I.
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).
II.
EXPLANATION:
To protect the integrity of inmate records and to ensure their
proper use. It is unlawful to permit inspection of or disclose information
contained in the records, or to copy or issue a copy of all or part of any
record, except as authorized by administrative regulation or court
order.
III.
DEFINITIONS:
Inmate Record (a/k/a Institutional File and Inmate Jacket): A
full and complete record in written or electronic form regarding each person
committed to the Department of Correction, which shall include, but is not
limited to, a photograph of the convicted person, the offense and sentence for
any conviction for which the inmate is incarcerated, the inmate's criminal
history, medical and mental health information and records, and all other
records which identify and relate directly to that inmate. Electronic
transmissions and recordings that chronicle the activities and conversations of
inmates are part of the Inmate Record.
IV.
PROCEDURES:
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. §
12-27-145), 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. Upon the death of inmate, access to that
inmate's medical or mental health information or records may be granted to a
person designated by the inmate to have access to such records in accordance
with policies and procedures adopted by the Department, or as required by state
or federal law.
H. 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.
I. An inmate will not be
given access to another inmate's record or any information contained
therein.
V.
REFERENCE:
Ark. Code Ann. §
12-27-113(e)
VI.
STANDARD:
American Correctional Association (ACA) Standards for Adult
Correctional Institutions
Board Approval Date: 5/11/2018
Reference: Ark. Code Ann. §
12-27-113(e)
Effective Date: 5/21/2018
Supersedes: AR804
Dated: 5/11/2018
