Arkansas Division of Correction
November 2022
Dexter Payne
Director
ii
Arkansas Division of Correction (ADC)
Inmate
Handbook
Rules Governing the Management of the Arkansas Penitentiary, April 1, 1915
Inmate Handbook, October 1969
1st Printing, December 1971
2nd Printing, July 1972 (Revised)
3rd Printing, November 1972 (Revised)
4th Printing, January 1975 (Revised)
5th Printing, July 1978 (Revised)
6th Printing, May 1981 (Revised)
7th Printing, August 1981
8th Printing, October 1983 (Revised and Recalled)
9th Printing, September 1986 (Revised)
10th Printing, February 1991 (Revised)
11th Printing, February 1994 (Revised)
12th Printing, December 2001 (Revised)
13th Printing, May 2006 (Revised)
14th Printing, January 2007 (Revised)
15th Printing, October 2010 (Revised)
16th Printing, October 2011 (Revised)
17th Printing, October 2012 (Revised)
18th Printing, July 2013 (Updated)
19th Printing, August 2013 (Updated)
20th Printing, June 2015 (Revised)
21st Printing, November 2017 (Revised)
22nd Printing, March 2020 (Revised)
23rd Printing, November 2022 (Revised)
Printed by Arkansas Correctional Industries
Prepared by:
The Research and Planning Division
Tiffanye Compton, Research & Planning Administrator
Darrell McHenry, Research Analyst
iii
Table of Contents
Introduction 4 Disciplinary Process 17
Mission & Vision Statement 4 Disciplinary Rule Violations 21
Intake Process 4 Disciplinary Sanctions 26
Statutory Responsibilities 5 Restrictive Housing 29
Veteran Benefits & Social Security 5 Medical Services 30
Initial Assignment 5 Program Services 31
Transfers 5 Right to Vote 36
Classification 6 Recreation 36
Work Assignment 6 Education 37
Detainer 7 Religious Services 37
Interstate Compact 7 Mail Policy/Packages 38
Following Orders 8 Publications 40
Living in a Prison Setting 8 Visitation 41
Cleanliness 8 Furloughs 45
Grooming Policy 9 Commissary 47
Personal Clothing & Property 9 Money 48
Count 10 Marriage 49
Searches 11 Law Library 49
Contraband 11 Inmate Groups 49
Tobacco Regulations 11 Parole/Transfer and Pardons 50
Substance Abuse 11 Executive Clemency 50
Food Service 11 Emergency Powers Act 51
Security Threat Groups (STTG) 12 Legal Assistance 51
Telephone Use 12 Supermax 52
Prison Rape Elimination Act 13
Inmate Grievance Procedure 15
Introduction
This handbook provides basic information about the Arkansas Division of
Correction (ADC) policies and procedures. This handbook is intended to
assist you during the time you are incarcerated. It contains a list of
prohibited acts; provides a brief description of the disciplinary process; and
outlines disciplinary actions which may be taken. Read this book
thoroughly as you are expected to follow all policies, rules and comply
with these regulations. You are encouraged to seek clarification when you
have questions or are unclear about something. The ADC is committed to
professionalism and strives to meet the strict guidelines set forth by the
American Correctional Association. The rights and dignity of every person
are respected in a spirit of staff, management and inmate cooperation.
*The information in this handbook does not cover every possible
situation, and it may not reflect recent changes in policy or procedures.
ADC policies are available to you in your units law library. You should
always refer to the most recent policy as policies are reviewed annually for
potential updates. You should focus on reentry from the day you arrive, as
your actions will impact how you serve your time and whether you are
better prepared upon your release.
Mission Statement
The mission of the Arkansas Division of Correction is to provide public
safety by carrying out the mandates of the courts; provide a safe humane
environment for staff and inmates; strengthen the work ethic through
teaching of good habits; and provide opportunities for staff and inmates to
improve spiritually, mentally, and physically.
Vision Statement
The vision of the Arkansas Division of Correction is to be an honorable
and professional organization through ethical and innovative leadership at
all levels, providing cost efficient, superior correctional services that return
productive people to the community.
Intake
All inmates go through a diagnostic process called intake. During intake,
inmates are given medical, mental health, and academic examination; court
papers are reviewed; counselors gather information through interviews;
program recommendations are made; a risk score is calculated; and a
general orientation takes place. When possible, programming will begin
during the intake period.
You will be photographed during intake and have an inmate identification
(ID) card made containing your picture and inmate ADC number (number
and bar code). If your appearance changes at any time during your
incarceration, a new photograph will be taken. You must wear the ID card
4
5
around your neck on an approved device provided by the ADC. Possession
of or use of another inmates ID card is prohibited. Lost or stolen ID cards
are to be reported and replaced immediately. An inmates account shall be
charged $2 for replacing a card. Inmates will not be charged a replacement
fee for cards replaced as a result of normal usage.
Intake generally takes about 3 to 5 days, but it can last longer (i.e., COVID
protocols, bed needs, security dictates different, etc.). It is during intake that
inmates can set up an account to purchase items from the unit commissary.
Inmates cannot have visitors during intake, but you will have access to a
portable phone for the PREA report line and legal calls if needed; otherwise,
no telephone use while in the lockdown area of intake. Once you move into
the intake step-down barracks, telephone use is allowed.
Inmate Statutory Responsibilities
While in the custody of the ADC, you must follow department policies and
all state and federal laws, including the requirement to file income tax
returns if you have taxable income during the tax year. If you are unable to
file income tax returns, it is your responsibility to ask for assistance. If you
receive an income tax refund check, the appropriate tax agency will be
contacted for approval before the check is deposited into your account.
Other legal obligations do not terminate due to incarceration. You are still
required to fulfill certain financial/legal obligations, such as child support
during incarceration. However, you can petition the court that entered the
order and request a modification of the obligation.
Veterans Benefits and Social Security Income
If you are receiving Veterans benefits or Social Security Income, that agency
determines whether to continue sending the benefits to you.
Initial Assignment
After intake, inmates are transferred to a parent unit for their initial
assignment. Exceptions for initial assignments may be made for health
reasons, security concerns or program assignments. The initial assignment
lasts a minimum of 60 days. Behavior, bed space, job availability, health and
institutional needs dictate future assignments.
Transfers
Any inmate may request a transfer to another ADC unit. The request must be
in writing and given to your Unit Warden and/or classification officer and
should be placed in the unit mail. The decision to transfer an inmate is based
upon available bed space, institutional needs, security level and other
factors.
6
Classification
Inmates are classified in three ways: custody classification, good-time
earning classification and medical classification. Custody classification is the
result of scoring established criteria including crime, length of sentence,
disciplinary record, prior violence, escape history and various other factors
that determine risk to the public and risk within the institution. Custody
classification is used to determine which facilities an inmate can be assigned.
Good-time classification places inmates in Class I, II, III or IV status. Class I
is the highest classification/class status an inmate can obtain and Class IV is
the lowest class status. Class promotion is not automatic. It is up to you to
earn Class I status and your class can be reduced because of disciplinary
problems. Promotions in class status are decided by the Unit Classification
Committee, which makes the decisions based on your past and current
behavior and recommendations from your work supervisor and/or other staff.
The classification committee also makes transfer decisions, housing and
work assignments.
Class I - an inmate in class I status may receive a total of 30 days reduction
of parole/transfer eligibility date for each month served.
Class II - an inmate in class II status may receive a total of 20 days
reduction of parole/transfer eligibility date for each month served. All
inmates and parole violators will be placed in Class II status upon their
arrival in ADC unless the inmate is being returned as the result of
disciplinary action and has been reduced below Class II status. An offender
released by the Parole Board may be reduced to this class by the Hearing
Judge.
Class III - an inmate in class III status may receive a total of 10 days
reduction of parole/transfer eligibility for each month served.
Class IV - inmates in class IV status do not receive good time. This class is
generally referred to as flat timeor day-for-day”.
Meritorious good time is not a right that inmates are entitled to; it is awarded
based on good behavior, outstanding work record and institutional
adjustment. Meritorious good time may be given for being housed in a jail or
a similar secure facility while awaiting transfer to ADC, unless the sheriff or
designee submits written objections to the award based on the inmates
behavior, discipline and conduct while awaiting transfer.
Healthcare professionals determine medical classifications and restrictions,
which are considered in making work assignments.
Work Assignments
The Unit Classification Committee or Officer will make all work
assignments. Programming assignments are considered work assignments.
All inmates who are medically able are expected to work and disciplinaries
will be written for refusing a work assignment. ADC does not pay wages to
7
to inmates, nor does ADC charge for basic hygiene items, meals, laundry
services, etc.
Unit Reassignments
Any inmate may be assigned or reassigned to an appropriate unit because of
poor institutional adjustment, disciplinary record, security concerns or
institutional needs.
Promotion and Reclassification
After completing your initial assignment, you may apply to your immediate
supervisor for promotion or reclassification. Reclassification is not
automatic, you must apply for consideration. Your immediate supervisor
must recommend a promotion or reclassification. To be eligible for
consideration, you must not be found guilty of a major rule violation for at
least 60 days. If you receive a minor disciplinary, warning, reprimand or
suspended sentence, you are not eligible for consideration for 30 days. If you
are found guilty of a rule violation, you will not be eligible for consideration
until the designated period has expired unless specifically approved by the
Warden. This period does not include time you spent in punitive
isolation.
Examples below include:
Infraction Time
Possession/introduction/use of cell phone 1 year
Assault/battery of an employee or throwing
any substance 1 year
Felonious battery 1 year
Escape or attempted escape 1 year
Homicide or attempted homicide 1 year
Possession/manufacture of contraband 1 year
Third or subsequent guilty verdict for Indecent
Exposure and/or Masturbation 1 year
Sexual activity 3 months
Tobacco, drugs and alcohol 3 months
After receiving reclassification, you must not receive a disciplinary for at
least 30 days before appearing before the Unit Classification Committee to
ask for another reclassification.
Detainer
A detainer is a hold placed on an inmate by a law enforcement agency that
has charges pending against the inmate.
Interstate Compact
Under the Interstate Compact Agreement, an inmate can serve his/her
Arkansas sentence in another states correctional system but only under
8
certain circumstances and only if both states agree. Interstate Compact
inmates that are housed in the ADC for another state, cannot be awarded
Class IA, IB or otherwise a class status that allows the inmate to work
outside the confinements of the fence without armed supervision.
Following Orders
You must follow lawful orders. If you violate the rules either by failing
to act (such as reporting for work on time) or by acting in ways that are
contrary to the rules, you will be disciplined. Always follow the last
instructions given by staff.
Living in a Prison Setting
Your cooperation and attitude toward yourself, staff and other inmates,
play an important role in how you will get along. The staff is here to
help while making sure that order and safety are maintained in the
institution. When talking to staff and other inmates, you are expected to
use a respectful tone and words.
Rehabilitation is a word that you will hear a lot. It means a rebuilding of
attitudes, values, work skills, and education. The ADC provides many
programs that can help you with the rebuilding process, and you are
encouraged to take advantage of the services offered, including
substance abuse treatment, classes to assist with anger management,
religious programs, reentry programs, academic education, career and
technical education and work programs. Seek out opportunities to
improve your skills to be successful in the future.
