Chapters 100-400
Agency Administration/ Management
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DEPARTMENT ORDER MANUAL | DEPARTMENT ORDER: 202 | SUPERSEDES: DO 202 (04/16/01) | |
| EFFECTIVE DATE: JUNE 2, 2009 |
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TABLE OF CONTENTS
| PURPOSE | |
| APPLICABILITY | |
| PROCEDURES | |
| 202.01 | INSTITUTION TOURS |
| 202.02 | PUBLIC ATTENDANCE AT BOARD OF EXECUTIVE CLEMENCY HEARINGS |
| 202.03 | IDENTIFICATION REQUIREMENTS |
| IMPLEMENTATION | |
| DEFINITIONS | |
| AUTHORITY | |
| ATTACHMENT |
This Department Order establishes guidelines
for public access to institutions and contract bed facilities as part of an
authorized tour or attendance at Board of Executive Clemency and Immigration
and Custom Enforcement (ICE) Deportation hearings. The Director or designee
may deny access to anyone who has been convicted of a felony crime, who
violates the Department’s written instructions or who otherwise
represents a threat to the safe, secure and orderly operation of Department
facilities. The above Substantive Policy Statement is
advisory only. A Substantive Policy Statement does not include internal
procedural documents that only affect the internal procedures of the agency
and does not impose additional requirements or penalties on regulated parties
or include confidential information or rules made in accordance with the
Arizona Administrative Procedure Act. If you believe that this Substantive
Policy Statement does impose additional requirements or penalties on regulated
parties you may petition the agency under Arizona Revised Statues section 41-
1033 for a review of the statement. This
Department Order addresses public access to institutions for tours or
attendance at Board of Executive Clemency hearings and Immigration and Custom
Enforcement (ICE) Deportation hearings only. For guidelines concerning access
by visitors, volunteers, contractors, researchers, and religious groups, refer
to the following Department Orders: # Department Order #203, Research Projects. # Department Order #204, Volunteer Services. # Department Order #205, Contractor Security.
# Department Order #904, Inmate Religious
Activities/Marriage Requests. # Department Order #911, Inmate Visitation.
This Department Order includes non-Department law enforcement, attorneys and
agents of attorneys as well as inmate visitors. All persons entering a Department institution or contract bed
facility shall be searched prior to entering, in accordance with Department Order #708, Searches. Persons with a disability or special needs may request a
reasonable accommodation, such as a sign language interpreter or wheelchair
accommodation, by contacting the Division Director for Offender Operations or
designee. Requests should be made as early as possible to allow time to arrange
the accommodation. Return to
top 1.1
Subject to available staffing and security related issues, efforts may be made
to accommodate requests for tours from the following entities:
1.1.1 Criminal justice agency representatives.
1.1.2 Elected officials and their staff.
1.1.3 News media staff. Tours by the news media shall be coordinated with
the Department's Office of Media and Public Relations, as outlined in Department Order #207, Media Relations.
1.1.4 Civic groups, such as interested members
of the public, staff family members, potential applicants and victim service
groups. 1.1.5 Correctional Practitioners from
other jurisdictions. 1.1.6 Graduate-level
classes in law enforcement and criminal justice. 1.1.7 Others as designated by the Director. 1.1.8 Once a tour is approved the Warden shall notify the Director’s
Office prior to the date of the tour. 1.2 Elected Officials
and their staff are not subject to the restrictions of this Department Order.
