Ark. Code Ann. § 12-9-306 — AR Code / Title 12 / Chapter 9 / Subchapter 3 / Section 12-9-306
Number restricted
Status: in_force

(a) (1) A political subdivision may appoint auxiliary law enforcement officers equal to the larger number of: (A) Two (2) auxiliary law enforcement officers for each full-time certified law enforcement officer employed by the appointing law enforcement agency; or (B) One (1) auxiliary law enforcement officer for each one thousand (1,000) persons in the political subdivision as determined by the latest official census. (2) (A) However, if due to special or unusual problems or circumstances, any political subdivision has a need for a greater number of auxiliary law enforcement officers than is authorized in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section, the political subdivision may make a request to the Arkansas Commission on Law Enforcement Standards and Training for the additional auxiliary law enforcement officers. (B) Each request under subdivision (a)(2)(A) of this section shall state the special or unusual problems involved which justify the request, the number of additional auxiliary law enforcement officers requested, and such other information as the commission may require. (C) If the commission finds that the public interest will best be served by allowing the political subdivision to appoint the additional auxiliary law enforcement officers requested, the commission may grant the request under subdivision (a)(2)(A) of this section. (b) Honorary police officers without law enforcement authority are not restricted in number by this section. (c) The limitation concerning the number of auxiliary law enforcement officers allowed to be appointed by a law enforcement agency under this section does not apply to additional auxiliary law enforcement officers appointed by political subdivisions to serve as school resource officers or search and rescue officers. Amended by Act 2017, No. 497,§ 19, eff. 8/1/2017. Amended by Act 2013, No. 705,§ 1, eff. 8/16/2013. Acts 1983, No. 757, § 6; A.S.A. 1947, § 42-1406.

(a) (1) A political subdivision may appoint auxiliary law enforcement officers equal to the larger number of: (A) Two (2) auxiliary law enforcement officers for each full-time certified law enforcement officer employed by the appointing law enforcement agency; or (B) One (1) auxiliary law enforcement officer for each one thousand (1,000) persons in the political subdivision as determined by the latest official census. (2) (A) However, if due to special or unusual problems or circumstances, any political subdivision has a need for a greater number of auxiliary law enforcement officers than is authorized in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section, the political subdivision may make a request to the Arkansas Commission on Law Enforcement Standards and Training for the additional auxiliary law enforcement officers. (B) Each request under subdivision (a)(2)(A) of this section shall state the special or unusual problems involved which justify the request, the number of additional auxiliary law enforcement officers requested, and such other information as the commission may require. (C) If the commission finds that the public interest will best be served by allowing the political subdivision to appoint the additional auxiliary law enforcement officers requested, the commission may grant the request under subdivision (a)(2)(A) of this section.

(1) A political subdivision may appoint auxiliary law enforcement officers equal to the larger number of: (A) Two (2) auxiliary law enforcement officers for each full-time certified law enforcement officer employed by the appointing law enforcement agency; or (B) One (1) auxiliary law enforcement officer for each one thousand (1,000) persons in the political subdivision as determined by the latest official census.

(A) Two (2) auxiliary law enforcement officers for each full-time certified law enforcement officer employed by the appointing law enforcement agency; or

(B) One (1) auxiliary law enforcement officer for each one thousand (1,000) persons in the political subdivision as determined by the latest official census.

(2) (A) However, if due to special or unusual problems or circumstances, any political subdivision has a need for a greater number of auxiliary law enforcement officers than is authorized in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section, the political subdivision may make a request to the Arkansas Commission on Law Enforcement Standards and Training for the additional auxiliary law enforcement officers. (B) Each request under subdivision (a)(2)(A) of this section shall state the special or unusual problems involved which justify the request, the number of additional auxiliary law enforcement officers requested, and such other information as the commission may require. (C) If the commission finds that the public interest will best be served by allowing the political subdivision to appoint the additional auxiliary law enforcement officers requested, the commission may grant the request under subdivision (a)(2)(A) of this section.

(A) However, if due to special or unusual problems or circumstances, any political subdivision has a need for a greater number of auxiliary law enforcement officers than is authorized in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section, the political subdivision may make a request to the Arkansas Commission on Law Enforcement Standards and Training for the additional auxiliary law enforcement officers.

(B) Each request under subdivision (a)(2)(A) of this section shall state the special or unusual problems involved which justify the request, the number of additional auxiliary law enforcement officers requested, and such other information as the commission may require.

(C) If the commission finds that the public interest will best be served by allowing the political subdivision to appoint the additional auxiliary law enforcement officers requested, the commission may grant the request under subdivision (a)(2)(A) of this section.

(b) Honorary police officers without law enforcement authority are not restricted in number by this section.

(c) The limitation concerning the number of auxiliary law enforcement officers allowed to be appointed by a law enforcement agency under this section does not apply to additional auxiliary law enforcement officers appointed by political subdivisions to serve as school resource officers or search and rescue officers.

Amended by Act 2017, No. 497,§ 19, eff. 8/1/2017.

Amended by Act 2013, No. 705,§ 1, eff. 8/16/2013.

Acts 1983, No. 757, § 6; A.S.A. 1947, § 42-1406.
Ark. Code Ann. § 12-18-623 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-623
[Repealed]
Status: repealed

Repealed by Act 2019, No. 802,§ 4, eff. 7/24/2019. Amended by Act 2017, No. 250,§ 15, eff. 8/1/2017. Added by Act 2015, No. 1212,§ 1, eff. 7/22/2015.

Repealed by Act 2019, No. 802,§ 4, eff. 7/24/2019.

Amended by Act 2017, No. 250,§ 15, eff. 8/1/2017.

Added by Act 2015, No. 1212,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 12-28-104 — AR Code / Title 12 / Chapter 28 / Subchapter 1 / Section 12-28-104
Transferring authority - Pardon recommendations
Status: in_force

(a) The Post-Prison Transfer Board shall be the transferring authority for parole and post-release supervision for the units of the Department of Corrections and shall make recommendations to the Governor in cases from the criminal courts that, in the board's opinion, the defendant in the case should be pardoned. (b) The board shall consider the work skills, education, rehabilitation, and treatment programs recommended to the inmate upon intake and determine whether the inmate took advantage of those opportunities while incarcerated in the department in making decisions regarding parole or transfer to post-release supervision. Amended by Act 2023, No. 659,§ 101, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 776, eff. 7/1/2019. Acts 1969, No. 377, § 9; 1981, No. 107, § 2; A.S.A. 1947, § 46-916; Acts 2009, No. 788, § 3.

(a) The Post-Prison Transfer Board shall be the transferring authority for parole and post-release supervision for the units of the Department of Corrections and shall make recommendations to the Governor in cases from the criminal courts that, in the board's opinion, the defendant in the case should be pardoned.

(b) The board shall consider the work skills, education, rehabilitation, and treatment programs recommended to the inmate upon intake and determine whether the inmate took advantage of those opportunities while incarcerated in the department in making decisions regarding parole or transfer to post-release supervision.

Amended by Act 2023, No. 659,§ 101, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 776, eff. 7/1/2019.

Acts 1969, No. 377, § 9; 1981, No. 107, § 2; A.S.A. 1947, § 46-916; Acts 2009, No. 788, § 3.
Ark. Code Ann. § 12-12-1503 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1503
Definitions
Status: in_force

As used in this subchapter: (1) "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders, including criminal identification activities and the collection, maintenance, and dissemination of criminal justice information; (2) (A) "Arrest records" or "arrest information" means felony arrest information in which conviction or disposition information has not been entered into the central repository. (B) "Arrest records" or "arrest information" does not include: (i) Misdemeanor arrest information; (ii) Felony arrest information that has a disposition of acquittal, dismissal, or nolle prosequi entered into the central repository; or (iii) Felony arrest information if more than five (5) years have elapsed from the date of the felony arrest; (3) "Bureau" means the Identification Bureau of the Division of Arkansas State Police, which may maintain fingerprint card files and other identification information on individuals; (4) "Central repository" means the Arkansas Crime Information Center, which collects, maintains, and disseminates criminal history information; (5) (A) "Conviction information" means criminal history information disclosing that a person has pleaded guilty or nolo contendere to or was found guilty of a criminal offense in a court of law, together with sentencing information. (B) "Conviction information" does not include a sealed or expunged record; (6) (A) "Criminal history information" means a record compiled by the central repository or the bureau on an individual consisting of names, identification data, notations of arrests, detentions, indictments, informations, or other formal criminal charges obtained from criminal justice agencies, including any dispositions of the charges, as well as notations on correctional supervision and release. (B) "Criminal history information" does not include the following: (i) Fingerprint records on individuals not involved in the criminal justice system, juvenile records, or driver history records; (ii) Original records of entry maintained by criminal justice agencies, court indices, records of public judicial proceedings, court decisions, opinions, and information disclosed during public judicial proceedings; and (iii) Records when the release is made by the specific court, law enforcement agency, or prosecutor that created the records. (C) This subdivision (6) does not prohibit the release of information by the specific agency that created the record; (7) "Criminal justice agency" means a government agency or any subunit thereof that is authorized by law to perform the administration of criminal justice and that allocates more than one-half (1/2) of its annual budget to the administration of criminal justice; (8) (A) "Disposition" means information describing the outcome of any criminal charges, including notations that law enforcement officials have elected not to refer the matter to a prosecutor, that a prosecutor has elected not to begin criminal proceedings, or that proceedings have been indefinitely postponed. (B) "Disposition" includes acquittals, dismissals, probations, charges pending due to mental disease or defect, guilty pleas, nolle prosequi, nolo contendere pleas, findings of guilt, youthful offender determinations, first offender programs, pardons, commuted sentences, mistrials in which the defendant is discharged, executive clemencies, paroles, releases from correctional supervision, deaths, or a finding that the person must register as a sex offender; (9) (A) "Dissemination" means disclosing criminal history information or disclosing the absence of criminal history information to any requestor that has applied and been approved by the Division of Arkansas State Police to receive the criminal history information. (B) "Dissemination" does not mean: (i) The furnishing of information by a department to personnel of a participating agency when criminal justice agencies jointly participate in the maintenance of a single recordkeeping system as an alternative to maintaining separate records; and (ii) The furnishing of information by any criminal justice agency to another for the purpose of the administration of criminal justice; (10) (A) "Employer" means a person or an entity that employs the services of another person or for whom an employee works and receives payment of wages or salary. (B) "Employer" includes a person acting on an employer's behalf; (11) "Pending information" means felony criminal history information in some stage of active prosecution or processing; (12) "Requestor" means: (A) The employer, professional licensing board, institution of higher education, Arkansas Public Defender Commission, or any entity mandated or authorized by Arkansas law to perform criminal background checks through the division or any person who has obtained the written authorization of the subject of the record that has submitted an inquiry into an individual's criminal history information under this subchapter; or (B) A person who has submitted an inquiry into an individual's criminal history information under § 12-12-1506(d) ; and (13) "Seal" or "expunge" means that the record or records in question shall be sealed, sequestered, and treated as confidential as provided by law, including pardons issued by the Governor. Amended by Act 2021, No. 630,§ 3, eff. 7/28/2021. Amended by Act 2015, No. 1185,§ 2, eff. 1/1/2016. Acts 2003 (1st Ex. Sess.), No. 63, § 3; 2005, No. 1573, § 3; 2005, No. 2213, §§ 3, 4; 2007, No. 59, § 2; 2007, No. 571, § 2; 2007, No. 1586, § 2.

As used in this subchapter:

(1) "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders, including criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;

(2) (A) "Arrest records" or "arrest information" means felony arrest information in which conviction or disposition information has not been entered into the central repository. (B) "Arrest records" or "arrest information" does not include: (i) Misdemeanor arrest information; (ii) Felony arrest information that has a disposition of acquittal, dismissal, or nolle prosequi entered into the central repository; or (iii) Felony arrest information if more than five (5) years have elapsed from the date of the felony arrest;

(A) "Arrest records" or "arrest information" means felony arrest information in which conviction or disposition information has not been entered into the central repository.

(B) "Arrest records" or "arrest information" does not include: (i) Misdemeanor arrest information; (ii) Felony arrest information that has a disposition of acquittal, dismissal, or nolle prosequi entered into the central repository; or (iii) Felony arrest information if more than five (5) years have elapsed from the date of the felony arrest;

(i) Misdemeanor arrest information;

(ii) Felony arrest information that has a disposition of acquittal, dismissal, or nolle prosequi entered into the central repository; or

(iii) Felony arrest information if more than five (5) years have elapsed from the date of the felony arrest;

(3) "Bureau" means the Identification Bureau of the Division of Arkansas State Police, which may maintain fingerprint card files and other identification information on individuals;

(4) "Central repository" means the Arkansas Crime Information Center, which collects, maintains, and disseminates criminal history information;

(5) (A) "Conviction information" means criminal history information disclosing that a person has pleaded guilty or nolo contendere to or was found guilty of a criminal offense in a court of law, together with sentencing information. (B) "Conviction information" does not include a sealed or expunged record;

(A) "Conviction information" means criminal history information disclosing that a person has pleaded guilty or nolo contendere to or was found guilty of a criminal offense in a court of law, together with sentencing information.

(B) "Conviction information" does not include a sealed or expunged record;

(6) (A) "Criminal history information" means a record compiled by the central repository or the bureau on an individual consisting of names, identification data, notations of arrests, detentions, indictments, informations, or other formal criminal charges obtained from criminal justice agencies, including any dispositions of the charges, as well as notations on correctional supervision and release. (B) "Criminal history information" does not include the following: (i) Fingerprint records on individuals not involved in the criminal justice system, juvenile records, or driver history records; (ii) Original records of entry maintained by criminal justice agencies, court indices, records of public judicial proceedings, court decisions, opinions, and information disclosed during public judicial proceedings; and (iii) Records when the release is made by the specific court, law enforcement agency, or prosecutor that created the records. (C) This subdivision (6) does not prohibit the release of information by the specific agency that created the record;

(A) "Criminal history information" means a record compiled by the central repository or the bureau on an individual consisting of names, identification data, notations of arrests, detentions, indictments, informations, or other formal criminal charges obtained from criminal justice agencies, including any dispositions of the charges, as well as notations on correctional supervision and release.

(B) "Criminal history information" does not include the following: (i) Fingerprint records on individuals not involved in the criminal justice system, juvenile records, or driver history records; (ii) Original records of entry maintained by criminal justice agencies, court indices, records of public judicial proceedings, court decisions, opinions, and information disclosed during public judicial proceedings; and (iii) Records when the release is made by the specific court, law enforcement agency, or prosecutor that created the records.

(i) Fingerprint records on individuals not involved in the criminal justice system, juvenile records, or driver history records;

(ii) Original records of entry maintained by criminal justice agencies, court indices, records of public judicial proceedings, court decisions, opinions, and information disclosed during public judicial proceedings; and

(iii) Records when the release is made by the specific court, law enforcement agency, or prosecutor that created the records.

(C) This subdivision (6) does not prohibit the release of information by the specific agency that created the record;

(7) "Criminal justice agency" means a government agency or any subunit thereof that is authorized by law to perform the administration of criminal justice and that allocates more than one-half (1/2) of its annual budget to the administration of criminal justice;

(8) (A) "Disposition" means information describing the outcome of any criminal charges, including notations that law enforcement officials have elected not to refer the matter to a prosecutor, that a prosecutor has elected not to begin criminal proceedings, or that proceedings have been indefinitely postponed. (B) "Disposition" includes acquittals, dismissals, probations, charges pending due to mental disease or defect, guilty pleas, nolle prosequi, nolo contendere pleas, findings of guilt, youthful offender determinations, first offender programs, pardons, commuted sentences, mistrials in which the defendant is discharged, executive clemencies, paroles, releases from correctional supervision, deaths, or a finding that the person must register as a sex offender;

(A) "Disposition" means information describing the outcome of any criminal charges, including notations that law enforcement officials have elected not to refer the matter to a prosecutor, that a prosecutor has elected not to begin criminal proceedings, or that proceedings have been indefinitely postponed.

(B) "Disposition" includes acquittals, dismissals, probations, charges pending due to mental disease or defect, guilty pleas, nolle prosequi, nolo contendere pleas, findings of guilt, youthful offender determinations, first offender programs, pardons, commuted sentences, mistrials in which the defendant is discharged, executive clemencies, paroles, releases from correctional supervision, deaths, or a finding that the person must register as a sex offender;

(9) (A) "Dissemination" means disclosing criminal history information or disclosing the absence of criminal history information to any requestor that has applied and been approved by the Division of Arkansas State Police to receive the criminal history information. (B) "Dissemination" does not mean: (i) The furnishing of information by a department to personnel of a participating agency when criminal justice agencies jointly participate in the maintenance of a single recordkeeping system as an alternative to maintaining separate records; and (ii) The furnishing of information by any criminal justice agency to another for the purpose of the administration of criminal justice;

(A) "Dissemination" means disclosing criminal history information or disclosing the absence of criminal history information to any requestor that has applied and been approved by the Division of Arkansas State Police to receive the criminal history information.

(B) "Dissemination" does not mean: (i) The furnishing of information by a department to personnel of a participating agency when criminal justice agencies jointly participate in the maintenance of a single recordkeeping system as an alternative to maintaining separate records; and (ii) The furnishing of information by any criminal justice agency to another for the purpose of the administration of criminal justice;

(i) The furnishing of information by a department to personnel of a participating agency when criminal justice agencies jointly participate in the maintenance of a single recordkeeping system as an alternative to maintaining separate records; and

(ii) The furnishing of information by any criminal justice agency to another for the purpose of the administration of criminal justice;

(10) (A) "Employer" means a person or an entity that employs the services of another person or for whom an employee works and receives payment of wages or salary. (B) "Employer" includes a person acting on an employer's behalf;

(A) "Employer" means a person or an entity that employs the services of another person or for whom an employee works and receives payment of wages or salary.