Lights Out
Normally, bedtime/lights out will be at 10:30 p.m. nightly. At that time,
all televisions will be turned off. The Warden may, at his/her discretion,
occasionally authorize special events beyond this time. At the discretion
of the Warden, if you have an approved radio, MP3 Player or MP4
Player with headphones or a tablet, you may continue to listen after
lights out. Radios can be purchased through the commissary and tablets
are issued at each facility if the inmate meets the criteria. Tablets are
returned upon release (i.e., parole or discharge).
Cleanliness
You are expected to be neat and clean, and the ADC provides basic
items necessary for good grooming. During intake, you are issued
personal hygiene items and clothing, which will be laundered regularly
and kept in good condition. You may buy additional grooming items
from the commissary. You are encouraged to shower regularly. Barber
or beautician services are available that comply with the ADC grooming
policy.
9
Any time you leave your living area, you should be dressed properly.
This means shoes, socks, pants, shirts, and other apparel.
It is your responsibility to keep your living area clean and orderly. You
are not allowed to attach anything to any walls, windows, ceiling, or
floor of the institution, whether you live in a barracks, cell or room. Your
bed should be neatly made before leaving your living area.
Grooming Policy
All inmates are expected to conform to the grooming policy. All inmates
must maintain a hair style that is worn loose, clean and neatly combed.
No styles are permitted that make it difficult to search the hair. No
extreme styles are permitted, including cornrows, braids, ponytails, dread
locks or mohawks. No inmates are permitted to wear or possess
hairpieces, weaves, or wigs. If an inmate chooses to maintain facial hair,
it must be worn loose, clean and neatly combed. If an inmate chooses to
maintain facial hair, he will be required to shave so that his appearance
without facial hair can be documented. Nails on hands and feet will be
clipped so as not to extend beyond the tip of fingers or toes.
You must maintain standards of hygiene that do not create a health
hazard or public nuisance. If your personal hygiene falls below these
standards, the Chief of Security (CSO) may order steps to gain your
compliance. Failure to abide by grooming standards is grounds for
disciplinary action.
Personal Clothing
The ADC provides uniforms, undergarments, a pair of shoes, soap,
toothbrush, toothpaste, safety razor with blade, bath towels and feminine
hygiene items. Seasonal items may also be provided such as a toboggan
cap, jacket or coat and thermal underwear.
Jewelry
Personal jewelry allowed includes one wristwatch, one plain metal ring
or wedding band and one religious medal or emblem worn on your ID
chain. The religious medal/emblem must be approved by the chaplain.
The value of each item cannot exceed $50. A wedding band can have a
higher value, but you must sign a waiver of liability.
Inmate Lockers/Locks
When lockers are necessary, the ADC may provide them to you;
however, at some facilities we may not. If lockers are provided, locks are
available in the commissary. The locks combination must be provided to
the security office. The administration reserves the right to maintain
access to all lockers. If the combination is not made available to the
administration, entry will be made at your expense.
10
Property
Property is defined as:
1. Personal Property - items that are owned by you and are authorized to
be retained on your person or in your living or storage area.
2. State Issued Property - items that are issued to you by the institution
and may be retained within a reasonable amount.
Property Transfer
If you are transferred to another unit, your property will also be
transferred. If there are excessive items or items not allowed at that unit,
you may send the items home at your expense, have someone pick up
the items at the unit, or authorize the destruction of the items.
When an emergency situation is declared, the ADC is not responsible for
any property that is lost, stolen, damaged, consumed or discarded.
Photographs
You may have up to five personal photographs that are not nude or
sexually suggestive. Photographs cannot contain subject matter that is
disruptive in nature or would threaten security or the good order of the
institution. Digital pictures or images generated by a computer and
xerox copies are considered to be photographs. Photographs may not be
any larger than 8 1/2 x 11 inches. Such photographs may contain either
single or multiple digital images/pictures. However, when digital
images/pictures are cut from an 8 1/2 x 11 inch sheet, it will no longer
be considered as one. Each image cut from the sheet will be counted as
one of the inmates five authorized photographs.
Enemy Alert Lists
If you request that another inmate be placed on your enemy alert list, the
Chief of Security and the Warden will determine whether the alert is
warranted. Staff cannot be placed on an inmates enemy alert list, but a
staff separation can be entered if determined necessary by the ADC.
Fire/Safety Evacuation
Each living area is equipped with an evacuation plan. It is your duty to
become familiar with the evacuation plan.
Count
For count to go as quickly as possible, you are expected to cooperate.
No movement is allowed during count time. Whenever count time is
called, an Officer will explain what to do. If you are in your living
quarters or work area, remain there unless directed otherwise by staff.
Failure to cooperate will result in disciplinary action.
11
Searches/Shake Downs
For everyones protection, you, your personal property, your work area
and your living quarters can be searched at any time. You do not have to
be present during property or living quarter searches. You should not
holdany items for another inmate, nor passan item for another
inmate as you are responsible for any item(s) found on you or in your
area.
Contraband
Any article not authorized nor issued to you as personal property or state
property, nor purchased by you from the commissary, is considered
contraband. Articles in excess of established limits, articles used for
unauthorized purpose and/or articles in your possession in an
unauthorized area are considered contraband. Any item altered from its
original state is also considered contraband. Please also know that not
only are we issuing internal disciplinaries to inmates who are found
to be in possession of a cell phone, we are also referring the matter to
the Arkansas State Police for investigation and possible criminal
prosecution.
Tobacco Regulations
All ADC facilities are tobacco free facilities. You are not allowed to have
any kind of tobacco products. If you are caught with tobacco, the
appropriate disciplinary action will be taken against you for possession
contraband.
Substance Abuse
Prescribed medications should be taken according to an authorized
doctors order only. Drugs and alcohol are not permitted. Synthetic drugs
(i.e. synthetic marijuana (K2), spice, bath salts) are not intended for
human consumption. When these drugs are produced, each batch can
contain different chemicals that are likely to produce effects that are
life-threatening and could cause death. K2, Methamphetamine (meth),
and other related synthetic drugs are highly dangerous and can cause
seizures, vomiting, hallucinations, aggression, paranoia, anxiety and
panic attacks among users. The possession and use of these drugs and
alcohol will not be tolerated, and you will be subject to disciplinary
action and criminal prosecution.
Food Service
Every effort is made to provide, prepare and serve a variety of nutritious
foods. Do not waste food. At least three meals or their equivalent shall be
served daily unless an inmate with a recognized medical condition is
required to be served more often. Meals will be served at regular
scheduled times during each 24-hour period with no more than 14 hours
occurring between the breakfast and evening meals. Exceptions to this
12
14-hour interval may be authorized for weekends and/or holidays as to
the serving of two meals on weekends/holidays. If your religious
practices prevent you from eating certain meats, nutritional substitutes
are offered. A small sign indicating Pork Freeis placed on the steam
table indicating each food item that does not contain pork. A quiet,
orderly, and timely demeanor will be maintained in the chow hall. After
you are finished eating, you will immediately leave the kitchen area.
Alternative Meal Service
Any inmate may be placed on an alternative meal service if observed
misusing food, serving trays, utensils or any items used to prepare, serve
or package meals. An alternative meal is a loaf-style form of
nourishment designed to be eaten without the need for utensils. Water is
the only beverage available with the alternative meal, unless the
responsible facility health provider prescribes a substitute beverage for
medical reasons. Alternative meal service will be for seven (7)
consecutive days or 21 meals before the inmate returns to regular tray
meal. The Unit Warden may reduce the number of alternative meals, if
appropriate.
Foreign Nationals
When foreign nationals who commit offenses and are incarcerated in an
ADC facility, if contacted, the ADC will ensure foreign national inmates
have access to diplomatic representative of their country of citizenship in
accordance with ADC guidelines.
Security Terrorist Threat Groups (STTG)
It is extremely important that each inmate understands the ZERO
TOLERANCE level of Security/Terrorist Threat Groups (STTG)
activity in the ADC. No wearing or marking clothing, in a fashion or
colors that would depict a gang, either in affiliation or slang (no sagging,
pant leg rolled up one side, etc.); no drawing, writing, or pictures, that
could be considered paraphernalia associated with a gang; no
correspondence, either incoming and outgoing, that would be considered
gang affiliated; no codes, slang, or alphabets of any type will be
tolerated; no throwing/flashing hand signs or body language associated
to or against any gang; no possession of any item(s) associated with a
gang. This will be considered contraband, and appropriate action will be
taken. No conversation with other inmates about gang activities, meeting
or recruitment will be tolerated.
Telephone Use
During set hours, you are allowed to make collect calls to people on your
approved telephone list. Three-way calling and call forwarding is not
allowed. All calls except those to an attorney or a known outside rape
counseling services, will be recorded and may be monitored.
13
Emergency Messages
The Chaplain or mental health office will notify you about family
emergencies
Prison Rape Elimination Act (PREA)
On Sept. 4, 2003, the Federal Prison Rape Elimination Act (PREA) was
signed into law. It applies to all confinement institutions housing adult
and juvenile offenders. The Arkansas Department of Corrections has
a zero-tolerancepolicy regarding the sexual abuse of inmates by
staff or other inmates. This applies to ALL employees, contractors,
volunteers, student interns and persons or organizations conducting
business with the ADC and all inmates under the custody or
supervision of the ADC.
Sexual abuse or harassment by a staff member
Arkansas law prohibits any person working in a correctional setting or in
law enforcement from engaging in any sexual act with an inmate. A staff
member is in a position of power and authority over an inmate.
Therefore, with respect to a sexual act between a staff member and an
inmate, there is NO SUCH THING AS CONSENSUAL.
Additionally, it is never, under any circumstances, okay for staff to
engage in sexual abuse or harassment of an inmate. Staff can be charged
with a felony!
As a matter of policy, inmates cannot engage in sexual activity.
Consensual sexual activity between inmates is against ADC policy and
violations will result in administrative sanctions.
Sexual abuse or harassment by an inmate
Sexual abuse is the use of debt, threat of physical harm, peer pressure,
deceit, personal favors or positional authority to force or cajole sexually
abusive contacts, penetration and harassment.
Do not become involved in an exchange of sex for inmate protection
or to pay debts
Do no accept an offer from another inmate for protection. Avoid
becoming involved in gang activity
Do not accept commissary items, gifts, loans or favors from anyone.
Placing yourself in debt to another can lead to the expectation of
repayment with sexual favors
Avoid talking about sex and casual nudity. Such conduct may lead
another to believe that you have interest in a sexual relationship
Sexual Assault is a Crime!
14
Speak up. Do not be a silent victim of sexual assault or rape. Sexual
assault is not part of your sentence!
If you have been sexually assaulted, feel you are being pressured into a
sexual relationship, or feel you are being sexually harassed, you have
multiple methods to report sexual assault/abuse, harassment and
retaliation:
Call the PREA Report Line from any inmate telephone
*0870267
Call the toll free Arkansas State Police PREA Report Line from any
inmate telephone
Tell a trusted staff member, security officer or any supervisor
You can write a note
You can utilize the inmate grievance procedure (please note that
there is no time limit for submitting a PREA grievance)
You can send a letter or note to the Warden/Center Supervisor at
your facility
You can send a letter or note to the PREA Compliance Manager at
your facility
You can send a letter or note to the Departments PREA Coordinator
You can have a family member or friend make a report to the
Warden or DOC PREA Coordinator
You can send a confidential correspondence to a designated
community-based Victim advocacy group (such correspondence will
be treated as legal mail)
All calls will be reviewed. The PREA Report Line is reserved for
legitimate use. Abuse of the PREA Report line (calls not related to
PREA matters) may result in disciplinary action being taken against you.
