004.03.22 Ark. Code R. 002
Office of Criminal Detention Facilities Review Coordinator
MINIMUM STANDARDS FOR ADULT CRIMINAL DETENTION FACILITIES
Revised: 2022
Statutory Authority
The standards contained in this document are authorized pursuant to Arkansas Code Annotated Title 12, Chapter 26 (A.C.A. §§ 12-26-101 et seq.). The Office of Criminal Detention Facilities Review Coordinator and the Criminal Detention Facilities Review Committees shall operate as directed by Arkansas law and the Secretary of the Arkansas Department of Corrections. The Office and Review Committees shall adhere to all applicable laws and regulations regarding record keeping, public meetings, the Arkansas Freedom of Information Act, and other state agency guidelines.
DEFINITIONS
Throughout the Standards set forth herein, the following definitions shall apply:
ADMINISTRATION
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. A person so designated shall be vested with the authority to control the operation of the facility and over all personnel employed by the facility. The Administrator shall report directly to the Chief Executive regarding their duties overseeing the facility. The Administrator may take any action necessary to implement the Standards included herein if authorized to do so by the 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.
The Chief Executive shall prepare a written policy for all areas required by applicable Criminal Detention Facility Standards. These policies shall be made available to all staff. Provisions should be made for two-way communication between all members of the staff, detainees, and members of the public to the extent deemed advisable by the Chief Executive taking into consideration the necessity of preserving discipline among the detainees.
The Chief Executive, or his designated Administrator, shall be responsible for total fiscal management of the funds so provided by the governing body. This responsibility includes budgeting for needed equipment, supplies, personnel, and related expense necessary for complete jail management that conforms in every respect with these standards, as well as applicable local, state, and federal law. The Chief Executive shall be responsible for submission of an all-encompassing budget to the appropriate governing body. The Chief Executive shall not be held responsible for failure of that approving authority to provide for sufficient personnel, equipment, supplies, and other necessary operating expenses.
PERSONNEL STANDARDS
These Standards are applicable to all personnel employed in a Criminal Detention Facility.
RULES OF CONDUCT FOR PERSONNEL
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. Prior to assuming duties that require care and control of detainees, the employee shall be familiarized with the facility's written rules of conduct as published in the manual provided to all employees. Personnel shall acknowledge receipt of the manual.
Basic rules of employee conduct and discipline shall be in writing and provided to each employee. The Chief Executive is responsible for the content of the rules of conduct, but at a minimum those rules shall cover the topics listed below:
RECORDS, COMMITMENTS, AND RECEIVING PROCEDURES
The Chief Executive shall establish a written procedure for the acceptance of detainees into the Criminal Detention Facility.
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 identify the detainee as the subject in question as fully as circumstances permit.
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. This log should contain relevant characteristic and demographic data on the detainee, time and date of arrest, time and date of confinement, time and date of release, reason of confinement, classification of offense (felony or misdemeanor), arresting or confining officers, warrant or commitment data, and all other data common to such action. These records shall be retained by the facility for a period of time in accordance with state law. Fingerprints, DNA samples, and photographs shall be taken and forwarded as required by applicable state and federal law, including, without limitation, A.C.A. § 12-12-104.
At intake, the following information shall be obtained and maintained within the facility. However, this information need not be obtained by the same facility more than once in any thirty (30) day period:
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 that particular property. The detainee shall be given a copy of the receipt and the property will be held in a locked and secured location. If property of an evidentiary nature is seized at the receiving/booking station, or at any point while detained, it should not be listed with the property that will be returned to the detainee when he is released on bond or otherwise. Such evidentiary property should be handled under the procedure established for evidence handling and, in such cases, the evidence seized shall be documented and the detainee shall be given a copy of the evidence receipt.
At the time a detainee is being searched, he 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. Any claims of illness or injury shall be entered into the record and checked by professional medical personnel for accuracy, if warranted. If a detainee appears to be ill, under the influence of drugs or alcohol, or unconscious, a qualified medical professional shall determine the condition of confinement. A lice-infested detainee shall be deloused by methods which have been recommended by the Arkansas Department of Health.
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. The Chief Executive shall have a written strip search policy which provides for strip searches to be conducted, at a minimum, during intake.
