Board Approval Date: 09/24/2012
Effective Date: 10/04/2012
Supersedes: 831
Dated: 5/17/90
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.14-006 - AR 211 Physical Attacks on State Employees

Current through Register Vol. 49, No. 6, June, 2024
211
Physical Attacks on State
		  Employees
I.
POLICY
		  OF DEPARTMENT
:
To treat as criminal acts all physical assaults by inmates on
			 State employees, volunteers or visitors. Such acts are subject to prosecution
			 by the Prosecuting Attorney of the county where the institution or facility is
			 located.
II.
EXPLANATION
:
A. It shall be the responsibility of each
		  employee to make a written report, to his/her supervisor, concerning incidents
		  of the above nature. Furthermore, other employees who witness such assaults
		  will be expected to document such information to the
		  Warden/Administrator.
B. It is the
		  right and duty of an employee to protect self and others in the event of an
		  attack.
C. The Warden/Administrator
		  will report such incidents to the appropriate Deputy/Assistant Director and
		  Internal Affairs Administrator, who in turn will coordinate prosecution with
		  the Prosecuting Attorney's office.
Board Approval Date: 12/04/2014
Effective Date: 12/15/2014
Dated: 11/30/79
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.14-008 - AR 888 Boot Camp Program

Current through Register Vol. 49, No. 6, June, 2024
888
Boot Camp Program
I.
AUTHORITY
:
The authority of the Board of Correction to promulgate this
			 Administrative Regulation is confirmed in Act 50 of 1968 as amended and Act 492
			 of 1989.
II.
PURPOSE
:
To establish policy concerning the operation of a Boot Camp
			 Program.
III.
APPLICABILITY
:
To eligible inmates and department staff.
IV.
POLICY
:
It shall be the policy of the Department of Correction to allow
			 selected inmates to voluntarily participate in a program of intensive behavior
			 modification in an arduous, physically demanding, military-like environment,
			 otherwise known as a "boot camp." The Boot Camp Program is an intensified
			 correctional program to deter repetition of criminal behavior and illegal drug
			 use reducing the need for long-term incarceration. Upon successful completion
			 of the program, as described in the Boot Camp Program Manual, the inmate will
			 be administratively transferred to Arkansas Community Correction
			 Supervision.
V.
PROCEDURES
:
The risk assessment profile used for Boot Camp excludes inmates
			 that have been convicted of crimes that by their nature or definition involve
			 violence, threat of violence, potential threat of violence or disregard the
			 safety of others. Specifics regarding eligibility, duration and characteristics
			 of the program shall be in the "Boot Camp Eligibility" Administrative
			 Directive.
A. Eligibility
The inmate must:
1. not
		  have previously participated in any adult Boot Camp Program;
2. be serving a sentence of fifteen (15)
		  years or less;
3. be eligible for
		  minimum-security status; and
4.
		  volunteer for the Boot Camp Program and agree to abide by all rules and
		  regulations established by the Department; and
B. Non-Eligibility
An inmate is not eligible to participate in the Boot Camp Program
			 if:
1. s/he represents an unacceptable
		  threat to the public;
2. s/he has
		  an active felony detainer filed against them;
3. s/he has committed an offense that
		  requires by statute or a court to register as a sex offender or has committed
		  an offense involving violence, weapons, or injury;
4. s/he cannot be reasonably accommodated due
		  to an unmanageable medical or mental health issue; or
5. s/he ha been identified by the screening
		  process as disruptive.
Board Approval Date: 12/04/2014
Effective Date: 12/15/2014
Supersedes: AR 888
Dated: 06/24/2014
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.15-007 - Electronic Monitoring After 120 Days Served