Investigating allegation of sexual abuse
Report the incident to staff immediately or call the PREA Report Line,
1-870-267-6533. An immediate referral will be made to Health Services
for a physical examination and completion of a rape kit test. Do not
shower or clean yourself after the incident because it will interfere with
the rape test results. A timely and thorough investigation will be
conducted. Evidence will be collected and stored. To protect the victim,
rape complaints will be restricted to those individuals who investigate,
provide assistance or prosecute. The victim will be placed in a safe place
where he/she is not subject to retaliation. The units PREA Response
Team will be notified and will assist the inmate. Statements will be taken
from witnesses and findings will be documented. The case may result in
discipline and/or referred for criminal prosecution.
15
Inmate Grievance Procedure
Please note that this is just a summary of the Inmate Grievance
Procedure. The Inmate Grievance Procedure is governed by the
appropriate Administrative Directive and NOT this summary. All
inmates will be provided access to the appropriate Administrative
Directive that governs the Inmate Grievance Procedure.
Step One: Informal Resolution Form
The Unit Level Grievance Form (Attachment I) must be completed by
the inmate within 15 days from the date of the incident with the date
beside Step One: Informal Resolutionfilled in. If the inmate is
alleging sexual assault, sexual misconduct/harassment by staff or
physical abuse, then the inmate is not required to complete Step One, but
should complete a Unit Level Grievance Form (Attachment II) with a
date beside Emergency Grievanceand present it to any staff, but
preferably the designated Problem Solving Staff. PREA grievances are
not subject to the 15-day time limit. Please also know that an inmate
cannot grieve on behalf of another inmate.
An inmate presents the Unit Level Grievance Form (Attachment I)
directly to a designed problem-solving staff. Only in the space provided
the inmate should write a brief statement that is specific to the
complaint. Include the date, place, personnel involved and/or witnesses
and how the policy or incident affected you. Additional sheets cannot be
attached at any level of the process. However, additional sheets attached
to PREA grievances will be maintained with the grievance.
The Problem Solver has 3 working days to resolve the issue at Step One,
informal level. If the problem cannot be resolved at the informal level or
if the Problem Solver does not respond within the allotted time, the
inmate may proceed to Step Two, the formal grievance level, within 3
working days.
Step Two: Formal Grievance Procedure
After attempting to resolve an issue through Step One, Informal
Resolution, an inmate can proceed to Step Two, Formal Grievance, on
the same Unit Level Grievance Form (Attachment I) that was used for
Step One. The inmate should complete the date beside Step Two”:
Formal Grievanceand the section regarding resubmission (of this form)
as to why the inmate considers the informal resolution unsuccessful, and
deposit it into the designated grievance box; or submit it to a staff
member if the inmates assignment prevents access to the grievance box.
Once the grievance has been answered at the unit level, if the inmate is
not satisfied with the response given, the grievance can be appealed
within 5 working days to the appropriate Chief Deputy/Deputy/Assistant
16
Director. At that point, the inmate has exhausted his/her administrative
remedies.
Inmates are only allowed to submit three Step Two, Formal Grievances,
each seven-day period that begins each Saturday and ends on Friday;
unless an emergency exists.
If an inmate is unable to read or write, an officer, other staff or an
inmate can help fill out the forms.
Emergency Grievances
Emergency grievances should be declared for ordinary problems that are
not of a serious nature. If the inmate believes the matter to be an
emergency, he/she will fill in on the date beside Emergency Grievance
on the Unit Level Grievance Form, (Attachment I) to designate an
emergency. Staff will determine if an emergency does exist.
17
Major Disciplinary Process
The major disciplinary form will be used in filing major
disciplinary reports against you. This form will inform you in
writing of the details of the rule infractions. Please note that this is
just a summary of the Disciplinary Process. The Disciplinary
Process is governed by the appropriate Administrative Directive
and NOT this summary.
1. You will receive a copy of the major disciplinary report at least 24
hours prior to the major disciplinary court hearing.
2. At the time you are served the disciplinary report, if you want to call
witnesses, this is the time to do it by giving the notifying officer the
names of the individuals you wish to call. There may be a limit on
how many witnesses you can call. The Chief Security Officer at the
unit determines this limit. You will not be allowed to gather and
submit witness statements on your own.
3. The major disciplinary court hearing shall meet or be held by Video
Conference as often as necessary at a convenient place and time
between the hours of 6:00 a.m. and 6:00 p.m. No disciplinary will be
heard after seven (7) business days (excluding weekends and
holidays) from the date it was written except pursuant to an
authorized extension.
4. You will be allowed to present at your hearing, but you will not be
forced to attend. You may waive your appearance by signing a
waiver form or failing to attend when disciplinary court is called. If
you waive your right to appear and are found guilty, you cannot
appeal the decision.
5. The hearing will be conducted as follows:
a. When the Disciplinary Hearing Officer (DHO) is ready to hear
your case, you will be called into the room, and the DHO will
identify any people present at the hearing for the record.
b. You will be informed of the specific charges against you and the
possible consequences of a finding of guilt.
c. You should then be asked whether the nature of the proceeding
and the possible consequences are understood. If it appears that
you do not understand, the policy regarding Counsel Substitutes
must be followed. Counsel Substitutes shall consist of staff
members as designated by the Warden. Counsel Substitutes have
no voice in the decision making of the court. All inmates have the
right to refuse a Counsel Substitute.
18
d. The DHO will read the disciplinary report to you and ask for your
plea to each charge. There are only two acceptable pleas, guiltyor
not guilty”. Any plea other than these, or refusing to enter a plea,
will be considered as a plea of not guilty.
e. You will be given opportunity to make a statement on your behalf and
present documentary evidence (other than witness statements). After
you have made a statement and/or presented a defense, the recorder
will be muted and witness statements will be reviewed and
documented.
f. The charged inmate has no right to confront and cross-examine an
informant against you or know the informants identity or statement.
It is mandatory that any time confidential informant information is
provided, the DHO shall ensure that the confidential information does
not become known to other inmates.
g. After the DHO has weighed all of the evidence, a decision shall be
made regarding guilt or innocence. The Video Conferencing System
will then be un-muted. You must then be informed as to the finding of
guilt or innocence on each particular rule violation and you must be
informed of the punishment, if any, imposed.
h. You will be advised of your right to appeal any or all guilty decisions
of the DHO.
6. Within 24 hours you will be provided a copy or ISSR 1000 (electronic
generated disciplinary hearing results form) of the results of the
hearing.
7. Guilty verdict of Major Disciplinaries will be published on the
Departments website pursuant to a 2015 state law.
Appeal of Major Disciplinary Action
If you do not agree with the DHO decision, you have the right to appeal any
decision of, or disciplinary action taken by the DHO through the following
process.
1. Complete a major disciplinary appeal form. This should be addressed to
the Warden of the unit/center where the incident occurred. All grounds
for appeal should be briefly stated and include the reasons why the
conviction or punishment should be reversed or modified. This
statement will be considered at all levels of appeal and may not be
rewritten at each stage. You must submit this appeal in writing fifteen
(15) business days after a copy of the DHOs report is given to you.
19
2. The Warden has thirty (30) business days from receipt of the appeal to
respond, except that if you are serving punitive time as a result of the
of the disciplinary, the Warden should answer the appeal within ten (10)
business days, if possible. Inmates not serving punitive time are not
permitted to mark yes beside Punitive Appeal”.
3. If the Warden upholds the original decision of the DHOs verdict and
you are not satisfied with the response, you have fifteen (15) business
days from receipt of the Wardens decision, to appeal to the Disciplinary
Hearing Administrator (DHA). To appeal to the DHA, you must submit
the same disciplinary appeal form that was submitted to the Warden. Be
sure to identify the disciplinary by date, time and charging person. Do
not send your copy of your disciplinary report, hearing action sheets, or
additional pages because copies of these are filed in the DHAs office
and are reviewed with your appeal. Any documentation submitted will
not be returned. The DHA has thirty (30) business days to respond.
4. If the DHA upholds the decision of the original verdict, and you disagree
with the DHAs response, you have fifteen (15) business days from
receipt of the DHAs decision to appeal to the Director. Again, you
submit the same disciplinary appeal form that was submitted to the
Warden and the DHA. The Director has thirty (30) business days to
respond. The Directors decision is final.
5. During any stage of the appeal, the reviewer may affirm the action of the
DHO or modify it as he/she deems just and proper; except at no point in
the appeal process shall the penalty be increased.
6. In cases where a disciplinary is written by a Warden, you may bypass the
appeal to the Warden and appeal to the DHA.
Minor Disciplinary Process
Minor Discipline should be used as a tool to discourage less serious
misconduct. The rule violations for which you may receive a Minor
Disciplinary are identical to those violations for which a Major Disciplinary
may be written. Minor Disciplinaries are within the discretion of the charging
person.
1. The Minor Disciplinary Hearing Officer (MDO) must hear the
disciplinary within seven (7) business days of the incident.
2. You will be allowed to be present and to make a statement on your
behalf.
3. After hearing the charges against you and your defense and testimony,
the MDO shall render his/her decision as to guilt or innocence and the
appropriate action to be taken.
20
Minor Disciplinary Sanctions
The MDO, upon determining that an inmate is guilty of a minor violation
of institutional rules and regulations, may take any or all of the following
actions:
1. Warning, reprimand, or excuse the inmate
2. Revoke privileges for up to twenty (20) days
3. Assign extra duty. Extra duties must not exceed two (2) hours per
day and a maximum of ten (10) days
4. At no time shall an inmate be put in Restrictive Housing by the
decision of the MDO. Good time and Class Status shall not be
reduced by the MDO.
5. Findings of the MDO may be appealed to the Chief of Security.
The Chief of Security may affirm, reverse or modify the
decision of the MDO. The Chief of Security decision is final.
Behavior Rules and Regulations
The following rules and regulations shall govern inmate behavior at all
units and are found in the disciplinary policy in the unit library. Please
note that some rule numbers are not in order as categories were
combined, but historical information will be maintained. Numbers
reserved for historical purposes are not listed in this handbook or policy.
The boldwords below indicate what should display on the ADC
website for major rule violations. In some instances it will be the
category, but if words in the specific rule violation are bolded, those
words will display on the website.
21
GROUP DISRUPTION CATEGORY
TYPE PENALTY CLASS
1-1. Banding together for any reason which disrupts unit operations
which may include taking over any part of the unit or property
of the ADC, seizing one (1) or more persons as hostages, or
interrupting operations. Rule violation may result in loss of all
good time.
A
1-6. Direct involvement in writing, circulating or signing a petition,
letter, or similar declaration that poses a threat to the security of
the facility.
B
1-7. Any rule violation set forth above that is found to be related to
recruitment or participation in a security threat group, or is
motivated by racial, religious, or gender discrimination. Rule
violation may result in the loss of all good time.
