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12 CAR § 60-313. Internal affairs and investigations
12 CAR § 60-313. Internal affairs and investigations.
(a) Policy.
(1) It shall be the policy of the Department of Corrections to investigate incidents, events, or occurrences in a timely, efficient, and procedurally correct manner.
(2) The Secretary of the Department of Corrections shall issue any policies necessary for the implementation of this section.
(b) Purpose. The purpose of this section is to ensure the security of the department and its various divisions and the protection of the public, staff, and inmates will be enhanced by proper investigative procedures and investigations.
(c) Procedures.
(1) The Internal Affairs Division, or its successor, shall conduct investigations, inquiries, and reviews as requested by the secretary or a division director or those individuals they designate as having the authority to request such investigations.
(2)(A) The Internal Affairs Division, or its successor, shall utilize various investigative procedures and tools to conduct and assist in those investigations.
(B) Those tools may include, but are not limited to:
(i) Polygraph examinations; and
(ii) Computerized voice stress analysis.
(3)(A) Evidence will be properly collected, handled, and preserved.
(B) When appropriate, evidence will be provided to other agencies.
(4) Reports will be completed accurately and promptly.
(5) Criminal acts will be promptly referred to the appropriate law enforcement agency having jurisdiction.
(6) All staff shall cooperate with the investigative personnel.
(7) Upon completion of the information gathering process, an investigative report will be forwarded to the requesting official and to the secretary and the appropriate division director for final disposition.
(d) Confidentiality and release of information.
(1) All notes, reports, tape recordings, and any other materials generated during any Internal Affairs Division investigations are considered confidential.
(2) Dissemination of investigative information will be in accordance with all federal and state laws, including, but not limited to, the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq., and dissemination shall be coordinated by the secretary’s office.
"Section Number:
ADC-014 ACC-1.3
Page Number:
1 of2
Board Approval Date:
8/24/2021
Supersedes: 014
Dated:
Reference: Effective Date:"
"I. AUTHORITY:
The authority of the Board of Corrections to promulgate this Administrative Rule is found in Ark. Code Ann.§ 25-43-401."
"VI. REFERENCES:
AR 005 - Reporting of Incidents"