Ark. Code Ann. § 12-27-145 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-145
Records to be posted on a public website - Definition
Status: in_force

(a) To the extent permitted by federal law, the Division of Correction shall post on the Division of Correction's website the following information concerning an inmate: (1) The offense and sentence for any conviction for which the inmate is incarcerated, including: (A) Whether the inmate is subject to a suspended sentence, if known; and (B) The terms of the suspended sentence, if applicable; (2) (A) (i) Beginning July 1, 2015, the disciplinary record for each inmate. (ii) As used in this subsection, "disciplinary record" means a list of each major disciplinary violation after July 1, 2015, for which the inmate has been found guilty. (B) Additionally, the list and the date of major disciplinary violations for which the inmate was found guilty shall be displayed during the period the inmate is being considered for transfer to parole or post-release supervision; (3) (A) Risk assessment scores completed after April 1, 2015. (B) Risk assessment scores under this subdivision (a)(3) shall include the name of the state agency that completed the risk assessment, the date the risk assessment was conducted, and the level of assessment. (C) Information by the Division of Correction regarding how risk assessments are scored shall also be posted; (4) Custody status and level; (5) Any known aliases; (6) A current photograph of the inmate; (7) A complete felony conviction summary to the extent that information is available to the Division of Correction; (8) To the extent the information is available to the Division of Correction, if an order of protection, no contact order, or other order from an in-state or out-of-state court that prohibits contact or communication with another person is in place; (9) Any programs completed by the inmate while in custody; and (10) An inmate's parole eligibility date, post-release supervision date, or date he or she is to be released from incarceration as well as a general explanation of how an inmate's release eligibility date is calculated, including good time credits. (b) (1) To the extent permitted by federal law, the Division of Community Correction shall post on the Division of Community Correction's website the following information concerning a probationer, parolee, or other person under the supervision of the Division of Community Correction who has absconded or has had a warrant issued for his or her arrest for evading supervision: (A) Any offense and sentence for which the probationer, parolee, or other person under the supervision of the Division of Community Correction is being supervised, including: (i) Whether the probationer, parolee, or other person under the supervision of the Division of Community Correction is subject to a suspended sentence, if known; and (ii) The terms of the suspended sentence, if applicable; (B) A complete felony conviction summary to the extent that information is available to the Division of Community Correction; (C) (i) Risk assessment scores completed after April 1, 2015. (ii) Risk assessment scores under this subdivision (b)(1)(C) shall include the name of the state agency that completed the risk assessment, the date the risk assessment was conducted, and the level of assessment. (iii) Information by the Division of Community Correction regarding how risk assessments are scored shall also be posted; (D) Any known aliases; (E) A most recent photograph of the probationer, parolee, or other person under the supervision of the Division of Community Correction; (F) To the extent the information is available to the Division of Community Correction, if an order of protection, no-contact order, or other order from an in-state or out-of-state court that prohibits contact or communication with another person is in place; (G) All major disciplinary violations while the probationer, parolee, or other person under the supervision of the Division of Community Correction was incarcerated and the date of the major disciplinary violation disposition; (H) Any programs completed by the probationer, parolee, or other person under the supervision of the Division of Community Correction while on supervision and the date of completion; and (I) A list of previous revocation offenses while on community supervision and date of revocation. (2) The Division of Community Correction shall develop a plan to establish a method for a victim of a crime committed by a probationer, parolee, or other person under the supervision of the Division of Community Correction to directly and easily access the information listed under this subsection. (c) (1) When possible, court-generated records listed under this section shall be electronic copies of the actual court documents. (2) All victim information included in the court-generated records under this subsection shall be redacted. Amended by Act 2023, No. 659,§ 96, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 95, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 94, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 766, eff. 7/1/2019. Amended by Act 2017, No. 250,§ 22, eff. 8/1/2017. Added by Act 2015, No. 1265,§ 7, eff. 4/8/2015.

(a) To the extent permitted by federal law, the Division of Correction shall post on the Division of Correction's website the following information concerning an inmate: (1) The offense and sentence for any conviction for which the inmate is incarcerated, including: (A) Whether the inmate is subject to a suspended sentence, if known; and (B) The terms of the suspended sentence, if applicable; (2) (A) (i) Beginning July 1, 2015, the disciplinary record for each inmate. (ii) As used in this subsection, "disciplinary record" means a list of each major disciplinary violation after July 1, 2015, for which the inmate has been found guilty. (B) Additionally, the list and the date of major disciplinary violations for which the inmate was found guilty shall be displayed during the period the inmate is being considered for transfer to parole or post-release supervision; (3) (A) Risk assessment scores completed after April 1, 2015. (B) Risk assessment scores under this subdivision (a)(3) shall include the name of the state agency that completed the risk assessment, the date the risk assessment was conducted, and the level of assessment. (C) Information by the Division of Correction regarding how risk assessments are scored shall also be posted; (4) Custody status and level; (5) Any known aliases; (6) A current photograph of the inmate; (7) A complete felony conviction summary to the extent that information is available to the Division of Correction; (8) To the extent the information is available to the Division of Correction, if an order of protection, no contact order, or other order from an in-state or out-of-state court that prohibits contact or communication with another person is in place; (9) Any programs completed by the inmate while in custody; and (10) An inmate's parole eligibility date, post-release supervision date, or date he or she is to be released from incarceration as well as a general explanation of how an inmate's release eligibility date is calculated, including good time credits.

(1) The offense and sentence for any conviction for which the inmate is incarcerated, including: (A) Whether the inmate is subject to a suspended sentence, if known; and (B) The terms of the suspended sentence, if applicable;

(A) Whether the inmate is subject to a suspended sentence, if known; and

(B) The terms of the suspended sentence, if applicable;

(2) (A) (i) Beginning July 1, 2015, the disciplinary record for each inmate. (ii) As used in this subsection, "disciplinary record" means a list of each major disciplinary violation after July 1, 2015, for which the inmate has been found guilty. (B) Additionally, the list and the date of major disciplinary violations for which the inmate was found guilty shall be displayed during the period the inmate is being considered for transfer to parole or post-release supervision;

(A) (i) Beginning July 1, 2015, the disciplinary record for each inmate. (ii) As used in this subsection, "disciplinary record" means a list of each major disciplinary violation after July 1, 2015, for which the inmate has been found guilty.

(i) Beginning July 1, 2015, the disciplinary record for each inmate.

(ii) As used in this subsection, "disciplinary record" means a list of each major disciplinary violation after July 1, 2015, for which the inmate has been found guilty.

(B) Additionally, the list and the date of major disciplinary violations for which the inmate was found guilty shall be displayed during the period the inmate is being considered for transfer to parole or post-release supervision;

(3) (A) Risk assessment scores completed after April 1, 2015. (B) Risk assessment scores under this subdivision (a)(3) shall include the name of the state agency that completed the risk assessment, the date the risk assessment was conducted, and the level of assessment. (C) Information by the Division of Correction regarding how risk assessments are scored shall also be posted;

(A) Risk assessment scores completed after April 1, 2015.

(B) Risk assessment scores under this subdivision (a)(3) shall include the name of the state agency that completed the risk assessment, the date the risk assessment was conducted, and the level of assessment.

