Ark. Code Ann. § 12-41-710 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-710
Bonds - Coupons - Execution - Seal
Status: in_force

(a) Bonds issued pursuant to this subchapter shall bear the manual or facsimile signature of the presiding officer of the county jail board, municipal jail board, or public instrumentality jail board and the manual authenticating signature of the trustee or paying agent of the bonds if the trustee or paying agent exists. (b) In case any of the officers whose signatures appear on the bonds shall cease to be officers before delivery of the bonds, their signature shall, nevertheless, be valid and sufficient for all purposes. (c) Each bond shall be sealed with the seal of the board. Acts 1983, No. 918, § 10; A.S.A. 1947, § 46-456; Acts 2003, No. 1772, § 1.

(a) Bonds issued pursuant to this subchapter shall bear the manual or facsimile signature of the presiding officer of the county jail board, municipal jail board, or public instrumentality jail board and the manual authenticating signature of the trustee or paying agent of the bonds if the trustee or paying agent exists.

(b) In case any of the officers whose signatures appear on the bonds shall cease to be officers before delivery of the bonds, their signature shall, nevertheless, be valid and sufficient for all purposes.

(c) Each bond shall be sealed with the seal of the board.

Acts 1983, No. 918, § 10; A.S.A. 1947, § 46-456; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-13-118 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-118
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 21, eff. 7/1/2023. Added by Act 2015, No. 874,§ 1, eff. 4/1/2015.

Repealed by Act 2023, No. 841,§ 21, eff. 7/1/2023.

Added by Act 2015, No. 874,§ 1, eff. 4/1/2015.
Ark. Code Ann. § 12-64-843 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-843
Conduct unbecoming to an officer
Status: in_force

Any commissioned officer who is convicted of conduct unbecoming to an officer shall be punished as a court-martial may direct. Amended by Act 2023, No. 322,§ 7, eff. 8/1/2023. Acts 1969, No. 50, § 161; A.S.A. 1947, § 11-743.

Any commissioned officer who is convicted of conduct unbecoming to an officer shall be punished as a court-martial may direct.

Amended by Act 2023, No. 322,§ 7, eff. 8/1/2023.

Acts 1969, No. 50, § 161; A.S.A. 1947, § 11-743.
Ark. Code Ann. § 12-18-1103 — AR Code / Title 12 / Chapter 18 / Subchapter 11 / Section 12-18-1103
Procedure if the investigation results in an unsubstantiated report related to a fatality
Status: in_force

Upon request, the Department of Human Services shall release the following information to the general public when the investigative determination is unsubstantiated on a report of a fatality of a child: (1) (A) A summary of previous child maltreatment investigations. (B) The disclosure shall not include the name of the offender; (2) A summary of the current child maltreatment investigation, including medical information pertaining to the death; however, the name of the alleged offender shall not be disclosed; (3) All relevant risk and safety assessments completed on the child; (4) Information about criminal charges, if known; and (5) Any action taken by the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police, including personnel action and licensing action. Amended by Act 2013, No. 1181,§ 6, eff. 8/16/2013. Acts 2009, No. 675, § 1.

Upon request, the Department of Human Services shall release the following information to the general public when the investigative determination is unsubstantiated on a report of a fatality of a child:

(1) (A) A summary of previous child maltreatment investigations. (B) The disclosure shall not include the name of the offender;

(A) A summary of previous child maltreatment investigations.

(B) The disclosure shall not include the name of the offender;

(2) A summary of the current child maltreatment investigation, including medical information pertaining to the death; however, the name of the alleged offender shall not be disclosed;

(3) All relevant risk and safety assessments completed on the child;

(4) Information about criminal charges, if known; and

(5) Any action taken by the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police, including personnel action and licensing action.

Amended by Act 2013, No. 1181,§ 6, eff. 8/16/2013.

Acts 2009, No. 675, § 1.
Ark. Code Ann. § 12-8-501 — AR Code / Title 12 / Chapter 8 / Subchapter 5 / Section 12-8-501
Legislative intent
Status: in_force

(a) The General Assembly recognizes that: (1) The state has a responsibility to provide competent and thorough child abuse investigations which are sensitive to the needs of children and families; (2) It is difficult for caseworkers with the Department of Human Services, which is currently charged with the responsibilities of investigating child abuse and providing services to children and families, to separate their dual roles as investigators and service providers; (3) Many studies show that child abuse investigations are compromised when these very different functions are not separated; and (4) Child abuse is a crime and suspected child abuse should be investigated with due diligence by trained law enforcement officers. (b) Therefore, it is declared to be the intent of this General Assembly to authorize the Department of Arkansas State Police to: (1) Create a Crimes Against Children Division, either through transfer or by contract; (2) Conduct investigations into severe child abuse as defined by interagency agreement; and (3) Administer the Child Abuse Hotline. Acts 1997, No. 1240, § 1; 2001, No. 441, § 2.

