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:
Arkansas Department of Correction (ADC) employees.
III.
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).
IV.
DEFINITIONS:
Inmate Record (a/k/a Institutional File and Inmate Jacket): A
full and complete record in written or electronic form of each person committed
to the Department of Correction, which shall include but is not limited to a
photograph of the convicted person, conviction data, and criminal history.
Electronic transmissions and recordings that chronicle the activities and
conversations of inmates are part of the institutional record.
V.
RELEASE OF
INFORMATION:A. Disclosure
or inspection of information contained in inmate records is prohibited unless
authorized by this Administrative Regulation or by court order.
B. Except as authorized by Act 1265 of 2015
(Ark. Code Ann. §
12-27-144), 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. 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.
H. An inmate will not be
given access to another inmate's record or any information contained
therein.
VI.
REFERENCE:
Ark. Code Ann. §
12-27-113(e).
VII.
STANDARDS:
American Correctional Association (ACA) Standards for Adult
Correctional Institutions
Board Approval Date: 11-23-2015
Reference: Ark. Code Ann. §
12-27-113(e)
Effective Date: 12-03-2015
Supersedes: AR 804
Dated: 02/01/2009