See Department Order #110, Legislative
Activities. 1.3 Groups/entities other than those identified in this
section may apply in writing to the Warden. 1.4 No individual under age
18 shall be allowed to tour inside a secure perimeter. 1.5 Tours shall
not last longer than two hours. 1.6 The number of persons allowed per tour
group shall not exceed 20, additional restrictions may apply. 1.7
Authorization – Wardens may authorize tours of Department
institutions under the guidelines established by the Director. 1.7.1 All requests for tours shall be submitted in writing to the Warden
who is the sole point of contact for tour requests. The Warden shall:
1.7.1.1 Determine the days, times
and methods for a tour. 1.7.1.2 Provide the contact person for the tour group with the following
forms, instructions on their completion and directions to return them at least
15 work days prior to the date of the tour. 1.7.1.2.1 The Request for
Institution Tours, Form 202-1. 1.7.1.2.2 The Criminal History
Information Request, Form 121-1, with instructions that all information used
for identification purposes is required, and that omitted information may
result in that person being denied entrance to the institution. 1.7.1.3 Provide the
contact person with a letter, which thanks them for their interest and
outlines some do’s and don'ts. (Attachment A provides some sample
language to be used.) 1.7.1.4 Advise the contact person for the tour that once the forms have
been returned to the Warden, alternates/substitutions will not be permitted.
1.8 Due to extenuating circumstances, prior to
the tour being scheduled, exceptions to the criteria for tours may be approved
by the Director or Division Director for Offender Operations on a case-by-case
basis. 1.9 For tours requested by the media see Department Order #207, Media Relations and for
legislative requests for tours see Department Order #110, Legislative
Activities. 1.10 ACIC/NCIC Clearance
1.11.1 Intake.
1.12
Each complex Warden shall forward their established tour route through their
respective Regional Operations Director to the Division Director for Offender
Operations for approval. 1.13 The following areas
shall be considered restricted from public tours unless approved in writing
from the Warden:
1.14.1 Each individual of a tour
group shall be required to present identification as outlined in section
202.03. Return to top Board of Executive Clemency hearings and Immigration and Custom
Enforcement (ICE) Deportation hearings held in Department facilities are
considered open meetings, pursuant to A.R.S 38-431.08 and 8 C.F.R. 1003.27.
For information regarding Commutation Hearings, see Department Order #1002, Inmate Release
Eligibility System. 1.1 The Immigration and Custom Enforcement
Deportation hearings shall be open to the public pursuant to 8 C.F.R. 1003.27,
with the following exceptions: 1.1.1 Depending on physical
facilities, the Immigration Judge may place reasonable limitations upon the
number in attendance at any one time with priority being given to the press
over the general public. 1.3 General Provisions 1.3.2 Board of Executive Clemency/ICE Deportation hearing visitors
shall: 1.4.1 Personal identification.
1.4.5 An audio tape recorder only. No other recording devices are authorized.
1.5.1 The staff member denying entry shall:
1.7 Security Measures within Institutions
Return to top Every person over the age of 16 years shall present photographic identification to verify the person’s signature.
1.1 This identification shall include the person's name, picture, signature and date of birth.
1.2 Picture identification includes:
Naturalization documentation cards
Wardens shall maintain an Institution Order addressing at a minimum:
Wardens shall ensure that correctional staff receives training on the provisions of this Department Order and the authorized Institution Order.
BOARD CONTRABAND ILLEGAL CONTRABAND
Charles L. Ryan
Director
Attachment A, Tour Letter (Sample)
FORMS LIST
202-1, Request for Institution Tours
A.R.S. 36-601.02, Smoking in state buildings; prohibition; exception; violation; classification
A.R.S. Title 38, Chapter 3, Article 3.1, Public Meetings and Proceedings.
A.R.S. 38-431.07, Violations; enforcement; removal from office; in camera review.
A.R.S. 38-431.08, Exceptions; limitation.
Title 8, Code of Federal Regulations (C.F.R.), 1003.27 – Public access to hearings.
DEPARTMENT ORDER 202
(Use State letterhead.)
Date
Dear Sir or Madam:
On behalf of the Director for the Department of Corrections and the Arizona State Prison Complex-Warden (NAME), we would like to thank you for your interest in touring the prison system. Your group has been approved for (DATE), at (TIME), for approximately (NUMBER) of hours.
The following information should be shared with those individuals in the group who will be attending. This will ensure that you and your group do not have any problems entering into the prison complex.