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY.
The Board of
		  Corrections is vested with the authority to promulgate this administrative
		  regulation by Ark. Code Ann. §§
							12-27-105,
		  16-93-1203
		  and
		  16-93-1205.
II.
POLICY.
The Department of
		  Correction (ADC) will have an appropriate process and/or procedures for
		  identifying and certifying to the Parole Board eligible ADC inmates to be
		  considered for release to electronic monitoring (EM) after serving 120 days of
		  a sentence.
III.
APPLICABILITY.
This policy applies to ADC and ACC employees and
		  ADC inmates.
IV.
GUIDELINES.
A.
Eligibility
		  Criteria.
Community Correction Center residents are not eligible for
		  EM-120 release. An inmate serving a sentence in the ADC may be approved for
		  EM-120 release if the
1. offense for which
		  the offender is incarcerated was committed on or after March 2, 2015
2. sentence was not the result of a jury or
		  bench verdict
3. inmate has served
		  one hundred twenty (120) days of his/her sentence
4. inmate has an approved parole
		  plan
5. inmate does not have a
		  prior felony conviction for a sex offense or for a felony offense that involved
		  the use or threat of violence or bodily harm
6. inmate was sentenced from a cell in the
		  sentencing guidelines with:
a. an
		  incarceration range of 36 months or less, or
b. a presumptive sentence of
		  probation
7. conviction
		  is for a Class C or D felony
8.
		  conviction is not for a crime of violence, regardless of felony level
9. conviction is not for a sex offense,
		  including failure to register as a sex offender under §
									12-12-906,
		  regardless of felony level
10.
		  conviction is not for manufacturing methamphetamine, §
									5-64-423(a)
		  or the former §
									5-64-401
11. conviction is not for possession of drug
		  paraphernalia with the purpose to manufacture methamphetamine, §
									5-64-443, if
		  the conviction is a Class C felony or higher
12. conviction is not for a crime involving
		  the use or threat of violence or bodily harm
13. conviction is not for a crime that
		  resulted in a death
14. inmate has
		  not previously failed a drug court program
15. inmate has not been transferred from
		  Arkansas Community Correction (ACC) to ADC as a result of disciplinary action,
		  and,
16. inmate does not have an
		  active detainer.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.17-001 - AR834 Procedure for Handling Disciplinary Infraction of Mentally Disordered Inmates

Current through Register Vol. 49, No. 6, June, 2024
834
		  Procedure for Handling Disciplinary Infraction of Mentally Disordered Inmates
I.
AUTHORITY
:
The authority of the Board of Corrections to promulgate this
			 Administrative Regulation is A.C.A.
			 12-27-105.
II.
PURPOSE
:
To ensure that policies and procedures for management of inmate
			 behavior adequately take into account serious mental illness. Also to ensure
			 that appropriate treatment interventions are considered and made accessible to
			 reduce the likelihood of future misbehavior. And these treatment interventions
			 are consistent with treatment goals so as not to cause regression or
			 deterioration of the inmate's mental condition.
III.
APPLICABILITY
:
To all inmates identified as having a history of serious mental
			 illness, or suspected at any point to be developing serious mental illness. To
			 all staff involved in the disciplinary process, supervising inmates in
			 segregated areas, or involved in health and correctional programs.
IV.
DEFINITIONS
:
A.
Evaluation:
A mental health
		  evaluation performed under the supervision of a licensed practitioner, and
		  which includes, at a minimum, direct contact with the inmate.
B.
Recommendations
: Statements
		  made and signed by a licensed clinician may include, but are not limited to,
		  the following: a strategy for preventing future repetitions of the misbehavior
		  while maintaining the mental health of the inmate; suggestions for placement of
		  the inmate; and treatment plan considerations for the inmate.
C.
Serious Mental Illness
: This
		  is defined as symptoms of a diagnosable mental disorder that impairs an
		  individual's functioning and disrupts the capacity to cope with the ordinary
		  demands of life.
V.
POLICY
:
It is the policy of the Arkansas Department of Correction and a
			 goal of the correctional process to teach self-control and personal
			 responsibility for behavior to all inmates in its custody. It is recognized
			 that inmate behavior may be influenced by
serious mental illness
,
			 and that such influences must be taken into account in pursuing the goals set
			 out in this policy.
VI.
PROCEDURES
:
A. At intake an
evaluation
will
		  be done on all inmates entering the Arkansas Department of Correction and a
		  mental health classification will be assigned as recommended by licensed mental
		  health staff, and documented in the appropriate records.
B. This classification will be reviewed and
		  updated during the inmate's incarceration.
C. Inmates who are identified as
seriously mentally ill
shall, at the time disciplinary charges are
		  filed, be referred for an
evaluation
. At any point during the
		  disciplinary process, an inmate suspected of being mentally ill can be referred
		  for an
evaluation
.
Board Approval Date: 5/11/2018
Reference: N/A
Effective Date: 5-21-2018
Supersedes: AR-834
Dated: 5-11-2018
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.18-001 - AR 201 Uniform Personnel