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.
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.
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.
Pursuant to A.C.A. § 12-32-103, every detention facility shall establish a written policy for providing the following items:
Disciplinary actions taken against a detainee for any cause shall be documented in writing. The Chief Executive shall have a written policy requiring that a full and complete record of the disciplinary process be maintained in the detainee's record.
A full and complete record of any critical or significant occurrence shall be documented in writing in the file of the detainee(s) concerned. Critical or significant occurrences include without limitation:
Each facility shall establish a records retention policy which conforms in all respects to applicable local, state, and federal laws. This policy shall include, without limitation, those standards and procedures set forth by Arkansas Code Title 13, Chapter 4, Subchapter 4, (A.C.A. § 13-4-401 et seq.). When training or inspection is required by these standards or applicable law, detention facilities shall document and retain records of such training or inspection as outlined by the applicable section of these standards or by applicable law.
DETAINEE RIGHTS AND DISCIPLINARY PROCEDURES
The Chief Executive shall publish detainee rights and rules of conduct specifying disciplinary action(s) and penalties which may result from infractions. This shall be made available to all detainees. Provisions shall be made for those detainees who cannot read or have limited ability to understand English. Reasonable efforts should be made to provide detainees with a clear understanding of the rights and rules. The receipt of this information shall be noted in writing by the detainee, or if refused, by the officer providing the information.
Published detainee rights shall include, without limitation, the following provisions:
The Chief Executive shall establish a written policy regarding detainee disciplinary procedures that shall include, at a minimum, the following:
DETAINEE CLASSIFICATION
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. The classification process, at a minimum, shall identify the appropriate level of custody and the appropriate housing assignment for each detainee. Detainees shall be classified, at a minimum, considering the following characteristics:
Work release and trustee detainees shall be separated from other detainees to the greatest extent possible. Act 309 detainees shall be housed according to the cooperative agreement executed between the political subdivision and the Arkansas Department of Corrections- Division of Correction, as well as any applicable state law(s).
Juveniles shall only be housed in adult detention facilities under certain circumstances established by applicable state and federal laws. If juveniles are committed to an adult detention facility, the Chief Executive shall establish a policy to provide for the following:
SECURITY
Every Criminal Detention Facility shall have sufficient personnel to ensure that the facility is never left unattended while a person is confined therein.
The Chief Executive shall establish, in writing, the following policies regarding facility security:
MEDICAL, DENTAL, AND MENTAL HEALTH CARE SERVICES
The Chief Executive shall establish a written policy for making all medical, dental, and mental health services available for detainees. The policy shall include the designation of a Health Authority.
For health care delivered in the facility, adequate space, equipment, supplies and materials shall be provided as designated by the Health Authority. A private examination room shall be provided, except for in Book-In and Twenty-Four-Hour Facilities.
The Chief Executive shall establish a sick call procedure which extend medical, dental, and mental health services to all detainees. The Chief Executive shall establish an emergency healthcare procedure which provides that mental health services necessary to prevent self-injurious behavior and emergency medical services are available.
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. Place, date, time, and nature of the health services provided shall be documented. No detainee shall have access to the medical record of any other detainee.
All medication prescribed for a detainee shall be administered in accordance with the instructions of the designated Health Authority. A complete record shall be retained in the detainee's file of all medication prescribed. A complete record of all medications administered to detainees shall be kept, and where possible, the detainee shall acknowledge the receipt of medication by signature or initial. All medication shall be kept in a locked storage area. The administration of medication will be the responsibility of the Chief Executive or his designee. No detainee shall be allowed to administer medications to another detainee.
A written policy established by the Chief Executive shall specify the process by which those individual(s), so designated by the detainee, are notified in case of serious illness or injury.
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.
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. Behavior which is self-injurious shall be managed according to Section 10-1003. Records of these referrals should be retained in accordance with state and federal law.
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. A medical training program shall be established for Criminal Detention Facility personnel. At a minimum, the program shall include training in first aid, CPR/AED, and any other available courses that will aid personnel in developing the skills necessary for the recognition and response to medical emergencies. All custody personnel shall maintain certification for life saving techniques and devices.