All group members must bring a picture identification card and carry it with them at all times. All group members should assemble as a group, at the prison complex, prior to the start of the tour. At the sole discretion of the Warden, group members who arrive late may not be permitted to join a tour already in progress, so please be on time. You are to remain as a group on the tour and follow the instructions of the tour coordinator for security reasons and your personal safety. The tour may be canceled at any time and you will be escorted off the prison ground if we feel that your safety is in jeopardy or an unpredictable act or incident occurs.
Relatives or friends of inmates will not be permitted to tour the facility without prior approval of the Warden and must be on the inmate’s visitation list. Physical contact with the inmate is prohibited. Tour groups are prohibited from having any conversation or contact with the inmate unless previously approved by the Warden.
ENVIRONMENT - The majority of the tour will be on foot. The prison has a variety of surfaces you may encounter while walking to include gravel, dirt and concrete. Please be prepared by wearing appropriate comfortable shoes. Prohibited shoes include those with open toes, sling back, mules or clogs and high-heels. We may be spending a lot of time outdoors, so it is advisable for you to wear sunscreen.
CLOTHING - Do not wear any orange clothing or any shade of brown or tan clothing. Shorts and cutoffs are prohibited. Skirts or dresses are discouraged, but may be worn, and if worn must be no shorter then two inches above the knee. Shirts/blouses must have sleeves, cover the midriff and cannot be see through type material or extend below the collarbone in the front or back. Shirts with pictures or language that is offensive by current standards, or gang affiliation are prohibited. Pants or slacks should not be form fitting or excessively baggy. Dress conservatively and appropriately for Arizona weather.
ACCESSORIES - Cell phones, pagers, purses and cameras will not be permitted onto the prison grounds, so please leave them at home or make other appropriate arrangements. Jewelry should be limited to one engagement/wedding ring, one religious medallion, one wristwatch and one pair of earrings or two observable body piercing adornments. Department staff will not be responsible for them. You may bring up to twenty dollars (coins are recommended), you may be provided access to vending machines.
If you have anyone in your group with a disability, special need, accommodations or medical condition, you may request a reasonable accommodation by contacting the Division Director for Offender Operations or designee. Please let us know as early as possible to allow time to make the appropriate arrangements.
Any person(s) who does not follow the rules will be denied access to or escorted from the facility. Thank you for your cooperation and interest in touring the Arizona State Prison Complex- (INSTITUTION NAME). If you have any questions please feel free to contact (NAME), (TITLE) at (AREA CODE)-(PHONE NUMBER AND EXTENSION).
Sincerely,
(SIGNATURE)
(NAME AND TITLE)
202.01 INSTITUTION TOURS
1.10.1 The Criminal History Information Request form shall be
completed by each person planning to participate in the tour group as outlined
in Department Order #121, Arizona Criminal Justice
Information and Identification System, which shall include their name,
date of birth, and social security number.
1.10.1.1 The contact person for the tour group shall
return the completed forms to the Warden, a minimum of 15 work days prior to a
scheduled tour.
1.10.1.2 The Department’s designated person shall forward
the forms to the ACJIS Operator for clearance through ACIC/NCIC.
1.10.2 After ACIC/NCIC
clearance is received, the Warden shall:
1.10.2.1 Approve or deny the entire
tour group, or may, deny any individual(s) on the tour based upon the results
of the criminal history inquiry.
1.10.2.2 Notify the point of
contact for the tour group and advise them who will be allowed to participate
in the tour.
1.10.2.3 Notify the following persons of the approved tour to
include date, time and area(s) to be visited:
1.10.2.3.1
Director’s Office.
1.10.2.3.2 Public
Information Office.
1.10.2.3.3 Affected
Regional Operations Director.
1.10.2.3.4 Division
Director for Offender Operations.
1.10.2.4. Maintain a log, which
identifies each person’s last name, first name, the tour group, date and
time of the tour and all completed forms regarding requested
tours.
