CHAPTER: 200
PUBLIC/PUBLIC ACCESS


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OPS
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DEPARTMENT ORDER MANUAL

DEPARTMENT ORDER: 202

PUBLIC ACCESS - TOURS AND BOARD HEARINGS

SUPERSEDES:
 DO 202 (09/01/96)
EFFECTIVE DATE:
APRIL 16, 2001

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

PURPOSE

This Department Order establishes guidelines for public access to institutions and private prisons as part of an authorized tour or attendance at a Board of Executive Clemency hearing. The Director or designee may deny access to anyone who has been indicted for a felony crime, who violates the Department's written instructions, or who otherwise represents a threat to the safe, secure and orderly operation of the Department's facilities.

APPLICABILITY

This Department Order addresses public access to institutions for tours or attendance at Board of Executive Clemency hearings (Board Hearing)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 private prison shall be searched prior to entering, in accordance with Department Order #708, Searches.

Persons with a disability may request a reasonable accommodation such as a sign language interpreter, by contacting the Department. Requests should be made as early as possible to allow time to arrange the accommodation.

PROCEDURES

202.01 INSTITUTION TOURS

1.1 Authorization for tours of Department institutions shall be obtained from the Director, the Chief of Staff, the Deputy Director for Prisons Operations, or from the Warden or at a private prison, the Department's Assistant Deputy Warden. The Warden or Assistant Deputy Warden shall determine the days, times and method for a tour and shall designate a person to conduct the tour.

1.2 Efforts shall be made to accommodate requests for tours from the following entities:

1.2.1 Criminal justice agency representatives.

1.2.2 Elected officials and their staff. Tours for legislators and their staff shall be coordinated with the Department's Legislative Liaison.

1.2.3 News media staff. Tours by the news media shall be coordinated with the Department's Public Information Office.

1.2.4 Corrections Practitioner from outside the State of Arizona.

1.2.5 College-level classes for law enforcement or criminal justice subjects.

1.2.6 Others as designated by the Director.

1.3 Groups/entities other than those identified in this section may apply in writing to the Director.

1.4 Tours by juvenile offenders shall only be allowed pursuant to a court order. Otherwise, individuals under age 18 shall not be allowed to tour inside a secure perimeter.

1.5 ACIC/NCIC Clearance

1.5.1 Every person over the age of 18 shall submit their name, date of birth and social security number to the Warden, Deputy Warden or Assistant Deputy Warden of the institution they wish to tour, a minimum of five work days prior to a scheduled tour, for clearance through ACIC/NCIC.

1.5.2 After ACIC/NCIC clearance is received, the Warden, Deputy Warden or Assistant Deputy Warden shall request approval or denial of the tour from the Deputy Director for Prison Operations by providing, in memorandum format, the names of the visitors, purpose of the tour and the institution's recommendation as to approval or disapproval.

1.5.3 Persons not clearing the ACIC/NCIC check shall be denied entrance unless otherwise authorized by the Deputy Director.

1.6 Conduct During Tours

1.6.1 Persons on tours shall comply with all Department Orders or other written instructions, in particular, those regarding dress, inmate contact and contraband. No shade of orange clothing that may be mistaken for inmate clothing is allowed.

1.6.2 The operation of the institution shall take precedence over tours.

1.6.3 Except as approved, persons on tours shall not interview or otherwise talk with inmates.

1.6.4 Except as otherwise approved, institution tour groups shall be limited to a minimum of 5 or a maximum of 10 persons.

1.6.5 Contraband and illegal contraband are prohibited.

202.02 PUBLIC ATTENDANCE AT BOARD OF EXECUTIVE CLEMENCY HEARINGS - Board Hearings held in Department facilities are considered open meetings.

1.1 Admittance to an Institution - Members of the public shall be permitted into institutions for the purpose of attending Board Hearings. Restrictions on Board Hearing visitors shall not be unduly imposed. Wardens, Deputy Wardens and, in private prisons Assistant Deputy Wardens, shall ensure that this Department Order is implemented to the letter and that all Board Hearing visitors are assured their rights under the law.

1.2 Sign in Procedures - An attendance log shall be made available by the institution. All visitors shall sign in before being admitted into an institution to attend a Board Hearing.