Current through Register Vol. 49, No. 6, June, 2024
201
Grooming and Attire Standards for Security and Non-Security
		  Employees
I.
AUTHORITY
:
The Board of Corrections is vested with the authority to
			 promulgate this administrative regulation by Ark. Code Ann. §
									12-27-105
II.
APPLICABILITY
:
All employees of the Arkansas Department of Correction.
II.
POLICY
:
A. The
		  Department shall establish and maintain standards for employees' grooming and
		  attire to reflect an appearance commensurate with that employee's position in a
		  professional correctional organization. These standards shall ensure that
		  employees present a neat, clean, professional appearance while on duty; and
		  establish procedures for issuance and maintenance of uniforms.
B. The uniforms issued to security employees
		  shall be worn only while on duty and to and from work. Exceptions can be made
		  by the Director for employees serving on a special assignment or while
		  attending a pre-approved public or non-agency event.
C. The Director has the authority to
		  determine the grooming and attire standards for non-security employees, to
		  include which non-security employees will wear a uniform while on
		  duty.
D. The Director shall issue
		  the necessary directive(s) to implement this policy
Board Approval Date: 5/11/2018
Reference: N/A
Effective Date:5/21/2018
Supersedes: AR 201
Dated: 5/11/2018
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-001 - Use of Restraints

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The authority of the Board of Correction and Community Punishment
			 to promulgate this Administrative Rule is vested in Act 50 of 1968, First
			 Extraordinary Session, as amended; Acts 548 and 549 of 1993 (Ark. Code Ann. ss
			 16-93-1203
			 and
			 12-27-105
			 of 1993).
II.
PURPOSE
:
To provide department personnel or contracted staff guidance
			 regarding the use of restraints.
III.
APPLICABILITY
:
Wardens/center supervisors; chief administrative officers;
			 security personnel; any staff required to restrain offenders in the performance
			 of their duties; and offenders.
IV.
DEFINITIONS
:
A.
Restraints
:
		  Security equipment used to prevent escape, assault, or the commission of some
		  other offense by violent or disruptive offenders; and to protect employees,
		  offenders, and other individuals.
B.
Offenders
:
		  Persons sentenced to the Department of Correction or persons sentenced to the
		  Department of Correction for judicial transfer to the Department of Community
		  Punishment and persons confined within a community punishment center as a
		  condition of probation, suspended imposition of sentence or post prison
		  transfer or, if appropriate, under the supervision of the Department of
		  Community Punishment.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-002 - Transporting/Escorting Offenders

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The authority of the Board of Correction and Community Punishment
			 to promulgate this Administrative Regulation is confirmed in Act 50 of 1968,
			 First Extraordinary Session, as amended; Act 548 and 549 of 1993 (Ark. Code
			 Ann. ss
			 16-93-1203
			 and
			 12-27-105
			 of 1993).
II.
PURPOSE
:
To describe policies and procedures used by the Department of
			 Correction/Community Punishment when supervising offenders who require escorted
			 transportation outside the units/centers.
III.
APPLICABILITY
:
Wardens/center supervisors; security personnel; any employees
			 required to restrain, escort, and/or transport offenders in the performance of
			 their duties; and offenders.
IV.
DEFINITIONS
:
A.
Employees
:
		  Persons hired by the Department of Correction/Community Punishment or
		  contracted for services.
B.
Offenders
: Persons sentenced to the Department of
		  Correction or persons sentenced to the Department of Correction for judicial
		  transfer to the Department of Community Punishment and persons confined within
		  a community punishment center as a condition of probation, suspended imposition
		  of sentence or post prison transfer, or, if appropriate, under the supervision
		  of the Department of Community Punishment.
C.
Restraints
:
		  Security equipment used to prevent escape, assault, or the commission of some
		  other offense by violent or disruptive offender(s); and to protect employees,
		  offenders, and other individuals.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-003 - AR 407 Safety and Sanitation

