Arkansas Administrative Code, Agency 004, Rule 004.00.02-002 - (see rule # 159.00.02-003) | Arkansas Administrative Code

I. AUTHORITY. The Board of Corrections (Board) is vested with the authority to promulgate Administrative Regulations by Ark. Code Ann. §§ 12-27-105, 16-93-1203, and 16-93-1205.

II. APPLICABILITY. Circuit Courts, Post Prison Transfer Board (PPTB), offenders, and Department of Community Correction (DCC) employees.

III. POLICY. It is Board policy that DCC offenders participate in economic sanctions programs as described in this policy.

IV. DEFINITION.

Offenders. Individuals released to or assigned to community supervision and/or other programs/services under the DCC.

V. GUIDELINES.

A. Fees or fee ranges for DCC programs and services are established by the Board. Assessment of economic sanctions will be as imposed by the courts and the PPTB. Exemptions, and waivers will be as authorized by DCC policy, the courts and PPTB. In no way does this regulation affect circuit court and PPTB authority to suspend or modify the amount to be assessed. Fees (other than restitution) collected by the DCC may be converted to community service hours as authorized in procedures established in agency guidance.

B. State laws, Department of Finance and Administration rules and regulations, DCC administrative rules and regulations and general accounting procedures will govern the collection and disbursement of fees collected. Procedures for collection and disbursement shall be established, approved by the director, and distributed to appropriate staff. It shall also include the current fee rates for each program/service as established and approved by the Board. The Assistant Director of Administrative Services shall maintain an historical record of the rates in force for each program/service for each fiscal year.

VI. REFERENCE.Ark. Code Ann. § 16-93-104.

I. AUTHORITY.The Board of Corrections (Board) 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. APPLICABILITY.This policy applies to Department of Community Correction (DCC) employees.

III. POLICY. It is the policy of the DCC to equip certain employees with the capability to function effectively across the force continuum by providing training and authorizing an assortment of weapons and equipment for employees charged with direct supervision of the offender population, and commensurate with assessed needs. In those instances where application of force is necessary to gain control of a situation, alternatives will be available to resolve conflicts with the least amount of injury to everyone involved.

IV. GENERAL PROCESS. The specific weapons and/or security equipment and/or training needs for categories of employees shall be assessed based upon specific functions and duties of employees, the nature of the environment, and offender populations supervised. The DCC Director shall establish an authorized list of weapons and security equipment. Combinations of equipment from the Director's approved list will be selected to allow tailoring employee responses to situations along the force continuum. An assortment of responses will improve opportunities to resolve conflict situations with the least application of force. Issue and use of sanctioned equipment shall be based on needs and training assessments and will be preceded by appropriate qualification, certification (where appropriate) and training. When approved by the Director, certified dogs and handlers may be borrowed from other agencies for drug detection.

V. REFERENCES. American Correctional Association (ACA) Standards for Adult Probation and Parole Field Services, 3rd Edition, standards 3-3087[P], 3-3089[P].

AR 7.18 RESIDENT PROPERTY CONTROL

I. AUTHORITY. The Board of Corrections is vested with the authority to promulgate this regulation by Ark. Code Ann. §§ 12-27-105, 16-93-1203, and 16-93-1205.

II. APPLICABILITY. To Department of Community Correction (DCC) staff and residents.

III. POLICY. It shall be DCC policy to permit only property items necessary for resident center life and items that do not endanger the security or safety of staff and residents.

IV. DEFINITIONS.

A. Contraband. Any article not authorized nor issued to any resident as personal of state property, nor purchased by the resident through the commissary. Also included is nuisance contraband.

B. Nuisance Contraband. Any item(s) considered by staff to be excessive in quantity or size, which could present a health or safety hazard, or items accumulated for the purpose of barter or trade.

C. Personal Property. Items which are purchased by or for a resident and/or given to a resident which are authorized to be retained, within limits as posted in the center of assignment, on a resident's person or in living or storage area.

D. State Issue Property. Items which are issued to a resident for personal use and maintenance within a reasonable amount. State issued property other than that of a rapidly expendable nature (i.e., toilet paper, soap, toothbrush, etc.) is to be clearly identified as State property.

