Arkansas Administrative Code

12 CAR § 51-206. Rules for private facility operation. If not a governmental entity, the facility has bylaws approved by the governing authority which are filed with the local and state body and include at a minimum: (1) Membership (types, qualifications, community representation…

12 CAR § 51-2101. Definitions. (a) For purposes of this subpart: (1) "New construction" means: (A) Any new facility; (B) Any area of construction added beyond outside walls and/or roof of an existing facility; and (C) Any area of construction within an existing facility affecting…

12 CAR § 51-2102. Plan review. (a) All design plans shall be presented in person to the Criminal Detention Facilities Review Coordinator by the facility’s architect or the architect’s representative. (b) The design plans shall also be accompanied by a written narrative explaining…

12 CAR § 51-2103. Plan approval. (a) The criminal detention facility review committee shall have final approving authority of plans relating to compliance with this subpart for the construction of juvenile detention facilities. (b) The criminal detention facility review committee…

12 CAR § 51-2104. Documentation. (a) Copies of all reports and documents pertaining to juvenile 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 th…

12 CAR § 51-2105. Building codes. (a) All new construction, in addition to this subpart, will be designed and constructed in accordance with the codes and standards adopted by the State Fire Marshal, Department of Health, Building Authority Division, and others as required, and t…

12 CAR § 51-2106. 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 § 51-2107. Fire detection. (a) Fire, smoke, and products of combustion detection equipment shall be provided according to 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 § 51-2108. Disabled accessible. (a) There shall be facilities available in which to house and care for disabled juveniles. (b) All areas of the facility including public areas shall be accessible to and usable by disabled persons.

12 CAR § 51-2109. Exits. (a) There shall be at least two (2) identified exits which can be traveled from the door of 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 …

12 CAR § 51-2110. Floor drains. (a) Floor drains shall be designed in accordance with the latest Arkansas Plumbing Code, 17 CAR pt. 65, to serve all housing and other areas where necessary to facilitate cleaning and prevent juvenile flooding of the facility. (b) Floor drains shal…

12 CAR § 51-2111. Natural light — Not applicable to holdover facilities. Natural light will be provided directly to all individual sleeping rooms and, if possible, to activity rooms and day rooms via skylight or windows, both of which are designed to minimize introduction of cont…

12 CAR § 51-2112. Controlled access. (a) All pedestrian entrances and exits to the facility shall be via sally port. (b) Electric doors, if used, should be visible physically or electronically and be operated from the control center. (c) The vehicular sally ports should be locate…

12 CAR § 51-2113. Intake, booking, and release area or areas. (a) Intake/booking and release area shall be located inside the security perimeter and have the following components: (1) Booking area or areas; (2) Sally port vehicular and/or personnel; (3) Access to drinking water; …

12 CAR § 51-2114. Juvenile separation. (a) The facility shall be designed and constructed so that juveniles can be separated according to existing laws, rules, and regulations, or according to the facility's written classification plan. (b) The facility shall have a sufficient nu…

12 CAR § 51-2115. General housing requirements. Activity rooms or detention rooms shall have, at a minimum, access to the following facilities: (1) At least fifty percent (50%) of the facility's rated capacity shall be single occupancy sleeping rooms; and (2) Sleeping rooms shall…

12 CAR § 51-2116. Single occupancy housing. (a) All single rooms shall have a minimum seventy square feet (70 ft2) of floor space. (b) Space is measured from interior wall to interior wall less the space occupied by plumbing chases and columns. (c) The space does include the area…

12 CAR § 51-2117. Multiple occupancy housing. (a) Where used, multiple occupancy sleeping rooms may house no more than two (2) juveniles. (b) These areas will provide: (1) The ability for observation by staff; (2) A minimum floor area of thirty-five square feet (35 ft2) per juven…

12 CAR § 51-2118. Special housing — Not applicable to holdover facilities. (a) There shall be at least one (1) room for administrative segregation for juveniles which provides for staff observation. (b) Special housing shall have, at a minimum, access to the following facilities:…

12 CAR § 51-2119. Day rooms — Not applicable to holdover facilities. (a) The room shall have a minimum of thirty-five square feet (35 ft2) of floor space per juvenile served from the separate and distinct adjacent sleeping area. (b) Square footage is to be calculated exclusive of…

12 CAR § 51-2120. Activity rooms — Not applicable to holdover facilities. (a)(1) 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. (2) These are…

12 CAR § 51-2121. 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 linen, bedding, and facility…

12 CAR § 51-2122. Exercise spaces — Not applicable to holdover facilities. (a) Juveniles detained in excess of seventy-two (72) hours shall have access to both indoor and outdoor exercise areas. (b)(1) Indoor exercise programs may be conducted in a multipurpose room or room speci…

12 CAR § 51-2123. Secure storage. (a) Space shall be provided for the secure storage of chemical agents and restraining devices and related security equipment. (b) Equipment shall be located in an area which is accessible to authorized personnel only. (c) Separate and secure spac…