(B) "Employer" includes a person acting on an employer's behalf;

(11) "Pending information" means felony criminal history information in some stage of active prosecution or processing;

(12) "Requestor" means: (A) The employer, professional licensing board, institution of higher education, Arkansas Public Defender Commission, or any entity mandated or authorized by Arkansas law to perform criminal background checks through the division or any person who has obtained the written authorization of the subject of the record that has submitted an inquiry into an individual's criminal history information under this subchapter; or (B) A person who has submitted an inquiry into an individual's criminal history information under § 12-12-1506(d) ; and

(A) The employer, professional licensing board, institution of higher education, Arkansas Public Defender Commission, or any entity mandated or authorized by Arkansas law to perform criminal background checks through the division or any person who has obtained the written authorization of the subject of the record that has submitted an inquiry into an individual's criminal history information under this subchapter; or

(B) A person who has submitted an inquiry into an individual's criminal history information under § 12-12-1506(d) ; and

(13) "Seal" or "expunge" means that the record or records in question shall be sealed, sequestered, and treated as confidential as provided by law, including pardons issued by the Governor.

Amended by Act 2021, No. 630,§ 3, eff. 7/28/2021.

Amended by Act 2015, No. 1185,§ 2, eff. 1/1/2016.

Acts 2003 (1st Ex. Sess.), No. 63, § 3; 2005, No. 1573, § 3; 2005, No. 2213, §§ 3, 4; 2007, No. 59, § 2; 2007, No. 571, § 2; 2007, No. 1586, § 2.
Ark. Code Ann. § 12-8-212 — AR Code / Title 12 / Chapter 8 / Subchapter 2 / Section 12-8-212
Death benefits - Definition
Status: in_force

(a) (1) (A) When any police officer of the Department of Arkansas State Police shall have lost his or her life in the course of employment, then upon satisfactory proof of that fact made to the Arkansas State Police Commission, a death benefit in the sum of twenty-five thousand dollars ($25,000) shall be paid to the spouse of the deceased officer. (B) In case no spouse survives the officer, the death benefit shall be distributed equally among the officer's children. (2) The sum of twenty-five thousand dollars ($25,000) shall be paid from the Department of Arkansas State Police Fund. (b) As used in this section, "in the course of employment" means at any time when an officer is on duty as a police officer or is performing an act ordinarily performed by a police officer although the officer is not actually on duty at the time. (c) Nothing contained in this section shall be construed to limit or extinguish the right of any officer or the officer's survivors to any other benefits provided by law. Acts 1959, No. 91, §§ 1-3; A.S.A. 1947, §§ 42-427 -- 42-429; Acts 2001, No. 1697, § 18.

(a) (1) (A) When any police officer of the Department of Arkansas State Police shall have lost his or her life in the course of employment, then upon satisfactory proof of that fact made to the Arkansas State Police Commission, a death benefit in the sum of twenty-five thousand dollars ($25,000) shall be paid to the spouse of the deceased officer. (B) In case no spouse survives the officer, the death benefit shall be distributed equally among the officer's children. (2) The sum of twenty-five thousand dollars ($25,000) shall be paid from the Department of Arkansas State Police Fund.

(1) (A) When any police officer of the Department of Arkansas State Police shall have lost his or her life in the course of employment, then upon satisfactory proof of that fact made to the Arkansas State Police Commission, a death benefit in the sum of twenty-five thousand dollars ($25,000) shall be paid to the spouse of the deceased officer. (B) In case no spouse survives the officer, the death benefit shall be distributed equally among the officer's children.

(A) When any police officer of the Department of Arkansas State Police shall have lost his or her life in the course of employment, then upon satisfactory proof of that fact made to the Arkansas State Police Commission, a death benefit in the sum of twenty-five thousand dollars ($25,000) shall be paid to the spouse of the deceased officer.

(B) In case no spouse survives the officer, the death benefit shall be distributed equally among the officer's children.

(2) The sum of twenty-five thousand dollars ($25,000) shall be paid from the Department of Arkansas State Police Fund.

(b) As used in this section, "in the course of employment" means at any time when an officer is on duty as a police officer or is performing an act ordinarily performed by a police officer although the officer is not actually on duty at the time.

(c) Nothing contained in this section shall be construed to limit or extinguish the right of any officer or the officer's survivors to any other benefits provided by law.

Acts 1959, No. 91, §§ 1-3; A.S.A. 1947, §§ 42-427 -- 42-429; Acts 2001, No. 1697, § 18.
Ark. Code Ann. § 12-62-706 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-706
Reopening default judgments
Status: in_force

(a) A default judgment rendered in any civil action against a service member during a period of military service or within thirty (30) days after termination of the military service may be set aside if: (1) The person was prejudiced by reason of his or her military service in making a defense to the action; (2) Application by the person or his or her legal representative is made to the court rendering the judgment not later than sixty (60) days after the termination of the military service; and (3) The application provides enough facts that it appears that the person has a meritorious or legal defense to the action or some part of the action. (b) Vacating, setting aside, or reversing any judgment because of any of the provisions of this subchapter may not impair any right or title acquired by any bona fide purchaser for value under the judgment. Acts 2003, No. 1003, § 6.

(a) A default judgment rendered in any civil action against a service member during a period of military service or within thirty (30) days after termination of the military service may be set aside if: (1) The person was prejudiced by reason of his or her military service in making a defense to the action; (2) Application by the person or his or her legal representative is made to the court rendering the judgment not later than sixty (60) days after the termination of the military service; and (3) The application provides enough facts that it appears that the person has a meritorious or legal defense to the action or some part of the action.

(1) The person was prejudiced by reason of his or her military service in making a defense to the action;

(2) Application by the person or his or her legal representative is made to the court rendering the judgment not later than sixty (60) days after the termination of the military service; and

(3) The application provides enough facts that it appears that the person has a meritorious or legal defense to the action or some part of the action.

(b) Vacating, setting aside, or reversing any judgment because of any of the provisions of this subchapter may not impair any right or title acquired by any bona fide purchaser for value under the judgment.

Acts 2003, No. 1003, § 6.
Ark. Code Ann. § 12-28-603 — AR Code / Title 12 / Chapter 28 / Subchapter 6 / Section 12-28-603
Declaration of emergency
Status: in_force

(a) (1) Whenever the population of the prison system exceeds ninety-eight percent (98%) of the rated capacity for thirty (30) consecutive days, or whenever the number of inmates on the county jail backlog exceeds five hundred (500) inmates, the Board of Corrections may declare a prison overcrowding state of emergency. (2) In making any emergency request based on exceeding the ninety-eight-percent capacity, the board shall certify the rated capacity and current population of the prison system and shall further certify that all authorized actions consistent with applicable state laws and rules have been exhausted in an attempt to reduce the prison population to ninety-eight percent (98%) of the rated capacity. (3) In making any emergency request based on a county jail backlog exceeding five hundred (500) inmates, the board shall certify the list of persons on the county jail backlog and shall further certify that all authorized actions consistent with applicable state laws and rules have been exhausted in an attempt to reduce the county jail backlog to five hundred (500) inmates. (b) Provided all other requirements of this subchapter are met, the board is authorized to invoke this subchapter separately for those facilities housing either male or female inmate populations. Amended by Act 2019, No. 315,§ 890, eff. 7/24/2019. Acts 1987, No. 418, § 3; 1991, No. 684, § 1; 1995, No. 204, § 2; 1995, No. 293, § 2; 2003, No. 1721, § 2.

(a) (1) Whenever the population of the prison system exceeds ninety-eight percent (98%) of the rated capacity for thirty (30) consecutive days, or whenever the number of inmates on the county jail backlog exceeds five hundred (500) inmates, the Board of Corrections may declare a prison overcrowding state of emergency. (2) In making any emergency request based on exceeding the ninety-eight-percent capacity, the board shall certify the rated capacity and current population of the prison system and shall further certify that all authorized actions consistent with applicable state laws and rules have been exhausted in an attempt to reduce the prison population to ninety-eight percent (98%) of the rated capacity. (3) In making any emergency request based on a county jail backlog exceeding five hundred (500) inmates, the board shall certify the list of persons on the county jail backlog and shall further certify that all authorized actions consistent with applicable state laws and rules have been exhausted in an attempt to reduce the county jail backlog to five hundred (500) inmates.

(1) Whenever the population of the prison system exceeds ninety-eight percent (98%) of the rated capacity for thirty (30) consecutive days, or whenever the number of inmates on the county jail backlog exceeds five hundred (500) inmates, the Board of Corrections may declare a prison overcrowding state of emergency.

(2) In making any emergency request based on exceeding the ninety-eight-percent capacity, the board shall certify the rated capacity and current population of the prison system and shall further certify that all authorized actions consistent with applicable state laws and rules have been exhausted in an attempt to reduce the prison population to ninety-eight percent (98%) of the rated capacity.

(3) In making any emergency request based on a county jail backlog exceeding five hundred (500) inmates, the board shall certify the list of persons on the county jail backlog and shall further certify that all authorized actions consistent with applicable state laws and rules have been exhausted in an attempt to reduce the county jail backlog to five hundred (500) inmates.

(b) Provided all other requirements of this subchapter are met, the board is authorized to invoke this subchapter separately for those facilities housing either male or female inmate populations.

Amended by Act 2019, No. 315,§ 890, eff. 7/24/2019.

Acts 1987, No. 418, § 3; 1991, No. 684, § 1; 1995, No. 204, § 2; 1995, No. 293, § 2; 2003, No. 1721, § 2.
Ark. Code Ann. § 12-41-306 — AR Code / Title 12 / Chapter 41 / Subchapter 3 / Section 12-41-306
Commitment to house of correction
Status: in_force

(a) When any house of correction has been erected as provided for in § 12-41-302 , all persons who shall be convicted of petit larceny or any other crime cognizable before justices of the peace, and sentenced to imprisonment, shall be sentenced to confinement in the house of correction instead of the county jail. (b) All persons then confined in the county jail for the crime of petit larceny or for any other crime cognizable before justices of the peace shall be transferred by order of the county court to the house of correction. Acts 1868, No. 27, § 8, p. 84; C. & M. Dig., § 1961; Pope's Dig., § 2490; A.S.A. 1947, § 46-608.

(a) When any house of correction has been erected as provided for in § 12-41-302 , all persons who shall be convicted of petit larceny or any other crime cognizable before justices of the peace, and sentenced to imprisonment, shall be sentenced to confinement in the house of correction instead of the county jail.

(b) All persons then confined in the county jail for the crime of petit larceny or for any other crime cognizable before justices of the peace shall be transferred by order of the county court to the house of correction.

Acts 1868, No. 27, § 8, p. 84; C. & M. Dig., § 1961; Pope's Dig., § 2490; A.S.A. 1947, § 46-608.
Ark. Code Ann. § 12-78-103 — AR Code / Title 12 / Chapter 78 / Section 12-78-103
Definitions
Status: in_force

As used in this chapter: (1) "Arkansas Department of Emergency Management" or "local office of emergency management" shall refer to: (A) The state agency; and (B) Those jurisdictions authorized under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., for the performance of emergency and disaster mitigation, planning, response, or recovery at the state and local level, respectively; and (2) "Emergency warning and communications systems" shall refer to the emergency communications nets operated under the control, management, supervision, and license of the Arkansas Department of Emergency Management which may include local offices of emergency services, designated components of state or federal agencies, and duly accredited private sector organizations assigned to an emergency role under the provisions of the State of Arkansas Emergency Operations Plan. Acts 1991, No. 554, § 3.

As used in this chapter:

(1) "Arkansas Department of Emergency Management" or "local office of emergency management" shall refer to: (A) The state agency; and (B) Those jurisdictions authorized under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., for the performance of emergency and disaster mitigation, planning, response, or recovery at the state and local level, respectively; and

(A) The state agency; and

(B) Those jurisdictions authorized under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., for the performance of emergency and disaster mitigation, planning, response, or recovery at the state and local level, respectively; and

(2) "Emergency warning and communications systems" shall refer to the emergency communications nets operated under the control, management, supervision, and license of the Arkansas Department of Emergency Management which may include local offices of emergency services, designated components of state or federal agencies, and duly accredited private sector organizations assigned to an emergency role under the provisions of the State of Arkansas Emergency Operations Plan.

Acts 1991, No. 554, § 3.
Ark. Code Ann. § 12-64-524 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-524
Announcement of action
Status: in_force

(a) In all trials, whether before members or judge alone, the court-martial shall announce a finding for each charge and specification that is not dismissed or withdrawn by the prosecution to the parties as soon as the findings are determined. (b) In all trials the military judge shall announce a separate sentence as to confinement, fines or forfeitures, discharge or dismissal, and reprimand and reduction in rank for each charge and specification for which the accused was found guilty. Amended by Act 2023, No. 322,§ 6, eff. 8/1/2023. Amended by Act 2019, No. 211,§ 18, eff. 2/26/2019. Acts 1969, No. 50, § 99; A.S.A. 1947, § 11-654.

(a) In all trials, whether before members or judge alone, the court-martial shall announce a finding for each charge and specification that is not dismissed or withdrawn by the prosecution to the parties as soon as the findings are determined.

(b) In all trials the military judge shall announce a separate sentence as to confinement, fines or forfeitures, discharge or dismissal, and reprimand and reduction in rank for each charge and specification for which the accused was found guilty.

Amended by Act 2023, No. 322,§ 6, eff. 8/1/2023.

Amended by Act 2019, No. 211,§ 18, eff. 2/26/2019.

Acts 1969, No. 50, § 99; A.S.A. 1947, § 11-654.
Ark. Code Ann. § 12-10-330 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-330
Telephone cardiopulmonary resuscitation - Definition - Rules
Status: in_force

(a) As used in this section, "telephone cardiopulmonary resuscitation" means the delivery of compression or ventilation instructions to callers who are reporting suspected cases of out-of-hospital cardiac arrest. (b) The staff and supervisors of a public safety answering point or dispatch center shall be trained in telephone cardiopulmonary resuscitation if the public safety answering point or dispatch center offers pre-arrival instructions for emergency medical conditions. (c) The training required in subsection (b) of this section shall: (1) Use protocols and scripts based on evidence-based and nationally recognized guidelines for telephone cardiopulmonary resuscitation; and (2) Include without limitation: (A) Recognition protocols for out-of-hospital cardiac arrest; (B) Compression-only cardiopulmonary resuscitation instructions; and (C) Continuing education. (d) (1) A caller may decline to receive instruction on telephone cardiopulmonary resuscitation. (2) If a caller declines instruction under subdivision (d)(1) of this section, the staff and supervisors of a public safety answering point or dispatch center are not required to provide the instruction. (e) The Division of Law Enforcement Standards and Training may assess a fee on a private safety agency invited to attend training or receive instruction under this section to reimburse the division for costs associated with the training or instruction. Added by Act 2021, No. 505,§ 2, eff. 7/28/2021.

(a) As used in this section, "telephone cardiopulmonary resuscitation" means the delivery of compression or ventilation instructions to callers who are reporting suspected cases of out-of-hospital cardiac arrest.

(b) The staff and supervisors of a public safety answering point or dispatch center shall be trained in telephone cardiopulmonary resuscitation if the public safety answering point or dispatch center offers pre-arrival instructions for emergency medical conditions.

(c) The training required in subsection (b) of this section shall: (1) Use protocols and scripts based on evidence-based and nationally recognized guidelines for telephone cardiopulmonary resuscitation; and (2) Include without limitation: (A) Recognition protocols for out-of-hospital cardiac arrest; (B) Compression-only cardiopulmonary resuscitation instructions; and (C) Continuing education.

(1) Use protocols and scripts based on evidence-based and nationally recognized guidelines for telephone cardiopulmonary resuscitation; and

(2) Include without limitation: (A) Recognition protocols for out-of-hospital cardiac arrest; (B) Compression-only cardiopulmonary resuscitation instructions; and (C) Continuing education.

(A) Recognition protocols for out-of-hospital cardiac arrest;

(B) Compression-only cardiopulmonary resuscitation instructions; and

(C) Continuing education.

(d) (1) A caller may decline to receive instruction on telephone cardiopulmonary resuscitation. (2) If a caller declines instruction under subdivision (d)(1) of this section, the staff and supervisors of a public safety answering point or dispatch center are not required to provide the instruction.

(1) A caller may decline to receive instruction on telephone cardiopulmonary resuscitation.

(2) If a caller declines instruction under subdivision (d)(1) of this section, the staff and supervisors of a public safety answering point or dispatch center are not required to provide the instruction.

(e) The Division of Law Enforcement Standards and Training may assess a fee on a private safety agency invited to attend training or receive instruction under this section to reimburse the division for costs associated with the training or instruction.

Added by Act 2021, No. 505,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 12-14-104 — AR Code / Title 12 / Chapter 14 / Section 12-14-104
Territory - Cumulative remedies
Status: in_force

(a) (1) This chapter shall apply to and encompass all lands, buildings, and improvements that are commonly referred to as the State Capitol grounds and additional areas set out in this section and that are bounded as follows: Beginning at the point where the centerline of Tenth Street intersects the eastern edge of the right-of-way of the Missouri Pacific and Rock Island Railroad Line, then northeast along the southern boundary of that right-of-way to the point where the centerline of Cross Street, extended northeast, intersects that right-of-way, then south along the centerline of Cross Street to the point where that line intersects the northern edge of the Wilbur Mills Freeway, also known as I-630, surveyed by the Arkansas Department of Transportation, to the point of the beginning. (2) However, nothing in this chapter shall be interpreted as in any way interfering with the ownership and control that are by law now vested in the governing boards of each department as to its lands, buildings, and improvements. (b) The provisions of this chapter shall be cumulative to any remedies that each department may now possess for enforcing its rules, including its rights to: (1) Impose sanctions through fees and charges; (2) Discipline; (3) Deny service; and (4) Expel. Amended by Act 2019, No. 315,§ 876, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 19, eff. 8/1/2017. Acts 1989, No. 468, § 1; 2001, No. 1082, § 1.

(a) (1) This chapter shall apply to and encompass all lands, buildings, and improvements that are commonly referred to as the State Capitol grounds and additional areas set out in this section and that are bounded as follows: Beginning at the point where the centerline of Tenth Street intersects the eastern edge of the right-of-way of the Missouri Pacific and Rock Island Railroad Line, then northeast along the southern boundary of that right-of-way to the point where the centerline of Cross Street, extended northeast, intersects that right-of-way, then south along the centerline of Cross Street to the point where that line intersects the northern edge of the Wilbur Mills Freeway, also known as I-630, surveyed by the Arkansas Department of Transportation, to the point of the beginning. (2) However, nothing in this chapter shall be interpreted as in any way interfering with the ownership and control that are by law now vested in the governing boards of each department as to its lands, buildings, and improvements.