1.10.3
Persons not clearing the ACIC/NCIC check shall be denied entrance unless
otherwise authorized by the Warden. Persons that are denied entrance may
reapply to participate in a tour at a later date.
1.11
Standard Tours – Tours are intended to educate participants on
the Department’s mission, general operations and guiding principles.
Wardens and Administrators shall ensure that tour groups have opportunities to
observe facets of the Arizona Plan. A standardized tour route will be
established for each facility with the following areas.
1.11.2 Education.
1.11.3 Work-Based Education.
1.11.4 Program Activities.
1.11.5 Visitation.
1.11.6 Libraries.
1.11.7 Work Locations.
1.13.1 Detention Units.
1.13.2 Towers.
1.13.3 Main Controls.
1.13.4 Special Security Unit/Security Threat
Group offices.
1.13.5 Mental
Health Units.
1.13.6 Areas
where inmates are on suicide watches.
1.13.7 Special Management Unit (SMU).
1.13.8 Browning Unit.
1.13.9 HU-9.
1.14 Conduct
During Tours - Tours of Department institutions shall be conducted during
regular business hours, Monday through Friday, excluding holidays. Exceptions
to tour hours may be approved by the Division Director for Offender Operations
on a case-by-case basis.
1.14.2 Persons on tours shall comply with
all Department Orders or other written instructions, including those regarding
dress, inmate contact and contraband. No shades of orange clothing that may be
mistaken for inmate clothing, or any shades of brown or tan clothing are
permitted.
1.14.3 The operation
of the institution shall take precedence over tours. During emergency
situations, staff shall respond in accordance with Department Order #706,
Incident Command System, and the appropriate Institution Orders.
Institutional staff shall provide specific directions to tour groups during
emergencies.
1.14.4 Any
individual(s) of a tour group may be denied entrance to the institution if, in
the opinion of the staff member conducting the tour, it appears that they may
be under the influence of drugs and/or alcohol. In such cases that staff
member shall:
1.14.4.1 Immediately notify their supervisor.
1.14.4.2 Complete
an Information Report to include the circumstances, the observed behaviors,
the name(s) of the individual(s), the name of the organization, if applicable
and any other information deemed relevant.
1.14.4.3 At the discretion of the
supervisor, escort the denied person(s) off state property.
1.14.5 Except as approved,
persons on tours shall not interview or otherwise talk with inmates.
1.14.6 At no time will physical
contact between an individual of a tour group and an inmate be permitted.
1.14.7 Cigarette smoking shall
only be permitted as outlined in Department Order #109, Smoking and Tobacco
Regulations.
1.14.8
Contraband and illegal contraband are prohibited. (See
definitions.)
202.02 PUBLIC ATTENDANCE AT BOARD OF EXECUTIVE CLEMENCY
HEARINGS -
1.1.2
The Immigration Judge may limit attendance or hold a closed hearing for the
purpose of protecting witnesses, parties or the public interest.
1.1.3 In any proceeding before an Immigration
Judge concerning an abused alien spouse, the hearing and the Record of
Proceeding shall be closed to the public unless the abused spouse agrees that
the hearing and the Record of Proceeding shall be open to the public. In any
proceeding before an Immigration Judge concerning an abused alien child, the
hearing and the Record of Proceeding shall be closed to the public.
1.1.4 Proceedings before an
Immigration Judge shall be closed to the public if information subject to a
protective order, which has been filed under seal pursuant to C.F.R
1003.31(d), may be considered.
1.2 Admittance to an
Institution - Members of the public shall be permitted into institutions
for the purpose of attending Board of Executive Clemency/ICE
Deportation hearings. 1.3.1 A parent or guardian shall accompany any
Board of Executive Clemency/ICE Deportation hearing visitor under the age of
18.
1.3.2.1 Not
be required to provide the name of a specific inmate who is scheduled for a
Board of Executive Clemency/ICE Deportation hearing.
1.3.2.2 Not be required to be
on, or to meet the requirements to be on, an inmate's visitation list.
