Arkansas Administrative Code

12 CAR § 70-206. Inmate labor by contractual agreement and volunteer services. (a) Policy. Acts 1983, No. 814, to permit the Division of Correction to make contractual arrangements for use of inmate labor by the following prioritized list: (1) Other state departments and agencies…

12 CAR § 70-207. Medical copay. (a) Purpose. (1) The purpose of this section is to encourage responsible use of medical services by inmates to improve the quality of the services rendered. (2) A broader purpose of providing an opportunity for inmates to learn increased responsibi…

12 CAR § 70-208. Continuity of care. (a) Purpose. To provide for continuity of care for releasees with serious physical or mental disorders or disabilities. (b) Applicability. To all: (1) Employees, especially those involved in the treatment and/or release of inmates with physica…

12 CAR § 70-209. Procedure for handling disciplinary infractions of mentally disordered inmates. (a) Purpose. (1) To ensure that policies and procedures for management of inmate behavior adequately take into account serious mental illness. (2) Also to ensure that appropriate trea…

12 CAR § 70-210. Investigation and transportation of deceased inmates. (a) Policy. (1) To ensure proper notification of all inmate deaths in accordance with Arkansas law and in order to conduct relevant investigations into the manner and cause of death. (2) To provide guidelines …

12 CAR § 70-211. Research and experimentation. (a) Policy. (1) It is the policy of the Division of Correction to: (A) Prohibit inmates from participating in medical and/or pharmaceutical testing for experimental or research purposes; and (B) Allow research in criminal behavior. (…

12 CAR § 70-301. Security. (a) Purpose. To provide security procedures for the Division of Correction. (b) Applicability. Security is the responsibility of every employee regardless of his or her job classification. (c) Policy. To ensure that all: (1) Correctional facilities prov…

12 CAR § 70-302. Disciplinary rules. (a) Policy. To ensure the orderly functioning of institutions and the safety of inmates and staff through the establishment and enforcement of rules governing inmate conduct. (b) Guidelines. (1) Rules are established and approved by the Direct…

12 CAR § 70-303. Division of Correction jail facilities. (a) Purpose. This section establishes the policy of the Division of Correction with respect to providing correctional services for jail facilities under the division’s management. (b) Applicability. This section applies to …

12 CAR § 70-304. Use of force. (a) Purpose. To provide personnel with guidance regarding the use of force. (b) Applicability. Division of Correction employees and inmates. (c) Definitions. As used in this section: (1) “Deadly force” means any force that under the circumstances is…

12 CAR § 70-305. Corporal punishment. (a) Policy of Division of Correction. The use of corporal punishment is contrary to humane standards of care and professional correctional practices and as such is absolutely prohibited by an employee of the Division of Correction. (b) Explan…

12 CAR § 70-306. Searches for and control of contraband. (a) Purpose. To provide the Division of Correction staff with information and guidelines regarding approved procedures for the suppression of contraband and to specify approved search methods. (b) Applicability. To all empl…

12 CAR § 70-307. Use of canine teams in aggression and protection roles. (a) Policy. (1) It shall be the policy of the Division of Correction to allow the utilization of canine teams (excluding tracking dogs) as an element of force applied to control situations where no alternati…

12 CAR § 70-308. Authority of unit wardens, center supervisors, administrators, or designees. (a) Policy. The Director of the Division of Correction shall delegate authority to the unit wardens/center supervisors/administrators or appropriate administrative designees to: (1) Act …

12 CAR § 70-309. Third-party agreements to house Division of Correction inmates. (a) Purpose. This section establishes the policy by which the Division of Correction may recommend to the Board of Corrections an agreement to cooperate with and contract with a third party for the p…

12 CAR § 80-101. Sex Offender Assessment Committee. (a)(1) Arkansas law at Arkansas Code § 12-12-921 establishes a nine-member Sex Offender Assessment Committee. (2) Subject to confirmation by the Senate, the Governor appoints the following six (6) members: (A) A defense attorney…

12 CAR § 80-102. Arkansas Crime Information Center. (a)(1) Maintenance of the Arkansas Sex Offender Registry and website and responsibility for tracking sex offenders in the community are vested in the Arkansas Crime Information Center. (2)(A) Information is available through the…

12 CAR § 80-103. Sex offender registration. (a)(1) Arkansas Code § 12-12-905 requires that the following persons must register: (2) A person who: (A) Is adjudicated guilty on or after August 1, 1997, of a sex offense, aggravated sex offense, or sexually violent offense; (B) Is se…

12 CAR § 80-104. Target offenses. (a) Pursuant to federal law, 42 U.S.C. 14071a, (3)A and B [repealed], target offenses include: (1) Kidnapping of a minor, except by a parent; (2) False imprisonment of a minor, except by a parent; (3) Criminal sexual conduct toward a minor; (4) S…

12 CAR § 80-105. Aggravated sex offenses. (a) “Aggravated sex offense” means an offense substantially equivalent to aggravated sexual abuse as defined in 18 U.S.C. § 2241, as it existed on March 1, 2003, which principally encompasses: (1) The following: (A) Engaging or attempting…

12 CAR § 80-106. Registration of offenders. (a)(1) A court in which an individual is either adjudicated guilty or acquitted on grounds of mental disease or defect of a sex offense, aggravated sex offense, or sexually violent offense, shall advise the individual that he or she is …

12 CAR § 80-107. Residency. (a)(1) Residency is defined by Arkansas Code § 12-12-903(10) as the place where a person lives notwithstanding there may be an intent to move or return at some future date to another place. (2) Residency also includes place of employment, training, or …