(1) This chapter shall apply to and encompass all lands, buildings, and improvements that are commonly referred to as the State Capitol grounds and additional areas set out in this section and that are bounded as follows: Beginning at the point where the centerline of Tenth Street intersects the eastern edge of the right-of-way of the Missouri Pacific and Rock Island Railroad Line, then northeast along the southern boundary of that right-of-way to the point where the centerline of Cross Street, extended northeast, intersects that right-of-way, then south along the centerline of Cross Street to the point where that line intersects the northern edge of the Wilbur Mills Freeway, also known as I-630, surveyed by the Arkansas Department of Transportation, to the point of the beginning.

(2) However, nothing in this chapter shall be interpreted as in any way interfering with the ownership and control that are by law now vested in the governing boards of each department as to its lands, buildings, and improvements.

(b) The provisions of this chapter shall be cumulative to any remedies that each department may now possess for enforcing its rules, including its rights to: (1) Impose sanctions through fees and charges; (2) Discipline; (3) Deny service; and (4) Expel.

(1) Impose sanctions through fees and charges;

(2) Discipline;

(3) Deny service; and

(4) Expel.

Amended by Act 2019, No. 315,§ 876, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 19, eff. 8/1/2017.

Acts 1989, No. 468, § 1; 2001, No. 1082, § 1.
Ark. Code Ann. § 12-27-121 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-121
Transfer of inmates to foreign countries
Status: in_force

The Governor is empowered to authorize the Department of Correction to participate, with the assistance of federal authorities, in any treaty between the United States and a foreign country for the transfer of inmates from the custody of the department to the proper authorities of a foreign country. Acts 1987, No. 775, § 1.

The Governor is empowered to authorize the Department of Correction to participate, with the assistance of federal authorities, in any treaty between the United States and a foreign country for the transfer of inmates from the custody of the department to the proper authorities of a foreign country.

Acts 1987, No. 775, § 1.
Ark. Code Ann. § 12-61-113 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-113
Scope of duties - Service outside the state
Status: in_force

(a) The Governor may order the National Guard or any portion thereof to perform military duty of every description within the state. He or she may authorize participation in small arms and gunnery competitions by any part of the National Guard anywhere outside the state or outside the United States. (b) Officers and enlisted personnel of the National Guard shall be subject to and governed by the provisions of this act while without this state under the order or authorization of the Governor under this section in like manner and to the same extent as when on duty within this state under orders of the Governor. Acts 1969, No. 50, §§ 15, 16; A.S.A. 1947, §§ 11-115, 11-116.

(a) The Governor may order the National Guard or any portion thereof to perform military duty of every description within the state. He or she may authorize participation in small arms and gunnery competitions by any part of the National Guard anywhere outside the state or outside the United States.

(b) Officers and enlisted personnel of the National Guard shall be subject to and governed by the provisions of this act while without this state under the order or authorization of the Governor under this section in like manner and to the same extent as when on duty within this state under orders of the Governor.

Acts 1969, No. 50, §§ 15, 16; A.S.A. 1947, §§ 11-115, 11-116.
Ark. Code Ann. § 12-6-702 — AR Code / Title 12 / Chapter 6 / Subchapter 7 / Section 12-6-702
Critical incident debriefing - Definition
Status: in_force

(a) As used in this section, "critical incident" means an event that has a stressful impact sufficient to overwhelm a person's usually effective coping skills, including an event that falls outside the range of ordinary human experience. (b) A law enforcement agency shall adopt a policy that: (1) May require a law enforcement officer who has been involved in a critical incident to participate in a debriefing by a mental health professional or a certified peer support member as defined under § 16-40-106 ; and (2) Shall require the law enforcement agency to assist a law enforcement officer who has been involved in a critical incident in obtaining additional services that may assist the law enforcement officer in recovering from psychological effects resulting from the critical incident. Added by Act 2021, No. 747,§ 1, eff. 7/28/2021.

(a) As used in this section, "critical incident" means an event that has a stressful impact sufficient to overwhelm a person's usually effective coping skills, including an event that falls outside the range of ordinary human experience.

(b) A law enforcement agency shall adopt a policy that: (1) May require a law enforcement officer who has been involved in a critical incident to participate in a debriefing by a mental health professional or a certified peer support member as defined under § 16-40-106 ; and (2) Shall require the law enforcement agency to assist a law enforcement officer who has been involved in a critical incident in obtaining additional services that may assist the law enforcement officer in recovering from psychological effects resulting from the critical incident.

(1) May require a law enforcement officer who has been involved in a critical incident to participate in a debriefing by a mental health professional or a certified peer support member as defined under § 16-40-106 ; and

(2) Shall require the law enforcement agency to assist a law enforcement officer who has been involved in a critical incident in obtaining additional services that may assist the law enforcement officer in recovering from psychological effects resulting from the critical incident.

Added by Act 2021, No. 747,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 12-62-409 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-409
Free passage over toll bridges and ferries
Status: in_force

Any person belonging to the organized militia shall, together with the conveyance in his or her charge and property of the state in his or her charge, be allowed to pass free through all tollgates and over all ferries if he or she is in uniform or presents an order for duty or certificate of an order for duty. Acts 1969, No. 50, § 194; A.S.A. 1947, § 11-1005.

Any person belonging to the organized militia shall, together with the conveyance in his or her charge and property of the state in his or her charge, be allowed to pass free through all tollgates and over all ferries if he or she is in uniform or presents an order for duty or certificate of an order for duty.

Acts 1969, No. 50, § 194; A.S.A. 1947, § 11-1005.
Ark. Code Ann. § 12-30-501 — AR Code / Title 12 / Chapter 30 / Subchapter 5 / Section 12-30-501
Private sector prison industry enhancement programs
Status: in_force

(a) The Board of Corrections may contract with any private individual, corporation, partnership, or association whereby inmates would assemble, process, fabricate, or repair parts or components for goods or products being manufactured or produced by the private individual or entity. (b) All contracts executed under this section must comply with federal law and must not result in any significant displacement of employed workers in the private sector. Acts 1995, No. 106, § 1.

(a) The Board of Corrections may contract with any private individual, corporation, partnership, or association whereby inmates would assemble, process, fabricate, or repair parts or components for goods or products being manufactured or produced by the private individual or entity.

(b) All contracts executed under this section must comply with federal law and must not result in any significant displacement of employed workers in the private sector.

Acts 1995, No. 106, § 1.
Ark. Code Ann. § 12-30-104 — AR Code / Title 12 / Chapter 30 / Subchapter 1 / Section 12-30-104
Sale of workcraft items
Status: in_force

(a) (1) The sale of items produced in the Division of Correction or the Division of Correction workcraft programs may be through one (1) or more retail outlets operated by the Division of Correction or the Division of Community Correction. (2) The public availability of these items for sale will be made known through advertising or other public marketing communications, or both. (b) (1) Prices of workcraft items shall be sufficient to cover production cost. (2) A percentage of sale proceeds, as determined by rule, will accrue to the individual product-creating inmate's account and the remainder to a workcraft program revolving fund. Amended by Act 2019, No. 315,§ 906, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 815, eff. 7/1/2019. Acts 1975, No. 702, § 2; 1981, No. 118, § 1; A.S.A. 1947, § 46-249; Acts 1995, No. 205, § 2; 1995, No. 292, § 2.

(a) (1) The sale of items produced in the Division of Correction or the Division of Correction workcraft programs may be through one (1) or more retail outlets operated by the Division of Correction or the Division of Community Correction. (2) The public availability of these items for sale will be made known through advertising or other public marketing communications, or both.

(1) The sale of items produced in the Division of Correction or the Division of Correction workcraft programs may be through one (1) or more retail outlets operated by the Division of Correction or the Division of Community Correction.

(2) The public availability of these items for sale will be made known through advertising or other public marketing communications, or both.

(b) (1) Prices of workcraft items shall be sufficient to cover production cost. (2) A percentage of sale proceeds, as determined by rule, will accrue to the individual product-creating inmate's account and the remainder to a workcraft program revolving fund.

(1) Prices of workcraft items shall be sufficient to cover production cost.

(2) A percentage of sale proceeds, as determined by rule, will accrue to the individual product-creating inmate's account and the remainder to a workcraft program revolving fund.

Amended by Act 2019, No. 315,§ 906, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 815, eff. 7/1/2019.

Acts 1975, No. 702, § 2; 1981, No. 118, § 1; A.S.A. 1947, § 46-249; Acts 1995, No. 205, § 2; 1995, No. 292, § 2.
Ark. Code Ann. § 12-29-505 — AR Code / Title 12 / Chapter 29 / Subchapter 5 / Section 12-29-505
Duty to furnish information
Status: in_force

It shall be the duty of the sentencing judge, the county sheriff of the county, the Director of the Department of Correction or the Director of the Department of Community Correction, and the warden or administrative head of the penal facility or residential facility in which the person or prisoner is confined to furnish on inquiry to the Attorney General or prosecuting attorney all information and assistance possible to enable the Attorney General or prosecuting attorney to secure reimbursement for the cost of care of the person or prisoner by the State of Arkansas. Amended by Act 2013, No. 289,§ 4, eff. 8/16/2013. Acts 1981, No. 715, § 5; A.S.A. 1947, § 46-1705.

It shall be the duty of the sentencing judge, the county sheriff of the county, the Director of the Department of Correction or the Director of the Department of Community Correction, and the warden or administrative head of the penal facility or residential facility in which the person or prisoner is confined to furnish on inquiry to the Attorney General or prosecuting attorney all information and assistance possible to enable the Attorney General or prosecuting attorney to secure reimbursement for the cost of care of the person or prisoner by the State of Arkansas.

Amended by Act 2013, No. 289,§ 4, eff. 8/16/2013.

Acts 1981, No. 715, § 5; A.S.A. 1947, § 46-1705.
Ark. Code Ann. § 12-62-411 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-411
Recordation of certificate of discharge
Status: in_force

(a) Any resident of the State of Arkansas who was in or called to military or naval service in the Army, Navy, Marine Corps, Coast Guard, Merchant Marine Corps, Women's Army Auxiliary Corps, Women's Auxiliary Volunteer for Emergency Service, Nurses, and all other branches of the armed forces of the United States during World War II, and has been discharged from such service, may present his or her certificate of discharge to the recorder of the county of his or her residence or from which he or she was called to service, and have the same recorded. (b) It shall be the duty of the recorder in such county to record without charges and to index the discharge in a record book to be kept by him or her for that purpose. Acts 1943, No. 147, §§ 1, 2; A.S.A. 1947, §§ 11-1705, 11-1706.

(a) Any resident of the State of Arkansas who was in or called to military or naval service in the Army, Navy, Marine Corps, Coast Guard, Merchant Marine Corps, Women's Army Auxiliary Corps, Women's Auxiliary Volunteer for Emergency Service, Nurses, and all other branches of the armed forces of the United States during World War II, and has been discharged from such service, may present his or her certificate of discharge to the recorder of the county of his or her residence or from which he or she was called to service, and have the same recorded.

(b) It shall be the duty of the recorder in such county to record without charges and to index the discharge in a record book to be kept by him or her for that purpose.

Acts 1943, No. 147, §§ 1, 2; A.S.A. 1947, §§ 11-1705, 11-1706.
Ark. Code Ann. § 12-10-304 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-304
Public safety answering points
Status: in_force

(a) (1) The chief executive of a political subdivision may: (A) Designate the public safety answering point of another political subdivision to serve his or her political subdivision as a public safety answering point only; or (B) Retain a dispatch center to serve both public safety answering point and dispatch functions. (2) A designation under subdivision (a)(1) of this section shall be in the form of a written mutual aid agreement between the political subdivisions, with approval from the Arkansas 911 Board, and shall include that a fair share of funding shall be contributed by the political subdivision being served to the political subdivision operating the public safety answering point. (3) Moneys necessary for the fair share of funding may be generated: (A) As authorized in this subchapter; (B) By funds received by or allocated by the Arkansas 911 Board; and (C) By any other funds available to the political subdivision unless the use of the funds for 911 services is prohibited by law. (4) If a designation under subdivision (a)(1) of this section and a mutual aid agreement are made, an additional public safety answering point shall not be created without termination of the mutual aid agreement. (b) A public safety answering point established under this subchapter may serve the jurisdiction of more than one (1) public agency of the political subdivision or, through mutual aid agreements, more than one (1) political subdivision. (c) This subchapter does not prohibit or discourage in any manner the formation of multiagency or multijurisdictional public safety answering points. (d) The chief executive of a political subdivision may contract with a private entity to operate a public safety answering point under rules established by the Arkansas 911 Board. Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, §§ 4, 7; A.S.A. 1947, §§ 73-1825, 73-1828.

(a) (1) The chief executive of a political subdivision may: (A) Designate the public safety answering point of another political subdivision to serve his or her political subdivision as a public safety answering point only; or (B) Retain a dispatch center to serve both public safety answering point and dispatch functions. (2) A designation under subdivision (a)(1) of this section shall be in the form of a written mutual aid agreement between the political subdivisions, with approval from the Arkansas 911 Board, and shall include that a fair share of funding shall be contributed by the political subdivision being served to the political subdivision operating the public safety answering point. (3) Moneys necessary for the fair share of funding may be generated: (A) As authorized in this subchapter; (B) By funds received by or allocated by the Arkansas 911 Board; and (C) By any other funds available to the political subdivision unless the use of the funds for 911 services is prohibited by law. (4) If a designation under subdivision (a)(1) of this section and a mutual aid agreement are made, an additional public safety answering point shall not be created without termination of the mutual aid agreement.

(1) The chief executive of a political subdivision may: (A) Designate the public safety answering point of another political subdivision to serve his or her political subdivision as a public safety answering point only; or (B) Retain a dispatch center to serve both public safety answering point and dispatch functions.

(A) Designate the public safety answering point of another political subdivision to serve his or her political subdivision as a public safety answering point only; or

(B) Retain a dispatch center to serve both public safety answering point and dispatch functions.

(2) A designation under subdivision (a)(1) of this section shall be in the form of a written mutual aid agreement between the political subdivisions, with approval from the Arkansas 911 Board, and shall include that a fair share of funding shall be contributed by the political subdivision being served to the political subdivision operating the public safety answering point.

(3) Moneys necessary for the fair share of funding may be generated: (A) As authorized in this subchapter; (B) By funds received by or allocated by the Arkansas 911 Board; and (C) By any other funds available to the political subdivision unless the use of the funds for 911 services is prohibited by law.

(A) As authorized in this subchapter;

(B) By funds received by or allocated by the Arkansas 911 Board; and

(C) By any other funds available to the political subdivision unless the use of the funds for 911 services is prohibited by law.

(4) If a designation under subdivision (a)(1) of this section and a mutual aid agreement are made, an additional public safety answering point shall not be created without termination of the mutual aid agreement.

(b) A public safety answering point established under this subchapter may serve the jurisdiction of more than one (1) public agency of the political subdivision or, through mutual aid agreements, more than one (1) political subdivision.

(c) This subchapter does not prohibit or discourage in any manner the formation of multiagency or multijurisdictional public safety answering points.

(d) The chief executive of a political subdivision may contract with a private entity to operate a public safety answering point under rules established by the Arkansas 911 Board.

Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019.

Acts 1985, No. 683, §§ 4, 7; A.S.A. 1947, §§ 73-1825, 73-1828.
Ark. Code Ann. § 12-8-502 — AR Code / Title 12 / Chapter 8 / Subchapter 5 / Section 12-8-502
Transfer of powers and duties - Sections of unit - Sharing of information
Status: in_force

(a) When the powers and duties of the Department of Human Services in regard to the Child Abuse Hotline and child abuse investigations are transferred to the Department of Arkansas State Police or when the Department of Human Services and the Department of Arkansas State Police contract for the administration of the Child Abuse Hotline or for the Department of Arkansas State Police to conduct child abuse investigations, or both, the Department of Arkansas State Police shall establish a Crimes Against Children Division. (b) The division shall consist of two (2) sections: (1) (A) The Investigation Section, which shall be staffed with civilian personnel and shall be responsible for the investigation of allegations of child abuse in accordance with the Child Maltreatment Act, § 12-18-101 et seq. (B) Unless the case involves alleged severe maltreatment, if at any point during the investigation of alleged child maltreatment the information gathered becomes sufficient for a possible criminal prosecution, then the case shall be referred for further investigation to the appropriate law enforcement agency. (C) The Investigation Section shall complete an investigation of all cases assigned to the Investigation Section and refer the case to a local law enforcement agency or a prosecuting attorney for possible criminal prosecution; and (2) The Child Abuse Hotline Section, which shall administer twenty-four-hour toll-free inward wide-area telephone services (INWATS) to report to the Department of Arkansas State Police information regarding possible incidents of child abuse. (c) (1) The division shall develop and maintain statewide statistics regarding the incidence of child abuse. (2) Each county and city law enforcement agency conducting child abuse investigations through referral from the Child Abuse Hotline shall report the status and disposition of these investigations to the division on a monthly basis. (d) (1) If the powers and duties of the Department of Human Services in regard to the Child Abuse Hotline and child abuse investigations are transferred to the Department of Arkansas State Police, the division and the Department of Human Services shall enter into a memorandum of understanding that shall include provisions that address the sharing of information reported to the Child Abuse Hotline with the Department of Human Services when such information is necessary for the division to provide appropriate service delivery to children and families. (2) If the Department of Human Services and the Department of Arkansas State Police contract for the administration of the Child Abuse Hotline or for the Department of Arkansas State Police to conduct child abuse investigations, or both, the contract shall include provisions that address the sharing of information reported to the Child Abuse Hotline with the Department of Human Services when such information is necessary for the division to provide appropriate service delivery to children and families. Acts 1997, No. 1240, § 2; 2001, No. 441, § 3; 2005, No. 1466, § 1; 2007, No. 703, § 7; 2009, No. 758, § 19.