(C) Information by the Division of Correction regarding how risk assessments are scored shall also be posted;

(4) Custody status and level;

(5) Any known aliases;

(6) A current photograph of the inmate;

(7) A complete felony conviction summary to the extent that information is available to the Division of Correction;

(8) To the extent the information is available to the Division of Correction, if an order of protection, no contact order, or other order from an in-state or out-of-state court that prohibits contact or communication with another person is in place;

(9) Any programs completed by the inmate while in custody; and

(10) An inmate's parole eligibility date, post-release supervision date, or date he or she is to be released from incarceration as well as a general explanation of how an inmate's release eligibility date is calculated, including good time credits.

(b) (1) To the extent permitted by federal law, the Division of Community Correction shall post on the Division of Community Correction's website the following information concerning a probationer, parolee, or other person under the supervision of the Division of Community Correction who has absconded or has had a warrant issued for his or her arrest for evading supervision: (A) Any offense and sentence for which the probationer, parolee, or other person under the supervision of the Division of Community Correction is being supervised, including: (i) Whether the probationer, parolee, or other person under the supervision of the Division of Community Correction is subject to a suspended sentence, if known; and (ii) The terms of the suspended sentence, if applicable; (B) A complete felony conviction summary to the extent that information is available to the Division of Community Correction; (C) (i) Risk assessment scores completed after April 1, 2015. (ii) Risk assessment scores under this subdivision (b)(1)(C) shall include the name of the state agency that completed the risk assessment, the date the risk assessment was conducted, and the level of assessment. (iii) Information by the Division of Community Correction regarding how risk assessments are scored shall also be posted; (D) Any known aliases; (E) A most recent photograph of the probationer, parolee, or other person under the supervision of the Division of Community Correction; (F) To the extent the information is available to the Division of Community Correction, if an order of protection, no-contact order, or other order from an in-state or out-of-state court that prohibits contact or communication with another person is in place; (G) All major disciplinary violations while the probationer, parolee, or other person under the supervision of the Division of Community Correction was incarcerated and the date of the major disciplinary violation disposition; (H) Any programs completed by the probationer, parolee, or other person under the supervision of the Division of Community Correction while on supervision and the date of completion; and (I) A list of previous revocation offenses while on community supervision and date of revocation. (2) The Division of Community Correction shall develop a plan to establish a method for a victim of a crime committed by a probationer, parolee, or other person under the supervision of the Division of Community Correction to directly and easily access the information listed under this subsection.

(1) To the extent permitted by federal law, the Division of Community Correction shall post on the Division of Community Correction's website the following information concerning a probationer, parolee, or other person under the supervision of the Division of Community Correction who has absconded or has had a warrant issued for his or her arrest for evading supervision: (A) Any offense and sentence for which the probationer, parolee, or other person under the supervision of the Division of Community Correction is being supervised, including: (i) Whether the probationer, parolee, or other person under the supervision of the Division of Community Correction is subject to a suspended sentence, if known; and (ii) The terms of the suspended sentence, if applicable; (B) A complete felony conviction summary to the extent that information is available to the Division of Community Correction; (C) (i) Risk assessment scores completed after April 1, 2015. (ii) Risk assessment scores under this subdivision (b)(1)(C) shall include the name of the state agency that completed the risk assessment, the date the risk assessment was conducted, and the level of assessment. (iii) Information by the Division of Community Correction regarding how risk assessments are scored shall also be posted; (D) Any known aliases; (E) A most recent photograph of the probationer, parolee, or other person under the supervision of the Division of Community Correction; (F) To the extent the information is available to the Division of Community Correction, if an order of protection, no-contact order, or other order from an in-state or out-of-state court that prohibits contact or communication with another person is in place; (G) All major disciplinary violations while the probationer, parolee, or other person under the supervision of the Division of Community Correction was incarcerated and the date of the major disciplinary violation disposition; (H) Any programs completed by the probationer, parolee, or other person under the supervision of the Division of Community Correction while on supervision and the date of completion; and (I) A list of previous revocation offenses while on community supervision and date of revocation.

(A) Any offense and sentence for which the probationer, parolee, or other person under the supervision of the Division of Community Correction is being supervised, including: (i) Whether the probationer, parolee, or other person under the supervision of the Division of Community Correction is subject to a suspended sentence, if known; and (ii) The terms of the suspended sentence, if applicable;

(i) Whether the probationer, parolee, or other person under the supervision of the Division of Community Correction is subject to a suspended sentence, if known; and

(ii) The terms of the suspended sentence, if applicable;

(B) A complete felony conviction summary to the extent that information is available to the Division of Community Correction;

(C) (i) Risk assessment scores completed after April 1, 2015. (ii) Risk assessment scores under this subdivision (b)(1)(C) shall include the name of the state agency that completed the risk assessment, the date the risk assessment was conducted, and the level of assessment. (iii) Information by the Division of Community Correction regarding how risk assessments are scored shall also be posted;

(i) Risk assessment scores completed after April 1, 2015.

(ii) Risk assessment scores under this subdivision (b)(1)(C) shall include the name of the state agency that completed the risk assessment, the date the risk assessment was conducted, and the level of assessment.

(iii) Information by the Division of Community Correction regarding how risk assessments are scored shall also be posted;

(D) Any known aliases;

(E) A most recent photograph of the probationer, parolee, or other person under the supervision of the Division of Community Correction;

(F) To the extent the information is available to the Division of Community Correction, if an order of protection, no-contact order, or other order from an in-state or out-of-state court that prohibits contact or communication with another person is in place;

(G) All major disciplinary violations while the probationer, parolee, or other person under the supervision of the Division of Community Correction was incarcerated and the date of the major disciplinary violation disposition;

(H) Any programs completed by the probationer, parolee, or other person under the supervision of the Division of Community Correction while on supervision and the date of completion; and

(I) A list of previous revocation offenses while on community supervision and date of revocation.

(2) The Division of Community Correction shall develop a plan to establish a method for a victim of a crime committed by a probationer, parolee, or other person under the supervision of the Division of Community Correction to directly and easily access the information listed under this subsection.

(c) (1) When possible, court-generated records listed under this section shall be electronic copies of the actual court documents. (2) All victim information included in the court-generated records under this subsection shall be redacted.

(1) When possible, court-generated records listed under this section shall be electronic copies of the actual court documents.

(2) All victim information included in the court-generated records under this subsection shall be redacted.

Amended by Act 2023, No. 659,§ 96, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 95, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 94, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 766, eff. 7/1/2019.

Amended by Act 2017, No. 250,§ 22, eff. 8/1/2017.

Added by Act 2015, No. 1265,§ 7, eff. 4/8/2015.
Ark. Code Ann. § 12-12-1609 — AR Code / Title 12 / Chapter 12 / Subchapter 16 / Section 12-12-1609
Fees
Status: in_force

(a) (1) The Department of Arkansas State Police may charge a fee for providing criminal history background checks under this subchapter. (2) The amount of the fee for a criminal history background check conducted through the Arkansas Crime Information Center shall be determined jointly by the department and the center and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges. (3) The amount of the fee for a criminal history background check performed by the Federal Bureau of Investigation shall not exceed the amount determined by the Federal Bureau of Investigation. (b) Fees collected pursuant to this subchapter shall be credited as follows: (1) Fifty percent (50%) to the Crime Information System Fund; and (2) Fifty percent (50%) to the State Police Equipment Fund, to be used for the continued operation and expansion of the automated criminal history system and the automated fingerprint identification system. Acts 2005, No. 1778, § 1.