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate Administrative Rules by Act 50 of 1968,
			 Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session
			 (Ark. Code Ann. Ss
			 16-93-1203
			 and
			 12-27-105
			 of 1993).
II.
PURPOSE
:
To provide the Department with a procedure for safety and
			 sanitation.
III.
APPLICABILITY
:
To all employees and offenders responsible for maintaining safety
			 and sanitation procedures at the facility.
IV.
POLICY
:
To ensure that safety and sanitation programs are well planned,
			 aggressively pursued and continually supervised.
V.
PROCEDURES
:
Promoting facility safety and sanitation is the responsibility of
			 every offender and employee.
A. The
		  Assistant Warden/Assistant Center Supervisor or equivalent assigned designee in
		  charge of Operations at each facility will be designated as the Safety and
		  Sanitation Officer. He/She is responsible for the planning, implementing and
		  supervising specific safety and sanitation policies and procedures. Safety and
		  Sanitation officer will:
1. Develop specific
		  safety and sanitation plans for each area of the facility. Specific procedures
		  will be developed for each area of the facility, with recommendations made by
		  supervisors and department heads of the work areas within the
		  facility.
2. Ensure that post
		  orders and job descriptions for area and line supervisors include their
		  responsibility for compliance with safety and sanitation policies developed for
		  their duty area.
3. Develop formal
		  inspection reports for area and line supervisors to submit to the Safety and
		  Sanitation Officer on their area's compliance with safety and sanitation
		  policies and procedures.
4. Inspect
		  all areas of the facility, on a non-scheduled, rotating basis at least monthly.
		  Written reports on his/her findings, including suggestions for safety and
		  sanitation policy changes or equipment requirements will be submitted to the
		  Unit Warden/Center Supervisor.
5.
		  Provide training and guidance to area supervisors and individuals in
		  implementation of safety and sanitation policies and procedures, inspections
		  and use of safety equipment.
6.
		  Ensure that adequate heat and ventilation suitable to the season are
		  provided.
7. Provide a program
		  using departmental and/or outside sources for pest and rodent
		  control.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-004 - AR 409 Use of Force

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment (BCCP) is vested
			 with the authority to promulgate this administrative rule by Ark. Code Ann. ss
			 12-27-105.
			 (Michie Supp. 1995)
II.
PURPOSE
:
To provide personnel with guidance regarding the use of
			 force.
III.
APPLICABILITY
:
Department of Correction employees and inmates.
IV.
DEFINITIONS
:
A.
Force
: A directed
		  movement or overt action with or without weapons or devices, with the intention
		  of restraining, regaining, or maintaining control of an inmate or
		  inmates.
B.
Non-Deadly
		  Force
: Force that, under normal circumstances, will not result in
		  death or serious bodily injury.
C.
Deadly Force
: Any force that under the circumstances
		  is readily capable of causing death or serious physical injury.
D.
Inmate
: Any
		  individual in the custody of the Department of Correction.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-005 - Use of Chemical Agents and Other Non-Lethal Weapons

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
It shall be the policy of the Department of Correction to ensure
			 that the use of chemical agents and other non-lethal weapons against an inmate
			 be undertaken with a minimum amount of force. Only when the inmate threatens
			 bodily harm to himself/herself, other inmates, or individuals, will not produce
			 an item(s), or will not relocate, may chemical agents or other non-lethal
			 weapons issued by the Department be employed.
II.
EXPLANATION
:
A. Definitions
1. Chemical agents will include different
		  types of tear gas, pepper fogger, smoke screen mace, and other chemicals
		  approved for use by the Director.
2. Other non-lethal weapons will include
		  batons, stun type devices and other non-lethal weapons approved for use by the
		  Director.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-006 - AR 411 Use of Audio-Visual Equipment

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
It shall be the policy of the Department of Correction Units to
			 make use of audio-visual equipment, when possible, to ensure that only
			 necessary use of force is employed to control/manage inmates while in custody
			 of the Department of Correction. The equipment will be used to ensure
			 documentation of events is accurately recorded.
II.
EXPLANATION
:
A. The use of force by employees against
		  inmates of the Arkansas Department of Correction is authorized by Arkansas
		  Statutes Annotated, Section 46 -108, and in accordance with Administrative Rule
		  409, Use of Force.
B. Whenever the
		  situation permits, this equipment will be used by trained personnel to record
		  all instances where there is a planned action where it is probable that force
		  will be necessary.
C. In instances
		  of spontaneous use of force, if at all possible such equipment should be
		  activated if the incident persists.
D. The Warden of each Unit will maintain the
		  portable audio-video recorders and will ensure that personnel are trained to
		  operate the equipment and ensure that trained personnel are available
		  twenty-four (24) hours a day for taping incidents.
E. The Warden of each Unit is responsible for
		  the establishment of procedures for the use of this equipment.
F. Cassettes with video-recorded use of force
		  incidents will be tagged for identification purposes and forwarded by the
		  Warden to the Assistant Director of Institutional Services, along with the
		  corresponding use of force report and other documentation as described in AR's
		  005 and 409.
G. After the Assistant
		  Director has reviewed each case to include videotape recordings, all materials
		  will be forwarded to the Internal Affairs Division for review. The Compliance
		  Administrator, after making contact with the Director, may review the
		  recordings. Internal Affairs will follow its review with an investigation if
		  the need for such a procedure is determined by the Warden, Assistant Director,
		  or Director.
H. The specific filing
		  procedure and maintaining of these video recordings will be the responsibility
		  of the Internal Affairs Division.
I. The erasure of or any viewing other than
		  those identified previously of any filed videotapes containing use of force
		  incidents shall be performed only under the written authorization of the
		  Director.
Board Approval Date: 12/15/2010
Effective Date: 12/25/2010
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-007 - AR 412 Use of Canine Teams in Aggression and Protection Rules