A
Individual Disruptive Behavior Category
TYPE PENALTY CLASS
2-2. Under the influence of and/or any use of illicit drugs, alcohol,
intoxicating chemicals or any medication in an unauthorized
manner (e.g. includes but are not limited to, slurred speech,
incoherent speech, redness of the eyes, vomiting, cannot stand
on his/her own, etc.) .
A
2-3. Monetary Misconduct - Entering into unauthorized
contractual agreements, failure to turn in all checks or monies
received, obtaining money through fraud or misrepresentation
(examples include, but are not limited to, buying articles on a
payment plan, failure to turn in tips received on work-release,
or misleading someone to obtain money).
A
2-4. Employment Misconduct - Work Release inmates who quit a
job without prior approval, get fired for misconduct, tardiness,
or shirking duties, or fail to notify ADC staff when too ill to
work.
B
2-5. Unauthorized use of mail or telephone - Includes passing
unauthorized messages, three-way communication(s), calling
on anothers phone code, posing as another person, and
telephone communications with unauthorized persons.
B
2-11. Tattooing, piercing, and self-mutilation intended to change
oneself or anothers appearance; this does not include attempts
to commit suicide or injure oneself unless solely for
manipulation. See AR834 Procedure for Handling Alleged
Disciplinary Infractions of Mentally Disordered Inmates.
B
22
GROUP DISRUPTION CATEGORY
TYPE PENALTY CLASS
2-12. Failure to keep ones person or quarters - in accordance
with regulations, or failure to wear ADC-issued ID, or clothing
according to center/unit policy.
C
2-13. Breaking into, or causing disruption of an inmate line or
interfering with operations.
B
2-15. Tampering with, or blocking, any lock or locking device. A
2-16. Refusal to submit to substance abuse testing or submitting a
diluted sample.
A
2-17. Creating unnecessary noise, including disruptive or aggressive
play in areas other than designed recreation areas.
C
2-20. Unauthorized communication, contact, or conduct with a
visitor or any member of the public or staff.
B
2-21. Running from, avoiding, or otherwise resisting apprehension. A
2-22. Interfering with the taking of count. A
3-3. Unexcused absence from work/school assignment or other
program activity.
B
3-5.
Out of place of assignment.
B
5-5.
Provoking or agitating a fight.
B
11-1.
Insolence to a staff member.
A
12-2. Refusal of job assignment including participating in a
treatment program, or class assignment, or violating rules that
results in dismissal from a program.
B
12-3. Failure or refusing to obey verbal and/or written order(s) of
staff.
B
12-4. Refusing a direct verbal order to leave or enter any area of
the institution or ADC property including, but not limited to, a
cell, barracks, chow hall, transportation vehicle, hallway or
work site.
A
12-5. Failure or refusal to leave restrictive housing and return to
population.
A
13-2. Lying to a staff member, including omissions, and providing
misinformation.
B
13-3. Malingering, feigning an illness.
B
23
TYPE PENALTY CLASS
BATTERY CATEGORY
4-4. Battery on Staff - Use of physical force upon staff (examples
include, but are not limited to, staff, volunteers, vendors and/or
contractors).
A
4-5. Aggravated Battery - Use of a weapon, or injury resulting in
victim(s) having to go to the emergency room and/or hospital,
in battery upon another person. This rule violation will result in
loss of all good time and the loss for one (1) calendar year of
the privilege to purchase.
A
4-8. Battery - Use of physical force upon an inmate. A
4-17. Throwing or attempting to throw substances, known or
unknown, toward or upon another person. Rule violation may
result in loss of all good time.
A
ASSAULT CATEGORY
TYPE PENALTY CLASS
5-3. Assault - Any willful attempt or threat(s) to inflict injury upon
another, directly or indirectly, verbally or in writing.
A
5-4. Making sexual threat(s) to another person, directly or
indirectly, verbally or in writing.
A
THEFT, DESTRUCTION OF PROPERTY OR EXTORTION CATEGORY
TYPE PENALTY CLASS
6-1. Demanding/receiving money or favors or anything of value in
return for an offer/promise of protection from others, or to keep
information secret.
A
7-1.
Unauthorized use of state property/supplies.
B
7-4.
Theft or possession of stolen property.
A
8-4. Destruction or intentional misplacement of property of
another or the ADC. Restitution may be ordered based on
replacement cost, or the value of lost, intentionally misplaced,
or destroyed property.
A
8-6. Adulteration of any food(s) or drink(s) with intent to harm
others. Rule violation may result in the loss of all good time.
A
8-7. Setting a fire or destruction or tampering with fire detection or
suppression device.
A
24
TYPE PENALTY CLASS
TYPE PENALTY CLASS
POSSESSION/MANUFACTURE OF CONTRABAND CATEGORY
9-1. Possession/introduction of any firearm, ammunition, weapon,
fireworks, explosive, unauthorized combustible substance, or
unauthorized tool. Rule violation may result in loss of all good
time.
A
9-3. Possession/introduction/manufacture of any drug, narcotic
intoxicant, tobacco, chemical, or drug paraphernalia not
prescribed by medical staff.
A
9-4. Possession or movement of money or currency, unless
specifically authorized.
A
9-5. Possession/Introduction of clothing or property not issued to
inmate nor authorized by the center/unit.
C
9-9. Counterfeiting, forging, or unauthorized possession/introduction
of any document, article of identification, money, security or
official paper.
A
9-14. Possession/introduction/use of unauthorized electronic device
(s): Examples include, but are not limited to, flash drive, MP
Player, Tablet, DVD Player, etc. Rule violation will result in the
loss of all good time and will result in the loss of the Inmate
Telephone System privileges for one (1) year. Possession of a
cell phone is a crime which may result in criminal prosecution
for a felony.
A
9-15. Possession/introduction/use of a cell phone or any cell phone
component: Example include, but are not limited to, sim cards,
charger, battery, etc. or an unauthorized messaging device. Rule
violation will result in the loss of all good time and will result in
the loss of the Inmate Telephone System privileges for one (1)
year. Possession of a cell phone is a crime which may result in
criminal prosecution for a felony.
A
9-16. Use of internet or social media.
A
9-17. Preparing, conducting, or participating in a gambling operation.
B
SEXUAL ACTIVITY CATEGORY
10-1. Engaging in non-abusive sexual activity with another
consenting person.
A
10-2. Making sexual proposals to another person. (PREA) A
25
10-3. Indecent exposure and/or masturbation; may result in a referral
for criminal prosecution (examples include, but are not limited
to, verbal and/or non-verbal gestures).
A
10-4. Bestiality. A
10-5. Masturbation in the presence of another inmate. A
10-7. Demanding sexual contact in trade or for protection from
physical harm or mental anguish, or other victimization.
A
4-10. Rape or forced sexual act with/on an inmate. Rule violation
may result in the loss of all good time. (PREA) Rape is a crime
and may result in criminal prosecution for a Class Y Felony. If
convicted, may result in a life sentence.
A
4-19. Rape or forced sexual act on staff, volunteer, contractor or
other individual not incarcerated at the time of the incident.
Rule violation may result in the loss of all good time. Rape is a
crime and may result in criminal prosecution for a Class Y
Felony. If convicted, may result in a life sentence.
A
TRAFFICKING AND TRADING CATEGORY
TYPE PENALTY CLASS
15-2. Asking, coercing, or offering inducement to anyone to violate
ADC policy or procedure, inmate rules and regulations, center/
unit operating procedures, this also includes extortion.
A
15-3. The purchase or exchange of unauthorized articles or authorized
articles obtained through unauthorized channels.
B
ESCAPE CATEGORY
TYPE PENALTY CLASS
16-1. Escape from custody of the ADC; may result in the loss of all
good time and/or result in referral for criminal prosecution.
A
16-2. Failure to return from any approved activity or furlough at the
designed time.
A
16-3. Attempted escape, including leaving a work release job site or
work detail, while in the custody of the ADC. This includes but
is not limited to, written notes regarding escape, phone call
recordings advising escape plans, and verbal threats to escape,
etc.
A
26
Range of allowable sanctions
1. Penalty Class A
2. Penalty Class B
a. Punitive Housing up to thirty (30) days. Inmates serving a punitive
disciplinary sentence shall not earn meritorious good time.
b. Loss of earned good time up to 365 days (loss of all good time is
allowable for offenses listed that include the statement may result in
loss of all good time”).
c. If the use of the Inmate Telephone System is involved, it shall result
in the loss of telephone privileges for one (1) year.
d. Loss of designed privileges, up to sixty (60) days, or the loss of a
commissary item(s) up to three hundred sixty five (365) days if such
commissary item(s) were used in the commission of the disciplinary
infraction.
e. Restitution based on replacement cost or the value of lost,
intentionally misplaced, or destroyed property.
f. Reduction of up to three (3) steps in class.
g. Extra duty up to two (2) hours per day for up to thirty (30) days.
h. Possession/introduction/use of a cell phone will result in the loss of
Inmate Telephone System privileges for one (1) year.
i. For PREA related violations, referral to the Classification Committee
for consideration of precautions based on the findings of the
investigation and outcome of the Disciplinary Hearing. The
Classification Committee will consider PREA status in housing and
job assignments and potential placement in programming based on
the outcome.
j. An inmate found guilty of escape or attempted escape, felonious
battery, homicide or attempted homicide, possession/manufacture of
contraband, throwing or attempting to throw substance, and third or
subsequent guilty verdict for Indecent Exposure and/or Masturbation
that carries a Class A penalty will not be eligible for class promotion
and/or reclassification for one (1) year unless the Warden
recommends to the Classification Committee that the inmate be
considered for promotion and/or reclassification.
a. Punitive Isolation up to fifteen (15) days. Inmates serving a punitive
disciplinary sentence shall not earn meritorious good time.
b. Loss of earned good time up to one hundred fifty (150) days.
27
3. Penalty Class C
Upon determining that an inmate is guilty of violating institutional rule(s),
the DHO may apply any or all of the sanctions from the penalty class of the
most serious rule violated. Additional sanctions may be applied from the
penalty class corresponding to the additional rule(s) violated.
Note: Loss of all earned good time is allowable for offenses listed that
include the statement may result in loss of all good time.
*In addition to any other punishment authorized under this AD, the use of
any commissary item in connection with the violation of any of these rules
may result in the loss of the privilege to acquire that type of item for up to
twelve (12) months
c. Loss of designed privileges up to forty-five (45) days.
d. Restitution based on replacement cost or the value of lost,
intentionally misplaced or destroyed property.
e. Extra duty up to two (2) hours per day for up to fifteen (15) days.
f. Formal reprimand and/or warning.
g. Reduction of up to two (2) steps in class.
a. Punitive Isolation up to ten (10) days. Inmates serving a punitive
disciplinary sentence shall not earn meritorious good time.
b. Loss of earned credits up to sixty (60) days.
c. Loss of designated privileges up to thirty (30) days.
d. Restitution based on replacement cost or the value of lost,
intentionally misplaced or destroyed property.
e. Extra duty up to two(2) hours per day for up to ten (10) days.
f. Formal reprimand/warning.
g. Reduction of one (1) step in class.
28
Inmates who violate the following rules may be placed on non-contact
visitation and restricted from video visitation for one (1) year for each
offense. Any subsequent disciplinary for another violation following the
initial violation will cause the one (1) year restriction period to start over
from the date of conviction of the new violation.