(a) The General Assembly recognizes that: (1) The state has a responsibility to provide competent and thorough child abuse investigations which are sensitive to the needs of children and families; (2) It is difficult for caseworkers with the Department of Human Services, which is currently charged with the responsibilities of investigating child abuse and providing services to children and families, to separate their dual roles as investigators and service providers; (3) Many studies show that child abuse investigations are compromised when these very different functions are not separated; and (4) Child abuse is a crime and suspected child abuse should be investigated with due diligence by trained law enforcement officers.

(1) The state has a responsibility to provide competent and thorough child abuse investigations which are sensitive to the needs of children and families;

(2) It is difficult for caseworkers with the Department of Human Services, which is currently charged with the responsibilities of investigating child abuse and providing services to children and families, to separate their dual roles as investigators and service providers;

(3) Many studies show that child abuse investigations are compromised when these very different functions are not separated; and

(4) Child abuse is a crime and suspected child abuse should be investigated with due diligence by trained law enforcement officers.

(b) Therefore, it is declared to be the intent of this General Assembly to authorize the Department of Arkansas State Police to: (1) Create a Crimes Against Children Division, either through transfer or by contract; (2) Conduct investigations into severe child abuse as defined by interagency agreement; and (3) Administer the Child Abuse Hotline.

(1) Create a Crimes Against Children Division, either through transfer or by contract;

(2) Conduct investigations into severe child abuse as defined by interagency agreement; and

(3) Administer the Child Abuse Hotline.

Acts 1997, No. 1240, § 1; 2001, No. 441, § 2.
Ark. Code Ann. § 12-18-1003 — AR Code / Title 12 / Chapter 18 / Subchapter 10 / Section 12-18-1003
Consent for health care and services
Status: in_force

An individual taking a child into custody may give effective consent for medical, dental, health, and hospital services during protective custody. Acts 2009, No. 749, § 1.

An individual taking a child into custody may give effective consent for medical, dental, health, and hospital services during protective custody.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-28-602 — AR Code / Title 12 / Chapter 28 / Subchapter 6 / Section 12-28-602
Definitions
Status: in_force

As used in this subchapter: (1) "Board" means the Board of Corrections; (2) "County backlog" means those inmates sentenced to the Division of Correction who are being housed in the county jails until space is available in a prison; (3) "Prison" means a correctional facility operated by the division under the supervision and direction of the board; (4) "Prison system" means the prison facilities of the division; and (5) "Rated capacity" means the actual available bed space in the prison system as certified by the board, subject to applicable federal and state laws and the rules and regulations adopted pursuant to those laws. Amended by Act 2019, No. 910,§ 781, eff. 7/1/2019. Acts 1987, No. 418, § 2; 1995, No. 204, § 1; 1995, No. 293, § 1; 2003, No. 1721, § 1.

As used in this subchapter:

(1) "Board" means the Board of Corrections;

(2) "County backlog" means those inmates sentenced to the Division of Correction who are being housed in the county jails until space is available in a prison;

(3) "Prison" means a correctional facility operated by the division under the supervision and direction of the board;

(4) "Prison system" means the prison facilities of the division; and

(5) "Rated capacity" means the actual available bed space in the prison system as certified by the board, subject to applicable federal and state laws and the rules and regulations adopted pursuant to those laws.

Amended by Act 2019, No. 910,§ 781, eff. 7/1/2019.

Acts 1987, No. 418, § 2; 1995, No. 204, § 1; 1995, No. 293, § 1; 2003, No. 1721, § 1.
Ark. Code Ann. § 12-10-327 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-327
Restriction on creation of public safety answering point
Status: in_force

A new public safety answering point shall not be established unless the new public safety answering point is established as a result of: (1) Consolidation with an existing public safety answering point; or (2) Replacement of an existing public safety answering point. Amended by Act 2019, No. 660,§ 9, eff. 7/24/2019. Added by Act 2017, No. 574,§ 1, eff. 7/1/2017.