V. GUIDELINES. The DCC must provide for resident property control which addresses the following:

A. Receipt of resident's funds and personal property at the time of initial commitment to the center and upon subsequent commitment to other facilities

B. Recording, accounting, and safekeeping /appropriate disposition of resident funds and property that are not allowed to be in the resident's possession (i.e., contraband)

C. Determination and accounting of items that can remain in possession of a resident while inside the center

D. Options available to the resident and Center Supervisor to dispose of excess personal property

E. Responsibility for coordination of transportation of resident's personal effects upon transfer

F. Disposition of personal property in the event of a resident's death

G. Verification and return of funds and personal property of residents upon final release

H. Audits of records and physical verification of items associated with the resident property control system

I. Selection of qualified personnel to serve as Center Property Control Officers

VI. STANDARDS. American Correctional Association (ACA) Standards for Adult Community Residential Services (ACRS) Fourth Edition, 4-ACRS-7D-13 and 4-ACRS-7D-14

VII. ATTACHMENTS.

Attachment 1 Initial Commitment Minimum Allowance and State Issue Requirements

Attachment 2 Personal Property Items Authorized for Resident Possession and Not Issued by State

AR 7.18 Form 1 Department of Community Correction Resident Personal Property Record

AR 7.18 Form 2 Property Donation

Attachment 1

Initial Commitment Minimum Allowance and State Issue Requirements

Clothing and Personal Hygiene Items - Upon arrival at a receiving Center, the resident should be issued, have available to him/her, and be accountable for the following items:

MALE CLOTHING	HYGIENE ITEMS
3 T-shirts	bath soap (as needed)
3 shirts	1 toothbrush
3 pants	1 tube toothpaste (3 oz.)
1 pair shoes, brogans or	1 safety razor & blade
1 pair shoes, low quarter	bath towels (as needed)
3 undershorts
3 pair cotton socks
1 cap (if needed)
1 jacket or coat (depending on seasonal requirements)
1 insulated underwear (depending on seasonal requirement)

FEMALE CLOTHING	HYGIENE ITEMS
3 T-shirts	bath soap (as needed)
3 shirts	1 toothbrush
3 pants	1 tube toothpaste (3 oz.)
2 pair shoes	1 safety razor & blade
3 bras	bath towels (as needed)
1 jacket or coat (depending on seasonal requirements)	feminine hygiene items
3 pair socks

BED CLOTHING - Each resident should be issued the following items upon arrival at a reception or regular center:
1 mattress	1 pillowcase
1 pillow	1 blanket
2 sheets

Attachment 2

Personal Property Items Authorized for Resident Possession and Not Issued by State

CLOTHING	PERSONAL HYGIENE ITEMS
1 shaving cream
1 pair shower shoes	1 deodorant (roll-on/stick)
1 pair slippers	1 shampoo
1 pair gym shoes	1 denture adhesive
1 pair civilian shoes (heel not to exceed 11/2 inches high)	1 hair dressing
1 handkerchiefs (white)	1 hair brush
** dresses (females only)	1 depilatory preparation
** feminine hygiene items
NOTE: All containers are to be non-pressurized	** beauty aid products
1 roll toilet paper
1 laundry bag
1 pair nail clippers (as sold in commissary)

MEDICAL ITEMS

issued as prescribed

1 pair eyeglasses

1 pair dentures

prosthetic

body support devices

MISCELLANEOUS	LEGAL MATTERS
1 radio, battery operated AM with earphones only	Papers and documents of a legal nature may be retained by the resident in a reasonable quantity. Before confiscation of legal materials which are determined to be excessively bulky and in excess to the resident's needs, an opinion must be obtained form the DCC Staff Attorney
1 set, headphones and/or earphone
1 watch - wrist or pocket ($50.00 maximum value)
2 rings ($50.00 maximum value each)
* * co stume jewelry (females only) religious medals (reg. size security requirements) personal papers and letters photographs/album hobby craft items authorized by Center Supervisor earplugs magazines, newspapers items sold in commissary	OTHER ___________________________ ___________________________ ___________________________
padlock (different in design from those used by the Center; resident provide key to Senior Residential Supervisor	___________________________
* Based on Center SOP	___________________________
** Female Residents Only	___________________________

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I. AUTHORITY.The Board of Corrections is vested with the authority to promulgate this regulation by Ark. Code Ann. §§ 12-27-105, 16-93-1203, and 16-93-1205.

