Arkansas Administrative Code

12 CAR § 50-1625. Administrative space. Space will be provided for general administrative and staff functions.

12 CAR § 50-1626. Food service space. Space and equipment will be provided for food preparation and handling in accordance with Department of Health guidelines.

12 CAR § 50-1627. Visitation and consultation area. (a) The area for in-person visitation by the public shall be outside the security perimeter, while the visiting area for the detainee shall be inside the security perimeter. (b) The visiting area shall be acoustically treated to…

12 CAR § 50-1628. Health room. New facilities must contain a health room that can be used as a private examination room for the provision of healthcare services as described in 12 CAR § 50-902.

12 CAR § 50-1701. Twenty-four-hour or overnight facility. (a) Twenty-four-hour or overnight facilities are not required to conform to the following standards. (b) All standards not specifically listed within this section shall apply to twenty-four-hour or overnight facilities: (1…

12 CAR § 50-1702. Book-in facilities. (a) Book-in facilities as defined herein are not required to conform to the following standards. (b) All standards not specifically listed within this section shall apply to book-in facilities: (1) General guidelines, 12 CAR § 50-1101; (2) Fo…

12 CAR § 50-1703. Holding cells. Holding cells as defined herein are not required to conform to the standards set forth within this part, except that a holding cell shall be required to have: (1) Reasonable access to toilet facilities; (2) The ability for observation by staff; an…

12 CAR § 50-201. Administrator. (a)(1) The chief executive of each criminal detention facility shall designate an administrator to oversee the operation of the facility or shall assume that position himself or herself. (2) A person so designated shall be vested with the authority…

12 CAR § 50-202. Involvement of chief executive. The chief executive shall be fully informed on all aspects of the criminal detention facility at all times and shall be knowledgeable of staff management procedures and detainee safety, security, and welfare.

12 CAR § 50-203. Written policies. (a) The chief executive shall prepare a written policy for all areas required by the applicable standards in this part. (b) These policies shall be made available to all staff. (c) Provisions should be made for two-way communication between all …

12 CAR § 50-204. Fiscal management. (a) The chief executive, or his or her designated administrator, shall be responsible for total fiscal management of the funds so provided by the governing body. (b) This responsibility includes budgeting for needed equipment, supplies, personn…

12 CAR § 50-301. Applicability. This subpart is applicable to all personnel employed in a criminal detention facility.

12 CAR § 50-302. Minimum standards for personnel. (a)(1) When personnel are being hired, special inquiry shall be completed, giving special attention to the: (A) Details provided in the application; (B) Background investigation; and (C) Verbal responses to questioning of the appl…

12 CAR § 50-401. Personnel orientation. (a) The chief executive or the administrator shall be responsible for ensuring that any employee charged with custody of a detainee is briefed on the care, treatment, custody, and control of detainees. (b) Prior to assuming duties that requ…

12 CAR § 50-402. Rules of conduct. (a) Basic rules of employee conduct and discipline shall be in writing and provided to each employee. (b) The chief executive is responsible for the content of the rules of conduct, but at a minimum those rules shall cover the topics listed belo…

12 CAR § 50-501. Receiving of detainee. The chief executive shall establish a written procedure for the acceptance of detainees into the criminal detention facility.

12 CAR § 50-502. Verification of detainment. The chief executive shall establish written procedures to ensure that all warrants, court orders of commitment, arrest reports, or other legal bases for confinement are checked for completeness to include an authorized signature and to…

12 CAR § 50-503. Jail log. (a) A jail log or other detention record that provides accurate facility intake and population records shall be kept and shall include all pertinent information on every detainee. (b) This log should contain: (1) Relevant characteristic and demographic …

12 CAR § 50-504. Detainee information. (a) At intake, the following information shall be obtained and maintained within the facility. (b) However, this information need not be obtained by the same facility more than once in any thirty-day period: (1) Previous criminal record; (2)…

12 CAR § 50-505. Personal property of detainee. (a) All personal property belonging to a detainee shall be properly accounted for on a written receipt and placed in an envelope or other container which clearly identifies by appropriate markings that the detainee is the owner of t…

12 CAR § 50-506. Search during receiving of detainee. (a) At the time a detainee is being searched, he or she should be checked for lice or other pests, cuts, bruises, needle marks, or any other bodily injuries, and all findings shall be entered in the detainee’s personal record.…

12 CAR § 50-507. Strip searches. (a) Strip searches shall be conducted in private by a person of the same biological sex as the detainee being searched except when circumstances make the presence of additional personnel necessary. (b) The chief executive shall have a written stri…

12 CAR § 50-508. Opportunity to arrange bond. After the booking procedure is completed, the detainee shall be allowed to call, without expense, an Arkansas licensed bonding company or an individual of their choosing for the purpose of arranging bond payment.

12 CAR § 50-509. Detainee orientation to facility rules. In full-service facilities, the chief executive shall establish a written policy requiring the provision of facility rules to detainees during or immediately following the booking procedure.

