004.00.90 Ark. Code R. 014

Current through Register Vol. 49, No. 10, October, 2024

Rule 004.00.90-014 - Publications

864 Publications

I. AUTHORITY:

The Board of Correction is vested with the authority to promulgate this Administrative Regulation by Act 50 of 1968, as amended.

II. PURPOSE:

This Administrative Regulation establishes the process by which the Arkansas Department of Correction determines publications to be received by the inmate population.

III. APPLICABILITY:

To departmental staff and all inmates within the confines of the Department of Correction.

IV. DEFINITIONS:

A.Publications: Books, magazines, catalogs, advertising brochures, religious tracts, newspaper or the like.

B.Commercial Outlet: Publisher, bookstore, educational or vocational institute and the like.

C.Charitable Outlet: A religious group or an incorporated nonprofit organization established to promote literacy or to provide literature for indigent inmates.

V. POLICY:

Inmates may receive publications from recognized commercial, religious or charitable outlets. All publications are subject to inspection, and may be rejected if found to be detrimental to the security, discipline or good order of the institution or if they propose, condone or provide information likely to facilitate criminal activity.

VI. PROCEDURES:

A. The Warden/Center Supervisor shall designate staff to review incoming publications.

B. Publications may be rejected if they are believed to contain, but not limited to the following types of information:

1. Providing instructions for devising weapons or for combat techniques, which would endanger institutional security or safety.

2. Encouraging or describing methods of escape.

3. Providing instructions for production of alcohol or other drugs.

4. Promoting illegal discrimination, violence, verbal or sexual abuse or inflammatory attitudes toward any racial, sexual, age, handicapped or other individuals or group(s).

5. Encouraging or instructing in the commission of criminal activity, or depicting in graphic and provocative fashion illegal actions including illegal sexual behavior.

Publications recommended for rejection will be referred to the Warden/Center Supervisor for final decision. Decisions must be made on the contents of an individual publication, not on the basis of a list of approved publications or previous issues.

C. The Warden must approve or reject the publication within 30 days of receipt. If the publication is rejected the inmate must be notified, in writing, of any decision to reject and the basis for rejection of the publication. The inmate is also notified of appeal procedures and options for disposing of the publication. The inmate must sign that the notice of rejection has been received. Should the inmate refuse to sign, an employee will attest to the fact that the inmate was duly notified.

D. The decision to reject a publication may be appealed to the Publications Review Committee: The Assistant Director of Institutions, the Assistant Director of Field Services, and the Administrator of Chaplaincy Services. Depending upon the origin of the appeal, either of the Assistant Directors may chair the committee. The appeal must be initiated within 10 days of the receipt of notification of the Warden/Center Supervisor's recommendation to reject the publication.

E. Any rejected publication will be held safe by the Warden/Center Supervisor until the appeal process has been completed, or until the 10-day period for filing an appeal has expired.

F. Options for disposing of an unacceptable publication are:

1. Destruction,

2. Return of the publication to the sender at the expense of the inmate unless return postage is guaranteed,

3. Mailing the publication to a third party at the expense of the inmate.

Board of Correction Approval Date: Julv 18. 1990

Attorney General Review Date: 7/18/90

Date Filed Secy. of State: 7/20/90

Supersedes: 864

Dated: 2/24/88

004.00.90 Ark. Code R. 014

7/20/1990