Emergency equipment shall be kept on hand and designated personnel shall be trained in the use of such equipment with such training noted in their personnel file before permitted to access or use those items.
The Chief Executive shall establish a written policy that prohibits the use of detainees for medical, pharmaceutical, or cosmetic experiments. The policy should not preclude individualized treatment of a detainee based on his/her needs for a specific medical procedure which is not generally available, nor should it prohibit testing of detainees for communicable or contagious disease or illness. This policy should not prohibit the administration of treatments or drugs with a federal emergency use authorization (EUA).
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 psychiatric conditions. The policy should, at a minimum, require written documentation of the use of restraints for such detainees. The documentation shall be retained in the detainee's record.
The Chief Executive shall establish a written policy regarding the use of restraints on pregnant detainees which conforms in all respect with applicable state and federal law including, without limitation, A.C.A. § 12-32-102.
Criminal Detention Facility personnel shall not engage in a detoxification process of a detainee except to the extent authorized in writing by the designated Health Authority. The Chief Executive shall establish, with the advice of the designated Health Authority, a detoxification plan. This policy does not prohibit the administration of treatments or drugs to reverse a suspected opioid overdose (such as the use of naloxone nasal spray).
The Chief Executive shall establish a written procedure for the delousing of detainees and the facility, as appropriate. This procedure shall be established in accordance with the recommendations from the Arkansas Department of Health.
All medical, dental, and mental health records shall be maintained in accordance with state and federal law.
The Chief Executive shall establish a policy providing for consultation with public health officials during a declared public health emergency. Criminal detention facilities are encouraged to follow applicable guidance when doing so will not compromise facility operations. Consistent with applicable law, facilities will follow directives or orders from public health officials.
MAIL, COMMUNICATION, AND VISITATION
A visitor's log shall be maintained at all times. The Chief Executive shall determine what information should be gathered about visitors and may deny visitation if said data is not provided.
Visitation privileges may be revoked by the Chief Executive when it is believed to be in the best interest of the security and safety of the Criminal Detention Facility. Visitation may be in person or via electronic means.
The Chief Executive shall formulate rules for searching visitors, detainees, and visitation areas.
The Chief Executive shall establish a written policy governing correspondence by detainees. Indigent detainees should be provided a minimum of two envelopes and first-class stamps per week, in addition to paper and a writing utensil.
The Chief Executive shall establish a written policy to provide for detainees to send and receive sealed letters to and from courts, officials of the confining authority, attorneys, government officials, and parole or probation authorities. Letters to and from such persons or agencies are privileged and may be opened for contraband inspection only. Privileged letters shall not be read or censored. Any inspection for contraband must occur in the presence of the detainee to whom the letter is addressed.
The Chief Executive shall establish a written policy for the inspection of incoming and outgoing mail and packages in order to intercept contraband and other prohibited items. Non-privileged mail may be inspected by facility staff provided that prior notice has been made available to the detainee. If a letter or package is rejected for delivery, the detainee should be so notified in writing unless notification would undermine the security of the facility or interfere with a law enforcement investigation. Items seized shall be properly documented and a copy shall be furnished to the detainee. The policy shall include a provision stating that approved mail will be delivered within 24 hours, excluding holidays and weekends.
The Chief Executive shall establish a policy for communication device usage. Any fees charged for detainee use of a communication device must be in accordance with the maximum rates established under state or federal law. Detainee communication may be subject to monitoring and recording. Detainees shall be notified that the communication may be monitored or recorded. The Chief Executive shall establish a written policy providing for confidential communication between a detainee and his or her attorney.
FOOD SERVICE
The Chief Executive shall ensure that the facility's dietary allowances are reviewed at least annually by a licensed dietician in conjunction with the Health Authority to ensure that they meet the nationally recommended dietary allowances for basic nutrition for appropriate age groups Detainees shall be offered three meals daily. Meals should be served at specific planned times with a designated person responsible for service. Food should be served promptly after it is prepared to ensure that hot food is served hot and cold food is served cold. Water, coffee, tea, milk, or a suitable substitute will be served with each meal. Food shall not be used for disciplinary purposes, except that an alternative meal may be provided to detainees housed in disciplinary segregation area.
