Arkansas Administrative Code

12 CAR § 51-1607. Health authority inspections. (a) Written policies and procedures specify the food services comply with the applicable sanitation and health codes as promulgated by federal, state, and local authorities. (b) A copy shall be sent to the Criminal Detention Facilit…

12 CAR § 51-1701. General. (a) While this subpart deals with specific fire and safety measures, this subpart is not intended to be all-inclusive in regard to the safety and welfare of the individual juvenile. (b) Because potential hazards are too numerous to detail, it is the res…

12 CAR § 51-1702. Inspection. The chief executive shall have the facility inspected at least once every year by the state or local fire marshal for fire prevention and safety measures, and a record of such inspections will be kept on file within the facility.

12 CAR § 51-1703. Fire plans. (a) A written fire plan concerning fire prevention shall be maintained to ensure the safety of the: (1) Juveniles; (2) Staff; and (3) Visitors. (b) The plan should detail staff responsibilities, cover evacuation procedures, and through a posted map o…

12 CAR § 51-1704. Firefighting equipment. (a) Basic firefighting equipment, to include at least fire extinguishers, plus emergency compressed air breathing apparatus shall be maintained in a secure but accessible storage area. (b) The self-contained breathing apparatus needs to b…

12 CAR § 51-1705. Other emergency plans. (a) A written emergency plan which covers all emergencies other than fire shall be maintained and all personnel shall be trained and knowledgeable of their duties should an emergency occur. (b) Evacuation procedures shall be detailed and d…

12 CAR § 51-1706. Exits. (a) Facilities’ exits must be plainly and permanently marked. (b) All corridors and walkways leading to or from an exit shall be kept free of refuse, litter, and obstacles of all types which might cause problems under emergency conditions.

12 CAR § 51-1707. Secure storage. (a) Storage of flammable, toxic, and caustic materials must conform to local, state, and national laws, rules, or regulations. (b) House cleaning supplies shall be kept in a secure and uncluttered closet or locker provided for those materials and…

12 CAR § 51-1801. Minimum services. The facility shall provide or make available the following minimum services and programs: (1) An educational program (not applicable to holdover facilities); (2) Visiting with parents and guardians; (3) Private communications with visitors and …

12 CAR § 51-1802. Programs available after admission. Programs and services are initiated for all juveniles as soon as they have completed the admissions process.

12 CAR § 51-1803. Educational opportunities — Not applicable to holdover facilities. (a) Educational programs shall be available to all juveniles except in instances where the juvenile is disruptive or out of control. (b) Once the juvenile has regained control or becomes nondisru…

12 CAR § 51-1804. Minimum time — Not applicable to holdover facilities. (a) Educational programs in detention facilities are designed to assist detained juveniles in keeping up with their studies and are available a minimum of six (6) hours per day, Monday through Friday, excludi…

12 CAR § 51-1805. Licensed instructors — Not applicable to holdover facilities. Educational instructors are licensed or accredited by the state, or they are under the supervision of certified or licensed teachers.

12 CAR § 51-1806. Exercise and recreation. Written policies and procedures provide a recreational and leisure plan that includes, at a minimum, at least one (1) hour per day of large muscle activity.

12 CAR § 51-1807. Counseling. Detained juveniles are afforded access to religious counseling, mental health counseling, and crisis intervention services in accordance with their needs.

12 CAR § 51-1808. Work assignments — Not applicable to holdover facilities. Work assignments shall not conflict with educational programs.

12 CAR § 51-1809. Work. Juveniles shall not be permitted to perform any work prohibited by state rules and federal regulations and statutes pertaining to child labor.

12 CAR § 51-1810. Preadjudicated juveniles. Preadjudicated juveniles should only be responsible for performing housekeeping chores in their living areas.

12 CAR § 51-1901. Citizen involvement. Written policies and procedures provide for securing citizen involvement in programs.

12 CAR § 51-1902. Volunteer services program. Written policies and procedures specify the lines of authority, responsibility, and accountability for the volunteer services program.

12 CAR § 51-1903. Screening and selection. Written policies and procedures provide for the screening and selection of volunteers, allowing for recruitment from all cultural and socio-economic segments of the community.

12 CAR § 51-1904. Security and confidentiality. Volunteers agree in writing to abide by all facility policies, particularly those relating to security and confidentiality of information.

12 CAR § 51-1905. Volunteer restrictions. Written policies and procedures provide that the administrator curtails, postpones, or discontinues the services of a volunteer or volunteer organization when there are substantial reasons for doing so.

12 CAR § 51-2001. Definition. For the purpose of this subpart, “existing facility” means a facility which is in operation on or before the adoption of this part.

12 CAR § 51-2002. Inspections. On-site inspections of detention facilities shall be the duty of the criminal detention facility review committee and they shall use this part to determine compliance.

