004.00.10 Ark. Code R. 003

Current through Register Vol. 49, No. 10, October, 2024
Rule 004.00.10-003 - AR 114 - Arkansas Correctional Industries, and AR 0411 - Use of Audio Visual Equipment
114 Arkansas Correctional Industries
I.AUTHORITY:

The Board of Correction is vested with the authority to promulgate this Administrative Regulation by Act 50 of 1968 as amended, Act 473 of 1967, Act 108 of 1981, Act 825 of 1985, and Act 48 of 1989.

II.PURPOSE:

To establish policy and procedures concerning the manufacture, sales and distribution of Arkansas Correctional Industries made goods.

III.APPLICABILITY:

To all ACI employees, to all offices, departments, institutions and agencies of the state that may purchase ACI made products and to those political subdivisions, non-profit organizations and other states, which may purchase ACI, made goods. Pursuant to Arkansas Code 12-30-205:

(a)" A nonprofit organization may purchase goods produced by the Department of Correction's Industry Division as provided for by this subchapter upon the condition that the goods may not be resold for profit.
(b)
(1) Goods produced by the division as provided for by this subchapter, excluding furniture and seating, may also be purchased by:
(A) Current employees and retirees of the Department of Correction;
(B) All employees of the offices, departments, institutions, school districts, and public agencies in this state. Subdivision (b) (1) (B) (i) of this section shall not include members of the General Assembly; and
(C) Current and former members of the Board of Corrections.
(2) Goods purchased by an individual under subdivision (b) (1) of this section shall be for personal use only and not for resale."
IV.POLICY:

It shall be the policy of the Board of Correction to establish an ongoing correctional industry program to further provide more adequate, regular and suitable training and/or employment for the inmates of the state and to provide quality products and services to be purchased by all offices, departments, institutions and agencies of the state, all political subdivisions and non-profit organizations, and other states or others as provided in the Acts of the State of Arkansas.

V.PROCEDURES:
1. The Arkansas Correctional Industries program will purchase equipment, raw materials and supplies in the manner provided by laws of the State of Arkansas.
2. The Board of Correction will fix and determine the price range at which all articles or products manufactured or produced shall be furnished.
3. Administrative Directives will be developed to provide guidance concerning the procedures to be used by ACI in the process of selecting market representatives and its mission to enter into contractual agreements with dealers, retailers, distributors and manufacturing representatives for the marketing of products and services produced by ACI.
4. Arkansas Correctional Industries will prepare, at such times as it may determine needed, catalogues containing the description of all articles and products manufactured or produced in the program.
411 Use of Audio-Visual Equipment
I.POLICY:

It shall be the policy of the Department of Correction Units to make use of audio-visual equipment, when possible, to ensure that only necessary use of force is employed to control/manage inmates while in custody of the Department of Correction. The equipment will be used to ensure documentation of events is accurately recorded.

II.EXPLANATION:
A. The use of force by employees against inmates of the Arkansas Department of Correction is authorized by Arkansas Statutes Annotated, Section 46 -108, and in accordance with Administrative Regulation 409, Use of Force.
B. Whenever the situation permits, this equipment will be used by trained personnel to record all instances where there is a planned action where it is probable that force will be necessary.
C. In instances of spontaneous use of force, if at all possible such equipment should be activated if the incident persists.
D. The Warden of each Unit will maintain the portable audio-video recorders and will ensure that personnel are trained to operate the equipment and ensure that trained personnel are available twenty-four (24) hours a day for taping incidents.
E. The Warden of each Unit is responsible for the establishment of procedures for the use of this equipment.
F. Cassettes with video-recorded use of force incidents will be tagged for identification purposes and forwarded by the Warden to the Assistant Director of Institutional Services, along with the corresponding use of force report and other documentation as described in AR's 005 and 409.
G. After the Assistant Director has reviewed each case to include videotape recordings, all materials will be forwarded to the Internal Affairs Division for review. The Compliance Administrator, after making contact with the Director, may review the recordings. Internal Affairs will follow its review with an investigation if the need for such a procedure is determined by the Warden, Assistant Director, or Director.
H. The specific filing procedure and maintaining of these video recordings will be the responsibility of the Internal Affairs Division.
I. The erasure of or any viewing other than those identified previously of any filed videotapes containing use of force incidents shall be performed only under the written authorization of the Director.

Board Approval Date: 12/15/2010

Effective Date: 12/25/2010

Supersedes: AR 114 Emerg.

Dated: 4/2/90

Board Approval Date: 12/15/2010

Effective Date: 12/25/2010

Supersedes: AR 411

Dated: 11/04/88

004.00.10 Ark. Code R. 003

12/16/2010