(a) (1) The Department of Arkansas State Police may charge a fee for providing criminal history background checks under this subchapter. (2) The amount of the fee for a criminal history background check conducted through the Arkansas Crime Information Center shall be determined jointly by the department and the center and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges. (3) The amount of the fee for a criminal history background check performed by the Federal Bureau of Investigation shall not exceed the amount determined by the Federal Bureau of Investigation.

(1) The Department of Arkansas State Police may charge a fee for providing criminal history background checks under this subchapter.

(2) The amount of the fee for a criminal history background check conducted through the Arkansas Crime Information Center shall be determined jointly by the department and the center and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges.

(3) The amount of the fee for a criminal history background check performed by the Federal Bureau of Investigation shall not exceed the amount determined by the Federal Bureau of Investigation.

(b) Fees collected pursuant to this subchapter shall be credited as follows: (1) Fifty percent (50%) to the Crime Information System Fund; and (2) Fifty percent (50%) to the State Police Equipment Fund, to be used for the continued operation and expansion of the automated criminal history system and the automated fingerprint identification system.

(1) Fifty percent (50%) to the Crime Information System Fund; and

(2) Fifty percent (50%) to the State Police Equipment Fund, to be used for the continued operation and expansion of the automated criminal history system and the automated fingerprint identification system.

Acts 2005, No. 1778, § 1.
Ark. Code Ann. § 12-64-404 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-404
Special courts-martial punishments
Status: in_force

A special court-martial may, under such limitations as the Governor may prescribe, adjudge one (1) or more of the following punishments: (1) Confinement with hard labor that shall not exceed the lowest of the sentence limitations established in the Manual for Courts-Martial, United States (2019 Edition), as it existed on January 1, 2019, for the offense or one hundred eighty (180) days; (2) A fine or forfeiture of pay and allowances in an amount that shall not exceed the lowest of the sentence limitations established in the Manual for Courts-Martial, United States (2019 Edition), as it existed on January 1, 2019, for the offense or one hundred eighty (180) days of the service member's base pay and allowances; (3) Bad conduct discharge; (4) Reprimand; and (5) Reduction of enlisted persons to a lower grade. Amended by Act 2019, No. 211,§ 8, eff. 2/26/2019. Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015. Acts 1969, No. 50, § 63; 1985, No. 670, § 8; A.S.A. 1947, § 11-618; Acts 2007, No. 47, § 9.

A special court-martial may, under such limitations as the Governor may prescribe, adjudge one (1) or more of the following punishments:

(1) Confinement with hard labor that shall not exceed the lowest of the sentence limitations established in the Manual for Courts-Martial, United States (2019 Edition), as it existed on January 1, 2019, for the offense or one hundred eighty (180) days;

(2) A fine or forfeiture of pay and allowances in an amount that shall not exceed the lowest of the sentence limitations established in the Manual for Courts-Martial, United States (2019 Edition), as it existed on January 1, 2019, for the offense or one hundred eighty (180) days of the service member's base pay and allowances;

(3) Bad conduct discharge;

(4) Reprimand; and

(5) Reduction of enlisted persons to a lower grade.

Amended by Act 2019, No. 211,§ 8, eff. 2/26/2019.

Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015.

Acts 1969, No. 50, § 63; 1985, No. 670, § 8; A.S.A. 1947, § 11-618; Acts 2007, No. 47, § 9.
Ark. Code Ann. § 12-12-317 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-317
Death certificates
Status: in_force

(a) Except as provided under subsection (b) of this section, the certificate of death of a person whose death is investigated under this subchapter shall be made by the State Medical Examiner or by his or her designee or by the county coroner, whoever conducted the investigation. (b) The examiner or his or her designee shall make and sign a certificate of death if: (1) (A) The examiner or his or her designee performs a postmortem examination. (B) The person who performs the postmortem examination shall make and sign the certificate of death; or (2) (A) The certificate of death is for a person executed for a capital offense. (B) The examiner or his or her designee shall list on the certificate of death of a person executed for a capital offense the: (i) Manner of death as "Pursuant to a judicial sentence of death - Execution"; and (ii) Cause of death as "electrocution" or "lethal injection", as applicable. (c) When a petition is filed with a court of competent jurisdiction to change the cause or manner of death listed on a certificate of death which has been signed by the examiner or by his or her designee, the State Crime Laboratory shall be notified of such petition, and the examiner or his or her designee shall be allowed to hear testimony presented by the petitioner and shall be given an opportunity to present evidence to the court to support the original ruling of the examiner or his or her designee who signed the certificate of death. Amended by Act 2017, No. 417,§ 1, eff. 8/1/2017. Acts 1979, No. 864, § 17; A.S.A. 1947, § 42-1219; Acts 1993, No. 177, § 1; 1995, No. 201, § 1.

(a) Except as provided under subsection (b) of this section, the certificate of death of a person whose death is investigated under this subchapter shall be made by the State Medical Examiner or by his or her designee or by the county coroner, whoever conducted the investigation.

(b) The examiner or his or her designee shall make and sign a certificate of death if: (1) (A) The examiner or his or her designee performs a postmortem examination. (B) The person who performs the postmortem examination shall make and sign the certificate of death; or (2) (A) The certificate of death is for a person executed for a capital offense. (B) The examiner or his or her designee shall list on the certificate of death of a person executed for a capital offense the: (i) Manner of death as "Pursuant to a judicial sentence of death - Execution"; and (ii) Cause of death as "electrocution" or "lethal injection", as applicable.

(1) (A) The examiner or his or her designee performs a postmortem examination. (B) The person who performs the postmortem examination shall make and sign the certificate of death; or

(A) The examiner or his or her designee performs a postmortem examination.

(B) The person who performs the postmortem examination shall make and sign the certificate of death; or

(2) (A) The certificate of death is for a person executed for a capital offense. (B) The examiner or his or her designee shall list on the certificate of death of a person executed for a capital offense the: (i) Manner of death as "Pursuant to a judicial sentence of death - Execution"; and (ii) Cause of death as "electrocution" or "lethal injection", as applicable.

(A) The certificate of death is for a person executed for a capital offense.

(B) The examiner or his or her designee shall list on the certificate of death of a person executed for a capital offense the: (i) Manner of death as "Pursuant to a judicial sentence of death - Execution"; and (ii) Cause of death as "electrocution" or "lethal injection", as applicable.

(i) Manner of death as "Pursuant to a judicial sentence of death - Execution"; and

(ii) Cause of death as "electrocution" or "lethal injection", as applicable.

(c) When a petition is filed with a court of competent jurisdiction to change the cause or manner of death listed on a certificate of death which has been signed by the examiner or by his or her designee, the State Crime Laboratory shall be notified of such petition, and the examiner or his or her designee shall be allowed to hear testimony presented by the petitioner and shall be given an opportunity to present evidence to the court to support the original ruling of the examiner or his or her designee who signed the certificate of death.