Records of the food actually served in the Criminal Detention Facility shall be maintained for at least 12 months and shall be checked by a licensed dietician at least annually to ensure that the food actually served meets the basic health and nutrition needs of detainees.
Food service operations, whether contractual or on-site, shall conform to the Arkansas Department of Health rules and regulations pertaining to food service establishments. Food handlers must meet current requirements of the Arkansas Department of Health. The two most recent Arkansas Department of Health inspection reports shall be retained for review by the Criminal Detention Facilities Review Office or Committee.
The Chief Executive shall establish a written policy regarding the procedures to be followed for the provision of special, therapeutic, and religious diets. The policy shall include guidance related to delays due to transportation, court hearings, or other unusual circumstances.
Food may be served to detainees in their cells, a day room, or a dining room. Areas in which food is served shall be cleaned as soon as practicable and all trash shall be removed to an outside dumpster or garbage collection area.
As noted in Chapter 17, Twenty-Four Hour/Overnight and Book-In Facilities are exempt from sections 12-1001, 12-1002 and 12-1003. However, such facilities shall provide three meals per day at regular intervals and maintain records of the foods actually served for at least 12 months.
The Chief Executive shall not permit any food to be brought into the Facility for consumption by inmates except that which is furnished by the Facility or purchased through the commissary. Only the Chief Executive may make an exception to this rule and, in doing so, shall exercise rigid controls to ensure that the Facility remains secure and does not become infested, unsanitary, or otherwise unsafe.
DETAINEE WORK RULES
Pretrial detainees may volunteer for work assignments within a facility but shall not be required to work except to the extent necessary to maintain their living quarters in a safe and sanitary condition. If such detainees volunteer to perform other tasks, it must be documented in writing, they shall be supervised closely, and utilized only for tasks commensurate with the trust that the Chief Executive deems appropriate to the individual concerned.
Sentenced detainees may be assigned to work programs that the Chief Executive deems appropriate.
Under A.C.A. § 12-42-116, the Chief Executive is given discretion with respect to the operation of work-release programs. These work-release programs shall have written rules which conform to current law. These rules shall be made available to detainees, the Criminal Detention Facilities Review Coordinator, and the Criminal Detention Facilities Review Committees.
SAFETY
While the following sections deal with specific fire and safety measures, this chapter is not intended to be all-inclusive with regard to the safety and welfare of the individual detainee. Because potential hazards are too numerous to detail, it is the responsibility of the Chief Executive to establish policies and inspection procedures for the facility in accordance with the Arkansas Fire Code to ensure the health, safety, and well-being of all detainees to the greatest degree possible.
Pursuant to the Arkansas Fire Prevention Code, the Chief Executive shall have the Criminal Detention Facility inspected at least annually by the state or local fire marshal for fire prevention and safety measures. A record of the two most recent inspections shall be kept on file within the facility. The fire sprinkler system and fire safety equipment shall be inspected annually. Vent hoods shall be inspected every six months.
A written fire safety plan concerning fire prevention and response shall be established to ensure the safety of detainees, staff, and visitors. The plan shall detail staff responsibilities and cover all evacuation procedures. The fire plan shall visually depict, through a posted map or drawing, the locations of exits, breathing apparatuses, fire hoses, extinguishers, evacuation routes, and any other features pertinent to fire safety. Designated personnel will be briefed as to the location and use of emergency keys. The written fire plan shall require that fire drills and inspections be conducted in accordance with applicable fire code.
A written emergency plan that covers emergencies other than fire shall be established and all personnel shall be trained and knowledgeable of their duties in the event of an emergency. This training shall be acknowledged by personnel and documented in writing.
The written emergency plan shall include at minimum provisions regarding:
Facility exits must be clearly and permanently marked. All corridors and walkways leading to or from an exit shall be kept free of refuse, litter, and obstacles of any kind which might cause problems with evacuation under emergency conditions. Emergency exits signs shall be illuminated at all times either internally or externally.
Storage of flammable, toxic, and caustic materials must conform to local, state, and federal laws and regulations. Cleaning supplies shall be kept in a secure and uncluttered closet, locker, or room provided for those materials and shall not be permitted in housing areas or hallways except when being used.
When a detainee is permitted to use any tool, all safety rules must be observed and any recommended safety equipment, such as goggles, guards for machines, etc. shall be used.