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
It shall be the policy of the Department of Correction to allow
			 the utilization of canine teams (excluding tracking dogs) as an element of
			 force applied to control situations where no alternative method would be as
			 effective. This program will provide Unit Wardens/Center Supervisors with an
			 effective supplemental security measure for use in specific situations within
			 the confines of the Arkansas Department of Correction's
			 authority/control.
II.
EXPLANATION
:
The Department uses several types of specially trained dogs
			 throughout the units. The aggression and protection dogs are trained to work
			 with the handler to function as a team and may be used to either supplement
			 regular security personnel and equipment or to provide an alternative to less
			 effective methods. The term "dog handler" is identified as a trained employee
			 of ADC.
A.
Uses of Canine
		  Teams in Aggression and Protection Roles
There are several uses for dogs in aggression and protection
			 roles. These fall into four general areas:
1. Patrol or Escort;
2. On-Leash Passive Aggression;
3. On-Leash Active Aggression; and
4. Off-Leash Active Aggression.
The first two areas are primarily used as defensive measures or
			 to provide a show of force in certain situations and the latter two areas are
			 those in which the dogs are used as applied force.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-008 - AR 413 Prison Rape Elimination Act (P.R.E.A)

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY:
It is the policy of the Arkansas Department of Correction that
			 "zero tolerance" exists regarding the rape or sexual abuse of inmates, by staff
			 or other inmates.
II.
EXPLANATION:
It has been a policy and goal of the Arkansas Department of
			 Correction (ADC) to provide a safe and secure environment to protect the State
			 of Arkansas, our employees and the inmates committed to our care and custody.
			 The passage by the United States Congress, in 2003, of the Prison Rape
			 Elimination Act (PREA), reinforces previous policies and goals of the
			 ADC.
III.
PROCEDURES:
The ADC will annually review policies associated with rape or
			 sexual abuse of inmates. The ADC will revise and/or adopt new
			 policies/procedures, to address the elimination of rape and sexual assault of
			 inmates in our care and custody, as those needs are identified. Areas that
			 shall be addressed as appropriate to eliminate rape and sexual assaults may
			 include, but are not limited to:
A.
		  Staff Training/Education
B. Inmate
		  Education
C. Victim
		  Support
D. Investigation
		  Procedures/Training
E.
		  Identification/Classification/Housing and Tracking of sexually aggressive
		  inmates
F. Data
		  Collection
G. Reporting Mechanism
		  and Confidentially issues
H.
		  Prosecution of perpetrators
I.
		  Sanctions
J. Facility reviews and
		  design
K. Prevention
L. Continuity of counseling/referral upon
		  release
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-009 - AR 209 Part-Time Employment

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
It is the policy of the Department to allow employees to engage
			 in part-time employment, providing it does not hamper their ability to fully
			 and satisfactorily perform any assigned departmental duties.
II.
EXPLANATION
:
A. Employees may accept additional part-time
		  employment only after:
1. advising their Unit
		  Warden/Center Supervisor/Administrator in writing of the type of part-time
		  employment being considered and of the hours of such part-time employment;
		  and
2. receiving the written
		  approval of the Unit Warden/Center Supervisor/ Administrator.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-010 - AR 210 Relationships and Transactions with Inmates

