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16 CAR § 30-203. Resident publications
16 CAR § 30-203. Resident publications.
(a) Applicability. All Division of Community Correction staff and residents.
(b) Policy.
(1) It is Board of Corrections policy that residents may receive publications from recognized commercial or charitable outlets.
(2) All publications are subject to inspection and may be rejected if they:
(A) Are found to be detrimental to the security, discipline, or good order of the center; or
(B) Propose, condone, or provide information likely to facilitate criminal activity.
(c) Definitions. As used in this section:
(1) “Charitable outlet” means:
(A) An incorporated nonprofit organization established to promote literacy or to provide literature for indigent residents; or
(B) A religious group;
(2) “Commercial outlet” means organizations such as:
(A) A publisher;
(B) A bookstore; or
(C) An educational or vocational institute; and
(3) “Publications” means printed or electronic media such as:
(A) Books;
(B) Magazines;
(C) Catalogs;
(D) Advertising brochures;
(E) Religious tracts; or
(F) Newspapers.
(d) Guidelines.
(1) The center supervisor shall designate staff to review incoming publications.
(2)(A) All publications are subject to inspection and may be rejected if they:
(i) Are found to be detrimental to the security, discipline, or good order of the center;
(ii) Propose, condone, or provide information likely to facilitate criminal activity; or
(iii) Are not from recognized commercial or charitable outlets.
(B) Examples of material that would cause publications to be rejected are materials that:
(i) Provide instructions for devising weapons or for combat techniques that would endanger center security or safety;
(ii) Encourage or describe methods of escape;
(iii) Provide instructions for production of alcohol or other drugs;
(iv) Promote illegal discrimination, violence, verbal or sexual abuse, or inflammatory attitudes toward any race, sex, age, handicap, or other individuals or groups; or
(v) Encourage or instruct in the commission of criminal activity or depict, in graphic and provocative fashion, illicit actions, including illegal sexual behavior.
(C)(i) Publications recommended for rejection will be referred to the assistant center supervisor, who will review and make a determination within ten (10) days.
(ii) The assistant center supervisor’s decision can be appealed to the center supervisor.
(iii) Decisions must be made on the contents of an individual publication, not on the basis of a list of approved publications or previous issues.
(3)(A) The center supervisor must approve or reject the publication within ten (10) days of receipt.
(B) If the publication is rejected the resident must be notified, in writing, of:
(i) Any decision to reject; and
(ii) The basis for rejection of the publication.
(C) The resident is also notified of:
(i) Appeal procedure; and
(ii) Options for disposing of the publication.
(D)(i) The resident:
(a) Must sign that the notice of rejection has been received; and
(b) Has fifteen (15) days from notification to appeal the decision.
(ii) Should the resident refuse to sign, an employee will attest to the fact that the resident was duly notified.
(4)(A) The decision to reject a publication may be appealed further to the Deputy Director of Residential Services.
(B) This appeal must also be initiated within ten (10) days of receipt of the center supervisor’s decision.
(5) Any rejected publication will be held safe by the center supervisor until the:
(A) Appeal process has been completed; or
(B) Fifteen-day period for filing an appeal has expired.
(6) Options for disposing of a rejected publication are as follows:
(A) Destruction;
(B) Return of the publication to the sender at the expense of the resident unless return postage is guaranteed; or
(C) Mailing the publication to a third party at the expense of the resident.
"Section Number: AR 7.23 Page Number: 1
Board Approval Date: 5/30/02
Supersedes: AR 7.23 Dated: 4/29/94
Reference: Effective Date: 9/15/02"
"I. AUTHORITY. The Board of Corrections is vested with the authority to promulgate this rule by Ark. Code Ann. §§12-27-105, 16-93-1203, and 16-93-1205."