A new public safety answering point shall not be established unless the new public safety answering point is established as a result of:

(1) Consolidation with an existing public safety answering point; or

(2) Replacement of an existing public safety answering point.

Amended by Act 2019, No. 660,§ 9, eff. 7/24/2019.

Added by Act 2017, No. 574,§ 1, eff. 7/1/2017.
Ark. Code Ann. § 12-64-608 — AR Code / Title 12 / Chapter 64 / Subchapter 6 / Section 12-64-608
General or special court-martial - Authorized sentence after declaration of war prior to jurisdiction of United States Code of Military Justice
Status: in_force

A general or special court-martial convened for the trial of a person charged with committing an offense after the declaration of a war or national emergency and before the time when he or she is brought under the jurisdiction of the United States Uniform Code of Military Justice, 10 U.S.C. § 801 et seq., may, upon conviction, adjudge such punishment as may be appropriate except that it may not exceed that authorized for a similar offense by the United States Uniform Code of Military Justice. Acts 1969, No. 50, § 67; A.S.A. 1947, § 11-622.

A general or special court-martial convened for the trial of a person charged with committing an offense after the declaration of a war or national emergency and before the time when he or she is brought under the jurisdiction of the United States Uniform Code of Military Justice, 10 U.S.C. § 801 et seq., may, upon conviction, adjudge such punishment as may be appropriate except that it may not exceed that authorized for a similar offense by the United States Uniform Code of Military Justice.

Acts 1969, No. 50, § 67; A.S.A. 1947, § 11-622.
Ark. Code Ann. § 12-64-303 — AR Code / Title 12 / Chapter 64 / Subchapter 3 / Section 12-64-303
Court-martial not barred
Status: in_force

The imposition and enforcement of disciplinary punishment under this subchapter for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission and not properly punishable under this subchapter. However, the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty. Acts 1969, No. 50, § 59; 1981, No. 656, § 1; A.S.A. 1947, § 11-614.

The imposition and enforcement of disciplinary punishment under this subchapter for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission and not properly punishable under this subchapter. However, the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

Acts 1969, No. 50, § 59; 1981, No. 656, § 1; A.S.A. 1947, § 11-614.
Ark. Code Ann. § 12-27-149 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-149
Division of Community Correction - Sufficient staffing guidelines
Status: in_force

For the purposes of maintaining a sufficiently trained and specialized staff of community supervision officers, the Division of Community Correction shall establish staffing guidelines using evidence-based practices to develop ratios between the number of high-risk, medium-risk, and low-risk probationers, parolees, and offenders on post-release supervision and the community supervision officers assigned to the high-risk, medium-risk, and low-risk probationers, parolees, and offenders on post-release supervision in order to maximize the effectiveness of the monitoring ability of the community supervision officers. Amended by Act 2023, No. 659,§ 98, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 770, eff. 7/1/2019. Added by Act 2017, No. 423,§ 11, eff. 8/1/2017.

For the purposes of maintaining a sufficiently trained and specialized staff of community supervision officers, the Division of Community Correction shall establish staffing guidelines using evidence-based practices to develop ratios between the number of high-risk, medium-risk, and low-risk probationers, parolees, and offenders on post-release supervision and the community supervision officers assigned to the high-risk, medium-risk, and low-risk probationers, parolees, and offenders on post-release supervision in order to maximize the effectiveness of the monitoring ability of the community supervision officers.

Amended by Act 2023, No. 659,§ 98, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 770, eff. 7/1/2019.

Added by Act 2017, No. 423,§ 11, eff. 8/1/2017.
Ark. Code Ann. § 12-61-126 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-126
National Guard Youth Challenge Program - Transportation
Status: in_force

Transportation to support Arkansas National Guard Youth Challenge Program activities for juvenile participants and staff may be provided by commercial lease or purchase of motor vehicles not to exceed six (6) vehicles. Acts 1995, No. 639 § 20; 1997, No. 821, § 24.

Transportation to support Arkansas National Guard Youth Challenge Program activities for juvenile participants and staff may be provided by commercial lease or purchase of motor vehicles not to exceed six (6) vehicles.

Acts 1995, No. 639 § 20; 1997, No. 821, § 24.
Ark. Code Ann. § 12-64-202 — AR Code / Title 12 / Chapter 64 / Subchapter 2 / Section 12-64-202
Apprehension of deserters
Status: in_force

Any civil officer having authority to apprehend offenders upon the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the organized militia and deliver him or her into the custody of the organized militia. If an offender is apprehended outside the state, his or her return to the area must be in accordance with normal extradition procedures or reciprocal agreement. Acts 1969, No. 50, § 53; A.S.A. 1947, § 11-608.