II. APPLICABILITY. To residents, people who correspond with residents, and center staff.

III. POLICY.It shall be the policy of the Department of Community Correction (DCC) to encourage and promote wholesome communications between residents and other persons and organizations. Correspondence with family members, close friends, associates and organizations is essential to the morale of all confined persons. It may form a positive basis for both present and future adjustment in the center and in the community.

IV. DEFINITIONS.

A. Contraband. Any item that is not permitted under the usual rules of the center.

B. Rejection. Material reviewed and denied because officials have a reasonable belief that it presents a danger to center security.

V. GUIDELINES.

A. There are generally three classes of correspondence: privileged, general, and inter-center. When there are legitimate facility interests of order and security, any mail item may be read or rejected.

1. Privileged Correspondence. Incoming and outgoing correspondence with the persons or organizations specified below shall be considered privileged correspondence as long as the designated individuals are acting in their official capacities and correspondence is properly marked as such. Privileged mail will be opened for inspection only in the presence of the resident concerned to inspect for contraband and will not be read or censored, but may be rejected in its entirety if it is found to contain contraband. However, outgoing mail claimed to be privileged may be read following a verified complaint from the person(s) receiving the mail. Also, outgoing and incoming mail claimed to be privileged may be read if there is reason to believe that the designation is being used by the resident to circumvent the correspondence rules of the center. Procedures will provide for notification of a resident when his/her incoming mail has been returned or withheld. There will be no records kept of incoming or outgoing privileged correspondence. Outgoing privileged correspondence shall have the words "Privileged Correspondence" or "Legal Mail" marked on the envelope or it will be considered general correspondence. All incoming mail should be in official letterhead envelopes and clearly identified as "Privileged Correspondence." Media mail should be clearly marked "Media Mail".

a. Offices of Federal, State, and local courts

b. Any Federal or State Official

c. Any administrator of the Department of Community Correction

d. Any member of the Post Prison Transfer Board

e. Any member of the Board of Corrections

f. Resident's Attorney

g. Any member of the media, including print, radio, and television,

h. Compliance Attorney

2. General Correspondence. Correspondence, other than privileged or inter-center correspondence, shall be considered general correspondence. Residents are not required to submit a list of the people with whom they wish to correspond, nor is approval required from the DCC prior to corresponding. There will be no limitation placed on the number of letters mailed or received. All general correspondence, both incoming and outgoing, may be opened, and inspected, for contraband. Records may be kept of all incoming and outgoing general correspondence to see that family contact is maintained. Such contact is essential for rehabilitation. Arrangements may be made, in the absence of family contact, for correspondence with a volunteer. The full name under which the resident was committed and the offender number of the resident shall be shown in the upper left-hand corner of the envelope on the outgoing mail. Any violation of the rules and regulations which also constitutes a violation of Federal Postal Laws shall be reported to the Federal Postal authorities or appropriate personnel responsible for the processing and inspection of such mail. Residents in isolation (segregation) for any reasons may send and receive mail as other residents in the general population.

3. Inter-Center Correspondence. Inter-center correspondence is that mail between DCC residents. Inter-center correspondence will be restricted to members of the resident's immediate family. It will be subjected to the usual rules under general correspondence. Inter-center correspondence must have the approval of both the sending and receiving Center Supervisor.

B. Packages. Residents who are authorized hobby craft cards may order and receive items previously approved by the Center Supervisor or his/her designee. No other packages will be allowed except with the approval of the Center Supervisor and the Deputy Director of Residential Services. Employees responsible for screening mail will be appropriately trained to recognize mail bombs.

C. The DCC reserves the right to inspect, read, open, or stop any mail or hobby craft packages where there is reason to believe a danger to the security of the center exists.

D. The DCC will not accept postage due on mail or hobby craft packages.

E. All letters will be written in the English language unless there is approval by the Center Supervisor to do otherwise.

F. After a resident's release, only his/her first class letters and packages will be forwarded to the address he/she specified. If no forwarding address was provided, it will be returned to the sender.

VI. STANDARDS. American Correctional Association, Adult Community Residential Services (ACRS), 4-ACRS-6A-06 and 4-ACRS-6A-07.

I. AUTHORITY. The Board of Corrections is vested with the authority to promulgate this regulation by Ark. Code Ann. §§ 12-27-105, 16-93-1203, and 16-93-1205.