(a) When the powers and duties of the Department of Human Services in regard to the Child Abuse Hotline and child abuse investigations are transferred to the Department of Arkansas State Police or when the Department of Human Services and the Department of Arkansas State Police contract for the administration of the Child Abuse Hotline or for the Department of Arkansas State Police to conduct child abuse investigations, or both, the Department of Arkansas State Police shall establish a Crimes Against Children Division.

(b) The division shall consist of two (2) sections: (1) (A) The Investigation Section, which shall be staffed with civilian personnel and shall be responsible for the investigation of allegations of child abuse in accordance with the Child Maltreatment Act, § 12-18-101 et seq. (B) Unless the case involves alleged severe maltreatment, if at any point during the investigation of alleged child maltreatment the information gathered becomes sufficient for a possible criminal prosecution, then the case shall be referred for further investigation to the appropriate law enforcement agency. (C) The Investigation Section shall complete an investigation of all cases assigned to the Investigation Section and refer the case to a local law enforcement agency or a prosecuting attorney for possible criminal prosecution; and (2) The Child Abuse Hotline Section, which shall administer twenty-four-hour toll-free inward wide-area telephone services (INWATS) to report to the Department of Arkansas State Police information regarding possible incidents of child abuse.

(1) (A) The Investigation Section, which shall be staffed with civilian personnel and shall be responsible for the investigation of allegations of child abuse in accordance with the Child Maltreatment Act, § 12-18-101 et seq. (B) Unless the case involves alleged severe maltreatment, if at any point during the investigation of alleged child maltreatment the information gathered becomes sufficient for a possible criminal prosecution, then the case shall be referred for further investigation to the appropriate law enforcement agency. (C) The Investigation Section shall complete an investigation of all cases assigned to the Investigation Section and refer the case to a local law enforcement agency or a prosecuting attorney for possible criminal prosecution; and

(A) The Investigation Section, which shall be staffed with civilian personnel and shall be responsible for the investigation of allegations of child abuse in accordance with the Child Maltreatment Act, § 12-18-101 et seq.

(B) Unless the case involves alleged severe maltreatment, if at any point during the investigation of alleged child maltreatment the information gathered becomes sufficient for a possible criminal prosecution, then the case shall be referred for further investigation to the appropriate law enforcement agency.

(C) The Investigation Section shall complete an investigation of all cases assigned to the Investigation Section and refer the case to a local law enforcement agency or a prosecuting attorney for possible criminal prosecution; and

(2) The Child Abuse Hotline Section, which shall administer twenty-four-hour toll-free inward wide-area telephone services (INWATS) to report to the Department of Arkansas State Police information regarding possible incidents of child abuse.

(c) (1) The division shall develop and maintain statewide statistics regarding the incidence of child abuse. (2) Each county and city law enforcement agency conducting child abuse investigations through referral from the Child Abuse Hotline shall report the status and disposition of these investigations to the division on a monthly basis.

(1) The division shall develop and maintain statewide statistics regarding the incidence of child abuse.

(2) Each county and city law enforcement agency conducting child abuse investigations through referral from the Child Abuse Hotline shall report the status and disposition of these investigations to the division on a monthly basis.

(d) (1) If the powers and duties of the Department of Human Services in regard to the Child Abuse Hotline and child abuse investigations are transferred to the Department of Arkansas State Police, the division and the Department of Human Services shall enter into a memorandum of understanding that shall include provisions that address the sharing of information reported to the Child Abuse Hotline with the Department of Human Services when such information is necessary for the division to provide appropriate service delivery to children and families. (2) If the Department of Human Services and the Department of Arkansas State Police contract for the administration of the Child Abuse Hotline or for the Department of Arkansas State Police to conduct child abuse investigations, or both, the contract shall include provisions that address the sharing of information reported to the Child Abuse Hotline with the Department of Human Services when such information is necessary for the division to provide appropriate service delivery to children and families.

(1) If the powers and duties of the Department of Human Services in regard to the Child Abuse Hotline and child abuse investigations are transferred to the Department of Arkansas State Police, the division and the Department of Human Services shall enter into a memorandum of understanding that shall include provisions that address the sharing of information reported to the Child Abuse Hotline with the Department of Human Services when such information is necessary for the division to provide appropriate service delivery to children and families.

(2) If the Department of Human Services and the Department of Arkansas State Police contract for the administration of the Child Abuse Hotline or for the Department of Arkansas State Police to conduct child abuse investigations, or both, the contract shall include provisions that address the sharing of information reported to the Child Abuse Hotline with the Department of Human Services when such information is necessary for the division to provide appropriate service delivery to children and families.

Acts 1997, No. 1240, § 2; 2001, No. 441, § 3; 2005, No. 1466, § 1; 2007, No. 703, § 7; 2009, No. 758, § 19.
Ark. Code Ann. § 12-12-213 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-213
Invasion of privacy prohibited
Status: in_force

Nothing in this subchapter shall be construed to give authority to any person, agency, corporation, or other legal entity to invade the privacy of any citizen as defined by the General Assembly or the courts other than to the extent provided in this subchapter. Acts 1971, No. 286, § 8; A.S.A. 1947, § 5-1108.

Nothing in this subchapter shall be construed to give authority to any person, agency, corporation, or other legal entity to invade the privacy of any citizen as defined by the General Assembly or the courts other than to the extent provided in this subchapter.

Acts 1971, No. 286, § 8; A.S.A. 1947, § 5-1108.
Ark. Code Ann. § 12-26-107 — AR Code / Title 12 / Chapter 26 / Section 12-26-107
Inspection of facility - Report
Status: in_force

(a) (1) Except as otherwise provided in this chapter, the Criminal Detention Facilities Review Coordinator shall visit and inspect each criminal detention facility and each juvenile detention facility, if any, in each criminal detention facility review committee district at least annually for the purpose of determining the conditions of confinement, the treatment of prisoners, and whether the criminal detention facilities and juvenile detention facilities comply with the minimum standards established pursuant to this chapter. (2) The method of inspection may only be altered in the event of an emergency declared under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., with approval of the Secretary of the Department of Public Safety. (3) The coordinator shall report in writing his or her findings that result from the visits to each criminal detention facility and each juvenile detention facility to the criminal detention facility review committee for the district. (b) (1) A written report of each inspection shall be issued by the criminal detention facility review committee within thirty (30) days following the inspection under subsection (a) of this section to the administrative judge for a judicial district within the geographic area of the criminal detention facility review committee district in which the criminal detention facility or juvenile detention facility is located and to the county judge or the governing body of the political subdivision whose criminal detention facility or juvenile detention facility is the subject of the written report. (2) The written report shall specify the ways in which the criminal detention facility or juvenile detention facility does and does not comply with the required minimum standards. Amended by Act 2023, No. 306,§ 5, eff. 7/1/2023. Amended by Act 2021, No. 685,§ 3, eff. 7/28/2021. Amended by Act 2017, No. 153,§ 6, eff. 1/1/2019. Amended by Act 2017, No. 250,§ 18, eff. 8/1/2017. Acts 1983, No. 741, § 8; A.S.A. 1947, § 46-1217; Acts 1989, No. 515, § 4.

(a) (1) Except as otherwise provided in this chapter, the Criminal Detention Facilities Review Coordinator shall visit and inspect each criminal detention facility and each juvenile detention facility, if any, in each criminal detention facility review committee district at least annually for the purpose of determining the conditions of confinement, the treatment of prisoners, and whether the criminal detention facilities and juvenile detention facilities comply with the minimum standards established pursuant to this chapter. (2) The method of inspection may only be altered in the event of an emergency declared under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., with approval of the Secretary of the Department of Public Safety. (3) The coordinator shall report in writing his or her findings that result from the visits to each criminal detention facility and each juvenile detention facility to the criminal detention facility review committee for the district.

(1) Except as otherwise provided in this chapter, the Criminal Detention Facilities Review Coordinator shall visit and inspect each criminal detention facility and each juvenile detention facility, if any, in each criminal detention facility review committee district at least annually for the purpose of determining the conditions of confinement, the treatment of prisoners, and whether the criminal detention facilities and juvenile detention facilities comply with the minimum standards established pursuant to this chapter.

(2) The method of inspection may only be altered in the event of an emergency declared under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., with approval of the Secretary of the Department of Public Safety.

(3) The coordinator shall report in writing his or her findings that result from the visits to each criminal detention facility and each juvenile detention facility to the criminal detention facility review committee for the district.

(b) (1) A written report of each inspection shall be issued by the criminal detention facility review committee within thirty (30) days following the inspection under subsection (a) of this section to the administrative judge for a judicial district within the geographic area of the criminal detention facility review committee district in which the criminal detention facility or juvenile detention facility is located and to the county judge or the governing body of the political subdivision whose criminal detention facility or juvenile detention facility is the subject of the written report. (2) The written report shall specify the ways in which the criminal detention facility or juvenile detention facility does and does not comply with the required minimum standards.

(1) A written report of each inspection shall be issued by the criminal detention facility review committee within thirty (30) days following the inspection under subsection (a) of this section to the administrative judge for a judicial district within the geographic area of the criminal detention facility review committee district in which the criminal detention facility or juvenile detention facility is located and to the county judge or the governing body of the political subdivision whose criminal detention facility or juvenile detention facility is the subject of the written report.

(2) The written report shall specify the ways in which the criminal detention facility or juvenile detention facility does and does not comply with the required minimum standards.

Amended by Act 2023, No. 306,§ 5, eff. 7/1/2023.

Amended by Act 2021, No. 685,§ 3, eff. 7/28/2021.

Amended by Act 2017, No. 153,§ 6, eff. 1/1/2019.

Amended by Act 2017, No. 250,§ 18, eff. 8/1/2017.

Acts 1983, No. 741, § 8; A.S.A. 1947, § 46-1217; Acts 1989, No. 515, § 4.
Ark. Code Ann. § 12-27-139 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-139
Notice to police when furloughed inmate will be in jurisdiction
Status: in_force

(a) The Board of Corrections may promulgate rules to allow inmates to participate in a meritorious furlough program which include a requirement that the county sheriff and the chief of police of the city or town, if applicable, shall be notified if an inmate will be present within their jurisdiction while on furlough. (b) The rules referred to in subsection (a) of this section shall not require the county sheriff or the chief of police of the city or town, if applicable, of the jurisdiction in which an inmate will be present on furlough to approve the granting of the furlough. (c) (1) All Arkansas-certified law enforcement officers are authorized to escort inmates on emergency furlough. (2) The board may promulgate rules necessary to implement subdivision (c)(1) of this section. Amended by Act 2019, No. 315,§ 889, eff. 7/24/2019. Acts 2001, No. 1371, § 1.

(a) The Board of Corrections may promulgate rules to allow inmates to participate in a meritorious furlough program which include a requirement that the county sheriff and the chief of police of the city or town, if applicable, shall be notified if an inmate will be present within their jurisdiction while on furlough.

(b) The rules referred to in subsection (a) of this section shall not require the county sheriff or the chief of police of the city or town, if applicable, of the jurisdiction in which an inmate will be present on furlough to approve the granting of the furlough.

(c) (1) All Arkansas-certified law enforcement officers are authorized to escort inmates on emergency furlough. (2) The board may promulgate rules necessary to implement subdivision (c)(1) of this section.

(1) All Arkansas-certified law enforcement officers are authorized to escort inmates on emergency furlough.

(2) The board may promulgate rules necessary to implement subdivision (c)(1) of this section.

Amended by Act 2019, No. 315,§ 889, eff. 7/24/2019.

Acts 2001, No. 1371, § 1.
Ark. Code Ann. § 12-62-203 — AR Code / Title 12 / Chapter 62 / Subchapter 2 / Section 12-62-203
Discharges
Status: in_force

An enlisted person discharged from service shall receive a discharge in writing in such form as may be prescribed by the Governor. Acts 1969, No. 50, § 37; 1985, No. 670, § 4; A.S.A. 1947, § 11-405.

An enlisted person discharged from service shall receive a discharge in writing in such form as may be prescribed by the Governor.

Acts 1969, No. 50, § 37; 1985, No. 670, § 4; A.S.A. 1947, § 11-405.
Ark. Code Ann. § 12-88-102 — AR Code / Title 12 / Chapter 88 / Section 12-88-102
Legislative findings
Status: in_force

The General Assembly finds that: (1) During times of storm, flood, fire, earthquake, hurricane, and other disasters or emergencies, many businesses bring resources and personnel from other states into Arkansas on a temporary basis to expedite the often enormous and overwhelming task of cleaning up, restoring, and repairing damaged buildings, equipment, and property and building replacement facilities in the state; (2) These disaster-response activities may require out-of-state businesses, including out-of-state affiliates of businesses based in the state, to bring in resources, property, and personnel that previously have had no connection to the state to perform activities in the state, including without limitation repairing, renovating, installing, and building facilities and rendering services and other business activities for which personnel may be located in the state for extended periods of time; (3) During the temporary period of time out-of-state businesses are operating in the state solely for the purpose of helping the state recover from a disaster or emergency, these out-of-state businesses and the individual employees of the out-of-state businesses should not be burdened by regulatory requirements and taxes that would normally apply to the activities that the out-of-state businesses and their employees are conducting in the state; (4) The state's nexus and residency thresholds are intended for businesses and individuals in the state as part of the conduct of regular business operations and those who intend to reside in the state, and these thresholds should not be directed at out-of-state businesses and individuals coming into the state on a temporary basis to provide help and assistance in response to a declared state disaster or emergency; and (5) To ensure that out-of-state businesses may focus on providing a quick response to the needs of the state and its citizens during a declared state disaster or emergency, it is appropriate for the General Assembly to determine that certain activities performed for a reasonable time before, during, and after a state disaster or emergency is declared to repair the often devastating damage to critical infrastructure in the state should not establish presence, residency, or doing business in the state or any other criteria for purposes of state and local taxes, licensing, and regulatory requirements. Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.

The General Assembly finds that:

(1) During times of storm, flood, fire, earthquake, hurricane, and other disasters or emergencies, many businesses bring resources and personnel from other states into Arkansas on a temporary basis to expedite the often enormous and overwhelming task of cleaning up, restoring, and repairing damaged buildings, equipment, and property and building replacement facilities in the state;

(2) These disaster-response activities may require out-of-state businesses, including out-of-state affiliates of businesses based in the state, to bring in resources, property, and personnel that previously have had no connection to the state to perform activities in the state, including without limitation repairing, renovating, installing, and building facilities and rendering services and other business activities for which personnel may be located in the state for extended periods of time;

(3) During the temporary period of time out-of-state businesses are operating in the state solely for the purpose of helping the state recover from a disaster or emergency, these out-of-state businesses and the individual employees of the out-of-state businesses should not be burdened by regulatory requirements and taxes that would normally apply to the activities that the out-of-state businesses and their employees are conducting in the state;

(4) The state's nexus and residency thresholds are intended for businesses and individuals in the state as part of the conduct of regular business operations and those who intend to reside in the state, and these thresholds should not be directed at out-of-state businesses and individuals coming into the state on a temporary basis to provide help and assistance in response to a declared state disaster or emergency; and

(5) To ensure that out-of-state businesses may focus on providing a quick response to the needs of the state and its citizens during a declared state disaster or emergency, it is appropriate for the General Assembly to determine that certain activities performed for a reasonable time before, during, and after a state disaster or emergency is declared to repair the often devastating damage to critical infrastructure in the state should not establish presence, residency, or doing business in the state or any other criteria for purposes of state and local taxes, licensing, and regulatory requirements.

Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Ark. Code Ann. § 12-29-309 — AR Code / Title 12 / Chapter 29 / Subchapter 3 / Section 12-29-309
[Repealed]
Status: repealed

Repealed by Act 2021, No. 497,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 6340, eff. 7/1/2019. Amended by Act 2015, No. 1198,§ 6, eff. 7/22/2015. Acts 1985, No. 288, § 2; A.S.A. 1947, § 46-1309; Acts 2005, No. 496, § 7.

Repealed by Act 2021, No. 497,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 6340, eff. 7/1/2019.

Amended by Act 2015, No. 1198,§ 6, eff. 7/22/2015.

Acts 1985, No. 288, § 2; A.S.A. 1947, § 46-1309; Acts 2005, No. 496, § 7.
Ark. Code Ann. § 12-8-114 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-114
Legal counsel and advisors
Status: in_force

(a) The Attorney General shall be the legal representative and advisor of the Arkansas State Police Commission, the Division of Arkansas State Police, and the Director of the Division of Arkansas State Police. (b) However, the director, with the approval of the Attorney General and Governor, may employ other counsel when in the Attorney General's and Governor's judgment it is necessary for the proper enforcement of the provisions of this chapter and the efficient operation of the division. (c) However, this chapter shall not be construed as relieving the prosecuting attorneys from any duties imposed upon them by law. Amended by Act 2019, No. 910,§ 5773, eff. 7/1/2019. Acts 1945, No. 231, § 16; A.S.A. 1947, § 42-416.

(a) The Attorney General shall be the legal representative and advisor of the Arkansas State Police Commission, the Division of Arkansas State Police, and the Director of the Division of Arkansas State Police.

(b) However, the director, with the approval of the Attorney General and Governor, may employ other counsel when in the Attorney General's and Governor's judgment it is necessary for the proper enforcement of the provisions of this chapter and the efficient operation of the division.

(c) However, this chapter shall not be construed as relieving the prosecuting attorneys from any duties imposed upon them by law.

Amended by Act 2019, No. 910,§ 5773, eff. 7/1/2019.

Acts 1945, No. 231, § 16; A.S.A. 1947, § 42-416.
Ark. Code Ann. § 12-18-1102 — AR Code / Title 12 / Chapter 18 / Subchapter 11 / Section 12-18-1102
Procedure if the investigation results in a true 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 true 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: (A) The nature and extent of the child's present and past injuries; (B) Medical information pertaining to the death; and (C) The name of the offender if due process has been satisfied or the offender has been arrested; (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,§ 5, 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 true 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: (A) The nature and extent of the child's present and past injuries; (B) Medical information pertaining to the death; and (C) The name of the offender if due process has been satisfied or the offender has been arrested;

(A) The nature and extent of the child's present and past injuries;

(B) Medical information pertaining to the death; and

(C) The name of the offender if due process has been satisfied or the offender has been arrested;

(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,§ 5, eff. 8/16/2013.