Any civil officer having authority to apprehend offenders upon the laws of the United States or of a state, territory, commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the organized militia and deliver him or her into the custody of the organized militia. If an offender is apprehended outside the state, his or her return to the area must be in accordance with normal extradition procedures or reciprocal agreement.

Acts 1969, No. 50, § 53; A.S.A. 1947, § 11-608.
Ark. Code Ann. § 12-41-709 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-709
Bonds - Sale - Disposition of proceeds
Status: in_force

(a) The bonds may be sold in such manner and at such prices, including sale at discount, as the county jail board, municipal jail board, or public instrumentality jail board may accept. (b) The proceeds derived from the sale of revenue bonds by the board under the provisions of this subchapter shall be deposited into a board jail fund and shall be used for the purposes of constructing or expanding jails, and for all other expenses incidental to the issuance of the bonds, as authorized in this subchapter. Acts 1983, No. 918, §§ 10, 15; A.S.A. 1947, §§ 46-456, 46-461; Acts 2003, No. 1772, § 1.

(a) The bonds may be sold in such manner and at such prices, including sale at discount, as the county jail board, municipal jail board, or public instrumentality jail board may accept.

(b) The proceeds derived from the sale of revenue bonds by the board under the provisions of this subchapter shall be deposited into a board jail fund and shall be used for the purposes of constructing or expanding jails, and for all other expenses incidental to the issuance of the bonds, as authorized in this subchapter.

Acts 1983, No. 918, §§ 10, 15; A.S.A. 1947, §§ 46-456, 46-461; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-12-1712 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1712
Photographs and X-rays
Status: in_force

(a) Any person who is required to report a case of adult maltreatment or long-term care facility resident maltreatment may take or cause to be taken, at public expense, color photographs of the area of trauma visible on the maltreated person and, if medically indicated, cause to be performed radiological examination of the maltreated person. (b) (1) Whenever a person is required to report under this subchapter in his or her capacity as a member of the staff of any private or public institution or agency, he or she shall immediately notify the person in charge of the institution or agency or his or her designee. (2) Upon notification under subdivision (b)(1) of this section, the person in charge of the institution or agency or his or her designee shall: (A) Take or cause to be taken, at public expense, color photographs of physical trauma; and (B) If medically indicated, cause to be performed a radiological examination of the maltreated person. (c) (1) Any photograph or X-ray taken under this section shall be sent to the Department of Human Services as soon as possible. (2) The department is not required to pay for a photograph or X-ray or a copy of a photograph or X-ray taken under this section. Amended by Act 2019, No. 955,§ 1, eff. 7/24/2019. Acts 2005, No. 1812, § 1.

(a) Any person who is required to report a case of adult maltreatment or long-term care facility resident maltreatment may take or cause to be taken, at public expense, color photographs of the area of trauma visible on the maltreated person and, if medically indicated, cause to be performed radiological examination of the maltreated person.

(b) (1) Whenever a person is required to report under this subchapter in his or her capacity as a member of the staff of any private or public institution or agency, he or she shall immediately notify the person in charge of the institution or agency or his or her designee. (2) Upon notification under subdivision (b)(1) of this section, the person in charge of the institution or agency or his or her designee shall: (A) Take or cause to be taken, at public expense, color photographs of physical trauma; and (B) If medically indicated, cause to be performed a radiological examination of the maltreated person.

(1) Whenever a person is required to report under this subchapter in his or her capacity as a member of the staff of any private or public institution or agency, he or she shall immediately notify the person in charge of the institution or agency or his or her designee.

(2) Upon notification under subdivision (b)(1) of this section, the person in charge of the institution or agency or his or her designee shall: (A) Take or cause to be taken, at public expense, color photographs of physical trauma; and (B) If medically indicated, cause to be performed a radiological examination of the maltreated person.

(A) Take or cause to be taken, at public expense, color photographs of physical trauma; and

(B) If medically indicated, cause to be performed a radiological examination of the maltreated person.

(c) (1) Any photograph or X-ray taken under this section shall be sent to the Department of Human Services as soon as possible. (2) The department is not required to pay for a photograph or X-ray or a copy of a photograph or X-ray taken under this section.

(1) Any photograph or X-ray taken under this section shall be sent to the Department of Human Services as soon as possible.