II. APPLICABILITY. To Department of Community Correction (DCC) staff and residents.

III. POLICY. It is Board policy that residents may receive publications from recognized commercial 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 center or if they propose, condone, or provide information likely to facilitate criminal activity.

IV. DEFINITIONS.

A. Publications. Printed or electronic media such as books, magazines, catalogs, advertising brochures, religious tracts, or newspapers.

B. Commercial Outlet. Organizations such as a publisher, bookstore, educational, or vocational institute.

C. Charitable Outlet. An incorporated nonprofit organization established to promote literacy or to provide literature for indigent residents, or a religious group.

V. GUIDELINES.

A. The Center Supervisor shall designate staff to review incoming publications.

B. All publications are subject to inspection and may be rejected if found to be detrimental to the security, discipline, or good order of the center or if they propose, condone, or provide information likely to facilitate criminal activity or if they are not from recognized commercial or charitable outlets.

1. Examples of material which would cause publications to be rejected are materials which

a. provide instructions for devising weapons or for combat techniques which would endanger center security or safety.

b. encourage or describe methods of escape.

c. provide instructions for production of alcohol or other drugs.

d. promote illegal discrimination, violence, verbal or sexual abuse or inflammatory attitudes toward any race, sex, age, handicap, or other individuals or group(s).

e. encourage or instruct in the commission of criminal activity, or depict in graphic and provocative fashion, illicit actions including illegal sexual behavior.

2. Publications recommended for rejection will be referred to the Assistant Center Supervisor who will review and make a determination within 10 days. The Assistant Center Supervisor's decision can be appealed to the Center Supervisor. 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 Center Supervisor must approve or reject the publication within 10 days of receipt. If the publication is rejected the resident must be notified, in writing, of any decision to reject and the basis for rejection of the publication. The resident is also notified of appeal procedure and options for disposing of the publication. The resident must sign that the notice of rejection has been received and has 15 days from notification to appeal the decision. Should the resident refuse to sign, an employee will attest to the fact that the resident was duly notified.

D. The decision to reject a publication may be appealed further to the Deputy Director of Residential Services. This appeal must also be initiated within ten (10) days of receipt of the Center Supervisor's decision.

E. Any rejected publication will be held safe by the Center Supervisor until the appeal process has been completed, or until the 15-day period for filing an appeal has expired.

F. Options for disposing of a rejected publication are as follows:

1. Destruction,

2. Return of the publication to the sender at the expense of the resident unless return postage is guaranteed,

3. Mailing the publication to a third party at the expense of the resident.

I. AUTHORITY. The Board of Corrections (Board) 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. It is the policy of the Department of Community Correction (DCC) to operate community service programs which administer sanctions appropriate to the seriousness of offenses/violations, hold offenders accountable for violations of release conditions, increase offenders' employment skills through community service work, provide for community involvement in the corrections process, thus, increasing the community resource availability to assist in interrupting the crime cycle.

III. APPLICABILITY. Offenders under the jurisdiction of the DCC; and DCC employees.

IV. DEFINITION.

V. ACCESS TO THE PROGRAM. Gained by Court order or order of the Post Prison Transfer Board.

VI. COMMUNITY SERVICE WORK HOURS. Each hour of community service work performed shall be equivalent to minimum wage per hour.

VII. PROCEDURES. Operational procedures shall be established in an administrative directive.

I. AUTHORITY. The Board of Corrections (Board) 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. APPLICABILITY. This regulation applies to Department of Community Correction (DCC) employees who conduct or assist in conducting substance abuse testing of offenders.

III. POLICY. It is the policy of the DCC to administer a program of testing offenders for substance abuse for the purpose of enforcing the conditions set forth by courts, the Post Prison Transfer Board and administrative regulations, directives and standard operating procedures. Testing will be the basis for interventions to include counseling and/or treatment. Appropriate confidentiality of information shall be maintained.

IV. REFERENCES.American Correctional Association (ACA) Performance-Based Standards for Adult Community Residential Services, 4th Edition, 4-ACRS-5A-08[P].

Board Approval Date: 8/15/02

Reference:

Effective Date: 9/15/02

Arkansas Administrative CodeAgency 004 - DEPARTMENT OF CORRECTIONSRule 004.00.02-002 - (see rule # 159.00.02-003)

Arkansas Administrative Code
Agency 004 - DEPARTMENT OF CORRECTIONS
Rule 004.00.02-002 - (see rule # 159.00.02-003)