Acts 2009, No. 675, § 1.
Ark. Code Ann. § 12-41-401 — AR Code / Title 12 / Chapter 41 / Subchapter 4 / Section 12-41-401
Erection and maintenance
Status: in_force

(a) The city council shall have power to erect, establish, and maintain a city jail, which shall be in the keeping and under the control of the chief of police, under such rules and regulations as the city council may prescribe. (b) The city council shall provide one (1) or more watch houses or stations and shall also provide suitable rooms for holding the district court. (c) There shall be provided a separate apartment or ward for females in all city jails in cities of the first class. Acts 1875, No. 1, § 55, p. 1; 1895, No. 72, § 4, p. 94; C. & M. Dig., §§ 7708, 7736; Pope's Dig., §§ 9851, 9932; A.S.A. 1947, §§ 46-701, 46-706.

(a) The city council shall have power to erect, establish, and maintain a city jail, which shall be in the keeping and under the control of the chief of police, under such rules and regulations as the city council may prescribe.

(b) The city council shall provide one (1) or more watch houses or stations and shall also provide suitable rooms for holding the district court.

(c) There shall be provided a separate apartment or ward for females in all city jails in cities of the first class.

Acts 1875, No. 1, § 55, p. 1; 1895, No. 72, § 4, p. 94; C. & M. Dig., §§ 7708, 7736; Pope's Dig., §§ 9851, 9932; A.S.A. 1947, §§ 46-701, 46-706.
Ark. Code Ann. § 12-41-302 — AR Code / Title 12 / Chapter 41 / Subchapter 3 / Section 12-41-302
Construction of facility
Status: in_force

(a) When any farm or tract of land has been purchased by the county court as provided in § 12-41-301(a) , the county court shall cause to be let out to the lowest bidder the contract for building and erecting on the tract of land a house of correction. (b) The house of correction shall be so constructed as to secure, as nearly as may be, all persons sentenced to confinement therein and shall be composed of such material and of such form and dimensions as the court shall direct. (c) The house of correction shall possess such means of ventilation and other sanitary arrangements as will promote the health of the prisoners therein confined. Acts 1868, No. 27, §§ 4, 7, p. 84; C. & M. Dig., §§ 1956, 1957, 1960; Pope's Dig., §§ 2485, 2486, 2489; A.S.A. 1947, §§ 46-604, 46-607.

(a) When any farm or tract of land has been purchased by the county court as provided in § 12-41-301(a) , the county court shall cause to be let out to the lowest bidder the contract for building and erecting on the tract of land a house of correction.

(b) The house of correction shall be so constructed as to secure, as nearly as may be, all persons sentenced to confinement therein and shall be composed of such material and of such form and dimensions as the court shall direct.

(c) The house of correction shall possess such means of ventilation and other sanitary arrangements as will promote the health of the prisoners therein confined.

Acts 1868, No. 27, §§ 4, 7, p. 84; C. & M. Dig., §§ 1956, 1957, 1960; Pope's Dig., §§ 2485, 2486, 2489; A.S.A. 1947, §§ 46-604, 46-607.
Ark. Code Ann. § 12-75-137 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-137
Requirements for interacting with individuals who are Deaf, deaf, or hard of hearing
Status: in_force

(a) (1) During a disaster emergency under this chapter in which a requirement exists that citizens wear a face covering over nose and mouth, a person, who in the course of employment, rendering of professional services, or volunteering under subsection (b) of this section encounters and interacts with an individual who is Deaf, deaf, or hard of hearing, shall wear upon request a clear face covering, a partially clear face covering, a face shield, or briefly remove the face covering or face shield if no other means of reasonable accommodation are available. (2) As used in subdivision (a)(1) of this section, "reasonable accommodation" includes without limitation: (A) Text messaging; (B) Typed messages on available electronic devices; (C) Whiteboard use; (D) Handwritten notes; and (E) Any other medium acceptable to the individual who is Deaf, deaf, or hard of hearing. (b) A person is subject to subdivision (a)(1) of this section if the person is employed, renders professional services, or volunteers: (1) At a hospital; (2) At a healthcare center; (3) At a pharmacy; (4) For a law enforcement agency; (5) For an emergency medical service provider; (6) In a firefighting capacity; (7) At an institution of education or higher education; (8) In a speech-language-pathology or audiology capacity; or (9) In a sign-language-interpreting or sign-translating capacity. (c) A person who is subject to subdivision (a)(1) of this section shall allow a licensed sign language interpreter to accompany the individual who is Deaf, deaf, or hard of hearing. (d) A complaint under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., or a complaint with the appropriate licensing entity may be filed for a violation of this section. Added by Act 2021, No. 697,§ 1, eff. 7/28/2021.

(a) (1) During a disaster emergency under this chapter in which a requirement exists that citizens wear a face covering over nose and mouth, a person, who in the course of employment, rendering of professional services, or volunteering under subsection (b) of this section encounters and interacts with an individual who is Deaf, deaf, or hard of hearing, shall wear upon request a clear face covering, a partially clear face covering, a face shield, or briefly remove the face covering or face shield if no other means of reasonable accommodation are available. (2) As used in subdivision (a)(1) of this section, "reasonable accommodation" includes without limitation: (A) Text messaging; (B) Typed messages on available electronic devices; (C) Whiteboard use; (D) Handwritten notes; and (E) Any other medium acceptable to the individual who is Deaf, deaf, or hard of hearing.

(1) During a disaster emergency under this chapter in which a requirement exists that citizens wear a face covering over nose and mouth, a person, who in the course of employment, rendering of professional services, or volunteering under subsection (b) of this section encounters and interacts with an individual who is Deaf, deaf, or hard of hearing, shall wear upon request a clear face covering, a partially clear face covering, a face shield, or briefly remove the face covering or face shield if no other means of reasonable accommodation are available.

(2) As used in subdivision (a)(1) of this section, "reasonable accommodation" includes without limitation: (A) Text messaging; (B) Typed messages on available electronic devices; (C) Whiteboard use; (D) Handwritten notes; and (E) Any other medium acceptable to the individual who is Deaf, deaf, or hard of hearing.

(A) Text messaging;

(B) Typed messages on available electronic devices;

(C) Whiteboard use;

(D) Handwritten notes; and

(E) Any other medium acceptable to the individual who is Deaf, deaf, or hard of hearing.

(b) A person is subject to subdivision (a)(1) of this section if the person is employed, renders professional services, or volunteers: (1) At a hospital; (2) At a healthcare center; (3) At a pharmacy; (4) For a law enforcement agency; (5) For an emergency medical service provider; (6) In a firefighting capacity; (7) At an institution of education or higher education; (8) In a speech-language-pathology or audiology capacity; or (9) In a sign-language-interpreting or sign-translating capacity.

(1) At a hospital;

(2) At a healthcare center;

(3) At a pharmacy;

(4) For a law enforcement agency;

(5) For an emergency medical service provider;

(6) In a firefighting capacity;

(7) At an institution of education or higher education;

(8) In a speech-language-pathology or audiology capacity; or

(9) In a sign-language-interpreting or sign-translating capacity.

(c) A person who is subject to subdivision (a)(1) of this section shall allow a licensed sign language interpreter to accompany the individual who is Deaf, deaf, or hard of hearing.

(d) A complaint under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., or a complaint with the appropriate licensing entity may be filed for a violation of this section.

Added by Act 2021, No. 697,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 12-8-101 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-101
Division of Arkansas State Police created
Status: in_force

(a) There is created the Division of Arkansas State Police for the purposes of enforcing the motor vehicle laws, traffic laws, and other state laws relating to protecting and properly maintaining the state highway system of the State of Arkansas and to render more effective the apprehension of criminals and the enforcement of criminal law. (b) The police officers provided for in this chapter shall be known as "Arkansas State Police". Amended by Act 2019, No. 910,§ 5757, eff. 7/1/2019. Acts 1945, No. 231, § 1; A.S.A. 1947, § 42-401.

(a) There is created the Division of Arkansas State Police for the purposes of enforcing the motor vehicle laws, traffic laws, and other state laws relating to protecting and properly maintaining the state highway system of the State of Arkansas and to render more effective the apprehension of criminals and the enforcement of criminal law.

(b) The police officers provided for in this chapter shall be known as "Arkansas State Police".

Amended by Act 2019, No. 910,§ 5757, eff. 7/1/2019.

Acts 1945, No. 231, § 1; A.S.A. 1947, § 42-401.
Ark. Code Ann. § 12-18-209 — AR Code / Title 12 / Chapter 18 / Subchapter 2 / Section 12-18-209
Imposition of penalties
Status: in_force

The Department of Human Services and the Department of Arkansas State Police, or a prosecuting attorney, may file a petition in the appropriate court seeking imposition of penalties for violation of this chapter. Amended by Act 2015, No. 1004,§ 4, eff. 7/22/2015. Acts 2009, No. 749, § 1.

The Department of Human Services and the Department of Arkansas State Police, or a prosecuting attorney, may file a petition in the appropriate court seeking imposition of penalties for violation of this chapter.

Amended by Act 2015, No. 1004,§ 4, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-9-404 — AR Code / Title 12 / Chapter 9 / Subchapter 4 / Section 12-9-404
Failure to meet standards
Status: in_force

A police traffic radar operator who does not meet the standards and qualifications set forth in this subchapter or any made by the Arkansas Commission on Law Enforcement Standards and Training shall not take any official action as a police traffic radar operator and any action taken shall be held as invalid. Acts 1983, No. 672, § 3; A.S.A. 1947, § 42-1012.

A police traffic radar operator who does not meet the standards and qualifications set forth in this subchapter or any made by the Arkansas Commission on Law Enforcement Standards and Training shall not take any official action as a police traffic radar operator and any action taken shall be held as invalid.

Acts 1983, No. 672, § 3; A.S.A. 1947, § 42-1012.
Ark. Code Ann. § 12-41-106 — AR Code / Title 12 / Chapter 41 / Subchapter 1 / Section 12-41-106
Medicaid eligibility of an inmate in a local correctional facility
Status: in_force

(a) If an inmate in a local correctional facility receives medical services that meet criteria for Medicaid coverage, the local correctional facility may apply for Medicaid coverage under this section. (b) (1) The inmate may designate a representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility. (2) However, the local correctional facility having custody of the inmate shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if: (A) The inmate does not designate a representative within three (3) business days after request; or (B) The representative designated under subdivision (b)(1) of this section does not file a Medicaid application within three (3) business days after appointment and request. (c) An authorized representative under this section: (1) Shall have access to the information necessary to comply with Medicaid requirements; and (2) May provide and receive information in connection with establishing and maintaining Medicaid eligibility, including confidential information. (d) (1) The county sheriff or the keeper of the jail or his or her designee may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate. (2) Access under subdivision (d)(1) of this section shall be to: (A) Establish Medicaid eligibility; (B) Provide healthcare services; or (C) Pay for healthcare services. (e) To the extent feasible, the Department of Human Services shall allow an online application for Medicaid coverage and benefits to be submitted up to forty-five (45) days prior to the release of an inmate or offender who is in the custody of the Department of Correction or the Department of Community Correction and who was not previously qualified or previously qualified and subsequently suspended. Amended by Act 2015, No. 895,§ 13, eff. 9/1/2015. Added by Act 2013, No. 1117,§ 1, eff. 8/16/2013.

(a) If an inmate in a local correctional facility receives medical services that meet criteria for Medicaid coverage, the local correctional facility may apply for Medicaid coverage under this section.

(b) (1) The inmate may designate a representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility. (2) However, the local correctional facility having custody of the inmate shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if: (A) The inmate does not designate a representative within three (3) business days after request; or (B) The representative designated under subdivision (b)(1) of this section does not file a Medicaid application within three (3) business days after appointment and request.

(1) The inmate may designate a representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility.

(2) However, the local correctional facility having custody of the inmate shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if: (A) The inmate does not designate a representative within three (3) business days after request; or (B) The representative designated under subdivision (b)(1) of this section does not file a Medicaid application within three (3) business days after appointment and request.

(A) The inmate does not designate a representative within three (3) business days after request; or

(B) The representative designated under subdivision (b)(1) of this section does not file a Medicaid application within three (3) business days after appointment and request.

(c) An authorized representative under this section: (1) Shall have access to the information necessary to comply with Medicaid requirements; and (2) May provide and receive information in connection with establishing and maintaining Medicaid eligibility, including confidential information.

(1) Shall have access to the information necessary to comply with Medicaid requirements; and

(2) May provide and receive information in connection with establishing and maintaining Medicaid eligibility, including confidential information.

(d) (1) The county sheriff or the keeper of the jail or his or her designee may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate. (2) Access under subdivision (d)(1) of this section shall be to: (A) Establish Medicaid eligibility; (B) Provide healthcare services; or (C) Pay for healthcare services.

(1) The county sheriff or the keeper of the jail or his or her designee may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate.

(2) Access under subdivision (d)(1) of this section shall be to: (A) Establish Medicaid eligibility; (B) Provide healthcare services; or (C) Pay for healthcare services.

(A) Establish Medicaid eligibility;

(B) Provide healthcare services; or

(C) Pay for healthcare services.

(e) To the extent feasible, the Department of Human Services shall allow an online application for Medicaid coverage and benefits to be submitted up to forty-five (45) days prior to the release of an inmate or offender who is in the custody of the Department of Correction or the Department of Community Correction and who was not previously qualified or previously qualified and subsequently suspended.

Amended by Act 2015, No. 895,§ 13, eff. 9/1/2015.

Added by Act 2013, No. 1117,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 12-12-911 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-911
Sex and Child Offenders Registration Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Sex and Child Offenders Registration Fund". (b) (1) This fund shall consist of special revenues collected pursuant to § 12-12-910 , there to be used equally by the Arkansas Crime Information Center and the Division of Correction for the administration of this subchapter. (2) Any unexpended balance of this fund shall be carried forward and made available for the same purpose. Amended by Act 2019, No. 910,§ 715, eff. 7/1/2019. Acts 1997, No. 989, § 10; 1999, No. 1353, § 7; 2003 (2nd Ex. Sess.), No. 21, § 5.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Sex and Child Offenders Registration Fund".

(b) (1) This fund shall consist of special revenues collected pursuant to § 12-12-910 , there to be used equally by the Arkansas Crime Information Center and the Division of Correction for the administration of this subchapter. (2) Any unexpended balance of this fund shall be carried forward and made available for the same purpose.

(1) This fund shall consist of special revenues collected pursuant to § 12-12-910 , there to be used equally by the Arkansas Crime Information Center and the Division of Correction for the administration of this subchapter.

(2) Any unexpended balance of this fund shall be carried forward and made available for the same purpose.

Amended by Act 2019, No. 910,§ 715, eff. 7/1/2019.

Acts 1997, No. 989, § 10; 1999, No. 1353, § 7; 2003 (2nd Ex. Sess.), No. 21, § 5.
Ark. Code Ann. § 12-10-328 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-328
911 addressing authority - Data maintenance
Status: in_force

(a) A chief executive shall designate a 911 addressing authority that shall create and maintain street centerline and address point data in a geographic information system format. (b) The street centerline and address point data created under subsection (a) of this section shall: (1) Be compatible with the standard database requirements and best practices developed by the Arkansas Geographic Information Systems Office as part of the Arkansas Master Address Program; and (2) Be transmitted to the office by a method and with a frequency agreed upon by the office and the 911 addressing authority designated under subsection (a) of this section. Added by Act 2017, No. 663,§ 1, eff. 8/1/2017.

(a) A chief executive shall designate a 911 addressing authority that shall create and maintain street centerline and address point data in a geographic information system format.

(b) The street centerline and address point data created under subsection (a) of this section shall: (1) Be compatible with the standard database requirements and best practices developed by the Arkansas Geographic Information Systems Office as part of the Arkansas Master Address Program; and (2) Be transmitted to the office by a method and with a frequency agreed upon by the office and the 911 addressing authority designated under subsection (a) of this section.

(1) Be compatible with the standard database requirements and best practices developed by the Arkansas Geographic Information Systems Office as part of the Arkansas Master Address Program; and

(2) Be transmitted to the office by a method and with a frequency agreed upon by the office and the 911 addressing authority designated under subsection (a) of this section.

Added by Act 2017, No. 663,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 12-18-621 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-621
Right to obtain records during course of the investigation
Status: in_force

(a) Upon a request by a person conducting an investigation under this chapter, the keeper of the record shall provide the person conducting the investigation with the following: (1) Records showing the nature and extent of the child's present and past injuries; (2) Records showing previous injuries or child maltreatment of the child or his or her siblings; (3) School records, as described under § 12-18-610 ; (4) Personnel and volunteer records, as described under § 12-18-611 ; and (5) Results of radiological procedures, photographs, or medical records, as described under § 12-18-615 . (b) (1) If a person conducting an investigation under this chapter is denied records authorized to be released under subsection (a) of this section, the Department of Human Services and the Department of Arkansas State Police may petition the proper juvenile division of circuit court for an ex parte order of investigation to obtain the records. (2) However, upon application to the circuit court and a showing of good cause by the keeper of the record, the circuit court may issue a written order to stay the order to tender records pending a hearing to be held within seventy-two (72) hours. Added by Act 2015, No. 1026,§ 9, eff. 7/22/2015.

(a) Upon a request by a person conducting an investigation under this chapter, the keeper of the record shall provide the person conducting the investigation with the following: (1) Records showing the nature and extent of the child's present and past injuries; (2) Records showing previous injuries or child maltreatment of the child or his or her siblings; (3) School records, as described under § 12-18-610 ; (4) Personnel and volunteer records, as described under § 12-18-611 ; and (5) Results of radiological procedures, photographs, or medical records, as described under § 12-18-615 .

(1) Records showing the nature and extent of the child's present and past injuries;

(2) Records showing previous injuries or child maltreatment of the child or his or her siblings;

(3) School records, as described under § 12-18-610 ;

(4) Personnel and volunteer records, as described under § 12-18-611 ; and

(5) Results of radiological procedures, photographs, or medical records, as described under § 12-18-615 .

