004.00.92 Ark. Code R. 014

Current through Register Vol. 49, No. 9, September, 2024

Rule 004.00.92-014 - Inmate Visitation

865Inmate Visitation

I.AUTHORITY;

The authority of the Board of Correction to promulgate this regulation is vested in Act 50 of 1968, First Extraordinary Session.

II.PURPOSE;

To describe the inmate visiting program that will be used in the Department of Correction.

III.APPLICABILITY;

All employees and especially those involved in the visitation process; inmates; and visitors.

IV.DEFINITIONS;

A.Immediate Family Member; consists of the inmate's father, mother, sisters, brothers, spouse, children, grandparents, grandchildren, and may include other relatives whose relationship with the inmate has been verified as that of a parent or guardian.

B.Special Visit; visits which occur on days other than regular visitation days; visits granted to an inmate who normally may not receive a visit; and/or an extended visitation period.

V.POLICY;

It shall be the policy of the Department of Correction to permit inmates to have visits with family, friends, attorneys, and spiritual advisors under conditions that are consistent with the security and good order of departmental operations.

VI.PROCEDURES;

Visits shall be scheduled regularly at times that will assure reasonable access to inmates and in accordance with the appropriate administrative directive and unit/center standard operating procedures. Each unit/center shall maintain a list of visitors approved for visitation of individual inmates.

Rules pertaining to visitation shall be readily available for visitors and inmates.

A. Approval

1. Persons under the age of 18 may visit only with the permission of a parent or guardian.

2. Prospective visitors shall be subject to an approval inquiry.

a. There will be no approval inquiry required for attorneys and ministers of record.

3. Persons with a prior criminal conviction(s) may be considered for a visit with an immediate family member.

4. Upon good cause or substantial evidence, persons believed to have a detrimental effect on the iinmate or who constitute a threat to the security and good order of the unit/center may be removed from an approved visitation list upon authorization of the warden/center supervisor.

B. Searches

1. Visitors shall be made aware they shall be subject to a search prior to visiting with an inmate.

2. All searches shall be conducted in accordance with the appropriate administrative regulation and directives concerning searches for and control of contraband.

C. Visiting Conditions

1. Visits shall be supervised by staff at all times during the allocated time.

2. Consistent with the security needs of the unit/center, contact visits may be restricted.

a. Where contact visitation is allowed, the inmate and visitors may briefly embrace upon arrival and departure and may sit side-by-side. Small children may sit on the inmate's lap.

3. An attorney visiting area shall be provided to ensure privileged communications between inmates and their attorneys; however, the area used for these visits are subject to general staff supervision.

C. Visitation Restrictions

1. Limitations may be imposed on the number of visitors an inmate may have at one time.

2. Items carried into the visitation area by the visitor and inmate shall be restricted.

3. Any behavior on the part of the inmate or visitor which is or may be disruptive to the security and good order of the unit/center or is in violation of departmental policy/procedure will result in denial or termination of the visit.

4. Other restrictions may apply as indicated in the appropriate administrative directive (s) and/Jor unit/center standard operating procedure(s).

D. Records

1. Staff assigned visitation duties shall maintain a record of approved visitors.

2. All visits shall be documented as to date, person visiting, time visited, and any unusual incidents.

E. Special Visits

1. Upon approval of the warden/center supervisor, special, visits may be allowed for attorneys, spiritual advisors, inmates in special housing/assignment/status, and persons residing outside a set radius from the unit/center.

2. Special visits shall be scheduled in accordance with guidelines established in the appropriate administrative directive(s) and unit/center procedure(s).

VII.A.C.A. REFERENCE;

3-4440, 3-4441, 3-4442, 3-4445, 3-4446, 3-4255.

Board of Correction Approval Date: 12/17/92

Attorney General Review Date: 12/17/92

Date Filed Secy, of State: 12/18/92

Supersedes: 865

Dated: 10719/84

004.00.92 Ark. Code R. 014

12/21/1992