159.00.1-4.1. Safety, Security and Sanitation at Residential Centers
AR ADC 159.00.1-4.1Arkansas Administrative Code
Ark. Admin. Code 159.00.1-4.1
159.00.1-4.1. Safety, Security and Sanitation at Residential Centers
The Board of Corrections is vested with the authority to promulgate administration rules by Arkansas law sections 12-27-105, 16-93-1203 and 16-93-1205.
Arkansas Community Correction will promote the safety and security of the public, employees and supervised offenders; provide guidance designed to reduce the occurrence of accidents, victimization, injury, illness or loss of life; and deter or minimize loss or damage to public property.
1. Pat Searches by Employees. When authorized employees conduct pat searches they may include a visual inspection of the mouth, nose or ears and may ask people to remove outer garments such as coats, jackets and shoes before conducting the pat search. Such outer garments, toolboxes, briefcases or other containers may also be searched.
3. Strip Searches of Residents. Residents may be strip searched when there is suspicion or upon entering or prior to departure from a secure area of a center. Strip search of an offender must be done by an employee of the same gender and should be observed by another staff member of the same gender when such person is readily available. Strip searches must NOT be conducted by or observed by a person of the opposite gender except when performed/observed by medical practitioners or when the same-gender requirement is waived during an exigent situation. An exigent situation is an urgent situation requiring immediate action. The search should be conducted in a location and manner that protects the resident's privacy and, to the extent possible, keeps the search and results confidential. These restrictions may be waived during an emergency such as an escape or riot. All cross-gender strip searches of residents must be documented.
4. Body Cavity Search of Residents. Residents may be required to undergo a body cavity search conducted by a nurse, nurse practitioner, physician assistant or physician when there is reasonable suspicion and with the approval of the Center Supervisor or higher authority. The mouth, ears and nose should also be examined as part of the body cavity search. An ACC employee of the same gender must be present to witness the search and collect any contraband or evidence. The search must be conducted in a location and manner that protects the offender's resident's privacy and, to the extent possible, keeps the search and results confidential.
6. Strip Searches of Employees at a Residential Center. Employees at a residential center may be strip searched with the approval of the Deputy Director of Residential Services or higher authority when there is reasonable suspicion. Strip search of an employee must be done by an employee of the same gender and must be observed by a second employee of the same gender. The search should be conducted in a location and manner that protects the employee's privacy and to the extent possible, keeps the search and results confidential.
Credits
Amended Dec. 15, 2017.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 159.00.1-4.1, AR ADC 159.00.1-4.1
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