(b) (1) If a person conducting an investigation under this chapter is denied records authorized to be released under subsection (a) of this section, the Department of Human Services and the Department of Arkansas State Police may petition the proper juvenile division of circuit court for an ex parte order of investigation to obtain the records. (2) However, upon application to the circuit court and a showing of good cause by the keeper of the record, the circuit court may issue a written order to stay the order to tender records pending a hearing to be held within seventy-two (72) hours.

(1) If a person conducting an investigation under this chapter is denied records authorized to be released under subsection (a) of this section, the Department of Human Services and the Department of Arkansas State Police may petition the proper juvenile division of circuit court for an ex parte order of investigation to obtain the records.

(2) However, upon application to the circuit court and a showing of good cause by the keeper of the record, the circuit court may issue a written order to stay the order to tender records pending a hearing to be held within seventy-two (72) hours.

Added by Act 2015, No. 1026,§ 9, eff. 7/22/2015.
Ark. Code Ann. § 12-10-316 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-316
Public safety answering points - Access to information
Status: in_force

(a) A public safety answering point and dispatch center designated by the chief executive of the political subdivision may be considered an element in the communications network connecting state, county, and local authorities to a centralized state depository of information in order to serve the public safety and criminal justice community. (b) A public safety answering point and dispatch center is restricted in that it may access files in the centralized state depository of information only for the purpose of providing information to: (1) An end user as authorized by state law; and (2) An authorized recipient of the contents of those files, in the absence of serving as an information service agency. (c) The designation of the public safety answering point as an information provider to an authorized recipient and an agency of a political subdivision shall be made by the chief executive of each political subdivision. Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828; Acts 2005, No. 1962, § 32.

(a) A public safety answering point and dispatch center designated by the chief executive of the political subdivision may be considered an element in the communications network connecting state, county, and local authorities to a centralized state depository of information in order to serve the public safety and criminal justice community.

(b) A public safety answering point and dispatch center is restricted in that it may access files in the centralized state depository of information only for the purpose of providing information to: (1) An end user as authorized by state law; and (2) An authorized recipient of the contents of those files, in the absence of serving as an information service agency.

(1) An end user as authorized by state law; and

(2) An authorized recipient of the contents of those files, in the absence of serving as an information service agency.

(c) The designation of the public safety answering point as an information provider to an authorized recipient and an agency of a political subdivision shall be made by the chief executive of each political subdivision.

Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019.

Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828; Acts 2005, No. 1962, § 32.
Ark. Code Ann. § 12-27-116 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-116
Use of fuel and provisions - Issuance or sale of items produced
Status: in_force

(a) Except as authorized by the Board of Corrections, no officer of the Department of Correction or employee of the department shall give to anyone any fuel, forage, provisions, or manufactured articles under his or her charge, nor permit such things to be taken or used except for the use and benefit of the state. (b) (1) The department may provide a program to provide for the orderly and equitable issuance or sale of surplus items produced or processed by the farming operations of the department to employees and, if the department provides the program, the department shall implement a monitoring system to guarantee fiscal accountability in the program. (2) Only those individuals identified as emergency force personnel meeting the following requirements may participate in the issuance of items under this program: (A) Individuals whose duties require long working hours beyond the normal workday of approximately 8:00 a.m. to 5:00 p.m., and the normal workweek of five (5) days a week; (B) Individuals required for long working hours, regularly worked weekends, and holidays; or (C) Individuals on twenty-four-hour call, seven (7) days a week. (3) As determined by availability after meeting the needs of the inmate population, reasonable quantities of items produced or processed by the farming operations of the department or purchased in bulk for processing shall be made available under this section. (4) There shall be a twenty-five-dollar-per-month minimum allowance for commissary items. (5) (A) Fresh surplus vegetables will be available at the cost of production as determined by the Department of Correction's Farm Accounting Division and Central Office Accounting Division to all nonemergency force employees. (B) Vegetables will be for the use of the employee and domicile correction's family only. (C) Only one (1) member of the domicile family will be entitled to the issuance or purchase of vegetables. (6) The department will implement, maintain, and guarantee accountability of all items so issued to assure fiscal responsibility and total honesty in the program. Acts 1893, No. 76, § 54, p. 121; C. & M. Dig., § 9723; Pope's Dig., § 12754; Acts 1981, No. 139, § 1; A.S.A. 1947, § 46-129; Acts 1989 (1st Ex. Sess.), No. 118, § 33; 2009, No. 283, § 1; 2011, No. 182, § 1; 2011, No. 779, § 22.

(a) Except as authorized by the Board of Corrections, no officer of the Department of Correction or employee of the department shall give to anyone any fuel, forage, provisions, or manufactured articles under his or her charge, nor permit such things to be taken or used except for the use and benefit of the state.

(b) (1) The department may provide a program to provide for the orderly and equitable issuance or sale of surplus items produced or processed by the farming operations of the department to employees and, if the department provides the program, the department shall implement a monitoring system to guarantee fiscal accountability in the program. (2) Only those individuals identified as emergency force personnel meeting the following requirements may participate in the issuance of items under this program: (A) Individuals whose duties require long working hours beyond the normal workday of approximately 8:00 a.m. to 5:00 p.m., and the normal workweek of five (5) days a week; (B) Individuals required for long working hours, regularly worked weekends, and holidays; or (C) Individuals on twenty-four-hour call, seven (7) days a week. (3) As determined by availability after meeting the needs of the inmate population, reasonable quantities of items produced or processed by the farming operations of the department or purchased in bulk for processing shall be made available under this section. (4) There shall be a twenty-five-dollar-per-month minimum allowance for commissary items. (5) (A) Fresh surplus vegetables will be available at the cost of production as determined by the Department of Correction's Farm Accounting Division and Central Office Accounting Division to all nonemergency force employees. (B) Vegetables will be for the use of the employee and domicile correction's family only. (C) Only one (1) member of the domicile family will be entitled to the issuance or purchase of vegetables. (6) The department will implement, maintain, and guarantee accountability of all items so issued to assure fiscal responsibility and total honesty in the program.

(1) The department may provide a program to provide for the orderly and equitable issuance or sale of surplus items produced or processed by the farming operations of the department to employees and, if the department provides the program, the department shall implement a monitoring system to guarantee fiscal accountability in the program.

(2) Only those individuals identified as emergency force personnel meeting the following requirements may participate in the issuance of items under this program: (A) Individuals whose duties require long working hours beyond the normal workday of approximately 8:00 a.m. to 5:00 p.m., and the normal workweek of five (5) days a week; (B) Individuals required for long working hours, regularly worked weekends, and holidays; or (C) Individuals on twenty-four-hour call, seven (7) days a week.

(A) Individuals whose duties require long working hours beyond the normal workday of approximately 8:00 a.m. to 5:00 p.m., and the normal workweek of five (5) days a week;

(B) Individuals required for long working hours, regularly worked weekends, and holidays; or

(C) Individuals on twenty-four-hour call, seven (7) days a week.

(3) As determined by availability after meeting the needs of the inmate population, reasonable quantities of items produced or processed by the farming operations of the department or purchased in bulk for processing shall be made available under this section.

(4) There shall be a twenty-five-dollar-per-month minimum allowance for commissary items.

(5) (A) Fresh surplus vegetables will be available at the cost of production as determined by the Department of Correction's Farm Accounting Division and Central Office Accounting Division to all nonemergency force employees. (B) Vegetables will be for the use of the employee and domicile correction's family only. (C) Only one (1) member of the domicile family will be entitled to the issuance or purchase of vegetables.

(A) Fresh surplus vegetables will be available at the cost of production as determined by the Department of Correction's Farm Accounting Division and Central Office Accounting Division to all nonemergency force employees.

(B) Vegetables will be for the use of the employee and domicile correction's family only.

(C) Only one (1) member of the domicile family will be entitled to the issuance or purchase of vegetables.

(6) The department will implement, maintain, and guarantee accountability of all items so issued to assure fiscal responsibility and total honesty in the program.

Acts 1893, No. 76, § 54, p. 121; C. & M. Dig., § 9723; Pope's Dig., § 12754; Acts 1981, No. 139, § 1; A.S.A. 1947, § 46-129; Acts 1989 (1st Ex. Sess.), No. 118, § 33; 2009, No. 283, § 1; 2011, No. 182, § 1; 2011, No. 779, § 22.
Ark. Code Ann. § 12-28-704 — AR Code / Title 12 / Chapter 28 / Subchapter 7 / Section 12-28-704
Eligibility
Status: in_force

Appropriate inmates shall be chosen for the boot camp program established by this subchapter in accordance with guidelines to be adopted by the Board of Corrections. These guidelines must include a risk profile system to be used in selecting inmates eligible for assignment to the program. Acts 1989, No. 492, § 4.

Appropriate inmates shall be chosen for the boot camp program established by this subchapter in accordance with guidelines to be adopted by the Board of Corrections. These guidelines must include a risk profile system to be used in selecting inmates eligible for assignment to the program.

Acts 1989, No. 492, § 4.
Ark. Code Ann. § 12-41-303 — AR Code / Title 12 / Chapter 41 / Subchapter 3 / Section 12-41-303
Contracts governed by existing laws
Status: in_force

All contracts, appropriations, and disbursements of money concerning the purchase of the land or farm provided for in § 12-41-301 and the erection of the house of correction shall be made according to and be governed by the laws concerning public county contracts, appropriations, and disbursements. Acts 1868, No. 27, § 5, p. 84; C. & M. Dig., § 1958; Pope's Dig., § 2487; A.S.A. 1947, § 46-605.

All contracts, appropriations, and disbursements of money concerning the purchase of the land or farm provided for in § 12-41-301 and the erection of the house of correction shall be made according to and be governed by the laws concerning public county contracts, appropriations, and disbursements.

Acts 1868, No. 27, § 5, p. 84; C. & M. Dig., § 1958; Pope's Dig., § 2487; A.S.A. 1947, § 46-605.
Ark. Code Ann. § 12-64-810 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-810
Absence without leave
Status: in_force

Any person subject to this code shall be punished as a court-martial may direct if he or she, without authority: (1) Fails to go to his or her appointed place of duty at the time prescribed; (2) Goes from that place; or (3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed. Acts 1969, No. 50, § 129; A.S.A. 1947, § 11-711.

Any person subject to this code shall be punished as a court-martial may direct if he or she, without authority:

(1) Fails to go to his or her appointed place of duty at the time prescribed;

(2) Goes from that place; or

(3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed.

Acts 1969, No. 50, § 129; A.S.A. 1947, § 11-711.
Ark. Code Ann. § 12-64-819 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-819
Mutiny or sedition
Status: in_force

(a) (1) Any person subject to this code is guilty of mutiny if he or she, with intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance. (2) Any person subject to this code is guilty of sedition if he or she, with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority. (3) Any person subject to this code is guilty of a failure to suppress or report a mutiny or sedition if he or she fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place. (b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct. Acts 1969, No. 50, § 137; A.S.A. 1947, § 11-719.

(a) (1) Any person subject to this code is guilty of mutiny if he or she, with intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance. (2) Any person subject to this code is guilty of sedition if he or she, with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority. (3) Any person subject to this code is guilty of a failure to suppress or report a mutiny or sedition if he or she fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place.

(1) Any person subject to this code is guilty of mutiny if he or she, with intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance.

(2) Any person subject to this code is guilty of sedition if he or she, with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority.

(3) Any person subject to this code is guilty of a failure to suppress or report a mutiny or sedition if he or she fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 137; A.S.A. 1947, § 11-719.
Ark. Code Ann. § 12-18-711 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-711
Fee for copying investigative file
Status: in_force

(a) Except as provided under subsection (b) of this section, the Department of Human Services may charge: (1) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file under this chapter; and (2) A reasonable fee for reproducing copies of electronic media, such as audio tapes, video recordings, compact discs, or DVDs, and photographs. (b) A fee shall not be charged to: (1) A nonprofit or volunteer agency that requests searches of the investigative files; or (2) A person who is indigent. Amended by Act 2013, No. 1006,§ 21, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) Except as provided under subsection (b) of this section, the Department of Human Services may charge: (1) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file under this chapter; and (2) A reasonable fee for reproducing copies of electronic media, such as audio tapes, video recordings, compact discs, or DVDs, and photographs.

(1) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file under this chapter; and

(2) A reasonable fee for reproducing copies of electronic media, such as audio tapes, video recordings, compact discs, or DVDs, and photographs.

(b) A fee shall not be charged to: (1) A nonprofit or volunteer agency that requests searches of the investigative files; or (2) A person who is indigent.

(1) A nonprofit or volunteer agency that requests searches of the investigative files; or

(2) A person who is indigent.

Amended by Act 2013, No. 1006,§ 21, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-64-814 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-814
Assault generally
Status: in_force

A person subject to this code shall be punished as a court-martial may direct if he or she unlawfully and with force or violence: (1) Attempts to do bodily harm to another person; (2) Offers to do bodily harm to another person; or (3) Does bodily harm to another person. Amended by Act 2019, No. 211,§ 20, eff. 2/26/2019. Acts 1969, No. 50, § 133; 1983, No. 412, § 2; A.S.A. 1947, § 11-715.

A person subject to this code shall be punished as a court-martial may direct if he or she unlawfully and with force or violence:

(1) Attempts to do bodily harm to another person;

(2) Offers to do bodily harm to another person; or

(3) Does bodily harm to another person.

Amended by Act 2019, No. 211,§ 20, eff. 2/26/2019.

Acts 1969, No. 50, § 133; 1983, No. 412, § 2; A.S.A. 1947, § 11-715.
Ark. Code Ann. § 12-29-110 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-110
Selling or trading position, working condition, or promotion - Penalty
Status: in_force

(a) It is unlawful for any inmate or employee of the Division of Correction or any other person to sell, barter, or trade, or to promise or offer to sell, barter, or trade any favored job or position, working condition, or any promotion or demotion in any job or position at the division and to: (1) Accept or receive any money, consideration, or thing of value therefor; (2) Make or accept any loan or money as inducement thereof; or (3) Accept or receive any favored condition or job or position at the division either directly or indirectly as a result thereof. (b) (1) A violation of this section is an unclassified felony punishable by imprisonment for not less than one (1) year nor more than five (5) years. (2) If the person convicted under this section is an inmate in the division, the sentence shall commence to run from the expiration of the sentence under which the person is serving at the time of the violation of this section. Amended by Act 2019, No. 910,§ 788, eff. 7/1/2019. Amended by Act 2017, No. 250,§ 24, eff. 8/1/2017. Acts 1967, No. 475, §§ 1, 2; A.S.A. 1947, §§ 46-179, 46-180.

(a) It is unlawful for any inmate or employee of the Division of Correction or any other person to sell, barter, or trade, or to promise or offer to sell, barter, or trade any favored job or position, working condition, or any promotion or demotion in any job or position at the division and to: (1) Accept or receive any money, consideration, or thing of value therefor; (2) Make or accept any loan or money as inducement thereof; or (3) Accept or receive any favored condition or job or position at the division either directly or indirectly as a result thereof.

(1) Accept or receive any money, consideration, or thing of value therefor;

(2) Make or accept any loan or money as inducement thereof; or

(3) Accept or receive any favored condition or job or position at the division either directly or indirectly as a result thereof.

(b) (1) A violation of this section is an unclassified felony punishable by imprisonment for not less than one (1) year nor more than five (5) years. (2) If the person convicted under this section is an inmate in the division, the sentence shall commence to run from the expiration of the sentence under which the person is serving at the time of the violation of this section.

(1) A violation of this section is an unclassified felony punishable by imprisonment for not less than one (1) year nor more than five (5) years.

(2) If the person convicted under this section is an inmate in the division, the sentence shall commence to run from the expiration of the sentence under which the person is serving at the time of the violation of this section.

Amended by Act 2019, No. 910,§ 788, eff. 7/1/2019.

Amended by Act 2017, No. 250,§ 24, eff. 8/1/2017.

Acts 1967, No. 475, §§ 1, 2; A.S.A. 1947, §§ 46-179, 46-180.
Ark. Code Ann. § 12-12-802 — AR Code / Title 12 / Chapter 12 / Subchapter 8 / Section 12-12-802
Request for birth certificate - Notification of law enforcement officer or Attorney General
Status: in_force

(a) When the Division of Vital Records of the Department of Health receives a request for the birth certificate of a child who has been reported missing pursuant to this subchapter, the division shall within five (5) business days after receipt of the inquiry notify the law enforcement officer or the Attorney General, whoever initiated the report to the division, and furnish the name, address, and telephone number, if known, of the person making the inquiry. (b) The notice to the law enforcement officer or the Attorney General shall be by certified mail, return receipt requested. Acts 1987, No. 164, § 1; 1993, No. 116, § 2.

(a) When the Division of Vital Records of the Department of Health receives a request for the birth certificate of a child who has been reported missing pursuant to this subchapter, the division shall within five (5) business days after receipt of the inquiry notify the law enforcement officer or the Attorney General, whoever initiated the report to the division, and furnish the name, address, and telephone number, if known, of the person making the inquiry.

(b) The notice to the law enforcement officer or the Attorney General shall be by certified mail, return receipt requested.