1.3.2.3
Not be required to clear an ACIC/NCIC.
1.3.2.4 Adhere to the dress code in
accordance with Department Order #911, Inmate Visitation.
1.3.2.5 Submit to
a reasonable search upon entering the facility, pursuant to A.R.S. 38-431.08.
1.4 Items That May Be Brought into
an Institution - A Board of Executive Clemency/ICE Deportation hearing
visitor shall be allowed to bring only the following items: 1.3.2.6
Sign an attendance log and if over 16 years of age, produce a photographic
identification that verifies the person’s signature, pursuant to A.R.S.
38-431.08.
1.4.2 Prescription medication in the original container, and only
in the amount needed during the Board of Executive Clemency/ICE Deportation
hearings the visitor will attend.
1.4.3 A change of clothing and feeding bottles of milk, formula or juice for an infant when the infant is taken into the institution.
1.4.4 Written documents to be filed at the hearing and writing materials for recording information at the hearing.
1.4.6 Individuals from the media shall be allowed to bring video cameras into the institution for Board of Executive Clemency/ICE Deportation hearings as outlined in Department Order #207, Media Relations, pursuant to A.R.S. 38-431.08.
1.5 Denial of Entry into a Unit for a Board of Executive Clemency/ICE Deportation Hearing - The Warden, Deputy Warden or Assistant Deputy Warden may determine that there is reason to believe that a person's attendance at a hearing constitutes a serious threat to the life or physical safety of any individual or to the safe, secure and orderly operation of the institution. In such cases, the individual shall be denied access to the unit based on evidence that the person could constitute a threat under the security provisions maintained during Board of Executive Clemency/ICE Deportation hearings.
1.5.1.1 Immediately notify the Warden, or if at a contract bed facility, the Operations Director, of the denial.
1.5.1.2 Within two hours of the denial, submit an Information Report through Warden or Operations Director for Contract Beds to the Division Director that contains all information considered in denying the person(s) entry, including the names of any employees involved in or who may have witnessed the incident.
1.5.2 Within two hours of the denial, each employee who was involved in or witnessed the denial shall submit an Information Report containing the specifics of the denial to the Warden or Assistant Deputy Warden.
1.5.3 Within four hours of the denial, the Warden or Deputy Warden shall FAX a packet containing the following information to the Division Director for Offender Operations:
1.5.3.1 The report and supporting documentation from the unit Deputy Warden.
1.5.3.2 Any Information Reports completed by staff.
1.6 Limitation of Physical Contact - No physical contact whatsoever shall be allowed between an inmate and any person who attends a Board of Executive Clemency/ICE Deportation hearing.
1.5.3.3 Any and all other information supporting the decision to deny the person entry.
1.7.1 A correctional officer shall be posted at all times in the hearing room from the time of admittance of visitors and Board of Executive Clemency/ICE Deportation members until the Board of Executive Clemency/ICE Deportation hearing is over and the hearing room is vacated.
1.7.2 A correctional officer shall be posted in designated smoking areas when occupied by Board of Executive Clemency/ICE Deportation hearing visitors.
1.7.3 All other normal security procedures necessary to ensure the safe, secure and orderly operation of an institution shall remain in effect and be enforced without exception.
1.7.4 Public attendance of Board of Executive Clemency/ICE Deportation hearings may be suspended by the Warden, Deputy Warden, or the Assistant Deputy Warden of any institution or Contract Beds facility when it is determined that the security or orderly operation of the institution warrants such action.
1.8 Smoking Restrictions – Smoking shall only be permitted as outlined in Department Order #109, Smoking and Tobacco Regulations.
202.03 IDENTIFICATION REQUIREMENTS -
1.2.1 Military identification.
1.2.2 Passport.
1.2.3 A Valid State driver’s license.
1.2.4 Official picture identification cards from any State or Federal agency, including government employee identification cards and Immigration and Custom Enforcement documentation cards.