Amended by Act 2017, No. 417,§ 1, eff. 8/1/2017.

Acts 1979, No. 864, § 17; A.S.A. 1947, § 42-1219; Acts 1993, No. 177, § 1; 1995, No. 201, § 1.
Ark. Code Ann. § 12-30-101 — AR Code / Title 12 / Chapter 30 / Subchapter 1 / Section 12-30-101
Bartering products of institutions
Status: in_force

(a) (1) In the passage of this section, the General Assembly is cognizant of the diversity of agricultural, livestock, processing, manufacturing, fabricating, and production resources of penal and correctional institutions in this state, in other states, and of the United States Government. (2) It is recognized that each of the correctional institutions may carry on a program of production, industries, manufacturing, and processing essential to its own needs and requirements, and that in a number of instances the institutions could share, through trade and barter agreements, their production, materials, and goods for the mutual benefit and advantage of their respective institutions. (b) It is the intent of this section to enable the Board of Corrections of this state to enter into agreements with the managing boards or commissions of correctional institutions of other states, or with appropriate federal officials having custody or control of federal correctional institutions, for the exchange of raw materials, goods, and products in accordance with terms and agreements which the respective institutions find to be advantageous and of benefit to their respective institutions and programs. (c) (1) The board, with the approval of the Governor, is authorized to enter into contracts, compacts, or agreements with the appropriate governing officials of correctional institutions of other states or of the United States Government for the trading or bartering of raw materials, goods, and products produced by and belonging to their respective institutions. (2) This may be done in accordance with the terms and conditions the board and the governing officials of correctional institutions of other states or of the United States Government may deem advantageous and appropriate for their respective institutions and programs. (d) The agreements may include matters such as the exchange of raw materials for finished products produced in correctional institutions or the processing of raw materials into finished products in exchange for a portion of the raw materials processed. (e) Copies of all such agreements, compacts, or contracts entered into with correctional institutions of other states or with the United States Government, as authorized in this section, shall be filed with the Auditor of State and the Chief Fiscal Officer of the State. (f) A complete set of books and records shall be kept with respect to all transactions, deliveries, and obligations under each compact, contract, or agreement. Copies shall be filed with the Auditor of State and the Chief Fiscal Officer of the State and shall be available to public inspection during all normal business hours. (g) The board may make reasonable rules governing the Division of Correction in the administration of contracts, compacts, or agreements made under the provisions of this section. Amended by Act 2019, No. 315,§ 903, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 812, eff. 7/1/2019. Acts 1975, No. 361, §§ 1, 2; A.S.A. 1947, §§ 46-250, 46-250n.

(a) (1) In the passage of this section, the General Assembly is cognizant of the diversity of agricultural, livestock, processing, manufacturing, fabricating, and production resources of penal and correctional institutions in this state, in other states, and of the United States Government. (2) It is recognized that each of the correctional institutions may carry on a program of production, industries, manufacturing, and processing essential to its own needs and requirements, and that in a number of instances the institutions could share, through trade and barter agreements, their production, materials, and goods for the mutual benefit and advantage of their respective institutions.

(1) In the passage of this section, the General Assembly is cognizant of the diversity of agricultural, livestock, processing, manufacturing, fabricating, and production resources of penal and correctional institutions in this state, in other states, and of the United States Government.

(2) It is recognized that each of the correctional institutions may carry on a program of production, industries, manufacturing, and processing essential to its own needs and requirements, and that in a number of instances the institutions could share, through trade and barter agreements, their production, materials, and goods for the mutual benefit and advantage of their respective institutions.

(b) It is the intent of this section to enable the Board of Corrections of this state to enter into agreements with the managing boards or commissions of correctional institutions of other states, or with appropriate federal officials having custody or control of federal correctional institutions, for the exchange of raw materials, goods, and products in accordance with terms and agreements which the respective institutions find to be advantageous and of benefit to their respective institutions and programs.

(c) (1) The board, with the approval of the Governor, is authorized to enter into contracts, compacts, or agreements with the appropriate governing officials of correctional institutions of other states or of the United States Government for the trading or bartering of raw materials, goods, and products produced by and belonging to their respective institutions. (2) This may be done in accordance with the terms and conditions the board and the governing officials of correctional institutions of other states or of the United States Government may deem advantageous and appropriate for their respective institutions and programs.

(1) The board, with the approval of the Governor, is authorized to enter into contracts, compacts, or agreements with the appropriate governing officials of correctional institutions of other states or of the United States Government for the trading or bartering of raw materials, goods, and products produced by and belonging to their respective institutions.

(2) This may be done in accordance with the terms and conditions the board and the governing officials of correctional institutions of other states or of the United States Government may deem advantageous and appropriate for their respective institutions and programs.

(d) The agreements may include matters such as the exchange of raw materials for finished products produced in correctional institutions or the processing of raw materials into finished products in exchange for a portion of the raw materials processed.

(e) Copies of all such agreements, compacts, or contracts entered into with correctional institutions of other states or with the United States Government, as authorized in this section, shall be filed with the Auditor of State and the Chief Fiscal Officer of the State.

(f) A complete set of books and records shall be kept with respect to all transactions, deliveries, and obligations under each compact, contract, or agreement. Copies shall be filed with the Auditor of State and the Chief Fiscal Officer of the State and shall be available to public inspection during all normal business hours.

(g) The board may make reasonable rules governing the Division of Correction in the administration of contracts, compacts, or agreements made under the provisions of this section.

Amended by Act 2019, No. 315,§ 903, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 812, eff. 7/1/2019.

Acts 1975, No. 361, §§ 1, 2; A.S.A. 1947, §§ 46-250, 46-250n.
Ark. Code Ann. § 12-18-805 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-805
Video teleconferencing and teleconferencing options
Status: in_force

(a) (1) An administrative law judge may conduct an administrative hearing under this chapter by video teleconference in lieu of an in-person hearing. (2) If neither party requests that the administrative hearing be conducted in person, the administrative hearing shall be conducted telephonically. (b) If any party requests an in-person administrative hearing within thirty (30) days from the date that the party receives notification of the investigative determination, the in-person administrative hearing shall be conducted in an office of the Department of Human Services nearest to the petitioner's residence unless the administrative law judge notifies the parties that the administrative hearing will be conducted via video teleconference. (c) (1) The Office of Appeals and Hearings of the Department of Human Services shall designate the sites to be used for video teleconference administrative hearings. (2) The office shall designate sites within ten (10) miles of the following cities: (A) Arkadelphia; (B) Booneville; (C) Conway; (D) Fayetteville; (E) Jonesboro; (F) Little Rock; and (G) Warren. (3) The office may designate additional sites for video teleconference administrative hearings. (4) A site for a video teleconference administrative hearing shall include the location designated by the office that is nearest to the petitioner's residence. (5) The administrative law judge and other parties may agree to appear at the location designated by the office or at any other designated administrative hearing locations that are convenient to them. Amended by Act 2013, No. 1006,§ 23, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) (1) An administrative law judge may conduct an administrative hearing under this chapter by video teleconference in lieu of an in-person hearing. (2) If neither party requests that the administrative hearing be conducted in person, the administrative hearing shall be conducted telephonically.

