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12 CAR § 70-103. Inmate property control
12 CAR § 70-103. Inmate property control.
(a) Purpose. To describe the procedures that will be used to process inmate property control.
(b) Applicability. To all employees and especially those involved in the control of inmate property, and all inmates.
(c) Policy. It shall be the policy of the Division of Correction to permit only those inmate property items that:
(1) Are necessary for institutional life; and
(2) Do not endanger the security or the safety of staff or other inmates.
(d) Definitions. As used in this section:
(1)(A)(i) “Contraband” means any article not authorized nor issued to any inmate as personal or state property, nor purchased by the inmate through the commissary.
(ii) Also included is nuisance contraband.
(B)(i) “Nuisance contraband” means any item or article that may be or may have been authorized for possession but that is now prohibited because excessive quantities present health or fire hazards or have become a housekeeping problem.
(ii) Specific examples include but are not limited to:
(a) Excessive numbers of:
(1) Newspapers;
(2) Letters; or
(3) Magazines;
(b) Food items that have spoiled; and
(c) Items accumulated for the purpose of barter or trade.
(C) Articles in excess of established unit/center limits, articles used for unauthorized purposes, and/or articles in an inmate’s possession in an unauthorized area are also considered contraband;
(2) “Personal property” means items that are purchased by or for an inmate and/or given to an inmate that are authorized to be retained, within limits as posted in the unit/center of assignment, on an inmate’s person or in living or storage area; and
(3)(A) “State-issued property” means items that are issued to an inmate for his or her personal use and that may be retained within a reasonable amount by the inmate on his or her person or in the living area.
(B) State-issued property other than that of a rapidly expendable nature (i.e., toilet paper, soap, toothbrush, etc.) is to be clearly identified as state property.
(e) Procedures.
(1) A system must exist to provide for inmate property control.
(2) This system shall include provisions for:
(A) Receipt of inmate’s funds and personal property at the time of initial commitment to the state system and upon subsequent commitment to other units/centers;
(B) Recording, accounting, and safekeeping of inmate funds and property that are not allowed to be in the inmate’s possession (i.e., contraband);
(C) Determination of items that can remain in possession of an inmate while inside the unit/center;
(D) Options available to the inmate and warden/center supervisor to dispose of excess personal property;
(E) Responsibility for coordination of transportation of inmate’s personal effects upon transfer;
(F) Disposition of personal property in the event of an inmate’s death;
(G) Verification and return of funds and personal property of inmates upon final release;
(H) Audits of records and physical verification of items associated with the inmate property control system; and
(I) Selection of qualified personnel to serve as Unit Property Control Officers.
(3) These provisions shall be specifically addressed in an appropriate administrative directive.
(4) The appropriate administrative directive shall also include but not be limited to the following:
(A) Procedures for property inventory to include appropriate forms to be utilized;
(B) Receipts for personal property; and
(C) A listing of state-issued property and authorized personal property.
"Section Number: 841
Page Number: 1 of 3
Board Approval Date: 6/24/93
Supersedes: AR 841
Dated: 5/19/88
Reference:
Effective Date: 6/23/93"
"I. AUTHORITY:
The authority of the Board of Correction to promulgate this Administrative Rule is vested in Act 50 of 1968, First Extraordinary Session, as amended."
"VII. A.C.A. REFERENCES:
3-4279, 3-4280, 3-4281"