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY OF THE
		  DEPARTMENT
:
Department of Correction employees shall maintain a courteous and
			 professional demeanor in their association with inmates, parolees and
			 probationers at all times, and shall adhere strictly tot he Department's rules
			 concerning the relationship to be observed by personnel toward inmates,
			 parolees and probationers, their families, friends, and ex-inmates.
II.
EXPLANATION
:
1. Association with inmates, parolees and
		  probationers, their families and friends -
a.
		  Personnel shall not trade or barter, transmit messages, or become unduly
		  familiar in any manner with inmates, parolees, and probationers.
b. Personnel shall in no way contact or
		  correspond with any member of an inmate's, parolee's, or probationer's family
		  or with any person on an inmate's approved visiting or correspondence list,
		  unless their assigned duties require it, or permission has been granted by
		  his/her director or administrator.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-011 - AR 211 Physical Attacks on State Employee

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY OF THE
		  DEPARTMENT
:
To treat as criminal acts all physical assaults by inmates on
			 State employees, volunteers or visitors. Such acts are subject to prosecution
			 by the Prosecuting Attorney of the county where the institution or facility is
			 located.
II.
EXPLANATION
:
A. It shall be the responsibility of each
		  employee to make a written report, to his/her supervisor, concerning incidents
		  of the above nature. Furthermore, other employees who witness such assaults
		  will be expected to document such information to the
		  Warden/Administrator.
B. It is the
		  right and duty of an employee to protect self and others in the event of an
		  attack.
C. The Warden/Administrator
		  will report such incidents to the appropriate Deputy/Assistant Director and
		  Internal Affairs Administrator, who in turn will coordinate prosecution with
		  the Prosecuting Attorney's office.
Board Approval Date: 12/04/2014
Effective Date: 12/15/2014
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-012 - AR 212 Searches of Employees and Permission to Search Employee's Living Quarters on State Property

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate Administrative Rules by Act 50 of 1968,
			 Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session
			 (Ark. Code Ann. §
							16-93-1203
			 and
			 12-27-105
			 of 1993).
II.
PURPOSE
:
To describe the search procedures.
III.
APPLICABILITY
:
To all employees.
IV.
POLICY
:
To ensure the security of a correctional facility, a search of
			 any of its employees or living quarters on state property, if applicable, may
			 be conducted at any time.
V.
PROCEDURES
:
A. Employees must be advised in writing by
		  the Warden/Center Supervisor/Administrator that searches of them or their
		  living quarters on state property, if applicable, are a condition of coming
		  onto or leaving the grounds of a facility to work. A complete report of such
		  searches shall be made to the Warden/Center Supervisor/Administrator.
B. If an employee refuses to cooperate in
		  such a search, the Warden/Center Supervisor/Administrator is to be notified
		  immediately. He, in turn, will render a decision as to whether or not the
		  employee refusing to be searched is to be relieved of duty, pending disposition
		  of the matter.
C. All facilities
		  shall have the standard Waiver and Consent Form - a copy of which is attached
		  signed by all employees as a condition of their employment. Completed forms
		  will be retained in the employee's facility personnel folder.
Click
			 here to view image
Board Approval Date: 2/17/94
Effective Date:
3/10/94
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-013 - AR 213 Hunting and Fishing Privileges

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY OF
		  DEPARTMENT
:
It shall be the policy of the Arkansas Department of Correction
			 that all hunting and fishing on Department property will be restricted to
			 employees of the Department and their immediate families.
II.
EXPLANATION
:
1. For the purpose of this rule, the
		  employee's immediate family will be defined as parents, grandparents, children,
		  spouse, brother, sister, in-laws or any individual acting as a parent or
		  guardian of the employee.
2. All
		  hunting and fishing privileges will be under the authority of respective
		  wardens and will be regulated based on security needs of the unit.
3. Wardens are authorized to withdraw hunting
		  and/or fishing privileges of any employee for violation of security procedures
		  and/or abuse of privileges.
4.
		  Wardens may authorize fishing passes for inmates.
Exceptions to the policy may be authorized only by the
			 Director.
Board Approval Date: 8/30/80
Effective Date:
8/27/80
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-014 - AR 216 Accepting Gifts, Grants and Donations for the Department of Correction

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
It shall be the policy of the Department of Correction to accept
			 under general purpose and restricted use gifts, grants or donations that will
			 benefit the Department in a positive manner.
II.
EXPLANATION
:
A. Definitions:
1. General purpose gifts, grants and
		  donations shall be any gifts, grants or donations that are given to the
		  Department of Correction to be used at the Department's discretion.
2. Restricted use gifts, grants or donations
		  shall be any gift, grant, or donation that has restrictions placed on its use
		  by the donor.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-015 - AR 224 Tobacco