12 CAR § 50-510. Assignment to quarters. (a) At the conclusion of the booking procedure, the detainee shall be assigned suitable quarters, clean and adequate bedding, and other items necessary for sanitation and proper hygiene. (b) Pursuant to Arkansas Code § 12-32-103, every det…

12 CAR § 50-511. Disciplinary actions. (a) Disciplinary actions taken against a detainee for any cause shall be documented in writing. (b) The chief executive shall have a written policy requiring that a full and complete record of the disciplinary process be maintained in the de…

12 CAR § 50-512. Critical or significant occurrences documented in writing. (a) A full and complete record of any critical or significant occurrence shall be documented in writing in the file of the detainee or detainees concerned. (b) Critical or significant occurrences include …

12 CAR § 50-513. Records retention policy. (a) Each facility shall establish a records retention policy which conforms in all respects to applicable local, state, and federal laws. (b) This policy shall include, without limitation, those standards and procedures set forth by Arka…

12 CAR § 50-601. Written disciplinary policy. (a)(1) The chief executive shall publish detainee rights and rules of conduct specifying disciplinary action or actions and penalties which may result from infractions. (2) This shall be made available to all detainees. (b) Provisions…

12 CAR § 50-602. Written detainee rights. Published detainee rights shall include, without limitation, the following provisions: (1)(A) All detainees of a criminal detention facility shall have reasonable access to the courts through self-representation or through an attorney, wh…

12 CAR § 50-603. Written disciplinary procedures. The chief executive shall establish a written policy regarding detainee disciplinary procedures that shall include, at a minimum, the following: (1) A definition of minor detainee infractions and the appropriate disciplinary actio…

12 CAR § 50-701. Classification system required. (a)(1) The chief executive shall establish a policy providing for a classification system to be used to separate detainees into groups to enhance safety of detainees and personnel and reduce the probability of disruptive behavior. …

12 CAR § 50-702. Work release and trustee detainees. (a) Work release and trustee detainees shall be separated from other detainees to the greatest extent possible. (b) Act 309 detainees shall be housed according to the cooperative agreement executed between the political subdivi…

12 CAR § 50-703. Juvenile detainees. (a) Juveniles shall only be housed in adult detention facilities under certain circumstances established by applicable state and federal laws. (b) If juveniles are committed to an adult detention facility, the chief executive shall establish a…

12 CAR § 50-801. Security requirements and guidelines. (a) Every criminal detention facility shall have sufficient personnel to ensure that the facility is never left unattended while a person is confined therein. (b)(1) There must be personnel on duty twenty-four (24) hours per …

12 CAR § 50-802. Written policies required. The chief executive shall establish, in writing, the following policies regarding facility security: (1)(A) A procedure for the cross-gender supervision of female detainees by male staff and the supervision of male detainees by female s…

12 CAR § 50-901. Written plan required. (a) The chief executive shall establish a written policy for making all medical, dental, and mental healthcare services available for detainees. (b) The policy shall include the designation of a health authority.

12 CAR § 50-902. Healthcare delivery requirements. (a) For health care delivered in the facility, adequate space, equipment, supplies, and materials shall be provided as designated by the health authority. (b) A private examination room shall be provided, except for in book-in an…

12 CAR § 50-903. Emergency and sick call procedures required. (a) The chief executive shall establish a sick call procedure which extends medical, dental, and mental healthcare services to all detainees. (b) The chief executive shall establish an emergency healthcare procedure wh…

12 CAR § 50-904. Records required. (a) A written or electronic record shall be made and retained in the criminal detention facility’s file of all detainee medical and dental complaints and the prescribed medication or treatment. (b) Place, date, time, and nature of the healthcare…

12 CAR § 50-905. Administration of medication. (a) All medication prescribed for a detainee shall be administered in accordance with the instructions of the designated health authority. (b) A complete record shall be retained in the detainee's file of all medication prescribed. (…

12 CAR § 50-906. Emergency notification policy. A written policy established by the chief executive shall specify the process by which those individual or individuals so designated by the detainee are notified in case of serious illness or injury.

12 CAR § 50-907. Transfer of detainee records to other facilities. In accordance with state and federal law, copies of the medical record maintained by the criminal detention facility shall be routinely sent to any facility to which a detainee may be transferred.

12 CAR § 50-908. Psychiatric evaluation. (a) Detainees who exhibit signs or symptoms of an altered mental state that is not of a self-injurious nature shall be referred for mental health evaluation by a licensed provider as soon as possible. (b) Behavior which is self-injurious s…

12 CAR § 50-909. Emergency and lifesaving techniques and equipment required. (a) A first-aid kit and an automatic external defibrillator (AED) shall be available in a secure, but easily accessible, location within the criminal detention facility. (b)(1) A medical training program…

12 CAR § 50-910. Detainee testing prohibited. (a) The chief executive shall establish a written policy that prohibits the use of detainees for medical, pharmaceutical, or cosmetic experiments. (b) The policy should not preclude individualized treatment of a detainee based on his …

12 CAR § 50-911. Requirements for use of restraints in medical or psychiatric situations. (a) The chief executive shall establish a written policy providing for the appropriate use of restraints upon detainees who demonstrate the need for restraints because of medical or psychiat…