12 CAR § 51-2003. Documentation. (a) Copies of all reports and documents pertaining to detention facilities shall be sent to the Office of Criminal Detention Facilities Review Coordinator. (b) A master file of inspection reports on each facility shall be maintained by the crimina…

12 CAR § 51-2004. Environmental systems generally. (a) Lighting will be appropriate to the activity for the area in question. (b) Air circulation shall be provided and temperature shall be maintained between sixty-five degrees Fahrenheit and eighty-five degrees Fahrenheit (65° F …

12 CAR § 51-2005. Fire alarm. (a) Fire, smoke, and products of combustion detection equipment shall be provided in accordance with the latest adopted Arkansas Fire Prevention Code, 12 CAR pt. 15. (b) Said equipment will be battery-powered or part of the emergency power system.…

12 CAR § 51-2006. Disabled accessibility. (a) There shall be facilities available in which to house and care for disabled juveniles. (b) Readily available alternative facilities may be used to meet this requirement.

12 CAR § 51-2007. Exits. (a) There shall be at least two (2) identifiable directions to travel from the door of the sleeping room or rooms to permit the prompt evacuation of juveniles and staff under emergency conditions. (b) Required exits should lead directly to a hazard-free a…

12 CAR § 51-2008. Intake, booking, and release areas. (a) The intake/booking and release area should be located inside the security perimeter, and have the following components: (1) Booking area; (2) Access to: (A) Drinking water; (B) Toilet; and (C) Wash basin; (3) Secure storag…

12 CAR § 51-2009. General housing requirements. All rooms shall have, at a minimum, access to the following facilities: (1) A toilet above floor level; (2) A wash basin and shower facilities, both with hot and cold running water; and (3) A bed above floor level.…

12 CAR § 51-201. Governing authority — Not applicable to holdover facilities. The governing authority will hold meetings at least semiannually with the facility administrator to: (1) Facilitate communication; (2) Establish policy; (3) Explore problems; (4) Ensure conformity to le…

12 CAR § 51-2010. Single occupancy housing. (a) The minimum square foot area of single sleeping or observation rooms will be fifty square feet (50 ft2) per juvenile. (b) If confinement exceeds twelve (12) consecutive hours per day, seventy square feet (70 ft2) per room will be pr…

12 CAR § 51-2011. Multiple occupancy housing. (a) Where used, multiple occupancy sleeping rooms shall house no more than four (4) juveniles. (b) This area shall provide: (1) The ability for observation by staff; (2) A minimum floor area of thirty-five square feet (35 ft2) per juv…

12 CAR § 51-2012. Special housing — Not applicable to holdover facilities. (a) There shall be at least one (1) room for administrative segregation of juveniles which provides for staff observation. (b) Readily available alternative facilities may be used to meet this requirement.…

12 CAR § 51-2013. Activity rooms — Not applicable to holdover facilities. (a) Activity rooms in the facility must have sufficient air circulation, temperature, and lighting for the activities being performed and access to toilets and wash basins within the area. (b) These areas i…

12 CAR § 51-2014. Linen storage. (a) Space shall be provided to store and issue facility clothing and bedding, and to provide for the exchange of personal and facility clothing when juveniles appear in court or are to be released. (b) Storage space for clean bedding and facility …

12 CAR § 51-2015. Exercise spaces — Not applicable to holdover facilities. (a) Juveniles detained in excess of seventy-two (72) hours shall have access to outdoor or indoor exercise areas. (b) Indoor exercise programs may be conducted in a multipurpose room or room specifically s…

12 CAR § 51-2016. Secure storage. (a)(1) Space shall be provided for the secure storage of chemical agents and restraining devices and related security equipment. (2) The equipment shall be located in an area which is accessible to authorized personnel only. (b) Separate and secu…

12 CAR § 51-2017. Administrative space. Adequate space will be provided for general administrative and staff functions.

12 CAR § 51-2018. Food service. Adequate space and equipment will be provided for food preparation and/or handling.

12 CAR § 51-2019. Visitation and consultation area. The area for approved visitors shall be inside the security perimeter of the facility.

12 CAR § 51-202. Nonoffenders. Juveniles who have not been charged with a status offense or a criminal offense shall not be held in the facility.

12 CAR § 51-203. Maintenance. Service personnel, other than facility staff, shall perform work in the facility only under direct and continuous supervision of facility staff in those areas permitting contact with juveniles.

12 CAR § 51-204. Policies and procedures. The facility shall adopt and enforce written policies and procedures which: (1) Provide for a communications system within the facility that requires at a minimum that the facility administrator meets at least monthly with all staff membe…

12 CAR § 51-205. Organizational chart — Not applicable to holdover facilities. There is an organizational chart for the facility staff that accurately reflects the structure of authority, responsibility, and accountability within the facility.