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment (Board) is
			 vested with the authority to promulgate administrative rules by Ark. Code Ann.
			 §
							12-27-105,
			 16-93-1203
			 and
			 16-93-1205
			 (Michie Supp. 1997).
II.
APPLICABILITY
:
All Arkansas Department of Correction and Department of Community
			 Punishment (Departments) offenders, employees, contract staff, volunteers,
			 vendors, visitors, and other persons on Department owned or leased
			 property.
III.
POLICY
:
Effective January 17, 2000, it is the policy of the BCCP that
			 Departments shall provide a tobacco-free environment for the health and safety
			 of all staff and offenders. The departments shall develop administrative
			 directives to implement this policy.
IV.
DEFINITIONS
:
A.
Tobacco Products
- Any smoking
		  or smokeless tobacco product.
B.
Offenders
- Inmates and residents incarcerated or confined in
		  Department correctional facilities and jails.
Board Approval Date: 8/19/99
Effective Date:
1/17/2000
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-016 - AR 225 Employee Conduct Standards

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate this Administrative Rule by Ark. Code Ann. §
							12-27-105.
II.
APPLICABILITY:
This rule applies to all employees of the Arkansas Department of
			 Correction.
III.
POLICY:
It is the policy of the Department of Correction to ensure that
			 all employee discipline be administered in a consistent, objective and
			 good-faith manner. Nothing in the policies, guidelines and/or procedures
			 associated with this or related policies limits the Director's authority to
			 establish or revise human resource policies. The policies, guidelines and/or
			 procedures associated with this policy are adopted to guide the internal
			 operations of the Department and do not create any legally enforceable interest
			 or limit the Director or his designee's authority to terminate any employee at
			 will.
IV.
PROCEDURES:
An Administrative Directive by the Department of Correction will
			 set forth conduct standards and provide guidelines for discipline. Violations
			 of the conduct standards may result in disciplinary action including
			 termination of employment. The conduct standards cannot be all inclusive, but
			 will identify the more common acts that constitute unacceptable conduct.
In those situations where an employee's actions adversely affect
			 security and the good order of departmental operations, progressive
			 disciplinary actions are not required.
Progressive discipline shall not apply to employees during their
			 initial probation.
Each employee will be provided a copy of the Administrative
			 Directive on Employee Conduct Standards and notified of any subsequent changes
			 or revisions.
V.
STANDARDS:
American Correctional Association - Standards for Administration
			 of Correctional Agencies, 2nd edition, 2 - CO - 1C - 04.
American Correctional Association - Standards for Correctional
			 Institutions, 3rd edition, 3 -4067.
Board Approval Date: 6/23/00
Effective Date:
7/1/2000
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-017 - AR 226 Sexual Harrassment

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
42
			 U.S.C. Section 2000e et seq.;
			 29 CFR 1604.11;
			 and Ark. Code Ann. Section §
							16-123-105(1).
II.
POLICY
:
It is the policy of this Agency to provide an environment where
			 employees can work together comfortably and productively, free from sexual
			 harassment. Sexual harassment is prohibited by state and federal law and will
			 not be tolerated.
This policy applies to all phases of employment, including
			 testing, training, hiring, promotion, demotion, transfer, and
			 termination.
III.
APPLICABILITY
:
Employees of the Departments of Community Punishment and
			 Correction and agents thereof.
IV.
DEFINITION
:
Sexual Harassment
- Unwelcome sexual
			 advances, requests for sexual favors, and other verbal or physical conduct of a
			 sexual nature constitute sexual harassment when:
1. submission to such conduct is made either
		  explicitly or implicitly a term or condition of an individual's
		  employment;
2. submission to or
		  rejection of such conduct by an individual is used as the basis for employment
		  decisions affecting such individual; or
3. such conduct has the purpose or effect of
		  unreasonably interfering with an individual's work performance or creating an
		  intimidating, hostile, or offensive work environment.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-018 - AR 228 Equal Employment Opportunity

