Arkansas Administrative Code
Agency 159 - Department of Community Correction
Rule 159.00.17-005 - Safety, Security and Sanitation at Residential Centers

1. Is certified by the appropriate State and/or Federal authority, if required, for the determined inspection;

2. Is familiar with applicable Federal, State and municipal codes, regulations and requirements;

3. Is able to use appropriate instruments for measuring and documenting code compliance;

4. Is able to complete checklists and prepare necessary reports; and,

5. Has authority to make corrections when deficiencies are found, or responsibility to report deficiencies to the appropriate authority.

1. Promote public safety

2. Ensure employee and offender safety

3. Ensure appropriate security procedures are in place

4. Comply with American Correctional Association standards, federal and State law

5. Ensure residential facilities operated by ACC comply with Prison Rape Elimination Act (PREA) Standards

6. Ensure residential centers operated by ACC comply with The Division of Behavioral Health (DBHS) standards for licensure

7. Comply with applicable national and local fire codes

8. Comply with applicable building and environmental codes and zoning ordinances

9. Deter escape

10. Detect contraband

11. Secure evidence or ensure it is secured by local or State police, and

12. Hold offenders accountable for violations of law.

1. Control of residential center access/egress to prevent contraband, theft and escape

2. Designation of employees subject to recall to duty for emergency response

3. Threat analysis

4. Plans for significant and likely threats based on threat analysis

5. Annual review of plans

6. Training and drills

7. Conducting contraband searches of centers

8. Regular safety/security inspections of centers by qualified inspectors

9. A system to control keys, tools, chemicals and equipment

10. Appropriate safety/security training for employees and offenders

11. Assignment of responsibility for supervisory oversight of safety/security programs and activities

12. Inclusion of appropriate safety and security responsibilities in job descriptions, post orders or performance standards

13. Establishing a means for review of inspection reports and incident/accident reports and assigning responsibility for resolving potential or actual safety/security hazards and/or problems

14. Procedures and guidelines for conducting searches of offenders, employees, interns, volunteers, visitors and contractors at centers

15. Complying with employee chemical right to know requirements

16. A process for ensuring compliance with applicable national codes and local fire codes

17. A process for ensuring compliance with applicable building and environmental codes and zoning ordinances

18. A process to inform all newly hired employees that as a condition of employment they must agree to be subject to a personal search and to have their personal property searched while on State property, and,

19. Establishing a system for preservation, control and disposition of physical evidence.

1. Pat Searches by Employees. When authorized employees conduct pat searches they may include a visual inspection of the mouth, nose or ears and may ask people to remove outer garments such as coats, jackets and shoes before conducting the pat search. Such outer garments, toolboxes, briefcases or other containers may also be searched.

2. Searching Visitors. Contractors and Volunteers. Arkansas Community Correction may establish rules for pat searching visitors, contractors and volunteers.

3. Strip Searches of Residents. Residents may be strip searched when there is suspicion or upon entering or prior to departure from a secure area of a center. Strip search of an offender must be done by an employee of the same gender and should be observed by another staff member of the same gender when such person is readily available. Strip searches must NOT be conducted by or observed by a person of the opposite gender except when performed/observed by medical practitioners or when the same-gender requirement is waived during an exigent situation. An exigent situation is an urgent situation requiring immediate action. The search should be conducted in a location and manner that protects the resident's privacy and, to the extent possible, keeps the search and results confidential. These restrictions may be waived during an emergency such as an escape or riot. All cross-gender strip searches of residents must be documented.

4. Body Cavity Search of Residents. Residents may be required to undergo a body cavity search conducted by a nurse, nurse practitioner, physician assistant or physician when there is reasonable suspicion and with the approval of the Center Supervisor or higher authority. The mouth, ears and nose should also be examined as part of the body cavity search. An ACC employee of the same gender must be present to witness the search and collect any contraband or evidence. The search must be conducted in a location and manner that protects the offender's resident's privacy and, to the extent possible, keeps the search and results confidential.

5. Pat Searches of Employees. Arkansas Community Correction must develop procedures for pat searches of employees.

6. Strip Searches of Employees at a Residential Center. Employees at a residential center may be strip searched with the approval of the Deputy Director of Residential Services or higher authority when there is reasonable suspicion. Strip search of an employee must be done by an employee of the same gender and must be observed by a second employee of the same gender. The search should be conducted in a location and manner that protects the employee's privacy and to the extent possible, keeps the search and results confidential.