(1) An administrative law judge may conduct an administrative hearing under this chapter by video teleconference in lieu of an in-person hearing.

(2) If neither party requests that the administrative hearing be conducted in person, the administrative hearing shall be conducted telephonically.

(b) If any party requests an in-person administrative hearing within thirty (30) days from the date that the party receives notification of the investigative determination, the in-person administrative hearing shall be conducted in an office of the Department of Human Services nearest to the petitioner's residence unless the administrative law judge notifies the parties that the administrative hearing will be conducted via video teleconference.

(c) (1) The Office of Appeals and Hearings of the Department of Human Services shall designate the sites to be used for video teleconference administrative hearings. (2) The office shall designate sites within ten (10) miles of the following cities: (A) Arkadelphia; (B) Booneville; (C) Conway; (D) Fayetteville; (E) Jonesboro; (F) Little Rock; and (G) Warren. (3) The office may designate additional sites for video teleconference administrative hearings. (4) A site for a video teleconference administrative hearing shall include the location designated by the office that is nearest to the petitioner's residence. (5) The administrative law judge and other parties may agree to appear at the location designated by the office or at any other designated administrative hearing locations that are convenient to them.

(1) The Office of Appeals and Hearings of the Department of Human Services shall designate the sites to be used for video teleconference administrative hearings.

(2) The office shall designate sites within ten (10) miles of the following cities: (A) Arkadelphia; (B) Booneville; (C) Conway; (D) Fayetteville; (E) Jonesboro; (F) Little Rock; and (G) Warren.

(A) Arkadelphia;

(B) Booneville;

(C) Conway;

(D) Fayetteville;

(E) Jonesboro;

(F) Little Rock; and

(G) Warren.

(3) The office may designate additional sites for video teleconference administrative hearings.

(4) A site for a video teleconference administrative hearing shall include the location designated by the office that is nearest to the petitioner's residence.

(5) The administrative law judge and other parties may agree to appear at the location designated by the office or at any other designated administrative hearing locations that are convenient to them.

Amended by Act 2013, No. 1006,§ 23, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-28-604 — AR Code / Title 12 / Chapter 28 / Subchapter 6 / Section 12-28-604
List of inmates - Early parole or discharge
Status: in_force

(a) (1) When the Board of Corrections declares a prison overcrowding state of emergency due to exceeding ninety-eight percent (98%) of the rated capacity and notifies the Director of the Division of Correction of the emergency as authorized, the director shall certify to the board a list of those inmates who are Class I and Class II, and the director shall indicate which inmates he or she recommends for parole, transfer, or discharge. (2) The listed inmates shall be those who, if authorized, would have their parole eligibility, transfer eligibility, or minimum release dates moved up to a point where they would immediately be eligible for parole, transfer, or discharge. (3) Upon receipt of the list of inmates certified by the director, the board is authorized to move up the projected parole eligibility, transfer eligibility, or minimum release dates of any or all inmates on the list by up to ninety (90) days. (4) The board shall certify to the director a list of the names of all prisoners whose projected parole eligibility, transfer eligibility, or minimum release dates are affected pursuant to the provisions of this subchapter. (b) (1) When the board declares a prison overcrowding state of emergency due to the county jail backlog exceeding five hundred (500) inmates and notifies the director of the emergency as authorized, the director shall certify to the board a list of those inmates who are in Class I or Class II status who have been incarcerated in a Division of Correction facility for a minimum of six (6) months and are serving a sentence for a nonviolent offense as established by the board, and the director shall indicate which inmates he or she recommends for parole, transfer, or discharge. (2) The listed inmates shall be those who, if authorized, would have their parole eligibility, transfer eligibility, or discharge dates moved up to a point where they would immediately be eligible for parole, transfer, or discharge. (3) Upon the receipt of the list of inmates certified by the director, the board is authorized to move up the projected parole eligibility, transfer eligibility, or discharge dates of any or all inmates on the list by up to one (1) year. (4) The board shall certify to the director a list of the names of all prisoners whose projected parole eligibility, transfer eligibility, or discharge dates are affected pursuant to the provisions of this subchapter. (c) The following are not eligible for early release under this section: (1) An inmate serving a term of imprisonment for a felony ineligible to receive earned release credits as defined in § 16-93-1802 ; and (2) An inmate serving a term of imprisonment for a restricted-release felony, as defined in § 16-93-1802 , who has not yet served the minimum period of time required by law. Amended by Act 2023, No. 659,§ 103, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 783, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 782, eff. 7/1/2019. Acts 1987, No. 418, § 4; 1995, No. 204, § 3; 1995, No. 293, § 3; 2003, No. 1721, § 3.

(a) (1) When the Board of Corrections declares a prison overcrowding state of emergency due to exceeding ninety-eight percent (98%) of the rated capacity and notifies the Director of the Division of Correction of the emergency as authorized, the director shall certify to the board a list of those inmates who are Class I and Class II, and the director shall indicate which inmates he or she recommends for parole, transfer, or discharge. (2) The listed inmates shall be those who, if authorized, would have their parole eligibility, transfer eligibility, or minimum release dates moved up to a point where they would immediately be eligible for parole, transfer, or discharge. (3) Upon receipt of the list of inmates certified by the director, the board is authorized to move up the projected parole eligibility, transfer eligibility, or minimum release dates of any or all inmates on the list by up to ninety (90) days. (4) The board shall certify to the director a list of the names of all prisoners whose projected parole eligibility, transfer eligibility, or minimum release dates are affected pursuant to the provisions of this subchapter.

(1) When the Board of Corrections declares a prison overcrowding state of emergency due to exceeding ninety-eight percent (98%) of the rated capacity and notifies the Director of the Division of Correction of the emergency as authorized, the director shall certify to the board a list of those inmates who are Class I and Class II, and the director shall indicate which inmates he or she recommends for parole, transfer, or discharge.

(2) The listed inmates shall be those who, if authorized, would have their parole eligibility, transfer eligibility, or minimum release dates moved up to a point where they would immediately be eligible for parole, transfer, or discharge.

(3) Upon receipt of the list of inmates certified by the director, the board is authorized to move up the projected parole eligibility, transfer eligibility, or minimum release dates of any or all inmates on the list by up to ninety (90) days.

(4) The board shall certify to the director a list of the names of all prisoners whose projected parole eligibility, transfer eligibility, or minimum release dates are affected pursuant to the provisions of this subchapter.

(b) (1) When the board declares a prison overcrowding state of emergency due to the county jail backlog exceeding five hundred (500) inmates and notifies the director of the emergency as authorized, the director shall certify to the board a list of those inmates who are in Class I or Class II status who have been incarcerated in a Division of Correction facility for a minimum of six (6) months and are serving a sentence for a nonviolent offense as established by the board, and the director shall indicate which inmates he or she recommends for parole, transfer, or discharge. (2) The listed inmates shall be those who, if authorized, would have their parole eligibility, transfer eligibility, or discharge dates moved up to a point where they would immediately be eligible for parole, transfer, or discharge. (3) Upon the receipt of the list of inmates certified by the director, the board is authorized to move up the projected parole eligibility, transfer eligibility, or discharge dates of any or all inmates on the list by up to one (1) year. (4) The board shall certify to the director a list of the names of all prisoners whose projected parole eligibility, transfer eligibility, or discharge dates are affected pursuant to the provisions of this subchapter.