All inmates assigned to Restrictive Housing will remain a Class IV
inmate and will not receive any good time for the duration of their
confinement in Restrictive Housing.
Any felony is subject to criminal prosecution regardless of
disciplinary action within the Arkansas Division of Correction.
a. Under the influence of and/or use of an illegal drug, alcohol,
intoxicating chemical or any medication in an unauthorized manner.
b. Refusal to submit to substance abuse testing.
c. Possession or introduction of any drug, narcotic, intoxicating
chemical, or drug paraphernalia not prescribed by medical staff.
d. Possession or movement of currency, unless specifically authorized.
e. Possession of clothing or property not issued or authorized by the
Center/Unit.
f. Correspondence/conduct with a visitor in violation of regulations.
g. Possession/introduction/use of a cell phone or unauthorized
messaging device.
h. Possession/introduction/use of unauthorized electronic devices or
parts of one, such as a charger or sim card.
i. Indecent Exposure.
j. Social media.
29
Restrictive Housing
It is the policy of the ADC to provide secure, safe housing to inmates
who require a higher degree of physical control or who staff otherwise
find necessary to remove from the general population of the facility. The
policy is to limit the use of Restrictive Housing to the shortest period of
time possible while maintaining a safe environment within the
institutions.
Definitions
Administrative Status - separation from the general population by the
classification committee or shift supervisor when the continued presence
of the inmate in the general population poses a direct threat to the safety
of persons or a clear threat to the safe and secure operations of the
facility. Inmates pending investigation by the unit or law enforcement,
pending trial on a criminal act, pending disciplinary court review, or
pending transfer. While this status may be in restrictive housing, it is a
temporary status, and a release plan is not required while in this status.
Restrictive Housing (RH) - placement that requires an inmate to be
confined to a cell at least twenty-two (22) hours per day.
Extended Restrictive Housing - placement in housing that separates the
inmate from contact with general population while restricting an inmate
to his/her cell for twenty-two (22) hours per day for thirty (30) days or
longer for the safe and secure operation of the facility. A 48-hour relief
does not end Extended Restrictive Housing because the inmate is not
returned to general population during this time.
Restrictive Recreation - a status assignment allowing the Classification
or Warden/Center Supervisor to assign an inmate to be kept in full
restraints during the inmates scheduled recreation period if his/her
actions pose a threat to the safety of persons or a clear threat to the safe
and secure operations of the facility. These actions include but are not
limited to tapering with, or blocking, any lock or locking device;
tampering or manipulating any recreation enclosure or RH recreation
area; running from, avoiding, or otherwise resisting apprehension;
aggravated battery to include attempted battery or battery on staff or
inmates; and attempts to remove or manipulate restraints.
Step-Down Program - a system of review that establishes criteria to
prepare an inmate for transition from restrictive housing to general
population or the community. A classification committee made up of a
multidisciplinary team (medical, mental health, security, and others
determined by the Warden) will determine which individual inmates
enter the program.
30
Protective Custody - form of separation from the general population for
inmates requesting or requiring protection from other inmates for
reasons of health or safety. The classification committee reviews the
inmates status periodically. Inmates assigned to Protective Custody are
not assigned to restrictive housing due to this status alone.
Disciplinary Court Review (DCR) - the confinement of an inmate in
restrictive housing until a disciplinary hearing is completed due to an
alleged disciplinary infraction.
Release Plan - the steps the inmate needs to take to be released to
general population which may include one or more of the following: a
certain number of disciplinary free days, completion of disciplinary
sanctions, completion of anger management, thinking errors, and/or
stepdown program.
Reentry Plan - a pre-release assessment and plan that includes at a
minimum, a review of parole stipulations and program referrals,
transportation to the inmates closest commercial pick-up point,
information on community services available in the area, and
information on how to reinstate voting rights upon discharge of their
sentence.
Inmates in restrictive housing may be subject to more stringent living
conditions and their privileges may be restricted.
The calculation and scheduling of an inmates RH hearing will not
change if that inmate transfers to another unit and remains in RH.
Medical Services
Health Services
It is the policy of the ADC to provide health care services (medical,
dental, and mental health) accessible to all inmates, which, at a
minimum, meet reasonable and necessary health care needs. If you have
a medical or dental emergency, inform a correctional officer who will
notify the medical department immediately for evaluation. If the
problem is not an emergency, then a Health Services Sick Call request
form must be submitted, which will be reviewed by the medical
department within 24 hours, and an examination will be scheduled.
ADC charges inmates a $3.00 co-pay fee for any inmate initiated request
for medical or dental services. A $3.00 fee is also charged for inmate-
initiated request for health care services unrelated to a condition being
followed in chronic care clinic; initial contact with health care services
due to fights, sports injuries or self-inflicted injuries not associated with
31
mental illness; a pre-lockup examination required because the inmate
was involved in a fight or altercation with another inmate(s) or staff,
including where chemical spray is used due to an inmates refusal to
submit to restraints for movement. No fee is charged for diagnosis and
treatment of communicable disease; chronic care or other staff-initiated
care, including follow-up and referral visits. When an inmate who has a
co-pay lien receives funds, those funds may be used to satisfy the co-pay
lien. Christmas funds, gate money, aid to indigent inmates, or other such
funds provided by the state will not be taken to satisfy co-pay liens. All
co-pay liens or charges will be deducted before commissary charges are
allowed when the balance of an inmates trust fund account rises above
the safeguarded account balance of $5.00. Out-of-state inmates housed
in ADC facilities will be subject to the same co-pay guidelines as an
Arkansas inmate; however, these inmates will not be charged for
services required by Interstate Corrections Compact guidelines. No
inmate will be denied necessary health care serves because of inability to
pay.
See the Co-Pay policy for more details.
Pregnant Inmates
Female inmates will have access to pregnancy management services.
Dental Services
In addition to dental emergencies and routine and necessary
examinations, treatment and cleanings are available. Dental prosthetics
are provided if required for chewing food but will not be provided for
cosmetic effect.
Eye Examinations
If you are having vision difficulty, submit a request for an examination
to the medical department. If appropriate and needed, an Optometrist
will examine your eyes, and standard glasses will be provided if needed.
You may be re-examined as provided in policy.
Program Services
The ADC has various programs available to you while you are
incarcerated. These include educational, vocational, work, counseling,
etc. Inmates who would like to participate in any program should
complete an inmate request form to the Program Coordinator and send
the request via truck mail to that Program Coordinator. Keep in mind
that different programs have different criteria and not every program is
open to every inmate or available in every facility.
32
Mental Health
Inmates can receive individual and group outpatient treatment from
psychologists, psychiatrists, social workers and counselors.
It is important that inmates have access to mental health services
governed by policies that adheres to the expected professional levels of
confidentiality to the extent possible in a prison setting.
Inmates requests for mental health services may be made by submitting
a request for interview in the sick call mental health request box or in
the manner that requests are handled in the inmates housing area.
Residential Programs Unit (RPU)
The Residential Programs Unit is for inmates with serious mental or
emotional problems that require residential treatment as recommended
by the units mental health staff. The RPU provides intensive treatment
and specialized assessment.
Habilitation Program
The Habilitation Program provides special management and treatment
for developmentally disabled inmates.
Substance Abuse Treatment Programs
It is the policy of the ADC to assess the propensity for alcohol and drug
use of all inmates entering the ADC and to make available, to the
maximum extent possible, effective treatment. Inmates will be assessed
for alcohol and drug use problems during the intake process of their
incarceration. The mental health intake assessment will include an
interview reviewing substance use related crimes, social histories
revealing substance use, and previous treatments, which may indicate
propensities for substance use. Following this, intake recommendations
for substance use treatment will be made if indicated, and inmates will
be informed of any substance use treatment referrals. Substance use
treatment is a voluntary service, and inmates who are stipulated by the
Board of Parole to participate in drug treatment can refuse the services
of this program by signing a Substance Use Rehabilitation Services
(SURS) Refusal Form. Inmates refusing substance use treatment shall
be informed that such refusal may affect their date of release. Inmates
who have refused substance use treatment may, at a later date, request
these services in writing.
The ADC also provides residential substance abuse treatment. There
are two programs: Substance Abuse Treatment and Therapeutic
Community Program (SATP and TC ) for inmates with substance
abuse histories.
33
Sex Offenders Treatment
The Reduction of Sexual Victimization Program (RSVP) is a treatment
program for male inmates and Sex Offender Treatment (SOFT) is the
treatment program for female sex inmates. Both focus on controlling
compulsive sexual behaviors. Participation in the program is
voluntary, but the Parole Board can stipulate completion as a condition
of early release.
Anger Management
The Restrictive Housing (RH) Anger Management Treatment Program
is a 12-week program designed to enable inmates to manage their
anger and have positive interactions with staff members as well as
other inmates. The program utilizes the Aggression Replacement
Training (ART) program as the main focus of treatment and Thinking
for Change as a supplement. The program challenges inmates to
recognize and change thinking and behavioral patterns that are affected
by their anger.
Think Legacy Program
The ADC recognizes that the majority of inmates incarcerated will be
released into the community either by discharging their sentence or on
parole. In order to increase the potential for successful reintegration
into the community, it is necessary that these inmates be provided
certain programming and information . This program prepares inmates
to reintegrate into the community.
Act 309 Program
Under the Act 309 Program, inmates who qualify may be assigned to
county or city jail facilities. Inmates must be Class I or eligible for
Class I, have served a minimum of 6 months since admission to a
parent unit with the ADC, be disciplinary free for 90 days, and be
capable of abiding by the rules and regulations of the programs as
indicated by their institutional record. Inmates cannot have any
indisposed felony detainer filed against him or her unless approved for
transfer by the agency filing the detainer and you must be within 45
months of your parole or transfer eligibility date. Any eligible inmate
must exhibit a current medical classification commensurate with
expected work assignment. Prior to participation in the Act 309
Program, notification will be made to the sheriff of the county from
which the inmate was tried and convicted, and the prosecuting
attorneys office who convicted the inmate. Victim or victims family
notification shall be done by mail to the last known address supplied to
the Division of Correction in accordance with ADC policies. Any
inmates convicted of kidnapping, a second or a subsequent offense of
aggravated robbery, or criminal attempt to commit these offenses, will
not be eligible for Act 309-Work classification. These inmates will be
34
classified as Act 309-Jail only inmates.
Work Release
ADC policy allows the orderly reintegration of selected inmates from a
prison environment back into communities through participation in a
Community or Unit/Center Work/Study Release Program. In the Work
Release Program, inmates are housed in correctional facilities and may
be employed in the community after competing their assignment to
Regional Maintenance. Inmates must be eligible for minimum security
status, must have a parole eligibility release date within 42 months or
shorter as determined by the Director, have had no major disciplinary
infractions for a period of not less than 3 months immediately prior to
application, must exhibit a current medical classification commensurate
with expected work assignment, etc. Inmates having an undisposed
felony detainer filed against him/her, inmates convicted of any sex
offense, inmates convicted of a felony escape, inmates convicted of a
capital offense, first degree murder, rape, kidnapping, or who have
been convicted for a second or subsequent offense of aggravated
robbery, or who are serving a life sentence, or who are under sentence
to be executed, are not eligible to participate in this program. From the
wages inmates earn, the inmate will partially reimburse the state for
their care and custody. Inmates who have dependents must remit one-
third of their net income or the amount which may be required by court
order. The inmate will normally be allowed to spend up to an amount
equal to the approved weekly commissary draw. The remaining
balance will be deposited in the inmates ADC account. Any
disbursements out of this account must be approved by the Warden/
Center Supervisor. All fund balances of an inmates account will be
released to the inmate upon parole or termination of sentence.