Basic firefighting equipment, to include at least chemical and dry type fire extinguishers, and emergency compressed air breathing apparatus, or comparable device, shall be maintained in a secure but readily accessible storage area. All personnel shall be trained on the proper use of all equipment. This training shall be acknowledged and documented in writing.
Personnel safety training shall be documented in writing in accordance with this Chapter. Written records shall be kept regarding training on the following topics:
DETAINEE SERVICES AND PROGRAMS
This Chapter applies only to Full-Service Facilities.
The Chief Executive shall establish a written policy to provide, to the extent possible, the following services and programs:
The policy shall provide an option for detainees to decline to participate in services and programs without prejudicial results or disciplinary action.
DETAINEE EXERCISE
Exercise shall be made available to all detainees daily for one hour. This standard is subject to the discretion of the Chief Executive and may be limited in situations where security may be jeopardized, inclement or extreme weather, or when sufficient staffing is unavailable.
If a commissary is provided, the Chief Executive shall establish a written policy for its operation including, without limitation, the use of standard accounting procedures.
EXISTING FACILITIES
For the purposes of this Chapter, an "Existing Facility" is defined as a facility which was in operation or a facility which had its design plans approved by a Criminal Detention Facilities Review Committee prior to November 28, 2022.
Onsite inspections of detention facilities shall be the duty of the Criminal Detention Facilities Review or the Criminal Detention Facilities Review Coordinator. The Committee or Coordinator shall use these Criminal Detention Facility Standards along with the official forms provided by the Coordinator's Office to inspect criminal detention facilities.
Copies of all reports and documents pertaining to detention facilities shall be sent to the Criminal Detention Facilities Review Coordinator. A master file of inspection reports on each facility shall be provided by the Criminal Detention Facility Review Committee to the County Clerk's Office in the county in which the facility is located within thirty (30) days following an inspection. A written report of each inspection shall be sent to the Chief Circuit Judge for the judicial district in which the facility is located. A copy of the report shall also be sent to the Chief Executive, county judge, and the governing body of the political subdivision whose facility is the subject of the report.
Lighting levels shall be suitable for the activities conducted within the area in question. Air circulation, ventilation, and heating shall be provided, and the temperature shall be maintained between 65° and 85° Fahrenheit (exceptions may be made in extreme conditions and emergencies). All mechanical, plumbing, electrical, life safety, and security control equipment and systems shall be secure from unsupervised detainee access. An automatic cut-in generator shall be provided with the capacity to operate electrical equipment and provide necessary illumination inside and around the facility.
Equipment for the detection of fire, smoke, and other combustion by-products shall be provided in accordance with the current Arkansas Fire Prevention Code. Said equipment shall be battery powered or part of the emergency power system. All battery powered equipment shall be checked at least once per month.
There shall be housing and service areas in each Detention Facility available in which to house and care for disabled detainees in compliance with state and federal law. Readily available alternative facilities may be used to meet this requirement.
Emergency exits shall be provided as required by the Arkansas Fire Prevention Code and any other applicable local, state, or federal laws or regulations. Emergency exits shall be clearly marked and continuously illuminated. Required exits should lead directly to a hazard-free area where adequate supervision and security can be maintained.
The intake, booking, and release area should be located inside the security perimeter and have the following components:
Provisions shall be made to ensure the safety of detainees and personnel and security of the facility. The intake area may also be used to process detainees for release.
Alcohol units shall be designed for detention of intoxicated persons during the sobering process only. These detainees shall be moved to cells or other areas as soon as they can properly care for themselves. Alcohol units shall be equipped with the following:
This section shall apply to all housing areas within a facility. All housing areas shall have, at a minimum, access to the following facilities:
In addition to the requirements outlined by Section 16-1010, single cells shall comply with the following standards:
In addition to the requirements outlined by Section 16-1010 above, when used, multiple occupancy housing areas shall comply with the following standards:
There shall be at least one cell or room for detainees who are ill, exhibiting an altered mental state, injured, nonambulatory, or assigned to administrative segregation which provides for appropriate staff observation. Special housing rooms shall comply with the requirements outlined by Section 16-1010 above. Readily available alternative facilities may be used to meet this requirement.
