Arkansas Administrative Code
Agency 159 - Department of Community Correction
Rule 159.00.13-002 - Rule 7.4 - Public Release of Offender Information; and to repeal DCP 7.4 - Offender Records
Universal Citation: AR Admin Rules 159.00.13-002
Current through Register Vol. 49, No. 2, February 2024
AR 7.4 PUBLIC RELEASE OF OFFENDER INFORMATION
I.
AUTHORITY. The Board of Corrections is vested with the authority
to promulgate this administrative regulation by Ark. Code Ann.
12-27-105,
16-93-1203,
and
16-93-1205.
II.
APPLICABILITY. This applies
to Arkansas Community Correction (ACC) employees and medical contractor
staff.
III.
POLICY.
ACC must maintain a full and complete record of every offender under its
supervision and protect the integrity of such records in accordance with
Arkansas law section
12-27-125(b).
IV.
DEFINITION.
Offender Record. A full and complete record in written or electronic form of each person supervised by Arkansas Community Correction, which must include but is not limited to a photograph of the convicted person, conviction data, criminal history, and electronic transmissions and recordings that chronicle the activities and conversations of offenders.
V.
RELEASE
OF INFORMATION.
A. Disclosure or
inspection of information contained in offender records is prohibited unless
authorized by this Administrative Regulation or by court order.
B. Only the following information from an
offender record for an offender housed at an ACC facility may be released to
the general public:
1. Offender's name,
aliases, ACC number, photograph, physical description, date of birth, date of
death, age, race, and gender.
2.
Date of confinement.
3.
Facility(ies) of confinement, work assignments, and program participation
(unless it involves drug and alcohol or mental health program
participation).
4. Current
offense(s), sentence(s), sentence date(s), county(ies) of conviction, case
number(s), total time to serve, parole/transfer eligibility date, movements and
behavior.
5. Prior confinement,
offense(s), sentence(s), sentence date(s), county(ies) of conviction, case
number(s), movements, behavior and parole/clemency history, including date(s)
of release and date(s) of return to ACC or ADC.
6. Detainers.
7. Furloughs.
8. Escape history.
C. Only the following information from an
offender record for an offender on probation or parole with ACC may be released
to the general public:
1. Offender's name,
aliases, photograph, physical description, date of birth, date of death, age,
race and gender.
2. Dates of
supervision.
3. Office of
supervision and program completion while under supervision (unless it involves
drug and alcohol or mental health program participation).
4. Current Supervision: offense(s),
sentence(s), sentence date(s), county(ies) of conviction, case number(s), total
time to serve on supervision, revocation history, transfers, adherence to
conditions of release and behavior.
5. Prior supervision: offense(s),
sentences(s), sentence date(s), county(ies) of conviction, case number(s),
transfers, adherence to conditions of release, clemency history, including
date(s) or release and date(s) or return to ACC or ADC.
6. Detainers.
7. Furloughs.
8. Escape history.
D. Information from an offender record in
addition to paragraphs B and C above may be released to criminal justice
agencies and other governmental authorities unless state or federal law
prohibits such disclosure.
E.
Information contained in offender records in addition to paragraphs B and C
above may be released to appropriate personnel for research and audit
purposes.
F. Access to an
offender's own record may be granted, or information from the record may be
released to the offender and/or his attorney as needed to resolve legitimate
questions about the accuracy of information in the record or as required by
rules of discovery in pending litigation. The names of confidential informants
and other sensitive or confidential information the disclosure of which might
cause harm to any person are exempt from disclosure except pursuant to court
order.
G. An offender will not be
permitted to peruse his/her file at will. The request for access to the file or
information contained therein must be made in writing to the Center Supervisor
or Area Manager or his/her designee. The offender must state with particularity
the information or parts of the file to which access is requested; and the
offender's request must be supported by a showing of compelling need. The
decision of the Center Supervisor or Area Manager or his/her designee to grant
or deny the offender's request is final.
H. An offender will not be given access to
another offender's record or any information contained therein.
VI.
REFERENCE.
Arkansas Law section 12-27-125(b)
Board Approval Date: 1/23/2014
Reference: 159.
Effective Date: 1/31/2014
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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