(1) When the board declares a prison overcrowding state of emergency due to the county jail backlog exceeding five hundred (500) inmates and notifies the director of the emergency as authorized, the director shall certify to the board a list of those inmates who are in Class I or Class II status who have been incarcerated in a Division of Correction facility for a minimum of six (6) months and are serving a sentence for a nonviolent offense as established by the board, and the director shall indicate which inmates he or she recommends for parole, transfer, or discharge.

(2) The listed inmates shall be those who, if authorized, would have their parole eligibility, transfer eligibility, or discharge dates moved up to a point where they would immediately be eligible for parole, transfer, or discharge.

(3) Upon the receipt of the list of inmates certified by the director, the board is authorized to move up the projected parole eligibility, transfer eligibility, or discharge dates of any or all inmates on the list by up to one (1) year.

(4) The board shall certify to the director a list of the names of all prisoners whose projected parole eligibility, transfer eligibility, or discharge dates are affected pursuant to the provisions of this subchapter.

(c) The following are not eligible for early release under this section: (1) An inmate serving a term of imprisonment for a felony ineligible to receive earned release credits as defined in § 16-93-1802 ; and (2) An inmate serving a term of imprisonment for a restricted-release felony, as defined in § 16-93-1802 , who has not yet served the minimum period of time required by law.

(1) An inmate serving a term of imprisonment for a felony ineligible to receive earned release credits as defined in § 16-93-1802 ; and

(2) An inmate serving a term of imprisonment for a restricted-release felony, as defined in § 16-93-1802 , who has not yet served the minimum period of time required by law.

Amended by Act 2023, No. 659,§ 103, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 783, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 782, eff. 7/1/2019.

Acts 1987, No. 418, § 4; 1995, No. 204, § 3; 1995, No. 293, § 3; 2003, No. 1721, § 3.
Ark. Code Ann. § 12-8-116 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-116
Motor vehicles
Status: in_force

(a) (1) All automobiles, motorcycles, or other vehicles of any nature owned, used, and operated by the Division of Arkansas State Police shall be exempt from the payment of any licenses, fees, and charges required by the laws of this state for the operation of the vehicles upon the public highways of this state. (2) The Director of the Division of Arkansas State Police and the Secretary of the Department of Finance and Administration shall adopt identification tags or other insignia which shall be attached to the vehicles by the officers, members, and employees of the division, for which tag or insignia no charge shall be made or collected. (b) The division is granted authority to purchase used vehicles for use in confidential assignments and drug investigations. Amended by Act 2019, No. 910,§ 5775, eff. 7/1/2019. Acts 1945, No. 231, § 25; 1983, No. 537, § 9; A.S.A. 1947, §§ 42-409.1, 42-425.

(a) (1) All automobiles, motorcycles, or other vehicles of any nature owned, used, and operated by the Division of Arkansas State Police shall be exempt from the payment of any licenses, fees, and charges required by the laws of this state for the operation of the vehicles upon the public highways of this state. (2) The Director of the Division of Arkansas State Police and the Secretary of the Department of Finance and Administration shall adopt identification tags or other insignia which shall be attached to the vehicles by the officers, members, and employees of the division, for which tag or insignia no charge shall be made or collected.

(1) All automobiles, motorcycles, or other vehicles of any nature owned, used, and operated by the Division of Arkansas State Police shall be exempt from the payment of any licenses, fees, and charges required by the laws of this state for the operation of the vehicles upon the public highways of this state.

(2) The Director of the Division of Arkansas State Police and the Secretary of the Department of Finance and Administration shall adopt identification tags or other insignia which shall be attached to the vehicles by the officers, members, and employees of the division, for which tag or insignia no charge shall be made or collected.

(b) The division is granted authority to purchase used vehicles for use in confidential assignments and drug investigations.

Amended by Act 2019, No. 910,§ 5775, eff. 7/1/2019.

Acts 1945, No. 231, § 25; 1983, No. 537, § 9; A.S.A. 1947, §§ 42-409.1, 42-425.
Ark. Code Ann. § 12-64-108 — AR Code / Title 12 / Chapter 64 / Subchapter 1 / Section 12-64-108
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1003,§ 8, eff. 7/22/2015. Acts 1969, No. 50, § 167; A.S.A. 1947, § 11-678.

Repealed by Act 2015, No. 1003,§ 8, eff. 7/22/2015.

Acts 1969, No. 50, § 167; A.S.A. 1947, § 11-678.
Ark. Code Ann. § 12-27-114 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-114
Inmates in county jails - Reimbursement of county - Medical care
Status: in_force