12 CAR § 80-108. Verification of residency. (a)(1) Pursuant to Acts 2011, No. 64, Arkansas Code § 12-12-909, the Arkansas Crime Information Center was directed to provide an electronic format for the law enforcement community to use to register, update, and verify sex offenders i…

12 CAR § 80-109. Individualized community notification assessment. (a)(1) SOCNA, under the auspices of the Sex Offender Assessment Committee, must conduct a community notification assessment on each adult sex offender required to register in Arkansas, unless: (A) The offender was…

12 CAR § 80-110. Assessment process. (a) Sex offender community notification assessments may include, but are not limited to, the following: (1) A review of the sex offender’s criminal history, with particular attention given to any offense that was sexual or violent in nature; (…

12 CAR § 80-111. Referrals. (a) Sex offenders are referred to SOCNA for assessment in a number of ways. (b) Arkansas Crime Information Center should electronically alert SOCNA of each newly registered sex offender. (c)(1) Law enforcement should alert SOCNA of sex offenders living…

12 CAR § 80-112. Initial information gathering. (a) Pursuant to Arkansas Code § 12-12-917, prosecutors shall forward a copy of their file to SOCNA within thirty (30) days of conviction of an offense requiring registration of a sex offender. (b) Referrals from law enforcement, a c…

12 CAR § 80-113. General information gathering. (a) Diligent attempts will be made to gather all available information necessary to complete an accurate assessment and all attempts will be documented. (b)(1) Desired information for a complete and accurate assessment is listed bel…

12 CAR § 80-114. Interview. (a)(1) Arkansas Code § 12-12-917(b)(4)(B) protects any admissions to SOCNA made by the offender during the assessment interview from use in a criminal proceeding. (2) Therefore, the offender may not avoid answering any questions by claiming protection …

12 CAR § 80-115. Actuarial instruments. (a) The interviewer will complete the actuarial instruments deemed appropriate in accordance with the scoring guidelines for each instrument. (b) The actuarial instruments are: (1) Only one (1) component of the assessment process; and (2) C…

12 CAR § 80-116. Default assessment determination. (a)(1) If an offender living in the community fails to appear for his or her first scheduled interview, he or she will be sent another letter scheduling a second interview. (2) If the offender fails to appear for the second appoi…

12 CAR § 80-117. Paperwork — DNA — Digital photographs. (a)(1) While conducting the assessment, a SOCNA staff person will be assigned to: (A) Monitor offenders; (B) Complete the SOCNA Sex Offender Community Notification Disclosure Form and the Arkansas Crime Information Center Ac…

12 CAR § 80-118. Truth verification techniques. (a) If SOCNA staff determines that additional information may be obtained, a computerized voice stress analysis (CVSA) or polygraph may be used. (b) The SOCNA administrator and/or SOCNA psychologist can make the final decision wheth…

12 CAR § 80-119. Sexually Dangerous Person (SDP). (a)(1) Sexually Dangerous Person refers to a person who: (A) Has been adjudicated guilty of a sex offense or acquitted on the grounds of mental disease or defect of a sex offense; and (B) Suffers from a mental abnormality or perso…

12 CAR § 80-120. Community notification levels. (a) After completing the assessment process, each offender will be assigned one (1) of the following community notification levels. (1) Level 1. (A) Typically, offenders in this category have no prior history of sexual offending and…

12 CAR § 80-121. Overrides and departures. (a) The actuarial tools used during the assessment are only one (1) component of a community notification assessment. (b) The other components of the assessment have been previously described in these guidelines. (c) The following additi…

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12 CAR § 80-123. Considerations for decreased notification. (a) If after treatment (behavioral, anti-androgen, or other), the offender is able to show evidence that the treatment has significantly enhanced the offender’s impulse control ability and decreased the predisposition to…

12 CAR § 80-124. Sex offender assessment report. (a) A sex offender assessment report may be written: (1) Summarizing the important aspects of each record completed, indicating the level of community notification level assigned the offender; and (2) Providing recommendations for …

12 CAR § 80-125. Offender fact sheet. (a) The offender fact sheet will include the following information. (b) Pursuant to Arkansas Code § 12-12-917(f)(4)(B), the offender fact sheet will include the following information, as applicable: (1) Registration information as required in…

12 CAR § 80-126. Notification of community notification assessment level to the offender. (a) The offender will be notified by both certified mail and first-class mail of the assessed community notification level and the rights and procedures for administrative review. (b) The no…

12 CAR § 80-127. Administrative review. (a)(1) The offender’s request for an administrative review must be made, in writing, within fifteen (15) days of receipt of the advisement of the assessment level notification sent to the offender by certified mail and first-class mail. (2)…

12 CAR § 80-128. Judicial review. (a) Upon receipt of the findings of the administrative review, the offender has thirty (30) days to file a petition under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., in Pulaski County Circuit Court or in the circ…

12 CAR § 80-129. Preparing the record. SOCNA will use the following procedure when preparing the record for the judicial review: (1) Copy information contained in the record; (2) Remove duplicates, unless the duplicates have notes written on them or contain information not on the…

12 CAR § 80-130. Notification. (a)(1) If a request for administrative review is not received within twenty (20) days of the postmark of the advisement of the community notification level, the notification process will proceed. (2) A copy of the sex offender assessment and offende…

12 CAR § 80-131. Notification guidelines. (a)(1) The notification guidelines indicate which segments of the community must be notified. (2) Notification given to any individual or agency does not authorize that individual or agency to disseminate information beyond those residing…

12 CAR § 80-132. Level 1 – Low community notification. (a)(1) The law enforcement agency having jurisdiction, and other law enforcement agencies likely to encounter the offender. (2) This may include state and federal law enforcement agencies, campus police, school safety officer…