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12 CAR § 60-102. Inmate records
12 CAR § 60-102. Inmate records.
(a) Policy. The Division of Correction shall maintain a full and complete record of every inmate under its supervision and protect the integrity of such records in accordance with Arkansas Code § 12-27-113(e).
(b) Explanation.
(1) To protect the integrity of inmate records and to ensure their proper use.
(2) It is unlawful to permit inspection of or disclose information contained in the records or to copy or issue a copy of all or part of any record, except as authorized by administrative rule or court order.
(c) Definition.
(1) As used in this section, “inmate record”, also known as “institutional file” and “inmate jacket”, means a full and complete record in written or electronic form regarding each person committed to the Division of Correction, which shall include, but is not limited to:
(A) A photograph of the convicted person;
(B) The offense and sentence for any conviction for which the inmate is incarcerated;
(C) The inmate’s criminal history, medical and mental health information and records; and
(D) All other records that identify and relate directly to that inmate.
(2) Electronic transmissions and recordings that chronicle the activities and conversations of inmates are part of the inmate record.
(d) Procedures.
(1) Disclosure or inspection of information contained in inmate records is prohibited unless authorized by this section or by court order.
(2) Except as authorized by Acts 2015, No. 1265 (Arkansas Code § 12-27-145), only the following information from an inmate record may be released to the general public:
(A) Offender’s:
(i) Name;
(ii) Aliases;
(iii) Division of Correction number;
(iv) Photograph;
(v) Physical description;
(vi) Date of birth;
(vii) Age;
(viii) Race; and
(ix) Gender;
(B) Date of incarceration;
(C) Facility or facilities of confinement, work assignments, and program participation (unless it involves drug and alcohol program participation);
(D) The following information regarding current incarceration:
(i) Offense or offenses;
(ii) Sentence or sentences;
(iii) Sentence date or dates;
(iv) County or counties of conviction;
(v) Case number or numbers;
(vi) Total time to serve;
(vii) Parole/transfer eligibility date;
(viii) Movements; and
(ix) Behavior;
(E) The following information regarding prior incarcerations:
(i) Offense or offenses;
(ii) Sentence or sentences;
(iii) Sentence date or dates;
(iv) County or counties of conviction;
(v) Case number or numbers;
(vi) Movements;
(vii) Behavior; and
(viii) Parole/clemency history, including date or dates of release and date or dates of return to the division; and
(F) Detainers.
(3) Information from an inmate’s record in addition to that in subdivision (b)(2) of this section may be released to criminal justice agencies and to social service and other governmental authorities unless state or federal law prohibits such disclosure.
(4) Information contained in inmate records in addition to that in subdivision (b)(2) of this section may be released to appropriate personnel for research purposes.
(5) Information contained in inmate records in addition to that in subdivision (b)(2) of this section may be viewed by an employee of the Bureau of Legislative Research in accordance with and subject to the limitations of Arkansas Code § 12-27-113(e)(5).
(6)(A) Access to an inmate’s own record may be granted, or information from the record may be released to the inmate and/or his or her attorney as needed to resolve legitimate questions about the accuracy of information in the record or as required by the rules of discovery in pending litigation.
(B) The names of confidential informants and other sensitive or confidential information the disclosure of which might cause harm to any person are exempt from disclosure except pursuant to court order.
(7) Upon the death of an inmate, access to that inmate’s medical or mental health information or records may be granted to a person designated by the inmate to have access to such records in accordance with policies and procedures adopted by the division, or as required by state or federal law.
(8)(A) An inmate will not be permitted to peruse his or her file at will.
(B) An inmate’s request for access to the file or information contained therein must:
(i) Be made in writing to the warden or his or her designee;
(ii) State with particularity the information or parts of the file to which access is requested; and
(iii) Be supported by a showing of compelling need.
(C) The decision of the warden or his or her designee to grant or deny the inmate’s request shall be final.
(9) An inmate will not be given access to another inmate’s record or any information contained therein.
"Section Number: Page Number:
804 1 of 3
Board Approval Date:
5/11/2018
Supersedes: Dated:
AR 804 5/11/2018
Reference: Effective Date:
Ark. Code Ann. § 12-27-113(e) 5/21/2018"
"V. REFERENCE:
Ark. Code Ann. § 12-27-113(e)
VI. STANDARD:
American Correctional Association (ACA) Standards for Adult Correctional Institutions"