(a) (1) (A) (i) In the event the Division of Correction cannot accept inmates from county jails due to insufficient bed space, the Division of Correction shall reimburse the counties from the County Jail Reimbursement Fund at rates determined by the Chief Fiscal Officer of the State, after consultation with Arkansas Legislative Audit and the Division of Correction and upon approval by the Governor, until the appropriation and funding provided for that purpose are exhausted. (ii) The reimbursement rate shall include the county's cost of transporting the inmates to the Division of Correction. (B) (i) Reimbursement under subdivision (a)(1)(A) of this section shall begin accruing on the date of sentencing. (ii) The Division of Correction shall not reimburse the county until the Division of Correction receives a complete and accurate sentencing order. (2) (A) In the event the Division of Community Correction cannot accept inmates from county jails due to insufficient bed space or shall have an inmate confined in a county jail under any prerelease program or sanction imposed in response to a violation of supervision conditions, the Division of Community Correction shall reimburse the counties from the fund at rates determined by the Chief Fiscal Officer of the State, after consultation with Arkansas Legislative Audit and the Division of Correction, and upon approval by the Governor, until the appropriation and funding provided for that purpose are exhausted. (B) (i) Reimbursement under subdivision (a)(2)(A) of this section shall begin accruing on either the date of sentencing or the date of placement on probation accompanied with incarceration in the Division of Community Correction. (ii) The Division of Community Correction shall not reimburse the county until the Division of Community Correction receives a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center. (b) (1) (A) The Division of Correction and the Division of Community Correction shall prepare an invoice during the first week of each month that lists each state inmate that is on the county jail backup list during the previous month. (B) The invoice shall reflect the number of days a state inmate was in the county jail in an awaiting-bed-space status. (2) (A) The Division of Correction and the Division of Community Correction shall verify and forward the invoices to the applicable county sheriff to certify the actual number of days the state inmates were physically housed in the county jail. (B) (i) Upon written request of a county judge, county treasurer, or county sheriff, the Division of Correction and the Division of Community Correction shall provide to the county official making the request a written report summarizing the year-to-date county jail reimbursement invoices prepared and forwarded for verification by the Division of Correction and the Division of Community Correction and payment from the fund. (ii) In addition, the written report shall include a summary of invoices returned by each county for payment for previous months within the fiscal year, the amounts paid, and any balances owed. (3) (A) The certified invoices shall then be returned to the Division of Correction and the Division of Community Correction for payment from the fund. (B) Payment from the fund shall be made within five (5) business days of receipt of signed and certified invoices returned by each county, subject to funding made available for payment of the certified notices. (4) The county sheriff shall maintain documentation for three (3) calendar years to confirm the number of days each state inmate was physically housed in the county jail. (5) The documentation maintained by the county sheriff is subject to review by Arkansas Legislative Audit. (6) Invoices under this subsection may be mailed or sent electronically. (c) (1) The Board of Corrections shall adopt rules by which the Division of Correction or the Division of Community Correction shall reimburse any county that is required to retain an inmate awaiting delivery to the custody of either the Division of Correction or the Division of Community Correction, upon receipt of a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center, for the actual costs paid for any emergency medical care for physical injury or illness of the inmate retained under this section if the physical injury or illness is directly related to the incarceration and the county is required by law to provide the care for inmates in the jail. (2) The Director of the Division of Correction or his or her designee or the Director of the Division of Community Correction or his or her designee may accept custody of any inmate as soon as possible upon request of the county upon determining that the inmate is required to have extended medical care. (3) (A) Reimbursements for medical expenses under this subsection shall require prior approval of the Division of Correction or the Division of Community Correction before the rendering of health care. (B) (i) In a true emergency situation, health care may be rendered without prior approval. (ii) The Division of Correction or the Division of Community Correction shall be notified of a true emergency situation immediately after the true emergency situation. (C) (i) Reimbursements under this subsection begin accruing on the date of sentencing. (ii) The Division of Correction or Division of Community Correction shall not reimburse the county under this subsection until the Division of Correction or Division of Community Correction receives a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center. (d) (1) (A) The Division of Correction and Division of Community Correction shall prepare a monthly report of county jail reimbursement invoices under this section for payment from the County Jail Reimbursement Fund. (B) The monthly report under subdivision (d)(1)(A) of this section shall: (i) Be posted on the website of the Division of Correction and the website of the Division of Community Correction for at least three (3) years; and (ii) Include a summary of invoices returned by each county for payment for previous months within the fiscal year, the amounts paid, and any balances owed. (2) The monthly reports under subdivision (d)(1)(A) of this section shall be combined into one (1) annual report at the end of each fiscal year. Amended by Act 2023, No. 285,§ 13, eff. 7/1/2023. Amended by Act 2023, No. 133,§ 1, eff. 7/1/2023. Amended by Act 2015, No. 1201,§ 1, eff. 10/1/2015. Amended by Act 2015, No. 946,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1282,§ 1, eff. 8/16/2013. Acts 1985, No. 648, § 19; 1991, No. 329, §§ 2, 3; 1991, No. 574, §§ 2, 3; 1991, No. 644, § 3; 1995, No. 316, § 13; 2003, No. 370, § 1; 2003 (2nd Ex. Sess.), No. 16, § 1; 2005, No. 2192, § 1.

(a) (1) (A) (i) In the event the Division of Correction cannot accept inmates from county jails due to insufficient bed space, the Division of Correction shall reimburse the counties from the County Jail Reimbursement Fund at rates determined by the Chief Fiscal Officer of the State, after consultation with Arkansas Legislative Audit and the Division of Correction and upon approval by the Governor, until the appropriation and funding provided for that purpose are exhausted. (ii) The reimbursement rate shall include the county's cost of transporting the inmates to the Division of Correction. (B) (i) Reimbursement under subdivision (a)(1)(A) of this section shall begin accruing on the date of sentencing. (ii) The Division of Correction shall not reimburse the county until the Division of Correction receives a complete and accurate sentencing order. (2) (A) In the event the Division of Community Correction cannot accept inmates from county jails due to insufficient bed space or shall have an inmate confined in a county jail under any prerelease program or sanction imposed in response to a violation of supervision conditions, the Division of Community Correction shall reimburse the counties from the fund at rates determined by the Chief Fiscal Officer of the State, after consultation with Arkansas Legislative Audit and the Division of Correction, and upon approval by the Governor, until the appropriation and funding provided for that purpose are exhausted. (B) (i) Reimbursement under subdivision (a)(2)(A) of this section shall begin accruing on either the date of sentencing or the date of placement on probation accompanied with incarceration in the Division of Community Correction. (ii) The Division of Community Correction shall not reimburse the county until the Division of Community Correction receives a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center.

(1) (A) (i) In the event the Division of Correction cannot accept inmates from county jails due to insufficient bed space, the Division of Correction shall reimburse the counties from the County Jail Reimbursement Fund at rates determined by the Chief Fiscal Officer of the State, after consultation with Arkansas Legislative Audit and the Division of Correction and upon approval by the Governor, until the appropriation and funding provided for that purpose are exhausted. (ii) The reimbursement rate shall include the county's cost of transporting the inmates to the Division of Correction. (B) (i) Reimbursement under subdivision (a)(1)(A) of this section shall begin accruing on the date of sentencing. (ii) The Division of Correction shall not reimburse the county until the Division of Correction receives a complete and accurate sentencing order.

(A) (i) In the event the Division of Correction cannot accept inmates from county jails due to insufficient bed space, the Division of Correction shall reimburse the counties from the County Jail Reimbursement Fund at rates determined by the Chief Fiscal Officer of the State, after consultation with Arkansas Legislative Audit and the Division of Correction and upon approval by the Governor, until the appropriation and funding provided for that purpose are exhausted. (ii) The reimbursement rate shall include the county's cost of transporting the inmates to the Division of Correction.

(i) In the event the Division of Correction cannot accept inmates from county jails due to insufficient bed space, the Division of Correction shall reimburse the counties from the County Jail Reimbursement Fund at rates determined by the Chief Fiscal Officer of the State, after consultation with Arkansas Legislative Audit and the Division of Correction and upon approval by the Governor, until the appropriation and funding provided for that purpose are exhausted.

(ii) The reimbursement rate shall include the county's cost of transporting the inmates to the Division of Correction.

(B) (i) Reimbursement under subdivision (a)(1)(A) of this section shall begin accruing on the date of sentencing. (ii) The Division of Correction shall not reimburse the county until the Division of Correction receives a complete and accurate sentencing order.

(i) Reimbursement under subdivision (a)(1)(A) of this section shall begin accruing on the date of sentencing.

(ii) The Division of Correction shall not reimburse the county until the Division of Correction receives a complete and accurate sentencing order.

(2) (A) In the event the Division of Community Correction cannot accept inmates from county jails due to insufficient bed space or shall have an inmate confined in a county jail under any prerelease program or sanction imposed in response to a violation of supervision conditions, the Division of Community Correction shall reimburse the counties from the fund at rates determined by the Chief Fiscal Officer of the State, after consultation with Arkansas Legislative Audit and the Division of Correction, and upon approval by the Governor, until the appropriation and funding provided for that purpose are exhausted. (B) (i) Reimbursement under subdivision (a)(2)(A) of this section shall begin accruing on either the date of sentencing or the date of placement on probation accompanied with incarceration in the Division of Community Correction. (ii) The Division of Community Correction shall not reimburse the county until the Division of Community Correction receives a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center.