If activity rooms exist, the room or rooms must have sufficient air circulation, temperature, lighting for the activities being performed therein. Access to toilets and wash basins within the proximate area shall be provided. These areas may include multi-purpose rooms or program areas for detainees and/or work areas for staff. Where practical, activity rooms should have natural light provided by skylight or windows.
Space shall be provided to issue and store facility clothing and bedding and to provide for the exchange of personal and facility clothing on a scheduled basis determined by the facility and when detainees are to appear in court or be released. Storage space for clean bedding and facility clothing shall be convenient to detainee housing areas
Detainees held in Full-Service Facilities shall have access to exercise areas. Facilities that provide outdoor exercise areas shall have an inclement weather policy in place.
The Chief Executive shall designate secured and controlled storage area for items that are accessible to authorized personnel only. Items to be stored in the secured and controlled storage area include, but are not limited to, chemical agents, restraining devices, and security equipment. Separate and secure space will be provided for the storage of evidence and contraband.
Space will be provided for general administrative and staff functions.
Space and equipment shall be provided for food preparation and/or handling in accordance with Arkansas Department of Health guidelines.
Any area designated 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. The visiting area shall be acoustically treated to reduce noise and allow for audible communication between visitors and detainees. Reasonable accommodations shall be made for disabled visitors and detainees. These areas may also be used as private consultation rooms for law enforcement officers, attorneys, clergy, etc. No-contact or electronic visitation spaces may be provided.
NEW CONSTRUCTION
For the purposes of this chapter, "New Construction" shall be defined as:
It is the intent of this Chapter to ensure that all new areas of construction or remodeling, either inside or outside, of an Existing Facility meet the specific applicable section(s) outlined herein.
For example, if plans are made to add a visitation or consultation area to an Existing Facility, the construction must be performed in compliance with Section 17-1027. Likewise, if plans are made to convert existing spaces into a cell area, the new cell construction must meet the requirements of this Chapter applicable to requisite cell space.
All design plans shall be reviewed for compliance with applicable standards according to this section. Design plans shall be presented in person to the Criminal Detention Facilities Review Coordinator by the facility's architect or the architect's representative. The design plans shall be accompanied by a written narrative explaining detailed compliance with these standards. The Coordinator shall provide technical assistance to the requesting facility during the review process and may offer suggestions, advice, and guidance, but does not have official approval authority.
The Criminal Detention Facility Review Committee of the district in which the facility is located shall have final approval authority of all design plans. Once it is found by the Committee that the design plans comply with all applicable standards, the Committee shall issue a letter notifying the facility of final approval. This finding of compliance shall be based upon the satisfactory incorporation of all changes requested by the Coordinator and/or the Committee. The Criminal Detention Facilities Review Office shall retain documents regarding the approval process.
Copies of all reports and documents pertaining to detention facilities shall be sent to and maintained by the office of the Criminal Detention Facilities Review Coordinator. A master file of inspection reports on each facility shall be provided by the Criminal Detention Facility Review Committee to the County Clerk's Office in the county in which the facility is located. Within 30 days following an inspection, a written report of each inspection shall be sent to the Chief Circuit Judge for the judicial district in which the facility is located, the Chief Executive, county judge, and the governing body of the political subdivision whose criminal detention facility or juvenile detention facility is the subject of the written report. All reporting requirements shall be as set forth by applicable state law, including without limitation A.C.A. § 12-26-101 et seq.
Copies of all reports and documents pertaining to detention facilities shall be sent to the Criminal Detention Facilities Review Coordinator. A master file of inspection reports on each facility shall be provided by the Criminal Detention Facility Review Committee to the County Clerk's office in the county in which the facility is located.
All new construction, in addition to these standards, will be designed and constructed in accordance with the codes and standards adopted by the Arkansas Fire Marshal, Arkansas Department of Health, Division of Building Authority, and others as required by law or regulation, as well as the latest edition of the Life Safety Code. If an addition increases the existing square footage by more than 50%, the entire Facility shall be made to conform to the entire Code.
