PREVIOUS
16 CAR § 30-304. Public release of offender information
16 CAR § 30-304. Public release of offender information.
(a) Applicability. This section applies to Division of Community Correction employees and medical contractor staff.
(b) Policy. Offender information must be protected and must not be released to the public except as permitted in this section and state and federal laws.
(c) Release of information.
(1) Offender information must not be released or disclosed to the public, offenders, or their attorneys except as provided by policy and state and federal laws or by court order.
(2) Only the following information from an offender record for an offender housed at a Division of Community Correction facility may be released to the general public:
(A) Offender’s:
(i) Name;
(ii) Aliases;
(iii) Division of Community Correction number;
(iv) Photograph;
(v) Physical description;
(vi) Date of birth;
(vii) Date of death;
(viii) Age;
(ix) Race; and
(x) Gender;
(B) Dates of confinement;
(C) Facility or facilities of confinement, work assignments, and program participation (unless it involves drug and alcohol or mental health program participation);
(D) Current:
(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) Prior:
(i) Confinement;
(ii) Offense or offenses;
(iii) Sentence or sentences;
(iv) Sentence date or dates;
(v) County or counties of conviction;
(vi) Case number or numbers;
(vii) Movements;
(viii) Behavior; and
(ix) Parole/clemency history, including:
(a) Date or dates of release; and
(b) Date or dates of return to the Division of Community Correction or Division of Correction;
(F) Detainers;
(G) Furloughs; and
(H) Escape history.
(3) Only the following information from an offender record for an offender on probation or parole with the Division of Community Correction may be released to the general public:
(A) Offender’s:
(i) Name;
(ii) Aliases;
(iii) Photograph;
(iv) Physical description;
(v) Date of birth;
(vi) Date of death;
(vii) Age;
(viii) Race; and
(ix) Gender;
(B) Dates of supervision;
(C) Office of supervision and program completion while under supervision, unless it involves drug and alcohol or mental health program participation;
(D) Current supervision:
(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 on supervision;
(vii) Revocation history;
(viii) Transfers;
(ix) Adherence to conditions of release; and
(x) Behavior;
(E) Prior supervision:
(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) Transfers;
(vii) Adherence to conditions of release; and
(viii) Clemency history, including:
(a) Date or dates of release; and
(b) Date or dates of return to the Division of Community Correction or Division of Correction;
(F) Detainers;
(G) Furloughs; and
(H) Escape history.
(4)(A) In addition to the information outlined in subdivisions (b)(2) and (3) of this section, the Division of Community Correction is required by Arkansas law to post on its public website the following records of parolees and probationers who have absconded supervision or have an active warrant issued for evading supervision:
(i) Any suspended sentences and their terms, if known;
(ii) A complete summary of felony convictions and sentences to the extent known by the Division of Community Correction;
(iii) Risk assessments scores completed after April 1, 2015, including the:
(a) Name of the state agency conducting the assessment;
(b) Date conducted; and
(c) Level of the assessment;
(iv) Any known aliases of the offender;
(v) Most recent photograph;
(vi) Any in-state or out-of-state orders of protection or no-contact orders known to the Division of Community Correction;
(vii) All major disciplinary violations and the date of their disposition that occurred while the offender was incarcerated;
(viii) Any programs completed and their dates while under Division of Community Correction supervision;
(ix) A list of previous revocation offenses while on probation or parole and date of revocation; and
(x)(a) Any court-generated records posted will be electronic copies of the actual court documents.
(b) If included in the documents, victim information must be redacted prior to posting on the public website.
(B) The Director of the Division of Community Correction must develop a plan to establish a method for a victim of a crime committed by a probationer, parolee, or other person under Division of Community Correction supervision to easily obtain the above information.
(5) Information from an offender record in addition to subdivisions (c)(2), (3), and (4) of this section may be released to criminal justice agencies and other governmental authorities unless state or federal law prohibits such disclosure.
(6) Information contained in offender records in addition to subdivisions (c)(2), (3), and (4) of this section may be released to appropriate personnel for research and audit purposes.
(7) Information contained in offender records in addition to subdivisions (c)(2), (3), and (4) of this section may be released to appropriate personnel involved in the operation of a contracted or licensed correctional facility or program.
(8)(A) Access to an offender’s own record may be granted, or information from the record may be released to the offender and/or his or her attorney as needed to resolve legitimate questions about the accuracy of information in the record or as required by 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, must not be disclosed except pursuant to court order.
(9)(A) An offender must not be permitted to peruse his or her file at will.
(B) The request for access to the file or information contained therein must be made in writing to the center supervisor or area manager or his or her designee.
(C) The offender must state with particularity the information or parts of the file to which access is requested, and the offender’s request must be supported by a showing of compelling need.
(D) The decision of the center supervisor or area manager or his or her designee to grant or deny the offender’s request is final.
(10) An offender must not be given access to another offender’s record or any information contained therein.
(11)(A) Staff trained in the supervision, management, and/or treatment of offenders may provide information pertaining to a particular offender to that offender as part of the offender’s supervision, management, and/or treatment.
(B) For example, the offender’s supervision conditions and supervision plan are information commonly provided to the offender.
"Section Number: AR 7.4 Page Number: 57
Board Approval Date: 8/21/2015
Supersedes: AR 7.4 Dated: 1/31/2014
Reference: Secretary of State Rule Code 159.
Effective Date: 9/15/2015"
"I. AUTHORITY. The Board of Corrections is vested with the authority to promulgate this administrative rule by Arkansas law sections 12-27-105, 16-93-1203, 16-93-1205 and 12-27-125."
"VI. REFERENCE.
Arkansas Law section 12-27-125(b) and 12-27-144"