Prison Industry Enhancement Certification Program (PIECP)
A PIECP worker is an inmate who provides labor for a Bureau of
Justice (BJA) Prison Industries Enhancement Certification Program
(PIECP). An inmate who voluntarily agrees to participate in PIECP,
provides labor and benefits by receiving an opportunity for training and
work experience. Inmates must have 2 or more years left until release
date, major disciplinary free for a period of 6 months prior to date of
application, have a GED or be working toward a GED degree, have an
immediate supervisors approval prior to application, have a good work
record for at least 90 days prior to application, does not have an
uncontrollable propensity for violence, does not constitute a security
risk, is capable of abiding by the terms and conditions of the program,
be approved to perform work as indicated by current medical
classification and medical restrictions and other requirements as may
be imposed at the correctional facility where the PIECP program is
located. ADC retains an amount of the inmates earning for operational
35
fees. Earnings must also go into a savings account and any
disbursements out of this account must be approved by the Warden.
The inmates shall be required to give 5% of his/her gross income to the
Arkansas Crime Victims Reparation Fund and10% of the inmates
gross wages shall be sent to persons dependent upon the inmate for
financial support where applicable.
Paws in Prison
The ADC Paws in Prison is a training program for companion and
service dogs by partnering with rescue organizations and/or shelters.
The primary goal of this program is to prepare the animal for adoption
or service. The program provides a safe, clean and humane
environment for the care, custody, training and control of dogs for the
purpose of preparing these animals for adoption or service within the
local community. Each inmate wishing to participate must understand
and agree to the goals of this program. Inmates shall not have been
convicted of animal cruelty or abuse. Inmates must volunteer to
participate in this program. Eligibility requirements are based, in part,
on interest, training, positive attitude, length of sentence, criminal
history and a positive institutional behavior pattern/adjustment. Inmates
must be mentally and physically fit to assist in the care and training of
an animal. Inmates associated with this program must comply with all
ADC rules and regulations. Any inmate participating in this program
who abuses an animal will be issued a disciplinary and may face
criminal prosecution. Any inmate participating in this program that
encourages or attempts to instill in any dog aggressive or attack modes
towards a person or animal will be removed immediately from the
program, issued a disciplinary and the animal will be evaluated as soon
as possible by a free-world trainer to determine whether it may
continue in the program.
Inmate Tablet Program
The tablets allow incarcerated individuals the capability for educational
and self-help opportunities, communicate with love ones, listen to
music, read books, play games and search for jobs.
Reentry Planning
A reentry plan will be reviewed with you. It will include a review of
any parole board stipulations, the status of your medical coverage
(Medicare, Medicaid, Insurance), housing and employment plans, and
whether you have a valid drivers license or state identification card.
You will be provided with a copy of your reentry plan, as well as
copies of any program completions and certificates. You will also
receive information regarding the reinstatement of your voting rights. If
you are required to register as a sex offender, notification of your
pending release will be sent to the Prosecuting Attorney pursuant to
36
Act 973 of 2015.
Drivers Licenses or State Identification Card
Eligible inmates who are within one hundred eighty (180) days of
release from custody of the ADC who have not previously been issued
an Arkansas identification card or an Arkansas Drivers License shall
be issued an Arkansas Drivers License if the driving privileges of the
eligible inmate are not suspended or revoked; or suspended or revoked
solely as a result of an outstanding Drivers License reinstatement fee
imposed under the laws of this state. If issued, any fees for a
replacement identification card or issued drivers license to an eligible
inmate shall be waived. This is not applicable to a first time issuance of
a drivers license or identification card nor may it be used to waive any
documentation requirements for non-United States citizens. This also
does not apply to a person with an expired drivers license.
Suicide Prevention
If you feel like hurting yourself, or youre feeling very depressed, or
you think you might commit suicide, ask to see Mental Health Services
immediately.
Right to Vote
The Arkansas Constitution, Amendment 51, Section 11, (d)(2) provides
that after a person with a felony conviction has discharged his sentence
or been pardoned, he shall provide the county clerk with proof that all
probation or parole fees and terms of imprisonment have been satisfied
along with all court costs, fines, or restitution. Section (B) provides that
upon proof, the felon shall be eligible to vote.
Americans with Disabilities (ADA)
ADC prohibits discrimination on the basis of disability in the provision
of services, programs and activities. If you are disabled, you may be
entitled to reasonable accommodations. ADC will make every effort to
ensure that staff communicate effectively with inmates who have a
disability. The ADC will provide reasonable accommodations by
bridging the communication gap with staff and inmates who are deaf,
hard-of-hearing, late deafened, or who have speech impediments.
ADC also provides assistance to visually impaired and blind inmates
with, for example, written materials in large print and/or Braille.
Recreation
Inmates will be allowed to participate in leisure time and recreational
services in accordance with unit policies and procedures.
37
Education
Academic
Education for inmates is provided through the Arkansas Correctional
School District. The Board of Corrections has made education
mandatory for all inmates without a verifiable High School Diploma or
General Education Development (GED) certificate. A full range of
academic programs is available at most units, including special
education, Title 1, and dyslexia testing and intervention for inmates
who qualify. Summer school is provided at some units, and
homebound educational services may be offered for inmates in
restrictive housing. Inmates progress at their own pace and work
toward their GED certificate. College courses are offered at some
units.
Career and Technical Education Programs
Career and Technical Education Programs (CTE) enable inmates to
enter the world of work with basic skills necessary to succeed in their
chosen professions. CTE programs include: Barbering & Barber
Instructor, Building and Grounds Maintenance, Computer
Applications Technology, Computer Science – Coding &
Cybersecurity, Computerized Accounting, Cosmetology &
Cosmetology Instructor, Food Service, Heavy Equipment Operator,
Horticulture, HVAC, Landscape Construction and Design, Plumbing,
Residential Carpentry, Residential Electricity, and Welding. Most of
the Arkansas Correctional School District Programs require a
minimum of 600 hours and are usually completed in six to eight
months. Barbering and Cosmetology requires 1,500 hours and takes
approximately 15 months to complete. Short courses such as: Basic
Residential Mechanics, Building Trades-Basics, Future Fit, Office
Basics-Keyboarding, and Pet Care and Management, are available at
some units. Short courses require 225 to 450 hours and generally take
3 to 4 months to complete. Most CTE program participants have the
opportunity to earn industry-recognized certificates such as: MSSC,
NCCER Core, NCCER Craft, ServSafe Food Handler, and ServSafe
Manager. Additionally, many other industry-recognized certificate
courses are available using the iCEV platform. Certificate courses
offered through iCEV require approximately 4 weeks to complete.
Religious Services
Religious Activities
It is the policy of the ADC to provide incarcerated individuals the
greatest amount of freedom and opportunity for pursuing individual
religious beliefs and practices as is consistent with the safety of
38
inmates and staff, the good order of the institution and accepted
correctional practices. All religious activities-worship services,
meetings, counseling, visiting must comply with institution schedules
and guidelines.
Chaplains and volunteers provide religious services, pastoral
counseling, study groups, revivals and other special events.
Religious Medals
One religious medal or emblem may be worn on an ID chain. A
separate chain is not allowed. The religious medal or emblem cannot be
larger than one and half inches in length or width and no thicker than
1/8 of an inch. The medal/emblem must be received and approved
through the chaplains office. Approved medals/emblems must be
listed on your inventory/property list, and if not, you may be
disciplined for possession of contraband.
Mail Policy/Packages
All of your incoming and outgoing mail may be read, except for
privileged correspondence, which will be opened in your presence and
inspected for contraband. Privilege correspondence includes letters
from officers of federal, state and local courts, any federal or state
official or agency, any administrator of the ADC, the parole board or
its staff, the inmates attorney and any member of the news media. If
properly marked as privileged correspondence, it will be opened in
front of you and inspected for contraband. Mail opened and inspected
under these circumstances will not be read or censored but may be
rejected in its entirety if it is found to contain contraband. Please also
note that upon delivery of any legal mail, staff will provide an
acknowledgement of legal mail to the inmate, if the inmate refuses to
sign the acknowledgement, another staff member will note inmate
refused to signon the Legal Mail Delivery Form and sign as a
witness.
The full name under which the inmate was committed, and the ADC
number of the inmate shall be shown on the upper left-hand corner of
the envelope on any outgoing mail and bottom right of incoming mail.
Letters must be written in the English language unless there is approval
from the Warden/Center Supervisor to communicate with family in
another language. Inmates who wish to communicate with family in
another language, must send a request to the Warden/Center Supervisor
for review and consideration.
The ADC does not accept postage due mail or packages. Postage
payment must be made in advance. Since opened mail will not be
returned to the sender by the Postal Service without additional postage,
the inmate shall be responsible for the cost.
39
Types of Mail Allowed
Your family, friends, officials and other significant community
contacts can mail letters to you or send letters electronically with a
minimum of interference consistent with the legitimate security needs
of the facility. There will be no limitation placed on the number of
letters mailed or received. However, each item of inbound
correspondence is limited to three (3) pages which will be copied
(black and white photocopy) along with the envelope so that two (2)
sheets of paper, front and back, shall be provided for each items of
general correspondence an inmate receives. No color photocopies will
be made. Originals will be shredded after the copy has been made. No
cards, larger-size paper or anything else will be manipulated to fit on
the copy paper. Any general correspondence that exceeds these limits
will be treated as contraband.
Photos received from the crime lab that contain the following
information to an inmate in the custody of the ADC shall be
considered contraband per A.C.A. §12-12-312:
a. Depicts a crime scene;
b. Depicts the victim of a crime; or
c. Was taken in conjunction with an autopsy.
Electronic correspondence will be considered general correspondence
only, however, the limit to three sheets and one side of an envelope
will not apply. All incoming and outgoing electronic correspondence
will be inspected and approved before distribution. The cost of
electronic correspondence is at the expense of the sender. The cost of
any rejected electronic correspondence will be borne by the sender.
Rejected electronic correspondence will be rejected in its entirety.
Interstate/Inter-Unit Correspondence
Interstate and Inter-Unit correspondence is mail between all
individuals who are incarcerated either within the ADC or another
facility. Interstate and Inter-Unit correspondence of two (2)
incarcerated individuals will be restricted to members of the immediate
family. For the purpose of this provision VERIFIED immediate family
is defined as the inmates father, mother, sister, brother, spouse,
children, grandchildren, and any other person whose relationship with
the inmate has been verified as that of a parent/guardian such as
mother-in-law, father-in-law, grandparent, aunts, or uncles, or whose
relationship with the inmate has been verified as that of a child/ward
such as a foster child, son-in-law, daughter-in-law, niece, or nephew.
This list of immediate family members includes stepfamily members
and half siblings. It will be subject to the usual rules under general
correspondence including the page limit for photocopying. Inter-Unit
correspondence must have the approval of both the sending and
40
and receiving Warden/Center Supervisor. In the case of Interstate
correspondence where the out-of-state facility does not take a position,
only the Arkansas Warden/Center Supervisor must approve.