Acts 1987, No. 164, § 1; 1993, No. 116, § 2.
Ark. Code Ann. § 12-18-204 — AR Code / Title 12 / Chapter 18 / Subchapter 2 / Section 12-18-204
Unlawful restriction of child abuse reporting
Status: in_force

(a) (1) An employer or supervisor of an employee identified as a mandated reporter commits the offense of unlawful restriction of child abuse reporting if he or she: (A) Prohibits a mandated reporter under this chapter from making a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline; (B) Requires that a mandated reporter under this chapter receive permission or notify a person before the mandated reporter makes a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline; or (C) Knowingly retaliates against a mandated reporter under this chapter for reporting child maltreatment or suspected child maltreatment to the Child Abuse Hotline. (2) (A) Nothing in this section shall prohibit any person or institution from requiring a mandatory reporter employed or serving as a volunteer for a person or institution to inform a representative of that person or institution that the reporter has made a report to the Child Abuse Hotline. (B) Information disclosed to a person or institution under subdivision (a)(2)(A) of this section shall not be shared outside the organization and may only be shared within the organization to protect the health, safety, and welfare of the child. (b) Unlawful restriction of child abuse reporting is a Class A misdemeanor. Amended by Act 2013, No. 1086,§ 6, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) (1) An employer or supervisor of an employee identified as a mandated reporter commits the offense of unlawful restriction of child abuse reporting if he or she: (A) Prohibits a mandated reporter under this chapter from making a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline; (B) Requires that a mandated reporter under this chapter receive permission or notify a person before the mandated reporter makes a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline; or (C) Knowingly retaliates against a mandated reporter under this chapter for reporting child maltreatment or suspected child maltreatment to the Child Abuse Hotline. (2) (A) Nothing in this section shall prohibit any person or institution from requiring a mandatory reporter employed or serving as a volunteer for a person or institution to inform a representative of that person or institution that the reporter has made a report to the Child Abuse Hotline. (B) Information disclosed to a person or institution under subdivision (a)(2)(A) of this section shall not be shared outside the organization and may only be shared within the organization to protect the health, safety, and welfare of the child.

(1) An employer or supervisor of an employee identified as a mandated reporter commits the offense of unlawful restriction of child abuse reporting if he or she: (A) Prohibits a mandated reporter under this chapter from making a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline; (B) Requires that a mandated reporter under this chapter receive permission or notify a person before the mandated reporter makes a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline; or (C) Knowingly retaliates against a mandated reporter under this chapter for reporting child maltreatment or suspected child maltreatment to the Child Abuse Hotline.

(A) Prohibits a mandated reporter under this chapter from making a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline;

(B) Requires that a mandated reporter under this chapter receive permission or notify a person before the mandated reporter makes a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline; or

(C) Knowingly retaliates against a mandated reporter under this chapter for reporting child maltreatment or suspected child maltreatment to the Child Abuse Hotline.

(2) (A) Nothing in this section shall prohibit any person or institution from requiring a mandatory reporter employed or serving as a volunteer for a person or institution to inform a representative of that person or institution that the reporter has made a report to the Child Abuse Hotline. (B) Information disclosed to a person or institution under subdivision (a)(2)(A) of this section shall not be shared outside the organization and may only be shared within the organization to protect the health, safety, and welfare of the child.

(A) Nothing in this section shall prohibit any person or institution from requiring a mandatory reporter employed or serving as a volunteer for a person or institution to inform a representative of that person or institution that the reporter has made a report to the Child Abuse Hotline.

(B) Information disclosed to a person or institution under subdivision (a)(2)(A) of this section shall not be shared outside the organization and may only be shared within the organization to protect the health, safety, and welfare of the child.

(b) Unlawful restriction of child abuse reporting is a Class A misdemeanor.

Amended by Act 2013, No. 1086,§ 6, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-14-110 — AR Code / Title 12 / Chapter 14 / Section 12-14-110
Unified command of police forces around State Capitol during civil disturbance or crime - Jurisdiction
Status: in_force

In the event of a civil disturbance or a crime in progress that requires additional law enforcement resources, the Governor may establish a system of unified command of law enforcement efforts and may designate which law enforcement agency or law enforcement agencies have primary jurisdiction on the State Capitol grounds and in the State Capitol Building. Added by Act 2021, No. 186,§ 1, eff. 7/28/2021.

In the event of a civil disturbance or a crime in progress that requires additional law enforcement resources, the Governor may establish a system of unified command of law enforcement efforts and may designate which law enforcement agency or law enforcement agencies have primary jurisdiction on the State Capitol grounds and in the State Capitol Building.

Added by Act 2021, No. 186,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 12-80-103 — AR Code / Title 12 / Chapter 80 / Section 12-80-103
Seismic zones established
Status: in_force

(a) (1) Areas within the boundaries of this state shall be divided into zones of anticipated damage that will occur in various locations with respect to the New Madrid Seismic Zone. (2) This division will be based on the Arkansas Fire Prevention Code. (b) (1) Zone 3, the area of greatest anticipated seismic damage, shall include the following counties: Clay, Greene, Craighead, Mississippi, Poinsett, Cross, Crittenden, St. Francis, Randolph, Lawrence, Jackson, Woodruff, and Lee. (2) Zone 2, the area of moderate anticipated seismic damage, shall include the following counties: Sharp, Independence, White, Lonoke, Prairie, Arkansas, Monroe, Phillips, Fulton, Izard, Stone, and Cleburne. (3) Zone 1, the area of low anticipated seismic damage, shall include all remaining counties within the boundaries of this state. Acts 1991, No. 1100, § 3; 1999, No. 1485, § 2; 2005, No. 1290, § 1.

(a) (1) Areas within the boundaries of this state shall be divided into zones of anticipated damage that will occur in various locations with respect to the New Madrid Seismic Zone. (2) This division will be based on the Arkansas Fire Prevention Code.

(1) Areas within the boundaries of this state shall be divided into zones of anticipated damage that will occur in various locations with respect to the New Madrid Seismic Zone.

(2) This division will be based on the Arkansas Fire Prevention Code.

(b) (1) Zone 3, the area of greatest anticipated seismic damage, shall include the following counties: Clay, Greene, Craighead, Mississippi, Poinsett, Cross, Crittenden, St. Francis, Randolph, Lawrence, Jackson, Woodruff, and Lee. (2) Zone 2, the area of moderate anticipated seismic damage, shall include the following counties: Sharp, Independence, White, Lonoke, Prairie, Arkansas, Monroe, Phillips, Fulton, Izard, Stone, and Cleburne. (3) Zone 1, the area of low anticipated seismic damage, shall include all remaining counties within the boundaries of this state.

(1) Zone 3, the area of greatest anticipated seismic damage, shall include the following counties: Clay, Greene, Craighead, Mississippi, Poinsett, Cross, Crittenden, St. Francis, Randolph, Lawrence, Jackson, Woodruff, and Lee.

(2) Zone 2, the area of moderate anticipated seismic damage, shall include the following counties: Sharp, Independence, White, Lonoke, Prairie, Arkansas, Monroe, Phillips, Fulton, Izard, Stone, and Cleburne.

(3) Zone 1, the area of low anticipated seismic damage, shall include all remaining counties within the boundaries of this state.

Acts 1991, No. 1100, § 3; 1999, No. 1485, § 2; 2005, No. 1290, § 1.
Ark. Code Ann. § 12-27-120 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-120
Retirement of employees
Status: in_force

(a) During their employment by the Department of Correction, all employees of the state penitentiary on March 1, 1968, shall be eligible for benefits under and shall participate in the Arkansas Public Employees' Retirement System. (b) All employees of the department employed after March 1, 1968, shall be included in the membership of the Arkansas Public Employees' Retirement System and shall participate in the Arkansas Public Employees' Retirement System in accordance with the laws governing the Arkansas Public Employees' Retirement System. (c) It is the intent of this section to: (1) Allow those employees of the state penitentiary who participated before in the Arkansas State Penitentiary Employees' Retirement System to participate in and receive benefits from the Arkansas Public Employees' Retirement System; and (2) Provide that all other employees of the department shall participate in and receive the benefits of the Arkansas Public Employees' Retirement System in the manner provided by law. Acts 1968 (1st Ex. Sess.), No. 50, § 21; A.S.A. 1947, § 46-125; Acts 2005, No. 1962, § 46.

(a) During their employment by the Department of Correction, all employees of the state penitentiary on March 1, 1968, shall be eligible for benefits under and shall participate in the Arkansas Public Employees' Retirement System.

(b) All employees of the department employed after March 1, 1968, shall be included in the membership of the Arkansas Public Employees' Retirement System and shall participate in the Arkansas Public Employees' Retirement System in accordance with the laws governing the Arkansas Public Employees' Retirement System.

(c) It is the intent of this section to: (1) Allow those employees of the state penitentiary who participated before in the Arkansas State Penitentiary Employees' Retirement System to participate in and receive benefits from the Arkansas Public Employees' Retirement System; and (2) Provide that all other employees of the department shall participate in and receive the benefits of the Arkansas Public Employees' Retirement System in the manner provided by law.

(1) Allow those employees of the state penitentiary who participated before in the Arkansas State Penitentiary Employees' Retirement System to participate in and receive benefits from the Arkansas Public Employees' Retirement System; and

(2) Provide that all other employees of the department shall participate in and receive the benefits of the Arkansas Public Employees' Retirement System in the manner provided by law.

Acts 1968 (1st Ex. Sess.), No. 50, § 21; A.S.A. 1947, § 46-125; Acts 2005, No. 1962, § 46.
Ark. Code Ann. § 12-51-101 — AR Code / Title 12 / Chapter 51 / Subchapter 1 / Section 12-51-101
Purpose
Status: in_force

(a) The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. § 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the interstate commission created hereunder, through means of joint and cooperative action among the compacting states to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states. In addition, this compact will create an interstate commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct non-compliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity. (b) The compacting states recognize that there is no "right" of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and are therefore public business. Acts 2001, No. 253, § 1.

(a) The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. § 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the interstate commission created hereunder, through means of joint and cooperative action among the compacting states to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states. In addition, this compact will create an interstate commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct non-compliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.

(b) The compacting states recognize that there is no "right" of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and are therefore public business.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-63-103 — AR Code / Title 12 / Chapter 63 / Subchapter 1 / Section 12-63-103
Fort Chaffee Redevelopment Authority Public Trust
Status: in_force

(a) The State of Arkansas acknowledges and endorses the establishment of the Fort Chaffee Redevelopment Authority Public Trust, created by Sebastian County, on February 19, 1997, as set forth in the Fort Chaffee Redevelopment Authority Indenture of Trust and pursuant to the provisions of the laws of the state, including specifically § 28-72-201 et seq. (b) The Fort Chaffee Redevelopment Authority Public Trust is recognized by the state as the entity to: (1) Prepare a comprehensive study of all issues related to the closure and redevelopment of Fort Chaffee Military Base surplus properties and to ensure proper planning and optimal use of the property embodied therein; (2) Manage, own, and operate such portions of the base as the United States Department of Defense deems unnecessary to its overall military mission so as to yield the maximum benefit to the residents of affected counties and communities in the state after conversion of those portions; and (3) Act for other purposes as enabled and set forth in the Fort Chaffee Redevelopment Authority Indenture of Trust that are in the public interest and serve a public purpose and can best be accomplished by the creation of a public trust vested with the powers and duties specified in the Fort Chaffee Redevelopment Authority Indenture of Trust. Acts 1997, No. 1201, § 14.

(a) The State of Arkansas acknowledges and endorses the establishment of the Fort Chaffee Redevelopment Authority Public Trust, created by Sebastian County, on February 19, 1997, as set forth in the Fort Chaffee Redevelopment Authority Indenture of Trust and pursuant to the provisions of the laws of the state, including specifically § 28-72-201 et seq.

(b) The Fort Chaffee Redevelopment Authority Public Trust is recognized by the state as the entity to: (1) Prepare a comprehensive study of all issues related to the closure and redevelopment of Fort Chaffee Military Base surplus properties and to ensure proper planning and optimal use of the property embodied therein; (2) Manage, own, and operate such portions of the base as the United States Department of Defense deems unnecessary to its overall military mission so as to yield the maximum benefit to the residents of affected counties and communities in the state after conversion of those portions; and (3) Act for other purposes as enabled and set forth in the Fort Chaffee Redevelopment Authority Indenture of Trust that are in the public interest and serve a public purpose and can best be accomplished by the creation of a public trust vested with the powers and duties specified in the Fort Chaffee Redevelopment Authority Indenture of Trust.

(1) Prepare a comprehensive study of all issues related to the closure and redevelopment of Fort Chaffee Military Base surplus properties and to ensure proper planning and optimal use of the property embodied therein;

(2) Manage, own, and operate such portions of the base as the United States Department of Defense deems unnecessary to its overall military mission so as to yield the maximum benefit to the residents of affected counties and communities in the state after conversion of those portions; and

(3) Act for other purposes as enabled and set forth in the Fort Chaffee Redevelopment Authority Indenture of Trust that are in the public interest and serve a public purpose and can best be accomplished by the creation of a public trust vested with the powers and duties specified in the Fort Chaffee Redevelopment Authority Indenture of Trust.

Acts 1997, No. 1201, § 14.
Ark. Code Ann. § 12-8-605 — AR Code / Title 12 / Chapter 8 / Subchapter 5-d-1 / Section 12-8-605
Arkansas State Police Commission - Powers
Status: in_force

The Arkansas State Police Commission may: (1) Acquire, construct, repair, renovate, alter, maintain, and equip headquarters facilities and communication and information technology equipment; (2) Contract to acquire headquarters facilities and communication and information technology equipment on the terms and conditions specified by this subchapter and approved by the Director of the Division of Arkansas State Police with the consent of the commission; (3) Provide for the payment of the costs associated with the acquisition of headquarters facilities and communication and information technology equipment from any legally available source, including without limitation pledged revenues and funds appropriated and made available under § 12-8-101 et seq.; (4) Enter into financing documents and agreements with the Arkansas Development Finance Authority that are necessary and appropriate to secure obligations issued by the authority that will facilitate the acquisition of the headquarters facilities and communication and information technology equipment; and (5) Take other action, not inconsistent with law, that may be necessary, convenient, or desirable to carry out the powers, purposes, and authority stated in this subchapter or to carry out the intent of this subchapter. Amended by Act 2019, No. 910,§ 5806, eff. 7/1/2019. Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.

The Arkansas State Police Commission may:

(1) Acquire, construct, repair, renovate, alter, maintain, and equip headquarters facilities and communication and information technology equipment;

(2) Contract to acquire headquarters facilities and communication and information technology equipment on the terms and conditions specified by this subchapter and approved by the Director of the Division of Arkansas State Police with the consent of the commission;

(3) Provide for the payment of the costs associated with the acquisition of headquarters facilities and communication and information technology equipment from any legally available source, including without limitation pledged revenues and funds appropriated and made available under § 12-8-101 et seq.;

(4) Enter into financing documents and agreements with the Arkansas Development Finance Authority that are necessary and appropriate to secure obligations issued by the authority that will facilitate the acquisition of the headquarters facilities and communication and information technology equipment; and

(5) Take other action, not inconsistent with law, that may be necessary, convenient, or desirable to carry out the powers, purposes, and authority stated in this subchapter or to carry out the intent of this subchapter.

Amended by Act 2019, No. 910,§ 5806, eff. 7/1/2019.

Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.
Ark. Code Ann. § 12-12-406 — AR Code / Title 12 / Chapter 12 / Subchapter 4 / Section 12-12-406
Sexual assault collection kits - Submission for testing
Status: in_force

(a) (1) A licensed healthcare provider that has collected required victim information as part of a medical-legal examination shall enter the required victim information into a sexual assault collection kit tracking system of the State Crime Laboratory before transferring the sexual assault collection kit to a law enforcement agency with jurisdiction. (2) The system described in subdivision (a)(1) of this section shall provide secure electronic access that allows a law enforcement agency, a licensed healthcare provider, the laboratory, and a victim to access tracking information. (3) A sexual assault collection kit or an anonymous kit collected by a licensed healthcare provider shall be taken into custody by a law enforcement agency as soon as possible and within three (3) business days of notice from the licensed healthcare provider. (b) (1) A law enforcement agency that receives a sexual assault collection kit from a licensed healthcare provider shall enter all necessary information into the system described in subdivision (a)(1) of this section. (2) A law enforcement agency that receives a sexual assault collection kit from a licensed healthcare provider that relates to a report of a sexual assault that occurred outside of the jurisdiction of the law enforcement agency shall have the sexual assault collection kit delivered to the law enforcement agency having jurisdiction within ten (10) days of learning that the other law enforcement agency has jurisdiction. (c) A sexual assault collection kit or an anonymous kit shall be submitted to the laboratory by the receiving law enforcement agency using the sexual assault collection kit tracking number as soon as possible, but no later than fifteen (15) days after receipt of the sexual assault collection kit or anonymous kit. (d) (1) If a victim for whom victim information has been entered into a sexual assault collection kit tracking system chooses to report the sexual assault to the law enforcement agency with jurisdiction, the law enforcement agency with jurisdiction shall submit a request to the laboratory with all known information so that the victim's sexual assault collection kit results can be located at the laboratory and released. (2) A law enforcement agency with jurisdiction shall submit the request required under subdivision (d)(1) of this section to the laboratory as soon as possible, but no later than fifteen (15) days after the victim reports the sexual assault to the law enforcement agency with jurisdiction. (e) If available, a suspect standard or a consensual partner elimination standard shall be submitted to the laboratory: (1) With the sexual assault collection kit, if available, at the time the sexual assault collection kit is submitted; or (2) As soon as possible, but no later than fifteen (15) days from the date the sexual assault collection kit was obtained by the law enforcement agency, if the suspect standard or consensual partner elimination standard is not obtained until after the sexual assault collection kit is submitted. (f) (1) The laboratory shall test all sexual assault collection kits that are received from a law enforcement agency with the goal of developing autosomal DNA profiles that are eligible for entry into the Combined DNA Index System. (2) Sexual assault collection kits shall be tested by the laboratory and the tests completed within sixty (60) days of receipt from the law enforcement agency. (3) The ability of the laboratory to complete all tests within sixty (60) days of receipt may be dependent upon the following factors: (A) The number of sexual assault collection kits that the laboratory receives; (B) The technology and improved testing methods available; (C) The establishment of a fully trained and dedicated staff to meet the caseload; and (D) The number of lab requests received relating to other crime categories. (4) Failure to meet a deadline established under this subsection or administrative rule is not a basis for dismissal of a criminal action or a bar to the admissibility of the evidence in a criminal action. (g) A law enforcement agency may contract with one (1) or more parties to assist in meeting the requirement stated in subsection (c) of this section. Amended by Act 2023, No. 558,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 558,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 558,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021. Added by Act 2019, No. 839,§ 1, eff. 7/24/2019.

