Current through Register Vol. 49, No. 9, September, 2024
I.
POLICY:
The Board of Corrections is vested with the authority to
promulgate Administrative Rules by Act 50 of 1968 as amended by the
Administrative Procedures Act (Act 434 of 1967 as amended). It shall be the
policy of the Department to formulate such Administrative Rules, Directives and
Memoranda to provide for the lawful, safe, orderly, and responsible operation
of the Department. Applicable staff shall be notified of, provided access to,
trained if necessary and held responsible for abiding by these policies. The
Warden/Center Supervisor is responsible for placement of Rules, Directives and
Memoranda that are applicable to the inmate population in areas where inmates
will have access to them. It is the responsibility of the Warden/Center
Supervisor to make sure the inmate population is aware of the guidelines
applicable to them.
II.
EXPLANATION:
Administrative Regulation 001 establishes the process by which
the Arkansas Department of Correction formulates, amends and repeals
Administrative Rules, Directives, and Memoranda. This Administrative Regulation
also applies to the Board of Corrections, the Director, and such staff as the
Director may charge with the responsibility of formulating, amending, and/or
reviewing departmental rules and policies.
III.
DEFINITIONS:
A. Administrative Rules: Official statements
approved by the Board of Corrections and the General Assembly that are filed
with the Secretary of State. They are also the general policies which guide the
operation of the Arkansas Department of Correction. Prior to their submission
to any committee of the General Assembly, staff will ensure that all proposed
new Administrative Rules and proposed amendments to existing Administrative
Rules are submitted to the Governor, as appropriate, for their review or
approval.
B. Administrative
Directives: Official statements, authorized by the Director, which explain
Administrative Rules, laws, policies, and establish specific procedures for
their implementation throughout the Department.
C. Administrative Memoranda: Official
statements specifying procedures for applying an Administrative Rules or
Directive, a law or policy to a particular area of operation. An Administrative
Memorandum may also be issued to establish day-to-day operational procedures
not specifically covered by Administrative Rules, law or policy. The Deputy
Director, Assistant Director, Administrator, or Warden/Center Supervisor
responsible for operation of that area must approve or authorize the
Administrative Memorandum.
IV.
PROCEDURES:
A. The procedures for formulating, amending
or deleting an Administrative Rules, Directive, or Memorandum will be specified
in an Administrative Directive.
B.
Those staff authorized to do so, shall issue Administrative Directives and
Memoranda, as necessary to guide staff in implementation of Administrative
Rules and to regulate day-to-day operation in specific areas.
C. Pre-Service and In-Service training shall
be conducted to familiarize staff with all Administrative Rules, Directives,
and Memoranda. The issuing authority shall ensure that affected staff are
notified of, provided access to, trained if necessary and held responsible for
abiding by these policies.
D. All
Administrative Rules, Directives and Memoranda should be reviewed, at least
annually.
E. All Administrative
Rules, Administrative Directives and Administrative Memoranda shall be
preserved and maintained by the Department of Correction in electronic format
with availability and distribution determined by current law and policies.
Board Approval Date: 5/11/2018
Effective Date: 5/21/2018