If you have an authorized hobbycraft card, you may order and receive
items approved by the Warden or a designee. No other packages are
allowed except with the approval of the Warden and the appropriate
Deputy Director. Packages that do not have prior approval will be
returned to the sender. Packages will be searched.
Violation of correspondence rules will be subject to disciplinary action.
Publications
Any books, magazines, newspapers or catalogs that you receive from
the publisher, bookstore, educational institution or recognized
commercial or charitable outlet will be rejected if it violates the
publication policy. Payment must made in advance. All publications
are subject to inspection and review and may be refused/denied/
rejected due to content. You will be advised of the reason if a
publication is rejected.
Publications which meet two (2) of the following conditions will be
rejected:
a. Books that measure more than 9” x 11”
b. Hardback books thicker than two (2) inches
c. Softback books thicker than four (4) inches
d. Any books heavier than three (3) pounds
If books or magazines are bundled together and the bundle is over
the appropriate allowable size, the entire package will be rejected.
Publications with objects inside, the publication will not be altered
from the original state. Items within the publication/package cannot be
separated, therefore the publications/package is rejected in its entirety.
Publications recommended for rejection, will be referred to the
Warden/Center Supervisor. The Warden/Center Supervisor must
approve or reject the publication within thirty (30) days of receipt. If
the publication is rejected, the inmate must be notified, in writing, of
any decision to reject and the basis for rejection of the publication. The
decision to reject a publication may be appealed to the Central Office
Publication Review Committee. The appeal must be initiated within ten
(10) days of the receipt of written notification of the Warden/Center
Supervisors decision to reject the publication. Rejections of
publications are not grievable.
41
Visitation
It shall be the policy of the ADC 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. Because of limited space, staff availability, scheduling
considerations and security requirements of correctional units/centers
limits must be set and controls established governing visits.
Inmates will not be allowed visitors during their initial reception and
orientation to the ADC commonly referred to as intake”. Inmates
will be allowed to visit immediate family members for a period up to
thirty (30) days after the inmate completes intake and is received at
their initial unit of assignment until such time as a visitation list is
established. The family relationship must be validated by inmate
information on record. After the initial thirty (30) day period at the
initial unit of assignment, only visitors on an inmates visitation list
will be allowed to visit. Everyone who plans to visit must fill out a
Visitation/Telephone Contact Request and Authorization Form. A
criminal history check is done on all prospective visitors. Any
incomplete application will be rejected and returned to the applicant
for completion of mandatory information. It is the inmates
responsibility to advise visitors of their approval/denials, scheduled
visitation days and times, and changes in and visitation days.
A maximum of twenty (20) persons may be placed on any inmates
visitation list. Once this number is reached, the inmate cannot add
another visitor without removing one from the existing list. Approved
visitors may not be listed on more than one inmates visitation list
unless the visitor is confirmed as an immediate family member of each
inmate and approved by the Warden(s).
All visitors twelve (12) years of age or older will be required to show a
valid unexpired drivers license or state issued photo identification.
Adult escorts may vouch for the identity of minor visitors under the
age of twelve (12) years.
Current ADC employees and contract employees (working in an ADC
facility), shall not be approved for visitation unless, prior to their
employment, they were immediate family members of the inmate.
Former ADC employees and former contract employees shall not be
approved for visitation for a period of three (3) years from their last
date of employment unless, prior to their employment, they were
immediate family members of the inmate. Waivers of the three (3)
year period for former employees, contractors, interns, or students may
be granted by the Warden if the employee left in good standing and is
an immediate family member and/or an attorney of record for the
42
inmate. Volunteers, including interns, with the ADC shall not be placed
on any inmates visitation list unless they are immediate family
members and were so related to the inmate prior to their work as a
volunteer or the inmates incarceration.
Visitation Schedule, Rules, Restrictions, and Conditions
Saturdays and Sundays will be designated visitation days for all routine
visits. There will be no visitation on holidays unless the holiday falls on
a regular visitation day. Each unit will have a schedule for visitation
and you must notify your visitor(s). All Class I inmates will be
permitted weekly Sundays visits. All Class II, III and IV inmates will
be permitted two (2) visits a month, either the first and third Saturday
of the month or the second and fourth Saturday of the month as
determined by the Units schedule. No more than four (4) persons shall
be permitted to visit an inmate during any one (1) visitation period. A
person of any age is counted as one (1) of the four (4) except minor
children of the inmate allowed to visit may exceed the limit of four(4)
visitors; however, only two (2) approved adult visitors may accompany
the minor children when the limit of four (4) is exceeded. The Warden
must authorize any other exception.
Non-Contact Visitation
Non-contact visitation is where a glass divider separates the inmate and
visitor. The Warden/Center Supervisor has the authority to restrict
contact visitation consistent with unit policy and the security needs of
the Unit/Center. Where space for non-contact visits is limited, the
duration of these visits may be reduced to two (2) hours with the
approval of the Director. Non-contact is the only form of visitation
allowed for inmates assigned to the Varner Supermax Program.
Inmates who violate the following rules may be placed on non-contact
visitation for one (1) year for each offense. This will include all visitors
on the inmates visitation list.
a.
Under the influence of an/or use of an illegal drug, alcohol,
intoxicating chemical or any medication in an unauthorized manner.
b.
Refusal to submit to substance abuse testing.
c.
Possession/introduction of any drug, narcotic, intoxicating chemical,
or drug paraphernalia not prescribed by medical staff.
d.
Possession or movement of money or currency, unless specifically
authorized.
e.
Possession of clothing or property not issued or authorized by the
Center/Unit.
f.
Correspondence/conduct with a visitor in violation of regulations.
43
Special Status/Assignment
Inmates on special status/assignment (such as Restrictive Housing,
Investigative Status and Mental Health) may be allowed to receive a
visit, consistent with good security”, as designated by the Warden/
Center Supervisor or Deputy Warden. Death Row visits are held in
accordance with the appropriate Administrative Directive.
Visitation on Restrictive Housing
Inmates on punitive housing or on punitive restrictions may be
allowed visitation privileges unless there are substantial reasons for
withholding such privileges. The Warden or designee must approve all
such visits and will consider, among other factors, the following:
a. Nature of rule violation
b. No further rule violations while housed on punitive status or on
punitive restriction
c. Satisfactory cell inspection reports
Inmates in punitive are not eligible for in-person news media
interviews.
Special Visits
Visits between a licensed attorney representing the inmate or having
obtained a subpoena or court order for a visit, spiritual advisors,
ministers of record and the inmate will be permitted Monday through
Friday between the hours of 8:00 a.m. and 4:30 p.m. upon prior
arrangements (a minimum of twenty-four (24) hours in advance
whenever possible) with the Warden/Center Supervisor/designee.
News media with respect to requests for interviews with inmates, it
will be necessary for the representative of the news organization to
first contact the inmate to obtain the inmates permission to be
interviewed. The inmate may wish to consult with his/her attorney of
record before agreeing to be interviewed and/or photographed. Before
being interviewed or photographed, the inmate must sign an Inmate
Consent Form which should be witnessed by an ADC staff member.
Prior to granting approval for interviews with inmates, the Director
and Public Information Officer will have to take into
g.
Possession/introduction/use of a cell phone or unauthorized messaging
device.
h.
Possession/introduction/use of unauthorized electronic devices or parts
of one, such as a charger or sim card.
i.
Indecent exposure.
j.
Social media.
44
consideration the effect such an interview may have on the inmate, and
his/her personal mental attitude, the effect it may have on other inmates
and institutional operations, the effect it may have on any victims, and
the effect of an interview with respect to any pending review of
clemency applications or litigation involving the inmate. All interviews
must be approved by the Director and the interview may be approved
with or without cameras, at the Directors discretion. Any news media
visit can be denied, canceled or restricted by the Director, Public
Information Officer or Warden if there are security concerns based on
present circumstances or concerns regarding subject matter.
Visits Other Than on Regular Visitation Day
If the Warden approves, visits may be granted any two (2) days to
approved visitors whose residence is more than three hundred (300)
miles from the unit/center. These are not extra visits and will count
toward the inmates allowed number of monthly visits. The visitor must
request the visit twenty-four (24) hours in advance during regular
business hours.
Consistent with the provisions of Arkansas Code Annotated §9-27-303
as amended by Act 993 of 2017, the ADC will support the efforts of the
Department of Human Services - Division of Children and Family
Services (DHS-DCFS) to reunify a family after a child is placed out of
his or her homeby facilitating a special visit between incarcerated
parents, their minor child(ren) involved in an active DHS-DCFS case,
and DHS-DCFS staff. However, the Warden/Center Supervisor may
deny admission to a visitor or, limit the number of visitors, based upon
security considerations or staffing limitations. A request for this special
visitation shall be submitted in writing to the Warden/Center
Supervisor a minimum of five (5) business days in advance of the
requested special visitation. The request must include a completed
visitation form for each person requesting to participate in the
visitation.
Video Visitation
Video visitation is also available at some facilities. Visitors must be
listed on the inmates approved phone or visitor list. Attorneys may not
use the ADC video visitation system. Visitors must schedule all
appointments 48 hours prior to start time. Visits are 30 minutes in
length and will begin promptly at the start time. All visitation rules
apply, including dress code. Visits are monitored by division staff.
Officers can terminate an active visit at any time. Violation of any
visitation rules, including displaying sexual acts or other prohibited
behavior on video visitation will result in cancellation of all visitation
privileges. The recording or photographing of a video visit is
45
prohibited. Individuals found to be in violation of this policy, will have
their visitation privileges suspended for a minimum of one (1) year
from the date the ADC becomes aware of the first violation. A
subsequent violation will result in the permanent loss of the visitation
privileges of the violator.
The cost of a video visit is $12.99 for 30 minutes. Visitors can contact
Securus Customer Service at 877-578-3658 for technical assistance
and billing questions. Please check with your Unit Visitation Clerk for
availability and scheduling.
Any behavior on the part of the inmate or visitor that is or may be
disruptive to the security and good order of ADC operations or violates
ADC rules will result in denial of or termination of the visit. Visitation
is a privilege and visitation privileges will be denied should the ADC
determine a visitor or inmate has attempted to violate ADC rules or
regulations. Visitorsclothing must be appropriate for the age and
occasion. Any visitor who is removed from an inmates visitation list,
regardless of why the removal occurred, shall wait a minimum of six
months before being eligible to be placed on any inmates visitation
list. Any visitor found to have knowingly introduced, or attempted to
introduce, contraband or who refuses to comply with a search
requested by staff may be removed from the inmates visitation list for
a minimum of one (1) year. The visitor must reapply for visitation
privileges for any inmate through the application process. Any visitor
who refuses to comply with searches as requested by staff shall be
removed from the inmates visitation list as refusal will be considered
an attempt to introduce contraband. The visitor will also be removed
from the inmates telephone list. Any visitor found to have knowingly
introduced, or attempted to introduce, drugs, cell phones, weapons,
implements of escape, tobacco products, or any other items that
threaten the security and good order of the institution may be
permanently prohibited from visiting at any ADC location.
Family, friends, attorneys and spiritual advisors can always check the
DOC website for more information and visitation updates.
Furloughs
Emergency Furloughs
A temporary release, subject to appropriate supervision, may be
granted of an inmate due to the critical illness and/or death of an
immediate family member on the inmates approved visitation list.