Lighting levels shall be suitable for the activities conducted within the area in question. Air circulation shall be provided, and the temperature shall be maintained between 65° and 85° Fahrenheit (exceptions may be made in extreme conditions and emergencies). All mechanical, plumbing, electrical, life safety, and security control equipment and systems shall be secured from unsupervised detainee access. Automatic cut-in generators shall be provided of adequate capacity to operate electrical equipment and to provide minimum illumination within and around the facility.
Equipment for the detection of fire, smoke, and other combustion by-products shall be provided in accordance with the latest version of the Arkansas Fire Prevention Code. Said equipment will be battery-powered or part of the emergency power system.
There shall be housing and service areas in each Detention Facility available in which to house and care for disabled detainees in compliance with state and federal law. All areas of the facility shall be accessible to and usable by disabled persons.
Emergency exits shall be provided as required by the Arkansas Fire Prevention Code and any other applicable local, state, or federal laws or regulations. Emergency exits shall be clearly marked and continuously illuminated. Required exits should lead directly to a hazard-free area where adequate supervision and security can be maintained.
Floor drains shall be designed, in accordance with the latest Arkansas plumbing code to serve all housing and other areas where necessary to facilitate cleaning and prevent detainee flooding of the facility. Floor drains shall be located outside the cell space to reduce the incident of tampering and flooding. Floor drain systems cannot drain into any sanitary sewer line within any area in which detainees are housed or detained.
Natural light shall be provided to all cell areas either directly or from an adjacent location. If possible, natural light should be provided to activity rooms and day rooms via skylight or windows. All apertures allowing for the passage of natural light shall be designed to minimize introduction of contraband and the risk of escape.
All pedestrian and vehicular entrances and exits to the facility shall be via sally port. Automatic doors, if used, shall be monitored physically or electronically and be operated from the control center. The vehicular sally ports should be located adjacent to the intake area for transportation of detainees in and out of the facility. Interior sally ports should be located at points between detainee housing and public areas.
Intake, booking, and release areas shall be located inside the security perimeter and have the following components:
Alcohol units shall be designed for detention of intoxicated persons during the sobering process only and these detainees shall be moved to cells or other appropriate areas as soon as they can properly care for themselves. Alcohol units shall be equipped with the following:
The facility shall be designed and constructed so that detainees can be separated according to existing laws and regulations, as well as to the facility's classification plan. The facility shall have a sufficient number of cell blocks or clusters of detention rooms in an appropriate configuration so that the various categories of detainees can be housed separately.
This section shall apply to all housing areas within a facility. All housing areas shall have, at a minimum, access to the following facilities:
All single cells shall have a minimum 60-square feet of floor space provided detainees spend no more than 16 hours per day locked in cells. If cell confinement exceeds 16 hours per day, 70-square feet per cell will be provided.
Cell space is measured from interior wall to interior wall, less the space occupied by plumbing chases and columns. Cell space does include the space occupied by bed, desk, plumbing fixtures, and entrances and exits. A minimal horizontal room dimension of 6' 8" and a clear ceiling height of 8'0' is required. In addition to the foregoing requirements, single cells shall also adhere to all requirements contained in Section 17-1016.
Where used, multiple occupancy sleeping rooms will provide:
In addition to the foregoing requirements, multiple occupancy housing areas shall also adhere to all requirements contained in Section 17-1016.
There shall be at least one cell or room for detainees who are ill, exhibiting an altered mental state, injured, nonambulatory, or assigned administrative segregation which provides for appropriate staff observation. Special housing areas shall comply with all requirements contained in Section 17-1016. Deviations in use of cells or rooms may be approved in writing by the Chief Executive for detainees on suicide watch or other treatment precautions.
There shall be a dayroom for each cell block or dormitory style housing area. The room shall have a minimum of 35-square feet of unincumbered floor space per detainee independent from the separate and distinct adjacent sleeping area. In housing areas utilizing cells housing two detainees each, dayroom areas may be sized at 17 1/2' square feet per detainee provided that scheduling of dayroom use ensures that actual occupancy does not exceed 35-square feet per detainee. Square footage is to be calculated exclusive of a 3-foot-wide circulation space directly in front of the cell doors. Detainees held in Full-Service Facilities shall have access to the dayroom.
