Current through Register Vol. 49, No. 9, September, 2024
I.
AUTHORITY:
The Board of Correction and Community Punishment is vested with
the authority to promulgate Administrative Rules by Act 50 of 1968,
Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session
(Ark. Code Ann. ss
16-93-1203
and
12-27-105
of 1993).
II.
PURPOSE:
To describe the offender visiting program that will be used in
the Department of Correction/Community Punishment.
III.
APPLICABILITY:
All employees and especially those involved in the visitation
process; offenders; and visitors.
IV.
DEFINITIONS:
A.
Immediate Family
Member: consists of the offender's father, mother, sisters,
brothers, spouse, children, grandparents, grandchildren, and may include other
relatives whose relationship with the offender has been verified as that of a
parent or guardian.
B.
Special Visit: visits which occur on days other than
regular visitation days; visits granted to an offender who normally may not
receive a visit; and/or an extended visitation period.
C.
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 or confined in a community punishment center as a condition of
probation, suspended imposition of sentence or post prison transfer.
V.
POLICY:
It shall be the policy of the Department of Correction/Community
Punishment to permit offenders to have visits with family friends, attorneys,
and spiritual advisors under conditions that are consistent with the security
and good order of departmental operations.
VI.
PROCEDURES:
Visits shall be scheduled regularly at times that will assure
reasonable access to offenders and in accordance with the appropriate
administrative directive and facility standard operating procedures. Each
facility shall maintain a list of visitors approved for visitation of
individual offenders.
Rules pertaining to visitation shall be readily available for
visitors and offender.
A. Approval
1. Persons under the age of 18 may visit only
with the permission of a parent or guardian.
2. Prospective visitors shall be subject to
an approval inquiry.
a. There will be no
approval inquiry required for attorneys and ministers of record.
3. Persons with a prior criminal
conviction(s) may be considered for a visit only with an immediate family
member.
4. Upon good cause or
substantial evidence, persons believed to have a detrimental effect on the
offender or who constitute a threat to the security and good order of the
facility may be removed from an approved visitation list upon authorization of
the warden/center supervisor.
B. Searches
1. Visitors shall be made aware they shall be
subject to a search prior to visiting with an offender.
2. All searches shall be conducted in
accordance with the appropriate administrative rule and directives concerning
searches for and control of contraband.
C. Visiting Conditions
1. Visits shall be supervised by staff at all
times during the allocated time.
2.
Consistent with the security needs of the facility, contact visits may be
restricted.
a. Where contact visitation is
allowed, the offenders and visitors may briefly embrace upon arrival and
departure and may sit side-by-side. Small children may sit on the offender's
lap.
3. An attorney
visiting area shall be provided to ensure privileged communications between
offenders and their attorneys; however, the area used for these visits is
subject to general staff supervision.
D. Visitation Restrictions
1. Limitations may be imposed on the number
of visitors an offender may have at one time.
2. Items carried into the visitation area by
the visitor and offender shall be restricted.
3. Any behavior on the part of the offender
or visitor which is or may be disruptive to the security and good order of the
facility or is in violation of departmental policy/procedure will result in
denial or termination of the visit.
4. Inmates in punitive segregation have
opportunities for visitation unless there are substantial reasons for
withholding such privileges. Visits will be conducted for two (2) hours, once a
month (calendar) and scheduled at least 24 hours in advance. The Warden or
designee must approve all such visits. Approval will be contingent upon but not
limited to:
a. Nature of rule
violation.
b. No further rule
violations while housed in punitive.
c. Satisfactory cell inspection report.
A legal visit may be approved in advance by the Warden/Unit
Supervisor. This is to be done only when the attorney can justify the urgency
of the legal matter to be taken prior to the release from punitive status, then
only with the consistent need for good security.
5. Other restrictions may apply as indicated
in the appropriate administrative directive(s) and/or standard operating
procedure(s).
E. Records
1. Staff assigned visitation duties shall
maintain a record of approved visitors.
2. All visits shall be documented as to date,
person visiting, time visited, and any unusual incidents.
F. Special Visits
1. Upon approval of the warden/center
supervisor, special visits may be allowed for attorneys, spiritual advisors,
offenders in special housing/assignment/status, and persons residing outside a
set radius from the facility.
2.
Special visits shall be scheduled in accordance with guidelines established in
the appropriate administrative directive(s) and facility
procedure(s).
VII.
A.C.A.
REFERENCE:
3-4440, 3-4441, 3-4442, 3-4445, 3-4446, 3-4255.
Board Approval Date: 11-16-00
Effective Date: 3/24/01