12 CAR § 51-2124. Administrative space. Adequate space will be provided for general administrative and staff functions.

12 CAR § 51-2125. Food service space — Not applicable to holdover facilities. (a) Dining area shall have a minimum of fifteen square feet (15 ft2) per person, to include juveniles and staff. (b) Kitchen area shall be a minimum of two hundred square feet (200 ft2) excluding food s…

12 CAR § 51-2126. Visitation and consultation area — New language mirrors standards for adult jails. (a) The area for visitation by the public shall be outside the security perimeter. (b) The visiting area for the juvenile shall be inside the security perimeter. (c) The visiting …

12 CAR § 51-2127. Health room — Not applicable to holdover facilities. (a) For health care delivered in the facility, adequate space, equipment, supplies, and materials shall be provided as determined by the designated health authority. (b) A private examination room, which can s…

12 CAR § 51-2201. Juvenile detention facilities or juvenile holdover facilities within adult jails. (a) A juvenile detention facility falls under this category when it exists within the same building or on the same grounds as the adult jail. (b) Application of this subpart does n…

12 CAR § 51-2202. Separate spatial areas. Total separation between juvenile and adult facility spatial areas is required such that there could be no haphazard or accidental contact between juvenile and adult detainees in the respective facilities, including: (1) Entrance; (2) Int…

12 CAR § 51-2203. Separate program activities. Total separation in all juvenile and adult program activities within the facilities is required, including: (1) Recreation; (2) Education; (3) Counseling; (4) Health care; (5) Dining; (6) Sleeping; and (7) General living activities.…

12 CAR § 51-2204. Time-phasing. Time-phasing spatial areas and activities between juvenile and adult detainees shall not occur.

12 CAR § 51-2205. Separate staff. Separate juvenile and adult staff is required, including: (1) Management; and (2) Juvenile detention staff.

12 CAR § 51-2206. Specialized services staff. (a) Specialized services staff who are not normally in contact with detainees, or whose infrequent contacts occur under conditions of separation of juveniles and adults can serve both. (b) Such staff includes the following: (1) Cooks;…

12 CAR § 51-2207. Staff rotation. Juvenile facility staff and adult facility staff shall not be rotated between facilities based on the occupancy in either facility.

12 CAR § 51-2208. Relief workers. Adult facility staff shall not serve as relief workers for the juvenile facility on their regularly scheduled workdays in the jail, and may only enter the juvenile facility in emergency, life-threatening situations.

12 CAR § 51-2209. Adult resident trustees. Adult detainees (trustees) shall never be permitted to supervise or direct services for juvenile detainees.

12 CAR § 51-301. Information retrieval. The facility administrator has access to and uses an organized system of information retrieval and review that is part of the decision-making process.

12 CAR § 51-302. Criteria for evaluation. There are specific, written definitions of criteria for evaluating overall facility performance.

12 CAR § 51-303. Daily population report. Facility staff maintains a daily report of juvenile population movement.

12 CAR § 51-304. Collection and retention of information. The facility administrator participates in the review of policies and practices regarding the collection and retention of information pertaining to the juveniles assigned to the facility at least annually.

12 CAR § 51-305. Data processing of records. (a) Facilities are required to maintain active files. (b) The files of juveniles will be purged when the juvenile reaches the age of twenty-one (21).

12 CAR § 51-306. Record management. (a) Written policies and procedures govern record management and include but are not limited to: (1) The establishment, utilization, content, privacy, security, and preservation of records; and (2) A schedule for the retirement or destruction o…

12 CAR § 51-307. Intake form. An intake form is completed for every juvenile admitted to the facility and contains at least the following information: (1) Date and time of admission and release; (2) Name and nicknames; (3) Last known address; (4) Legal status (authority for admis…

12 CAR § 51-308. Policies for records. Written policies and procedures require the responsible staff members to make all entries into the records assigned to them and date and sign each entry.

12 CAR § 51-309. Master file. There is a single master file identifying all juveniles detained in the facility.

12 CAR § 51-310. Release of Information Consent Form. (a) Information, other than authorized by law, can be released only with a consent form signed by parents, guardian or guardians, legal custodian or custodians, and juvenile. (b) The Release of Information Consent Form shall b…

12 CAR § 51-311. Access to records. Consistent with statute and rule, written policies and procedures provide that individuals and agencies may have access to records for the purposes of research, evaluation, and statistical analysis in accordance with a formal written agreement …

12 CAR § 51-401. Budget. (a) The facility budget shall include provisions for: (1) Salaries and fringe benefits; (2) Cost of food; (3) Cost of clothing; (4) Cost of medical and related services; (5) Cost of psychological and psychiatric services, if applicable; (6) Adequate physi…

12 CAR § 51-402. Accounting. (a) The fiscal system accounts for all income and expenditures on an on-going basis. (b) The facility has written policies and procedures that describe: (1) The methods used for collecting, safeguarding, and disbursing moneys in compliance with accept…