Current through Register Vol. 49, No. 2, February 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.
V.
POLICY:
It shall be the policy of the Department of Correction/Community
Punishment to ensure secure procedures and safety precautions while escorting
and/or transporting offenders at all times.
VI.
PROCEDURES:
A. Situations
Department employees will use proper security procedures and
safety precautions when escorting and/or transporting offenders at all times
including but not limited to the following:
1. while being escorted and/or transported on
the unit/center;
2. transfer from
one unit/center to another;
3.
while being accompanied on out to court status;
4. while on off-the-unit/center
activities;
5. for offenders being
returned to a unit/center following escape, parole violations, or other
apprehension return situations; and/or
6. for any reason offenders must be escorted,
transported, or held for the good order and safety of the Department of
Correction/Community Punishment.
B. Use of Restraints
1. All offenders being transported from one
unit/center to another or being taken from and returned to a unit/center must
be handcuffed. A security belt and/or leg irons may also be used to provide
additional security. They may also be used while escorting offenders if used
for the good order and security of the department. Exceptions to this policy
may include:
a. Offenders in the least
restrictive class to include I-A and I-B;
b. inmates being transported to a work
release unit/center;
c. inmates
being transported to and from an industry or construction job
assignment;
d. inmates
participating in the Regional Maintenance Program or community work
program;
e. inmates participating
in the Plasma Program;
f. inmates
being transported to and from band or choir engagements; and,
g. inmates being transported to and from
offender panel engagements.
2. Handcuffs and/or other security restraint
devices employed are not to be removed until the offender is delivered to the
receiving authority as specified by the unit warden/center
supervisor.
C. Number of
Escorts and Weapons while Transporting Offenders
1. Normally, two employees shall be assigned
to escort offenders in transfer, with at least one employee being armed.
Exceptions may be made by the unit warden/center supervisor to increase this
security escort policy. Employees accompanying offenders must be extremely
alert, especially in crowds, to guard against escape and/or the acquisition or
use of any type weapon by the offender.
2. At least one escorting employee must be
female when transporting a female offender.
D. Escort Instructions
1. Escorting employees shall be provided with
a copy of the first page of the admission summary and a gate pass or transfer.
Exceptions: Emergency medical transfers will be handled with gate passes
only.
2. When accompanying
offenders to court, employees are to contact the sheriff or bailiff, chief of
police, or U.S. Marshal as soon as they arrive and receive orders for
subsequent proceedings.
3. Should
the judge order the offender remanded to a jail to await further action,
escorting employees are to obtain a copy of the Court Order, if possible.
Before turning an offender over to officials, one of the escorting employees
will make either telephone or radio contact with the unit warden/center
supervisor for instructions. Employees will secure a receipt from the sheriff,
chief of police or U.S. Marshal when the offender is turned over to
them.
4. If overnight travel is
necessary, it is permissible for the escorting employees to spend the night in
a city or town where the offender may be confined to a secure jail. Upon
release from such temporary confinement, the offender shall be thoroughly
searched for contraband by Department employees.
Offenders being accompanied on off the unit/center trips are not
permitted visits, except for attorney/client consultations on order of the
court or as approved by the warden/center supervisor.
VII.
REFERENCES:
ACA Standards 3-4182; 3-4183
Board Approval Date: 2/17/94
Effective Date: 3/10/94