(a) (1) A licensed healthcare provider that has collected required victim information as part of a medical-legal examination shall enter the required victim information into a sexual assault collection kit tracking system of the State Crime Laboratory before transferring the sexual assault collection kit to a law enforcement agency with jurisdiction. (2) The system described in subdivision (a)(1) of this section shall provide secure electronic access that allows a law enforcement agency, a licensed healthcare provider, the laboratory, and a victim to access tracking information. (3) A sexual assault collection kit or an anonymous kit collected by a licensed healthcare provider shall be taken into custody by a law enforcement agency as soon as possible and within three (3) business days of notice from the licensed healthcare provider.

(1) A licensed healthcare provider that has collected required victim information as part of a medical-legal examination shall enter the required victim information into a sexual assault collection kit tracking system of the State Crime Laboratory before transferring the sexual assault collection kit to a law enforcement agency with jurisdiction.

(2) The system described in subdivision (a)(1) of this section shall provide secure electronic access that allows a law enforcement agency, a licensed healthcare provider, the laboratory, and a victim to access tracking information.

(3) A sexual assault collection kit or an anonymous kit collected by a licensed healthcare provider shall be taken into custody by a law enforcement agency as soon as possible and within three (3) business days of notice from the licensed healthcare provider.

(b) (1) A law enforcement agency that receives a sexual assault collection kit from a licensed healthcare provider shall enter all necessary information into the system described in subdivision (a)(1) of this section. (2) A law enforcement agency that receives a sexual assault collection kit from a licensed healthcare provider that relates to a report of a sexual assault that occurred outside of the jurisdiction of the law enforcement agency shall have the sexual assault collection kit delivered to the law enforcement agency having jurisdiction within ten (10) days of learning that the other law enforcement agency has jurisdiction.

(1) A law enforcement agency that receives a sexual assault collection kit from a licensed healthcare provider shall enter all necessary information into the system described in subdivision (a)(1) of this section.

(2) A law enforcement agency that receives a sexual assault collection kit from a licensed healthcare provider that relates to a report of a sexual assault that occurred outside of the jurisdiction of the law enforcement agency shall have the sexual assault collection kit delivered to the law enforcement agency having jurisdiction within ten (10) days of learning that the other law enforcement agency has jurisdiction.

(c) A sexual assault collection kit or an anonymous kit shall be submitted to the laboratory by the receiving law enforcement agency using the sexual assault collection kit tracking number as soon as possible, but no later than fifteen (15) days after receipt of the sexual assault collection kit or anonymous kit.

(d) (1) If a victim for whom victim information has been entered into a sexual assault collection kit tracking system chooses to report the sexual assault to the law enforcement agency with jurisdiction, the law enforcement agency with jurisdiction shall submit a request to the laboratory with all known information so that the victim's sexual assault collection kit results can be located at the laboratory and released. (2) A law enforcement agency with jurisdiction shall submit the request required under subdivision (d)(1) of this section to the laboratory as soon as possible, but no later than fifteen (15) days after the victim reports the sexual assault to the law enforcement agency with jurisdiction.

(1) If a victim for whom victim information has been entered into a sexual assault collection kit tracking system chooses to report the sexual assault to the law enforcement agency with jurisdiction, the law enforcement agency with jurisdiction shall submit a request to the laboratory with all known information so that the victim's sexual assault collection kit results can be located at the laboratory and released.

(2) A law enforcement agency with jurisdiction shall submit the request required under subdivision (d)(1) of this section to the laboratory as soon as possible, but no later than fifteen (15) days after the victim reports the sexual assault to the law enforcement agency with jurisdiction.

(e) If available, a suspect standard or a consensual partner elimination standard shall be submitted to the laboratory: (1) With the sexual assault collection kit, if available, at the time the sexual assault collection kit is submitted; or (2) As soon as possible, but no later than fifteen (15) days from the date the sexual assault collection kit was obtained by the law enforcement agency, if the suspect standard or consensual partner elimination standard is not obtained until after the sexual assault collection kit is submitted.

(1) With the sexual assault collection kit, if available, at the time the sexual assault collection kit is submitted; or

(2) As soon as possible, but no later than fifteen (15) days from the date the sexual assault collection kit was obtained by the law enforcement agency, if the suspect standard or consensual partner elimination standard is not obtained until after the sexual assault collection kit is submitted.

(f) (1) The laboratory shall test all sexual assault collection kits that are received from a law enforcement agency with the goal of developing autosomal DNA profiles that are eligible for entry into the Combined DNA Index System. (2) Sexual assault collection kits shall be tested by the laboratory and the tests completed within sixty (60) days of receipt from the law enforcement agency. (3) The ability of the laboratory to complete all tests within sixty (60) days of receipt may be dependent upon the following factors: (A) The number of sexual assault collection kits that the laboratory receives; (B) The technology and improved testing methods available; (C) The establishment of a fully trained and dedicated staff to meet the caseload; and (D) The number of lab requests received relating to other crime categories. (4) Failure to meet a deadline established under this subsection or administrative rule is not a basis for dismissal of a criminal action or a bar to the admissibility of the evidence in a criminal action.

(1) The laboratory shall test all sexual assault collection kits that are received from a law enforcement agency with the goal of developing autosomal DNA profiles that are eligible for entry into the Combined DNA Index System.

(2) Sexual assault collection kits shall be tested by the laboratory and the tests completed within sixty (60) days of receipt from the law enforcement agency.

(3) The ability of the laboratory to complete all tests within sixty (60) days of receipt may be dependent upon the following factors: (A) The number of sexual assault collection kits that the laboratory receives; (B) The technology and improved testing methods available; (C) The establishment of a fully trained and dedicated staff to meet the caseload; and (D) The number of lab requests received relating to other crime categories.

(A) The number of sexual assault collection kits that the laboratory receives;

(B) The technology and improved testing methods available;

(C) The establishment of a fully trained and dedicated staff to meet the caseload; and

(D) The number of lab requests received relating to other crime categories.

(4) Failure to meet a deadline established under this subsection or administrative rule is not a basis for dismissal of a criminal action or a bar to the admissibility of the evidence in a criminal action.

(g) A law enforcement agency may contract with one (1) or more parties to assist in meeting the requirement stated in subsection (c) of this section.

Amended by Act 2023, No. 558,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 558,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 558,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 839,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 12-87-103 — AR Code / Title 12 / Chapter 87 / Section 12-87-103
Applicability to volunteer health practitioners
Status: in_force

This chapter applies to volunteer health practitioners registered with a registration system that complies with § 12-87-105 and who provide health or veterinary services in this state for a host entity while an emergency declaration is in effect. Acts 2009, No. 432, § 1.

This chapter applies to volunteer health practitioners registered with a registration system that complies with § 12-87-105 and who provide health or veterinary services in this state for a host entity while an emergency declaration is in effect.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-49-401 — AR Code / Title 12 / Chapter 49 / Subchapter 4 / Section 12-49-401
et seq - [Transferred]
Status: repealed

Acts 1997, No. 959, § 1. This subchapter was transferred to §12-76-201 et seq.

Acts 1997, No. 959, § 1.

This subchapter was transferred to §12-76-201 et seq.
Ark. Code Ann. § 12-12-1405 — AR Code / Title 12 / Chapter 12 / Subchapter 14 / Section 12-12-1405
Racial profiling hotline
Status: in_force

(a) (1) The Attorney General shall establish and publish procedures to receive complaints concerning racial profiling. (2) The procedures shall include the operation of a toll-free hotline and may include procedures to receive written complaints through the mail, email, or facsimile. (b) The Attorney General shall maintain statewide statistics on complaints received concerning racial profiling. (c) The Attorney General annually shall report statewide statistics on complaints concerning racial profiling received under this section during a year no later than October 1 of the next year to the Legislative Council. (d) If the Attorney General suspects that a violation of law has occurred, the Attorney General shall refer the matter to the appropriate prosecuting attorney or other appropriate legal authority. Amended by Act 2017, No. 250,§ 7, eff. 8/1/2017. Acts 2009, No. 768, § 1.

(a) (1) The Attorney General shall establish and publish procedures to receive complaints concerning racial profiling. (2) The procedures shall include the operation of a toll-free hotline and may include procedures to receive written complaints through the mail, email, or facsimile.

(1) The Attorney General shall establish and publish procedures to receive complaints concerning racial profiling.

(2) The procedures shall include the operation of a toll-free hotline and may include procedures to receive written complaints through the mail, email, or facsimile.

(b) The Attorney General shall maintain statewide statistics on complaints received concerning racial profiling.

(c) The Attorney General annually shall report statewide statistics on complaints concerning racial profiling received under this section during a year no later than October 1 of the next year to the Legislative Council.

(d) If the Attorney General suspects that a violation of law has occurred, the Attorney General shall refer the matter to the appropriate prosecuting attorney or other appropriate legal authority.

Amended by Act 2017, No. 250,§ 7, eff. 8/1/2017.

Acts 2009, No. 768, § 1.
Ark. Code Ann. § 12-29-202 — AR Code / Title 12 / Chapter 29 / Subchapter 2 / Section 12-29-202
Classification committee - Classifications
Status: in_force

(a) (1) There is established a classification committee to be defined by administrative rules approved by the Board of Corrections. (2) Members of the committee shall be selected by wardens or supervisors of the various units, facilities, or centers of the Division of Correction and Division of Community Correction per board rule governing their selection. (3) This committee shall meet as often as necessary to classify the inmates into no more than four (4) classes according to good behavior, good discipline, medical condition, job responsibilities, and involvement in rehabilitative activities. (b) (1) An inmate who maintains class through good behavior, good discipline, work practices, job responsibilities, and involvement in rehabilitative activities may earn up to one (1) day for every day served as a reduction toward his or her transfer eligibility date for each day incarcerated after the imposition of sentence. (2) An inmate who is reduced to the lowest class, established through board policy, as a result of disciplinary action shall not be entitled to earn meritorious good time. (3) An inmate serving a punitive disciplinary sentence in punitive segregation shall not be entitled to earn meritorious good time. (c) An inmate may be reclassified as often as the committee deems necessary or in accordance with current board rules to carry out the purpose of this subchapter and to maintain good discipline, order, and efficiency at the units, facilities, or centers. (d) (1) Upon recommendation of the committee, the Director of the Division of Correction may award an amount of meritorious good time sufficient to reduce incarceration time by up to ninety (90) days, not to exceed a total of three hundred sixty (360) days, for each successful completion of a: (A) State-sponsored general education development certificate program; (B) Vocational program for which certification is awarded; (C) Drug or alcohol treatment program offered at a Division of Correction facility; or (D) Pre-release and other rehabilitative programs or assignments as approved by the board. (2) (A) The additional days of meritorious good time described in subdivision (d)(1) of this section shall be awarded pursuant to rules promulgated by the board. (B) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (e) Meritorious good time awarded under subdivision (d)(1) of this section shall not be applicable to persons sentenced under § 16-93-618(a)(1)(A) -(E). (f) A jury may be instructed pursuant to § 16-97-103 regarding the awarding of meritorious good time under subdivision (d)(1) of this section. Amended by Act 2019, No. 315,§ 898, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 897, eff. 7/24/2019. Acts 1993, No. 536, § 3; 1993, No. 558, § 3; 1997, No. 876, § 1; 2005, No. 681, § 1; 2007, No. 1413, § 1; 2011, No. 570, § 74; 2011, No. 748, § 1.

(a) (1) There is established a classification committee to be defined by administrative rules approved by the Board of Corrections. (2) Members of the committee shall be selected by wardens or supervisors of the various units, facilities, or centers of the Division of Correction and Division of Community Correction per board rule governing their selection. (3) This committee shall meet as often as necessary to classify the inmates into no more than four (4) classes according to good behavior, good discipline, medical condition, job responsibilities, and involvement in rehabilitative activities.

(1) There is established a classification committee to be defined by administrative rules approved by the Board of Corrections.

(2) Members of the committee shall be selected by wardens or supervisors of the various units, facilities, or centers of the Division of Correction and Division of Community Correction per board rule governing their selection.

(3) This committee shall meet as often as necessary to classify the inmates into no more than four (4) classes according to good behavior, good discipline, medical condition, job responsibilities, and involvement in rehabilitative activities.

(b) (1) An inmate who maintains class through good behavior, good discipline, work practices, job responsibilities, and involvement in rehabilitative activities may earn up to one (1) day for every day served as a reduction toward his or her transfer eligibility date for each day incarcerated after the imposition of sentence. (2) An inmate who is reduced to the lowest class, established through board policy, as a result of disciplinary action shall not be entitled to earn meritorious good time. (3) An inmate serving a punitive disciplinary sentence in punitive segregation shall not be entitled to earn meritorious good time.

(1) An inmate who maintains class through good behavior, good discipline, work practices, job responsibilities, and involvement in rehabilitative activities may earn up to one (1) day for every day served as a reduction toward his or her transfer eligibility date for each day incarcerated after the imposition of sentence.

(2) An inmate who is reduced to the lowest class, established through board policy, as a result of disciplinary action shall not be entitled to earn meritorious good time.

(3) An inmate serving a punitive disciplinary sentence in punitive segregation shall not be entitled to earn meritorious good time.

(c) An inmate may be reclassified as often as the committee deems necessary or in accordance with current board rules to carry out the purpose of this subchapter and to maintain good discipline, order, and efficiency at the units, facilities, or centers.

(d) (1) Upon recommendation of the committee, the Director of the Division of Correction may award an amount of meritorious good time sufficient to reduce incarceration time by up to ninety (90) days, not to exceed a total of three hundred sixty (360) days, for each successful completion of a: (A) State-sponsored general education development certificate program; (B) Vocational program for which certification is awarded; (C) Drug or alcohol treatment program offered at a Division of Correction facility; or (D) Pre-release and other rehabilitative programs or assignments as approved by the board. (2) (A) The additional days of meritorious good time described in subdivision (d)(1) of this section shall be awarded pursuant to rules promulgated by the board. (B) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Upon recommendation of the committee, the Director of the Division of Correction may award an amount of meritorious good time sufficient to reduce incarceration time by up to ninety (90) days, not to exceed a total of three hundred sixty (360) days, for each successful completion of a: (A) State-sponsored general education development certificate program; (B) Vocational program for which certification is awarded; (C) Drug or alcohol treatment program offered at a Division of Correction facility; or (D) Pre-release and other rehabilitative programs or assignments as approved by the board.

(A) State-sponsored general education development certificate program;

(B) Vocational program for which certification is awarded;

(C) Drug or alcohol treatment program offered at a Division of Correction facility; or

(D) Pre-release and other rehabilitative programs or assignments as approved by the board.

(2) (A) The additional days of meritorious good time described in subdivision (d)(1) of this section shall be awarded pursuant to rules promulgated by the board. (B) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) The additional days of meritorious good time described in subdivision (d)(1) of this section shall be awarded pursuant to rules promulgated by the board.

(B) The board may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(e) Meritorious good time awarded under subdivision (d)(1) of this section shall not be applicable to persons sentenced under § 16-93-618(a)(1)(A) -(E).

(f) A jury may be instructed pursuant to § 16-97-103 regarding the awarding of meritorious good time under subdivision (d)(1) of this section.

Amended by Act 2019, No. 315,§ 898, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 897, eff. 7/24/2019.

Acts 1993, No. 536, § 3; 1993, No. 558, § 3; 1997, No. 876, § 1; 2005, No. 681, § 1; 2007, No. 1413, § 1; 2011, No. 570, § 74; 2011, No. 748, § 1.
Ark. Code Ann. § 12-41-611 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-611
Bonds - Coupons - Execution - Seal
Status: in_force

(a) Bonds issued pursuant to this subchapter shall be executed by the chair of the county jail board and the secretary of the board by manual or facsimile signature with at least one (1) manual signature. (b) The coupons attached to the bonds shall be executed by the facsimile signature of the chair of the board. (c) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signature shall, nevertheless, be valid and sufficient for all purposes. (d) Each bond shall be sealed with the seal of the board. Acts 1981, No. 879, § 6; A.S.A. 1947, § 46-434.

(a) Bonds issued pursuant to this subchapter shall be executed by the chair of the county jail board and the secretary of the board by manual or facsimile signature with at least one (1) manual signature.

(b) The coupons attached to the bonds shall be executed by the facsimile signature of the chair of the board.

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

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

Acts 1981, No. 879, § 6; A.S.A. 1947, § 46-434.
Ark. Code Ann. § 12-62-505 — AR Code / Title 12 / Chapter 62 / Subchapter 5 / Section 12-62-505
Rules
Status: in_force

(a) (1) The Adjutant General shall establish, implement, and enforce such administrative rules as are necessary for implementation of the Arkansas National Guard Student Loan Repayment Program. (2) The rules shall include criteria for selection from among applicants in those circumstances in which the number of applicants exceeds appropriated funding for the calendar year. (b) In establishing rules relating to academic qualification, certification, recertification, and payment, the Adjutant General shall obtain the advice of the Division of Higher Education. (c) To the extent possible, the division shall include the Arkansas National Guard Student Loan Repayment Program among other existing financial aid programs and shall monitor the Arkansas National Guard Student Loan Repayment Program and enforce policies, as necessary, to conform with division rules. Amended by Act 2019, No. 315,§ 939, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2230, eff. 7/1/2019. Acts 1995, No. 187, § 5; 1995, No. 265, § 5.

(a) (1) The Adjutant General shall establish, implement, and enforce such administrative rules as are necessary for implementation of the Arkansas National Guard Student Loan Repayment Program. (2) The rules shall include criteria for selection from among applicants in those circumstances in which the number of applicants exceeds appropriated funding for the calendar year.

(1) The Adjutant General shall establish, implement, and enforce such administrative rules as are necessary for implementation of the Arkansas National Guard Student Loan Repayment Program.

(2) The rules shall include criteria for selection from among applicants in those circumstances in which the number of applicants exceeds appropriated funding for the calendar year.

(b) In establishing rules relating to academic qualification, certification, recertification, and payment, the Adjutant General shall obtain the advice of the Division of Higher Education.

(c) To the extent possible, the division shall include the Arkansas National Guard Student Loan Repayment Program among other existing financial aid programs and shall monitor the Arkansas National Guard Student Loan Repayment Program and enforce policies, as necessary, to conform with division rules.

Amended by Act 2019, No. 315,§ 939, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2230, eff. 7/1/2019.

Acts 1995, No. 187, § 5; 1995, No. 265, § 5.