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The authority to promulgate this administrative rule is confirmed
			 in Act 50 of 1968, First Extraordinary Session, as amended.
II.
PURPOSE
:
To describe general procedures that will be used by the
			 Department of Correction to ensure equal access to employment and related
			 opportunities.
III.
APPLICABILITY
:
To all employees and especially administrative management staff
			 who are responsible for ensuring compliance with this policy in all employment
			 actions and employment-related decisions within their area of
			 responsibilities.
IV.
POLICY:
It shall be the policy of the Department of Correction to ensure
			 all qualified persons have an equal opportunity for access to employment,
			 employment benefits, and other career and promotional activity. The department
			 acknowledges responsibility under state and federal law to pursue a program of
			 civil rights compliance.
V.
PROCEDURES
:
A. Responsibilities
All members of the administrative/management staff shall be
			 familiar with this statement of policy, the philosophy behind it, and their
			 responsibility to apply these principles in good faith.
B. Monitoring
Dissemination, administration, and monitoring of this policy and
			 any related procedures shall be the responsibility of the departmental
			 EEO/Grievance Officer.
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-019 - AR 229 Employee Grievance Procedure

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Correction and Community Punishment (BCCP) is vested
			 with the authority to promulgate this Administrative Rule by Ark. Code Ann.
			 §§
							12-27-105,
			 16-93-1203,
			 and
			 16-93-1205
			 (Michie Supp. 1995).
II.
APPLICABILITY
:
This policy applies to the Department of Community Punishment
			 (DCP) and Department of Correction (DOC).
III.
POLICY
:
Any eligible employee who presents a grievance in good faith and
			 in a reasonable manner shall be free from restraint, interference,
			 discrimination, or reprisal. The grievance process will be established to
			 provide employees with a prompt review, impartial consideration, and an
			 equitable disposition of their grievances. Access to this procedure does not
			 create any expectation of continued employment, but provides an avenue of
			 review and resolution of internal situations.
IV.
GUIDELINES AND
		  PROCEDURES
:
Departmental guidelines and procedures will be set forth in
			 administrative directives in accordance with state guidelines and laws and
			 following approval of the Office of Personnel Management.
V.
ACA
		  REFERENCES
:
American Correctional Association (ACA) Standards for Adult
			 Community Residential Services, third edition, standards 3-ACRS-1C-13,
			 3-ACRS-1C-21, 3-ACRS-1C-22, ACA Standards for Adult Probation and Parole Field
			 Services, second edition, standards 2-3043, 2-3048 and 2-3049 and ACA Standards
			 for Adult Correctional Institutions, third edition, standard 3-4048.
Board Approval Date: 10/21/96
Effective Date:
11/1/96
Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-021 - AR 401 Searches for and Control and Contraband

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
:
The Board of Corrections is vested with the authority to
			 promulgate Administrative Rules by Act 50 of 1968, Extraordinary Session, as
			 amended; Acts 548 and 549 of 1993, Regular Session (Ark. Code Ann. §
							16-93-1203
			 and
			 12-27-105
			 of 1993).
II.
PURPOSE
:
To provide the Departments of Correction (ADC) staff with
			 information and guidelines regarding approved procedures for the suppression of
			 contraband and to specify approved search methods.
III.
APPLICABILITY
:
To all employees and especially those employees involved in
			 searches for the suppression of contraband.
IV.
DEFINITIONS
:
A.
Contraband
: Any
		  article not authorized nor issued to an offender as personal or state property,
		  nor purchased through the facility commissary specifically defined as
		  contraband including any excessive, authorized personal property whether seized
		  during a residential, vehicle, or body search.
B.
Personal
		  Property
: Items which are purchased by an offender, within limits
		  as posted in the facility of assignment.
C.
State Issued
		  Property
: Items issued to an offender for personal use and clearly
		  identified as state property of the offender unless of a rapidly expendable
		  nature.
D.
Reasonable
		  Suspicion
: Facts and rational inferences that department officials
		  are entitled to draw from in light of the person's experience.
The following are among the factors to be considered in
			 determining reasonable suspicion:
(1)
		  the demeanor of the suspect
(2) the
		  gait and manner of the suspect
(3)
		  prior background or character
(4)
		  whether the suspect is carrying anything and what they may be
		  carrying
(5) their manner of
		  dress
(6) the time of day or night
		  the suspect is observed
(7) any
		  overheard conversation
(8)
		  information received from a third person
(9) whether the suspect is consorting with
		  others whose conduct is "reasonably suspect"
(10) a visible effort to conceal an
		  article
(11) an effort to avoid
		  identification or confrontation by officials
E.
Individuals
: May
		  include but not be limited to offenders, employees, contracted staff, visitors,
		  volunteers, and any persons entering or leaving a facility.
F.
Offenders
:
		  Persons in the custody of ADC or confined in an ADC Facility.