2016 Arkansas Code
Title 9 - Family Law
Subtitle 3 - Minors
Chapter 28 - Placement or Detention
Subchapter 3 - -- Random Health Inspections of Division of Youth Services Facilities
§ 9-28-302. Security inspections

(a) (1) In order to assure that citizens of the State of Arkansas, the juveniles committed to facilities operated by or under contract with the Division of Youth Services of the Department of Human Services, and the employees of the facilities are protected from injury and harm, the Director of the Department of Correction or a duly authorized agent is authorized to enter the controlled premises and conduct random and unannounced security inspections of the facilities.

(2) The inspection shall include, but is not limited to, a review of:

(A) The security measures in place to prevent escapes by the juveniles;

(B) The security measures in place to prevent unauthorized persons from entering the facilities; and

(C) The use of force by employees of the facilities.

(b) Inspections shall include, but shall not be limited to, those standards as provided for in the current Standards for Juvenile Training Schools published by the American Correctional Association in cooperation with the Commission on Accreditation for Corrections.

(c) The inspections, while random, shall be performed at least one (1) time per calendar year with specific follow-up inspections by the Department of Correction to monitor deficiencies and corrections as determined by the Department of Correction.

(d) On or before July 30, 1999, the Department of Human Services shall adopt the current Standards for Juvenile Training Schools published by the American Correctional Association in cooperation with the Commission on Accreditation for Corrections as it relates to safety concerns.

(e) (1) The Director of the Department of Correction shall present a list of findings of the random security inspections to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth within one (1) month after conducting the random security inspections.

(2) In the event the General Assembly is in session, the Director of the Department of Correction shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Committee on Children and Youth.

(3) The complete report including, but not limited to, statistics shall be made available to the public.

(f) (1) The Director of the Department of Human Services or the division shall file the report, along with a response not to exceed two (2) pages, to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth within thirty (30) days of receiving an inspection report prepared by the Department of Correction.

(2) In the event the General Assembly is in session, the Director of the Department of Human Services shall provide the response to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Committee on Children and Youth.

(3) The response shall include a plan of correction and suggest a means by which the Department of Human Services or the division will correct any deficiencies within thirty (30) days of the filing of the report or within the time frame determined by the Department of Correction to ensure the health and safety of the juveniles housed at the facility.

(g) (1) The Department of Human Services or the division shall develop an internal audit and review to evaluate and monitor all facilities of the division.

(2) The Department of Correction will cooperate in training or assisting the Department of Human Services or the division in developing this process as it relates to security concerns.

(3) (A) In its quarterly performance reports, the Department of Human Services or the division shall report on its progress to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.

(B) In the event the General Assembly is in session, the Director of the Department of Human Services shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Committee on Children and Youth.

(h) The Director of the Department of Human Services shall be required to close any facility when deficiencies are deemed by the Department of Correction to be a danger to the health or safety of juveniles housed at such facility.

(i) The Department of Human Services shall reimburse all expenses and costs to the Department of Correction necessary to carry out the provisions of this subchapter.

(j) Those facilities operated under contract with the division that are required to be inspected by another provision of state or federal law shall not be subject to the provisions of this subchapter.