Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Division 01 - Division of Community Correction › Rule 004.01.20-011 - Resident Visitation

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 Arkansas law sections
			 12-27-105,
			 16-93-1203
			 and
			 16-93-1205.
II.
APPLICABILITY.
This policy
			 applies to staff, residents, and persons who visit residents at residential
			 centers administered or operated by Arkansas Community Correction
			 (ACC).
III.
POLICY.
Residents may have visits with their family, friends, attorneys, and ministers
			 under conditions consistent with applicable law, good order, and department
			 rules and regulations. Staff must show respect toward visitors without
			 compromising safety and security. Individuals may apply to visit residents and
			 submit to an approval process which includes an investigation. Further, for the
			 purpose of security and good order, searches of individuals and property may be
			 conducted and contraband, evidence, or potential evidence of a crime
			 seized.
IV.
GUIDELINES.
A.
General
			 Information.
Approved visitors are welcome. To support ACC program
			 objectives, residents will be allowed to receive visitors, following
			 appropriate applicant screening to assure safety and security of employees and
			 residents. ACC can limit visitation pursuant to applicable law and for such
			 reasons as programming and scheduling requirements, resident behavior, and
			 security concerns.
People who wish to visit residents must apply using Form 1,
				"Application to Visit a Resident." For the safety of residents, staff, and
				visitors, certain precautions are necessary including conducting a background
				check of people who apply to visit residents. Applicants will be screened
				giving weight to the potential for therapeutic benefit of their visit.
				Investigations will consist of an ACIC/NCIC criminal history check, assessment
				of information provided on the Application to Visit a Resident Form, and any
				information obtained from Parole/Probation Officers, or other reliable sources.
				Staff also use detection equipment and conduct pat searches when appropriate.
				Violators of rules are subject to prosecution pursuant to Arkansas law section
				5-54-119.
				Visitors must follow rules to ensure safety, security, and to set the example
				for residents who are learning to follow rules. Although precautions are taken
				to assure safety and security, visitors must understand there are risks.
B.
Resident's
			 Responsibility.
The resident must provide the "Application to Visit a
			 Resident" form to each person he/she wants to visit.
C.
Searches.
Visitors are
			 subject to search and may be asked to wait in the area for permission to enter.
			 They are free to leave at any time, unless they are suspected of trying to
			 introduce contraband or committing any other felony on ACC grounds. In these
			 situations, they may be detained until law enforcement arrives to take them
			 into custody." Any personal or State property is subject to reasonable search
			 when on State property or in the possession of someone on State property.
			 Visitors may be pat searched by an authorized person of the same gender.
			 Visitors who refuse to be searched are subject to having their visitation
			 ended, being barred from entering or remaining on ACC property, and having
			 visitation privileges revoked.
Reasons for searches include the following:
* routine visitor search
* a special security search of people entering, leaving, or
				currently on ACC premises
* before, during, or immediately following a visit with a
				resident
* reasonable suspicion. Reasonable suspicion is a degree of
				certainty based on facts and reasonable inferences that causes a person to
				believe a law, conditions of supervision, or policy has been violated.
* if a crime/critical incident has occurred.
D.
Documentation.
Visitor application information must be entered in eOMIS where
				it will be available for use by any ACC or ADC facility. Staff should also
				enter comments in eOMIS about any problems with a particular visitor.
E.
Visitation Conditions and
			 Restrictions.
1. Visitors must
			 complete, sign and have on file an approved "Application to Visit a Resident"
			 Form at the appropriate center prior to being allowed resident
			 visitation.
2. All visitors age 15
			 and older must show valid photo identification. Children under 15 may be
			 required to show photo identification or a birth certificate.
3. All visitors must follow staff
			 instructions and comply with the visitation policy, procedures and
			 rules.
4. All visitors may be
			 photographed by staff and photos may be maintained for future identification;
			 such photos should be uploaded to eOMIS and deleted from the camera.
5. Visits will be continuously supervised by
			 staff.
6. An attorney visitation
			 area will be provided upon request to ensure privileged communication between
			 the attorney and client; however, the area is subject to general staff
			 supervision. No background investigation is required for attorneys. However, an
			 attorney may be asked to sign a statement indicating he/she is a licensed
			 attorney and represents (attorney of record) or is in the process of
			 determining whether to represent the resident. Attorney visits must be
			 scheduled at least 24 hours in advance.
7. The number of concurrent visitors for a
			 resident may be limited.
8. Visits
			 may be terminated, restricted or suspended if there is poor or disruptive
			 behavior on the part of the resident or visitor or-as part of a therapeutic
			 measure imposed on a resident for rule violations.
9. Visits will not be allowed for residents
			 in Disciplinary Detention, Reflection Chair status or pending transfer to the
			 Arkansas Department of Correction.
10. Residents may not have visitors while in
			 Treatment Phase 1 (Orientation Phase) other than visits from an attorney or
			 minister.
11. Residents in the
			 Supervision Sanction Program who earn visitation privileges may be allowed
			 visitors as established by the program schedule and criteria.
12. Restrictions may be placed on articles
			 taken into the visitation area. Additional restrictions and conditions may be
			 imposed considering the therapeutic benefits, space limitations, and risks to
			 security and order.
13. Special
			 visits between regularly scheduled visitation times may be allowed in certain
			 circumstances when approved by the Center Supervisor for situations such as:
* complying with court orders,
* signing documents,
* when requested by the Department of Human Services,
* accommodating a visitor who lives more than 300 miles from
				the center,
* accommodating ministers, job interviewers, housing
				representatives, or other representatives assisting the resident with
				transition back into the community. A minister is person who has been ordained,
				licensed, or authorized by a sitting Pastor of a church of record to serve as a
				spiritual advisor. Documentation of such authorization may be required.
14. All visitors must sign in and
			 out. Those making special visits are also required to wear a visitor
			 badge.
F.
Video
			 Visitation.
To provide both the resident and their family a way to
			 improve family reunification while minimizing security-related incidents or
			 concerns, a video visitation system, which allows residents and visitors to
			 communicate byway of video conferencing equipment, may be used at residential
			 centers.
The guidelines, restrictions and directions for video
				visitation use must be further explained in an Administrative Directive.