Arkansas Administrative Code
Agency 159 - Department of Community Correction
Rule 159.00.05-003 - AR 7.24 - Resident Visitation
Universal Citation: AR Admin Rules 159.00.05-003
Current through Register Vol. 49, No. 9, September, 2024
DCC AR 7.24 RESIDENT VISITATION
I.
AUTHORITY. The Board of
Corrections is vested with the authority to promulgate Administrative
Regulations by Ark. Code Ann.
12-27-105,
16-93-1203,
and
16-93-1205.
II.
APPLICABILITY. This policy
applies to staff, residents, and persons who visit residents at residential
centers administered or operated by the Arkansas Department of Community
Correction (DCC).
III.
POLICY. Residents are permitted to have visits with their family,
friends, attorneys, and ministers under conditions consistent with applicable
law, good order and department rules and regulations. Staff must show respect
toward visitors without compromising safety and security. Individuals may apply
to visit residents and submit to an approval process which includes an
investigation. Further, for the purpose of security and good order, searches of
individuals and property may be conducted and contraband, evidence, or
potential evidence of a crime seized.
IV.
DEFINITIONS.
A.
Contraband. Property that is
illegal, against center policy or rules or is prohibited by parole/probation
conditions.
B.
Evidence. Anything which may be helpful in forming a conclusion or
judgment about illegal or unauthorized activity; and testimony, writings, or
material objects offered in proof of an alleged fact or proposition.
C.
Minister. A person who has
been ordained, licensed, or authorized by a sitting Pastor of a church of
record to serve as spiritual advisors to offenders. Documentation of such
authorization is on file at the DCC residential center.
D.
Pat Search. A means for
detecting contraband hidden on a persons body that involves patting or sliding
the hands along the fully-clothed body of a person.
E.
Reasonable Suspicion. A
degree of certainty based on facts and reasonable inferences drawn there from
that cause one to believe that a person has violated the law or agency
policy.
F.
Residents.
Offenders incarcerated or confined in DCC residential centers.
G.
Tobacco Products. Any smoking
or smokeless tobacco product.
H.
Communication Devices. Any cellular telephone, pager or other
electronic device which might allow a resident to establish unsupervised and
unauthorized contact with individuals outside of the facility.
V.
GUIDELINES.
A.
General Information. To
support the objectives of DCC programming, residents will be allowed to receive
visitors, following appropriate applicant screening to assure safety and
security of employees and residents. The DCC can limit visitation in accordance
with applicable law and for such reasons as programming requirements, resident
behavior, and scheduling requirements. People who wish to visit residents must
apply using Form 1, A Center Visitation Application. @ For the safety of
residents, staff, and visitors, certain precautions are necessary including
conducting a background check of people who apply to visit residents.
Applicants will be screened giving weight to the potential for therapeutic
benefit of their visit against likely harm or bad influence which may result.
Investigations will consist of an ACIC/NCIC criminal history check, assessment
of information provided on the Visitor Application Form, and any information
obtained from Parole/Probation Officers, residents, or other reliable sources.
Staff also use metal/drug detection equipment and conduct pat searches when
appropriate. Violators of rules are subject to prosecution pursuant to Arkansas
Code Annotated '
5-54-119.
Visitors must follow rules to ensure safety, security, and to set the example
for residents who are learning to follow rules. Although precautions are taken
to assure safety and security, visitors must understand there are risks.
Visitors are welcome.
B.
Identification. Upon entrance of a DCC residential center, all
visitors will be required to show photo identification, follow staff
instructions, and comply with the visitation policy, procedures and
rules.
C.
Treatment of
Others. Staff, residents, and visitors must respect others civil rights
and must not engage in retaliatory acts against anyone who claims or reports
harassment.
D.
Searches. Any personal or State property is subject to reasonable
search when on State property or in the possession of someone on State
property. Visitors may be pat searched by an authorized person of the same
gender. Visitors who refuse to be searched are subject to having their
visitation ended, being barred from entering or remaining on DCC property, and
having visitation privileges revoked. Circumstances that may lead to search
include the following: a special security search of people entering, leaving,
or currently on DCC premises; before, during, or immediately following a visit
with a resident; when there is A reasonable suspicions of possession of
contraband (see description on Form 1); if a major crime/critical incident has
occurred in which contraband or evidence is involved; and in conjunction with
the drug testing process. Visitors may be asked to wait in the area for
permission to enter; however, they may not be detained and are free to leave at
any time they choose. Visitors must sign out upon leaving.
E.
Visitation Conditions and
Restrictions.
1. Visitors must
complete, sign and have on file an approved Visitation Application (Form 1) at
the appropriate center prior to being allowed resident visitation.
2. Visits will be continuously supervised by
staff.
3. Visitors are subject to
pat search before, during, or following a visit.
4. An attorney visitation area will be
provided upon request to ensure privileged communication between the attorney
and client, however, the area is subject to general staff supervision. No
background investigation is required for attorneys. However, an attorney may be
asked to sign a statement indicating he/she is a licensed attorney and
represents (attorney of record) or is in the process of determining whether to
represent the resident.
5. The
number of concurrent visitors for a resident may be limited.
6. Visits may be terminated, restricted or
suspended if there is poor or disruptive behavior on the part of the resident
or visitor or-as part of a therapeutic measure imposed on a resident for rule
violations.
7. Visits will not be
allowed for residents in Disciplinary Detention or Reflection Chair
status.
8. Residents may not have
visitors while in Treatment Phase 1 (Orientation Phase) other than visits from
an attorney or minister.
9.
Residents in the Technical Violator Program who earn visitation privileges may
be allowed visitors near the end of their confinement only.
10. Restrictions may be placed on articles
taken into the visitation area. Additional restrictions and conditions may be
imposed considering the therapeutic benefits, space limitations, and risks to
security and order.
11. Special
visits between regularly scheduled visitation times may be allowed in certain
circumstances when approved by the center supervisor, i.e., complying with
court orders, signing documents, when requested by the Department of Human
Services, accommodating a visitor from out-of-town, ministers, job
interviewers, housing representatives, or other representatives assisting the
resident with transition back into the community. Individuals allowed to make
special visits are required to show photo identification and wear a visitor
badge.
12. The resident is
responsible to provide an application form, AR 7.24 Form 1, to each person
he/she wants to receive as a visitor.
VI.
ATTACHMENT.
AR 7.24 Form 1a - Resident Visitation Application
AR 7.24 Form 1b - Resident Visitation Rule and Conditions
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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