RULE 159.00.04-001 - AR 7.24 - Resident Visitation

RULE 159.00.04-001. AR 7.24 - Resident Visitation

DCC AR 7.24 RESIDENT VISITATION

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

II. APPLICABILITY. This policy applies to staff, residents, and persons who visit residents at residential centers administered or operated by the Arkansas Department of Community Correction (DCC).

III. POLICY. Residents are permitted to have visits with their family, friends, attorneys, and ministers under conditions consistent with applicable law, good order and department rules and regulations. Staff must show respect toward visitors without compromising safety and security. Individuals may apply to visit residents and submit to an approval process which includes an investigation. Further, for the purpose of security and good order, searches of individuals and property may be conducted and contraband, evidence, or potential evidence of a crime seized.

IV. DEFINITIONS.

A. Contraband. Property an offender should not produce, grow, manufacture, or possess because it is illegal, against community correction center rules, or is prohibited by parole/probation conditions.

B. Evidence. Anything which may be helpful in forming a conclusion or judgment about illegal or unauthorized activity; and testimony, writings, or material objects offered in proof of an alleged fact or proposition.

C. Minister. A person who has been ordained and/or licensed or authorized by a sitting Pastor of a church of record to serve as spiritual advisors to offenders. Documentation of such authorization is on file at the DCC residential center.

D. Pat Search. A means for detecting contraband hidden on a persons body that involves patting or sliding the hands along the fully-clothed body of a person.

E. Reasonable Suspicion. A degree of certainty based on facts and reasonable inferences drawn there from that cause one to believe that a person has violated the law or agency policy.

F. Residents. Offenders incarcerated or confined in DCC residential centers.

G. Tobacco Products. Any smoking or smokeless tobacco product.

V. GUIDELINES.

A. General Information. To support the objectives of DCC programming, residents will be allowed to receive visitors, following appropriate applicant screening to assure safety and security of employees and residents. The DCC can limit visitation in accordance with applicable law and for such reasons as programming requirements, resident behavior, and scheduling requirements. People who wish to visit residents must apply using Form 1, A Center Visitation Application. @ For the safety of residents, staff, and visitors, certain precautions are necessary including conducting a background check of people who apply to visit residents. Applicants will be screened giving weight to the potential for therapeutic benefit of their visit against likely harm or bad influence which may result. Investigations will consist of an ACIC/NCIC criminal history check, assessment of information provided on the Visitor Application Form, and any information obtained from Parole/Probation Officers, residents, or other reliable sources. Staff also use metal/drug detection equipment and conduct pat searches when appropriate. Violators of rules are subject to prosecution pursuant to Arkansas Code Annotated ' 5-54-119. Visitors must follow rules to ensure safety, security, and to set the example for residents who are learning to follow rules. Although precautions are taken to assure safety and security, visitors must understand there are risks. Visitors are welcome.

B. Identification. Upon entrance of a DCC residential center, all visitors will be required to show photo identification, follow staff instructions, and comply with the visitation policy, procedures and rules.

C. Treatment of Others. Staff, residents, and visitors must respect others civil rights and must not engage in retaliatory acts against anyone who claims or reports harassment.

D. Searches. Any personal or State property is subject to reasonable search when on State property or in the possession of someone on State property. Visitors may be pat searched by an authorized person of the same gender. Visitors who refuse to be searched are subject to having their visitation ended, being barred from entering or remaining on DCC property, and having visitation privileges revoked. Circumstances that may lead to search include the following: a special security search of people entering, leaving, or currently on DCC premises; before, during, or immediately following a visit with a resident; when there is A reasonable suspicions of possession of contraband (see description on Form 1); if a major crime/critical incident has occurred in which contraband or evidence is involved; and in conjunction with the drug testing process. Visitors may be asked to wait in the area for permission to enter; however, they may not be detained and are free to leave at any time they choose. Visitors must sign out upon leaving.

E. Visitation Conditions and Restrictions.

1. Visitors must complete, sign and have on file an approved Visitation Application (Form 1) at the appropriate center prior to being allowed resident visitation.

2. Visits will be continuously supervised by staff.

3. Visitors are subject to pat search before, during, or following a visit.

4. An attorney visitation area will be provided upon request to ensure privileged communication between the attorney and client, however, the area is subject to general staff supervision. No background investigation is required for attorneys. However, an attorney may be asked to sign a statement indicating he/she is a licensed attorney and represents (attorney of record) or is in the process of determining whether to represent the resident.

5. The number of concurrent visitors for a resident may be limited.

6. Visits may be terminated, restricted or suspended if there is poor or disruptive behavior on the part of the resident or visitor or-as part of a therapeutic measure imposed on a resident for rule violations.

7. Visits will not be allowed for residents in Disciplinary Detention or Reflection Chair status.

8. Residents may not have visitors while in Treatment Phase 1 (Orientation Phase) other than visits from an attorney or minister.

9. Residents in the Technical Violator Program who earn visitation privileges may be allowed visitors near the end of their confinement only.

10. Restrictions may be placed on articles taken into the visitation area. Additional restrictions and conditions may be imposed considering the therapeutic benefits, space limitations, and risks to security and order.

11. Special visits between regularly scheduled visitation times may be allowed in certain circumstances when approved by the center supervisor, i.e., complying with court orders, signing documents, when requested by the Department of Human Services, accommodating a visitor from out-of-town, ministers, job interviewers, housing representatives, or other representatives assisting the resident with transition back into the community. Individuals allowed to make special visits are required to show photo identification and wear a visitor badge.

12. The resident is responsible to provide an application form, AR 7.24 Form 1, to each person he/she wants to receive as a visitor.

VI. ATTACHMENT.

AR 7.24 Form 1 Resident Visitation Application

(8/12/2004)

The following state regulations pages link to this page.