(2) The department is not required to pay for a photograph or X-ray or a copy of a photograph or X-ray taken under this section.

Amended by Act 2019, No. 955,§ 1, eff. 7/24/2019.

Acts 2005, No. 1812, § 1.
Ark. Code Ann. § 12-64-201 — AR Code / Title 12 / Chapter 64 / Subchapter 2 / Section 12-64-201
Apprehension generally
Status: in_force

(a) "Apprehension" is the taking of a person into custody. (b) Any person authorized by this code or by rules issued pursuant thereto to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer authorized to do so by law may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it. (c) Commissioned officers, warrant officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein. Amended by Act 2019, No. 315,§ 949, eff. 7/24/2019. Acts 1969, No. 50, § 52; A.S.A. 1947, § 11-607.

(a) "Apprehension" is the taking of a person into custody.

(b) Any person authorized by this code or by rules issued pursuant thereto to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer authorized to do so by law may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.

(c) Commissioned officers, warrant officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.

Amended by Act 2019, No. 315,§ 949, eff. 7/24/2019.

Acts 1969, No. 50, § 52; A.S.A. 1947, § 11-607.
Ark. Code Ann. § 12-12-701 — AR Code / Title 12 / Chapter 12 / Subchapter 7 / Section 12-12-701
Authorization
Status: in_force

Notwithstanding the provisions of the Polygraph Examiners Licensing Act, § 17-39-101 et seq., all law enforcement agencies in this state are authorized to use a psychological stress evaluation instrument to test or question individuals for the purpose of determining and verifying the truth of statements. Acts 1975, No. 342, § 1; A.S.A. 1947, § 42-901.

Notwithstanding the provisions of the Polygraph Examiners Licensing Act, § 17-39-101 et seq., all law enforcement agencies in this state are authorized to use a psychological stress evaluation instrument to test or question individuals for the purpose of determining and verifying the truth of statements.

Acts 1975, No. 342, § 1; A.S.A. 1947, § 42-901.
Ark. Code Ann. § 12-63-206 — AR Code / Title 12 / Chapter 63 / Subchapter 2 / Section 12-63-206
Jurisdiction of law enforcement officers
Status: in_force

(a) The appointment or designation of any police officer or officers under the authority of this subchapter shall not be deemed to supersede in any way the present authority of the Department of Arkansas State Police, that of the county sheriffs, or that of the peace officers of the jurisdiction in which the military reservation or portions thereof shall be located and on other real property that has all of the following characteristics: (1) Adjoins a military reservation; (2) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (3) Is real property upon which the Adjutant General has undertaken to provide police or security services. (b) None of the present jurisdiction or powers of the county sheriffs or the department shall be ceded to the police officers or over the land or property or persons on the land. Acts 1979, No. 895, §§ 1, 8; 1983, No. 852, §§ 1, 7; A.S.A. 1947, §§ 11-1812, 11-1819; Acts 2003, No. 1355, § 4.

(a) The appointment or designation of any police officer or officers under the authority of this subchapter shall not be deemed to supersede in any way the present authority of the Department of Arkansas State Police, that of the county sheriffs, or that of the peace officers of the jurisdiction in which the military reservation or portions thereof shall be located and on other real property that has all of the following characteristics: (1) Adjoins a military reservation; (2) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (3) Is real property upon which the Adjutant General has undertaken to provide police or security services.

(1) Adjoins a military reservation;

(2) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and

(3) Is real property upon which the Adjutant General has undertaken to provide police or security services.

(b) None of the present jurisdiction or powers of the county sheriffs or the department shall be ceded to the police officers or over the land or property or persons on the land.

Acts 1979, No. 895, §§ 1, 8; 1983, No. 852, §§ 1, 7; A.S.A. 1947, §§ 11-1812, 11-1819; Acts 2003, No. 1355, § 4.
Ark. Code Ann. § 12-64-601 — AR Code / Title 12 / Chapter 64 / Subchapter 6 / Section 12-64-601
Cruel and unusual punishments prohibited
Status: in_force

(a) Punishment by flogging or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. (b) The use of irons, single or double, except for the purpose of safe custody, is prohibited. Acts 1969, No. 50, § 101; A.S.A. 1947, § 11-656.

(a) Punishment by flogging or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code.

(b) The use of irons, single or double, except for the purpose of safe custody, is prohibited.

Acts 1969, No. 50, § 101; A.S.A. 1947, § 11-656.