However, per ADC policy, the immediate family member must be on
the inmates approved visitation list under Relatives/Associates. In all
46
cases, before approving an emergency furlough, the unit Warden/
Center Supervisor or designee shall be satisfied that the inmate to
whom an emergency furlough is granted:
Other procedural requirements are duly noted in the appropriate
Administrative Directive.
Meritorious Furlough
A meritorious furlough may be granted if you have maintained a status
of Class I-A or I-B for one year, have not been sentenced to death or
life without parole along with other criteria. The entire Meritorious
Furlough Review Committeemust approve all meritorious furloughs.
Under state law, meritorious furloughs cannot be granted to inmates
sentenced for capital murder, murder in the first degree, kidnapping,
stalking, rape, any other offense concerning sexual offenses, any
offense concerning sexual exploitation of children or any offense
concerning use of children in sexual performance.
Once the inmate initially becomes eligible for a meritorious furlough,
the sheriff and prosecuting attorney from the sentencing county shall be
notified that the inmate will be eligible for a meritorious furlough once
every six months. In addition, a request shall be made to the sheriff and
prosecuting attorney of the sentencing county concerning any
comments they may have in reference to the inmates furlough
eligibility. The sheriff in the county and the chief of police in the city
where the inmate wishes to visit must be notified prior to the inmates
release on furlough on the Law Enforcement Notification Form. Upon
request of an inmates victim, the ADC shall inform the victim at least
thirty (30) days before release of the inmate on furlough.
Other procedural requirements are duly noted in the appropriate ADC
policies.
Work Release Furloughs
Work Release furloughs may be granted for one weekend a month to
inmates participating in a Work Release Program.
(1) Does not presently have an abnormal, uncontrollable
propensity for violence;
(2) Does not constitute a security risk;
(3) Is capable of abiding by the terms and conditions of a
furlough; and
(4) Will not be endangered or endanger another person during
such release.
47
Act 309 Furloughs
If approved, Act 309 furloughs are to be taken on the weekend, not to
exceed 48 hours and no more often than every 90 days.
No furlough will be granted during a holiday weekend.
Commissary
Each unit has a commissary or some way to purchase items that are not
normally provided by the ADC. The Board of Corrections sets the
weekly limit of money allowed to be spent. A list of available items
and purchase prices is provided at each commissary. Availability and
price are subject to change without prior notice due to the vendor.
Your ID is required to receive commissary. The last business day of
each month, the commissary is closed for inventory, so there may be
changes made to store days.
Indigent Program
Criteria is as follows:
Eligible inmates may request any items from the approved list every
30 days not to exceed value of $12.00. At the Wardens discretion,
some items may be prohibited in lockdown areas for security purposes
(.e.g, emery boards, dental floss, etc.). Requests will be filled on the
last day of the month.
The system will not let you have an item before the allotted time
frame, not even one day early. The system cannot be backdated for
unavailable items. Items will be issued to eligible inmates in the same
manner as the units procedure for commissary. Eligible indigent
inmates will shop on routine schedules with non-indigent inmates.
Indigent commissary lists will be filled according to availability and in
the order they are received. Any outside money that the inmate
received while in the indigent program can go to pay for filing fees,
1. Beginning date of eligibility determination shall be the date the
inmate is received by the ADC.
2. An inmate shall be eligible for the program if their inmate trust fund
banking account balance is less than $10.00 and the inmate has
received less than $10.00 on their account during the immediate
preceding thirty (30) days.
3. If the inmate has an account balance less than $10.00 and has
received less than $10.00 during the immediate preceding thirty (30)
days, issues of indigent items shall be reduced by value of the
account balance.
48
legal postage or any outstanding costs.
Money
Inmate Accounts
Upon entering the ADC, an account will be set up for you to allow
deposits of money while you are incarcerated. Your account will be
charged for all purchases made through the commissary.
You cannot receive cash. Only money orders and government checks
will be posted to your account.
Money orders should be made payable to the inmates name and ADC
number. A Money Order Deposit Slipmust be completed and sent
with each money order. Deposit slips are available online at the ADC
Website: www.arkansas.gov/doc. Inmates also have access to the
deposit slips at each unit and can mail them to family members. All
money must be sent directly to Inmate Banking:
Arkansas Department of Corrections
Trust Fund Centralized Banking
P. O. Box 8908
Pine Bluff, AR 71611
Family and friends can also send money through the ADC Website or
by phone at 1-866-250-7697. These methods require a credit card and
involve a small processing fee.
You cannot ask your family to put money on another inmates account.
Also, gambling, lending and borrowing of any kind is prohibited.
Trafficking and Trading is a rule violation and circumventing rules by
having money put on anothers account will result in disciplinary
action and suspension of visitation and phone privileges.
Disbursements
Instructions on how to make disbursements from your inmate account
are available from your units business manager, commissary manager
or bookkeeper.
Gate Money
The ADC provides most inmates with money (debit card) when they
are released from ADC custody. The money is not provided to inmates
being released to a detainer or to Work Release inmates unless the
Director makes an exception. A portion of each debit card is retained
until conditions of release are verified, and may be used for a drivers
license.
49
Marriage
Inmate marriage requests are submitted to the unit Chaplain, who will
schedule an interview so the necessary paperwork can begin. There is
a 90-day waiting period that starts on the day of the inmates interview
with the Chaplain. The request is sent from the Chaplain to the Warden
for approval. If the Warden approves the marriage request, a date is set
for the ceremony. You must be Class I to submit a marriage request.
The Chaplain should conduct a pre-marital counseling meeting with
both the inmate and the intended spouse. The marriage ceremony shall
be supervised by the Unit/Senior Chaplain. The ceremony may not be
performed by a state paid chaplain or anyone with a current ADC
volunteer badge, but may be performed by anyone authorized by law
to conduct marriages. Verification of the officials credentials may be
required. The ADC security regulations concerning photographs and
authorized items shall apply to marriage ceremony participants. The
inmate will wear clean pressed whites for the marriage ceremony.
Fiancéeée and visitorsdress must be appropriate for the occasion.
You, your family, friends or another private source must pay all
financial obligations of the wedding, including transportation costs. Up
to six guests may attend the ceremony. Their names must be provided
in advance to the Warden, and all guests must be on your approved
visitation list. No reception or visitation will be permitted following
the ceremony.
Proxy marriages are prohibited.
Law Library
All units, except Work Release Centers, have a law library that is open
during set hours. The Compliance Office makes sure information
available at unit law libraries are kept up-to-date.
Inmate Groups
Inmate Councils
Some ADC units have an Inmate Council for inmates. If you are
interested, information is available at your unit.
Inmate Panels
An inmate panel is a select group of inmates who appear before school
groups, civic clubs and other organizations to discuss problems of
crime and delinquency. Only inmates with outstanding institutional
records will be considered for participation.
50
Alcoholics Anonymous/Narcotics Anonymous
At many units, community volunteers hold weekly meetings with
inmates who indicate they have alcohol or drug problems.
Parole/Transfer and Pardons
Parole/Transfer
Parole or transfer is early release from incarceration, and it is
supervised and conditional. Since parole is a privilege and not a right, it
may carry several conditions. An inmate can be required by the Parole
Board to complete certain ADC programming such as Substance Abuse
Treatment, Academic Education, Vocational Education, and Reduction
of Sexual Victimization Program or the Sex Offender Female
Treatment Program before being released on parole. Because programs
have waiting lists, you should request a program and not wait to be
stipulated or you can delay your release.
If the conditions of release are not met or if you fail to follow the
reporting schedule, parole can be revoked and you can be sent back to
prison.
Parole Eligibility/Transfer Eligibility Dates
The records offices of the various units compute parole eligibility or
transfer eligibility dates. All inmates, except those sentenced to life, life
without parole, death or certain repeat offenders, can be eligible for
parole/transfer at some point. Eligibility dates will depend on state laws
concerning the crime, the sentence and good time. The eligibility date
can change because of disciplinary action or additional convictions.
Supervision of Parolees
The Division of Correction does not supervise parolees. Supervision of
parolees is provided by the Division of Community Correction.
Pardons & Commutations
Pardons and Commutations are granted by the Governor and are used
to restore rights that may have been lost because of a criminal
conviction. An application for pardon can be obtained from an
Institutional Release Officer (IRO).
Executive Clemency
A commutation (time cut) is not a right but a discretionary duty of the
Governor that can be denied any for reason. You may also apply to the
Governor for a commutation, which can reduce the length of your
sentence. Eligibility criteria for the various forms of executive
clemency are listed on the application that you may request from your
Unit IRO. Once an application is submitted for screening and/or
51
consideration, the process cannot be interrupted. The following are
examples of grounds upon which an application may be filed: (1) to
correct an injustice which may have occurred during the trial; (2) life
threatening medical condition which does not qualify for Act 290; (3)
to adjust what may be considered an excessive sentence; (4) the
persons institutional adjustment has been exemplary and the ends of
justice have been achieved. Incorrect information will be grounds for
denial. You must answer all questions or your application will be
returned. Attach additional pages if necessary to answer questions.
Type or print your application using blue or black ink pen. An
applicant for commutation (time cut) should understand that the
process will take several months, even a year or more in some
instances. The Parole Board must review all applications. After the
Parole Board makes the review and recommendation, you will be
notified. The Governor relies on the recommendation of the Parole
Board and will not review any application, which has not been first
reviewed by the Parole Board. The Governor does not review files
taken out of order. There is no appeal process for commutation (time
cuts). If the Governor denies the application, that decision is final.
Emergency Powers Act (EPA)
The Emergency Powers Act gives the Board of Corrections the
authority to declare a prison-overcrowding emergency and to move
parole/transfer eligibility dates forward by up to 90 days for eligible
inmates. Even if the EPA is in effect, the Parole Board must still
approve inmates for parole, and an approved parole plan must exist
prior to release.
Under the expanded version of the EPA, inmates convicted of a
nonviolent offense (except for those sentenced under Act 1326), who
are Class I or Class II, have been in the ADC system for at least six
months, and do not have a violent disciplinary history may be eligible
for release up to one year early.
Legal Assistance
There are licensed Arkansas Attorneys to assist with legal advice and
explanations of court documents. The attorneys cannot represent
inmates in lawsuits against ADC or its employees or on matters
concerning criminal convictions. However, they can represent inmates
in certain divorce and Department of Human Services matter.
52
Supermax
All inmates transferred to the Varner Supermax Program will have a
due process hearing. This hearing requires a 24-hour advance notice to
the inmate. The sending unit may recommend that an inmate be
transferred to the Supermax for any of the following:
1. Escape from inside a secure facility
2. Battery on staff with injury
3. Battery on another inmate with serious injury
4. Disciplinary conviction for a violent felony
5. Other reasons that the Warden believes may constitute a serious
threat to the security and good order of the institution
Transfer Appeals
The committees decision to transfer an inmate to the Supermax
Program may be appealed by the inmate to the Chief Deputy Director
within fifteen (15) days after the inmate receives a copy of the decision.
Recommendation for transfer should be submitted to the Classification
Administrator for review and any discussion, if appropriate.
Varner Supermax Program Rules
The Varner Supermax has a separate handbook that is issued to inmates
who are assigned to that program.
53
Notes