1.3 General Provisions

1.3.1 Any Board Hearing visitor under the age of 18 shall be accompanied by a parent or guardian.

1.3.2 Board Hearing visitors shall be allowed to remain in the institution for any or all Board Hearings the same day.

1.3.3 Board Hearing visitors shall not be required to provide the name of a specific inmate who is scheduled for a Board Hearing.

1.3.4 Board Hearing visitors shall not be required to be on, or to meet the requirements to be on, an inmate's visitation list.

1.3.5 Board Hearing visitors shall not be required to be cleared through ACIC/NCIC.

1.4 Items That May Be Brought into an Institution - A Board Hearing visitor shall be allowed to bring only the following items:

1.4.1 Personal identification.

1.4.2 Prescription medication in the original container, and only in the amount needed during the Board Hearings the visitor shall 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 prison.

1.4.4 Written documents to be filed at the Hearing and writing materials for recording information at the Hearing.

1.4.5 An audio tape recorder.

1.4.6 Individuals from the media shall be allowed to bring video cameras into the prison for Board Hearings.

1.5 Denial of Entry into a Unit for a Board 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 Hearings. The individual denying entry shall:

1.5.1 Immediately notify the Warden or if at a private prison, the Deputy Director for Prison Operations of the denial.

1.5.2 Within 12 hours of the denial, provide to the Warden or Deputy Director a written report containing all evidence, except the name of any confidential informant. This report shall be complete and accurate, specifying all factors considered in denying entry and shall contain the names of any employees involved in, or witnessing, the incident.

1.5.3 Within 12 hours of the denial, each employee who was involved in, or who witnessed, the situation in which a person was denied entry to a Board Hearing shall submit an Information Report to the Warden or Assistant Deputy Warden that contains their account of the specifics of the denial.

1.5.4 Within 24 hours of a person being denied entry to a Board Hearing, the Warden, or Deputy Warden shall FAX to the Deputy Director for Prison Operations a packet containing:

1.5.4.1 The report and supporting documentation from the Senior Security Officer.

1.5.4.2 Any Information Reports completed by other staff.

1.5.4.3 Any and all other information related to the decision to deny the person entry.

1.5.5 The person denied access to a Board Hearing shall have the opportunity to review existing documentation within five calendar days of being refused entry. Such review shall take place at the institution where the refusal occurred.

1.5.6 The only remedy available to a person denied entry to the Board Hearing shall be against the Director as prescribed by law.

1.6 Limitation of Physical Contact - No physical contact whatsoever shall be allowed between an inmate and any person who attends a Board Hearing.

1.7 Security Measures within Institutions

1.7.1 A security officer shall be posted at all times in the Hearing room from the time of admittance of visitors and Board members until the Board Hearing is over and the Hearing room is vacated.

1.7.2 A security officer shall be posted in smoking areas when occupied by Board 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 Hearings may be suspended by the Warden, Deputy Warden, or at a private prison, the Assistant Deputy Warden of any institution or private prison when it is determined that the security or orderly operation of the institution warrants such action.

1.8 Smoking Restrictions - There shall be no smoking allowed in the Hearing room, but smoking areas shall be designated and posted adjacent to the Hearing room.

202.03 IDENTIFICATION REQUIREMENTS - Every person over the age of 16 years shall present acceptable evidence of identification upon entering and exiting an institution.

1.1 This identification shall include the person's name, picture and date of birth.

1.2 Acceptable picture identification shall include, but shall not be limited to:

1.2.1 Military I.D.

1.2.2 Passports.

1.2.3 Valid State drivers licenses.

1.2.4 Official picture identification cards from any State or Federal agency, including government employee I.D. cards and Immigration and Naturalization documentation cards

 


IMPLEMENTATION

Wardens shall maintain an Institution Order addressing at a minimum:

Wardens shall ensure that security staff receive training on the provisions of this Department Order and the authorized Institution Order.

DEFINITIONS

BOARD HEARING VISITOR - Any person entering a Department Institution for the purpose of attending a Board Hearing.

CONTRABAND - Any item considered to be a detriment to the safe and orderly operation of the institution. Contraband includes, but is not limited to:

ILLEGAL CONTRABAND - Any item, the possession of which in the community or on prison grounds is a felony or misdemeanor, i.e., weapons, explosive devices, drugs, or other statutorily prohibited item(s).

AUTHORITY

A.R.S. Title 38, Chapter 3, Article 3.1, Public Meetings and Proceedings.



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