Arkansas Administrative Code
Agency 159 - Department of Community Correction
Rule 159.00.17-005 - Safety, Security and Sanitation at Residential Centers
Universal Citation: AR Admin Rules 159.00.17-005
Current through Register Vol. 49, No. 9, September, 2024
ACC 4.1 SAFETY, SECURITY AND SANITATION AT RESIDENTIAL CENTERS
I.
AUTHORITY. The Board of Corrections is vested with the authority
to promulgate administration regulations by Arkansas law sections
12-27-105,
16-93-1203
and
16-93-1205.
II.
APPLICABILITY. This
regulation applies to Arkansas Community Correction employees and
offenders.
III.
POLICY. Arkansas Community Correction will promote the safety and
security of the public, employees and supervised offenders; provide guidance
designed to reduce the occurrence of accidents, victimization, injury, illness
or loss of life; and deter or minimize loss or damage to public
property.
IV.
DEFINITIONS.
A.
Qualified
Inspector. An individual who meets the following criteria as it pertains
to the type inspection(s) to be conducted:
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.
B.
Safety. Measures taken to
promote the physical and mental well-being of the public, employees or
offenders and the protection of property.
C.
Security. Measures intended
to prevent sabotage, attack, escape, theft of property, other crimes, or to
deter unauthorized access to or disclosure of protected agency
information.
V.
GUIDELINES.
A.
Safety and
Security Program Objectives. Arkansas Community Correction will have a
safety and security program to meet the following objectives:
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.
B.
Safety and Security Guidance.
Written policy, procedure and/or practice will provide for the following:
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.
C.
Searches in General of Property on ACC Owned or Leased Property.
Any personal or State property, including vehicles, is subject to search when
on ACC owned or leased residential center property.
D.
Searches of Persons. Any
person on residential center owned or leased property is subject to search.
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.
E.
Sanitation and Food Service
Safety. A means will be established for ensuring sanitation and food
service safety at centers. The sanitation and food service safety program must
ensure compliance with Health Department and American Correctional Association
standards.
VI.
REFERENCE. The Public Employees' Chemical Right to Know Act,
(Arkansas law beginning at section
8-7-1001).
Board Approval Date: 9/22/2017
Reference: Sec. of State 159
Effective Date: 12/15/2017
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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