004-01-20 Ark. Code R. § 10

Current through Register Vol. 49, No. 6, June, 2024

Rule 004.01.20-010 - Resident Publications

I. AUTHORITY. The Board of Corrections is vested with the authority to promulgate this rule by Ark. Code Ann. §§ 12-27-105, 16-93-1203, and 16-93-1205.

II. APPLICABILITY. All Department of Community Correction (DCC) staff and residents.

III.POLICY. It is Board policy that residents may receive publications from recognized commercial 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 center or if they propose, condone, or provide information likely to facilitate criminal activity.

IV.DEFINITIONS.

A.Publications. Printed or electronic media such as books, magazines, catalogs, advertising brochures, religious tracts, or newspapers.

B.Commercial Outlet. Organizations such as a publisher, bookstore, educational, or vocational institute.

C.Charitable Outlet. An incorporated nonprofit organization established to promote literacy or to provide literature for indigent residents, or a religious group.

V.GUIDELINES.

A. The Center Supervisor shall designate staff to review incoming publications.

B. All publications are subject to inspection and may be rejected if found to be detrimental to the security, discipline, or good order of the center or if they propose, condone, or provide information likely to facilitate criminal activity or if they are not from recognized commercial or charitable outlets.

1. Examples of material which would cause publications to be rejected are materials which:

a. provide instructions for devising weapons or for combat techniques which would endanger center security or safety;

b. encourage or describe methods of escape;

c. provide instructions for production of alcohol or other drugs;

d. promote illegal discrimination, violence, verbal or sexual abuse or inflammatory attitudes toward any race, sex, age, handicap, or other individuals or group(s).

e. encourage or instruct in the commission of criminal activity, or depict in graphic and provocative fashion, illicit actions including illegal sexual behavior;

2. Publications recommended for rejection will be referred to the Assistant Center Supervisor who will review and make a determination within 10 days. The Assistant Center Supervisor's decision can be appealed to the Center Supervisor. 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 Center Supervisor must approve or reject the publication within 10 days of receipt. If the publication is rejected the resident must be notified, in writing, of any decision to reject and the basis for rejection of the publication. The resident is also notified of appeal procedure and options for disposing of the publication. The resident must sign that the notice of rejection has been received and has 15 days from notification to appeal the decision. Should the resident refuse to sign, an employee will attest to the fact that the resident was duly notified.

D. The decision to reject a publication may be appealed further to the Deputy Director of Residential Services. This appeal must also be initiated within ten (10) days of receipt of the Center Supervisor's decision.

E. Any rejected publication will be held safe by the Center Supervisor until the appeal process has been completed, or until the 15-day period for filing an appeal has expired.

F. Options for disposing of a rejected publication are as follows:

1. Destruction,

2. Return of the publication to the sender at the expense of the resident unless return postage is guaranteed,

3. Mailing the publication to a third party at the expense of the resident.

Board Approval Date: 5/30/02

Effective Date: 9/15/02

004.01.20 Ark. Code R. § 010

Adopted by Arkansas Register Volume MMXXI Number 07, Effective 9/15/2002