Current through Register Vol. 49, No. 9, September, 2024
I.
AUTHORITY:
The authority of the Board of Correction to promulgate this
Administrative Rule is vested in Act 50 of 1968, First Extraordinary Session,
as amended.
II.
PURPOSE:
To describe the procedures that will be used to process inmate
property control.
III.
APPLICABILITY:
To all employees and especially those involved in the control of
inmate property, and all inmates.
IV.
POLICY:
It shall be the policy of the Department of Correction to permit
only those inmate property items that are necessary for institutional life and
do not endanger the security or the safety of staff or other inmates.
V.
DEFINITIONS:
A.
Personal Property
- Items which are purchased by or for an inmate and/or given to an inmate which
are authorized to be retained, within limits as posted in the unit/center of
assignment, on an inmate's person or in living or storage area.
B.
State Issue
Property - Items which are issued to an inmate for his or her
personal use and which may be retained within a reasonable amount by the inmate
on his or her person, or in the living area.
State issued property other than that of a rapidly expendable
nature (i.e., toilet paper, soap, toothbrush, etc.) is to be clearly identified
as state property.
C.
Contraband - Any article not authorized nor issued to
any inmate as personal or state property, nor purchased by the inmate through
the commissary. Also included is nuisance contraband.
1. Nuisance Contraband - Any item or article
which may be or may have been authorized for possession, but which is now
prohibited because excessive quantities present health or fire hazards or have
become a housekeeping problem. Specific examples include but are not limited
to:
a. Excessive numbers of newspapers,
letters, or magazines;
b. Food
items which have spoiled;
c. Items
accumulated for the purpose of barter or trade.
2. Articles in excess of established
unit/center limits, articles used for unauthorized purposes, and/or articles in
an inmate's possession in an unauthorized area are also considered
contraband.
VI.
PROCEDURES:
A system must exist to provide for inmate property control. This
system shall include provisions for:
1. Receipt of inmate's funds and personal
property at the time of initial commitment to the state system and upon
subsequent commitment to other units/centers;
2. Recording, accounting, and safekeeping of
inmate funds and property that are not allowed to be in the inmate's possession
(i.e., contraband);
3.
Determination of items that can remain in possession of an inmate while inside
the unit/center;
4. Options
available to the inmate and warden/center supervisor to dispose of excess
personal property;
5.
Responsibility for coordination of transportation of inmate's personal effects
upon transfer;
6. Disposition of
personal property in the event of an inmate's death;
7. Verification and return of funds and
personal property of inmates upon final release;
8. Audits of records and physical
verification of items associated with the inmate property control
system;
9. Selection of qualified
personnel to serve as Unit Property Control Officers.
These provisions shall be specifically addressed in an
appropriate administrative directive.
The appropriate administrative directive shall also include but
not be limited to the following:
(1)
Procedures for property inventory to include appropriate forms to be
utilized,
(2) Receipts for personal
property, and
(3) A listing of
state issued property and authorized personal property.
VII.
A.C.A.
REFERENCES:
3-4279, 3-4280, 3-4281 AR841
Board Approval Date: 6/24/93
Effective Date: 6/23/93
