I. AUTHORITY:
The Board of Correction is vested with the authority to
promulgate this Administrative Regulation by Act 50 of 1968, as amended.
II. PURPOSE:
This Administrative Regulation establishes the process by which
the Arkansas Department of Correction determines publications to be received by
the inmate population.
III.
APPLICABILITY:
To departmental staff and all inmates within the confines of the
Department of Correction.
IV. DEFINITIONS:
A.
Publications:
Books, magazines, catalogs, advertising brochures, religious tracts, newspaper
or the like.
B.
Commercial Outlet: Publisher, bookstore, educational
or vocational institute and the like.
C.
Charitable
Outlet: A religious group or an incorporated nonprofit
organization established to promote literacy or to provide literature for
indigent inmates.
V.
POLICY:
Inmates may receive publications from recognized commercial,
religious or charitable outlets. All publications are subject to inspection,
and may be rejected if found to be detrimental to the security, discipline or
good order of the institution or if they propose, condone or provide
information likely to facilitate criminal activity.
VI. PROCEDURES:
A. The Warden/Center Supervisor shall
designate staff to review incoming publications.
B. Publications may be rejected if they are
believed to contain, but not limited to the following types of information:
1. Providing instructions for devising
weapons or for combat techniques, which would endanger institutional security
or safety.
2. Encouraging or
describing methods of escape.
3.
Providing instructions for production of alcohol or other drugs.
4. Promoting illegal discrimination,
violence, verbal or sexual abuse or inflammatory attitudes toward any racial,
sexual, age, handicapped or other individuals or group(s).
5. Encouraging or instructing in the
commission of criminal activity, or depicting in graphic and provocative
fashion illegal actions including illegal sexual behavior.
Publications recommended for rejection will be referred to the
Warden/Center Supervisor for final decision. Decisions must be made on the
contents of an individual publication, not on the basis of a list of approved
publications or previous issues.
C. The Warden must approve or reject the
publication within 30 days of receipt. If the publication is rejected the
inmate must be notified, in writing, of any decision to reject and the basis
for rejection of the publication. The inmate is also notified of appeal
procedures and options for disposing of the publication. The inmate must sign
that the notice of rejection has been received. Should the inmate refuse to
sign, an employee will attest to the fact that the inmate was duly
notified.
D. The decision to reject
a publication may be appealed to the Publications Review Committee: The
Assistant Director of Institutions, the Assistant Director of Field Services,
and the Administrator of Chaplaincy Services. Depending upon the origin of the
appeal, either of the Assistant Directors may chair the committee. The appeal
must be initiated within 10 days of the receipt of notification of the
Warden/Center Supervisor's recommendation to reject the publication.
E. Any rejected publication will be held safe
by the Warden/Center Supervisor until the appeal process has been completed, or
until the 10-day period for filing an appeal has expired.
F. Options for disposing of an unacceptable
publication are:
1. Destruction,
2. Return of the publication to the sender at
the expense of the inmate unless return postage is guaranteed,
3. Mailing the publication to a third party
at the expense of the inmate.
Board of Correction Approval Date: Julv 18. 1990
Attorney General Review Date: 7/18/90
Date Filed Secy. of State: 7/20/90
Supersedes: 864
Dated: 2/24/88