Activity rooms in the facility must have sufficient air circulation, temperature, and lighting for the activities being performed therein and access to toilets and wash basins within the proximate area. These areas include multi-purpose rooms, recreation areas, program areas for detainees, and work areas for staff.
Space shall be provided to store and issue facility clothing and bedding and to provide for the exchange of personal and facility clothing on a scheduled basis and when detainees are to appear in court or be released. Unless outside laundry services are utilized, space and equipment will be provided for scheduled laundry services.
Detainees shall have access to exercise areas. Should facilities have outdoor exercise areas, they shall have an inclement weather policy with respect to outdoor exercise areas.
The Chief Executive shall designate secured and controlled storage area for items that are accessible to authorized personnel only. Items to be stored in the secured storage area include, but are not limited to, chemical agents, restraining devices, and security equipment. Separate and secure space will be provided for the storage of evidence and contraband.
Space will be provided for general administrative and staff functions.
Space and equipment will be provided for food preparation and handling in accordance with Arkansas Department of Health guidelines.
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. The visiting area shall be acoustically treated to reduce noise. Reasonable accommodations shall be made for disabled visitors and detainees. These areas may also be used as private consultation rooms for law enforcement officers, attorneys, clergy, etc. No-contact or electronic visitation spaces may be provided.
New facilities must contain a health room that can be used as a private examination room for the provision of health care services, as described in Section 10-1002.
TEMPORARY HOLDING UNITS
Twenty-Four Hour or Overnight Facilities are not required to conform to the following standards. All standards not specifically listed within this section shall apply to Twenty-Four Hour or Overnight Facilities:
* SECTION 12-1001. GENERAL GUIDELINES
* SECTION 12-1002. FOOD SERVICE RECORDS
* SECTION 12-1003. CONFORMANCE TO DEPARTMENT OF HEALTH RULES AND REGULATIONS
* SECTION 16-1008(C) INTAKE, BOOKING AND RELEASE AREAS, Access to shower facilities
* SECTION 16-1010(B) GENERAL HOUSING REQUIREMENTS, Shower facilities
* SECTION 16-1011 SINGLE CELLS
* SECTION 16-1014 ACTIVITY ROOMS
* SECTION 16-1015 LINEN STORAGE
* SECTION 17-1011 NATURAL LIGHTING
* SECTION 17-1013 (D) INTAKE, BOOKING, AND RELEASE AREAS, Access to shower facilities
* SECTION 17-1016 GENERAL HOUSING REQUIREMENTS
* SECTION 17-1020 DAYROOMS
* SECTION 17-1021 ACTIVITY ROOMS
* SECTION 17-1022 LINEN STORAGE AND LAUNDRY SERVICES
* SECTION 17-1023 RECREATION SPACES
* SECTION 17-1026 FOOD AND SERVICE SPACE
Book-In Facilities as defined herein are not required to conform to the following standards. All standards not specifically listed within this section shall apply to Book-In Facilities:
* SECTION 12-1001. GENERAL GUIDELINES
* SECTION 12-1002. FOOD SERVICE RECORDS
* SECTION 12-1003. CONFORMANCE TO DEPARTMENT OF HEALTH RULES AND REGULATIONS
* SECTION 16-1008(C) INTAKE, BOOKING AND RELEASE AREAS, Access to shower facilities
* SECTION 16-1010(B) GENERAL HOUSING REQUIREMENTS, Shower facilities
* SECTION 16-1011 SINGLE CELLS
* SECTION 16-1014 ACTIVITY ROOMS
* SECTION 16-1015 LINEN STORAGE
* SECTION 17-1011 NATURAL LIGHTING
* SECTION 17-1013(D) INTAKE, BOOKING, AND RELEASE AREAS, Access to shower facilities
* SECTION 17-1016 GENERAL HOUSING REQUIREMENTS
* SECTION 17-1020 DAYROOMS
* SECTION 17-1021 ACTIVITY ROOMS
* SECTION 17-1022 LINEN STORAGE AND LAUNDRY SERVICES
* SECTION 17-1023 RECREATION SPACES
* SECTION 17-1026 FOOD AND SERVICE SPACE
Holding cells as defined herein are not required to conform to the standards set forth within the Criminal Detention Facility Standards, except that a holding cell shall be required to have:
004.03.22 Ark. Code R. 002