(A) In the event the Division of Community Correction cannot accept inmates from county jails due to insufficient bed space or shall have an inmate confined in a county jail under any prerelease program or sanction imposed in response to a violation of supervision conditions, the Division of Community Correction shall reimburse the counties from the fund at rates determined by the Chief Fiscal Officer of the State, after consultation with Arkansas Legislative Audit and the Division of Correction, and upon approval by the Governor, until the appropriation and funding provided for that purpose are exhausted.

(B) (i) Reimbursement under subdivision (a)(2)(A) of this section shall begin accruing on either the date of sentencing or the date of placement on probation accompanied with incarceration in the Division of Community Correction. (ii) The Division of Community Correction shall not reimburse the county until the Division of Community Correction receives a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center.

(i) Reimbursement under subdivision (a)(2)(A) of this section shall begin accruing on either the date of sentencing or the date of placement on probation accompanied with incarceration in the Division of Community Correction.

(ii) The Division of Community Correction shall not reimburse the county until the Division of Community Correction receives a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center.

(b) (1) (A) The Division of Correction and the Division of Community Correction shall prepare an invoice during the first week of each month that lists each state inmate that is on the county jail backup list during the previous month. (B) The invoice shall reflect the number of days a state inmate was in the county jail in an awaiting-bed-space status. (2) (A) The Division of Correction and the Division of Community Correction shall verify and forward the invoices to the applicable county sheriff to certify the actual number of days the state inmates were physically housed in the county jail. (B) (i) Upon written request of a county judge, county treasurer, or county sheriff, the Division of Correction and the Division of Community Correction shall provide to the county official making the request a written report summarizing the year-to-date county jail reimbursement invoices prepared and forwarded for verification by the Division of Correction and the Division of Community Correction and payment from the fund. (ii) In addition, the written report shall include a summary of invoices returned by each county for payment for previous months within the fiscal year, the amounts paid, and any balances owed. (3) (A) The certified invoices shall then be returned to the Division of Correction and the Division of Community Correction for payment from the fund. (B) Payment from the fund shall be made within five (5) business days of receipt of signed and certified invoices returned by each county, subject to funding made available for payment of the certified notices. (4) The county sheriff shall maintain documentation for three (3) calendar years to confirm the number of days each state inmate was physically housed in the county jail. (5) The documentation maintained by the county sheriff is subject to review by Arkansas Legislative Audit. (6) Invoices under this subsection may be mailed or sent electronically.

(1) (A) The Division of Correction and the Division of Community Correction shall prepare an invoice during the first week of each month that lists each state inmate that is on the county jail backup list during the previous month. (B) The invoice shall reflect the number of days a state inmate was in the county jail in an awaiting-bed-space status.

(A) The Division of Correction and the Division of Community Correction shall prepare an invoice during the first week of each month that lists each state inmate that is on the county jail backup list during the previous month.

(B) The invoice shall reflect the number of days a state inmate was in the county jail in an awaiting-bed-space status.

(2) (A) The Division of Correction and the Division of Community Correction shall verify and forward the invoices to the applicable county sheriff to certify the actual number of days the state inmates were physically housed in the county jail. (B) (i) Upon written request of a county judge, county treasurer, or county sheriff, the Division of Correction and the Division of Community Correction shall provide to the county official making the request a written report summarizing the year-to-date county jail reimbursement invoices prepared and forwarded for verification by the Division of Correction and the Division of Community Correction and payment from the fund. (ii) In addition, the written report shall include a summary of invoices returned by each county for payment for previous months within the fiscal year, the amounts paid, and any balances owed.

(A) The Division of Correction and the Division of Community Correction shall verify and forward the invoices to the applicable county sheriff to certify the actual number of days the state inmates were physically housed in the county jail.

(B) (i) Upon written request of a county judge, county treasurer, or county sheriff, the Division of Correction and the Division of Community Correction shall provide to the county official making the request a written report summarizing the year-to-date county jail reimbursement invoices prepared and forwarded for verification by the Division of Correction and the Division of Community Correction and payment from the fund. (ii) In addition, the written report shall include a summary of invoices returned by each county for payment for previous months within the fiscal year, the amounts paid, and any balances owed.

(i) Upon written request of a county judge, county treasurer, or county sheriff, the Division of Correction and the Division of Community Correction shall provide to the county official making the request a written report summarizing the year-to-date county jail reimbursement invoices prepared and forwarded for verification by the Division of Correction and the Division of Community Correction and payment from the fund.

(ii) In addition, the written report shall include a summary of invoices returned by each county for payment for previous months within the fiscal year, the amounts paid, and any balances owed.

(3) (A) The certified invoices shall then be returned to the Division of Correction and the Division of Community Correction for payment from the fund. (B) Payment from the fund shall be made within five (5) business days of receipt of signed and certified invoices returned by each county, subject to funding made available for payment of the certified notices.

(A) The certified invoices shall then be returned to the Division of Correction and the Division of Community Correction for payment from the fund.

(B) Payment from the fund shall be made within five (5) business days of receipt of signed and certified invoices returned by each county, subject to funding made available for payment of the certified notices.

(4) The county sheriff shall maintain documentation for three (3) calendar years to confirm the number of days each state inmate was physically housed in the county jail.

(5) The documentation maintained by the county sheriff is subject to review by Arkansas Legislative Audit.

(6) Invoices under this subsection may be mailed or sent electronically.

(c) (1) The Board of Corrections shall adopt rules by which the Division of Correction or the Division of Community Correction shall reimburse any county that is required to retain an inmate awaiting delivery to the custody of either the Division of Correction or the Division of Community Correction, upon receipt of a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center, for the actual costs paid for any emergency medical care for physical injury or illness of the inmate retained under this section if the physical injury or illness is directly related to the incarceration and the county is required by law to provide the care for inmates in the jail. (2) The Director of the Division of Correction or his or her designee or the Director of the Division of Community Correction or his or her designee may accept custody of any inmate as soon as possible upon request of the county upon determining that the inmate is required to have extended medical care. (3) (A) Reimbursements for medical expenses under this subsection shall require prior approval of the Division of Correction or the Division of Community Correction before the rendering of health care. (B) (i) In a true emergency situation, health care may be rendered without prior approval. (ii) The Division of Correction or the Division of Community Correction shall be notified of a true emergency situation immediately after the true emergency situation. (C) (i) Reimbursements under this subsection begin accruing on the date of sentencing. (ii) The Division of Correction or Division of Community Correction shall not reimburse the county under this subsection until the Division of Correction or Division of Community Correction receives a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center.

(1) The Board of Corrections shall adopt rules by which the Division of Correction or the Division of Community Correction shall reimburse any county that is required to retain an inmate awaiting delivery to the custody of either the Division of Correction or the Division of Community Correction, upon receipt of a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center, for the actual costs paid for any emergency medical care for physical injury or illness of the inmate retained under this section if the physical injury or illness is directly related to the incarceration and the county is required by law to provide the care for inmates in the jail.

(2) The Director of the Division of Correction or his or her designee or the Director of the Division of Community Correction or his or her designee may accept custody of any inmate as soon as possible upon request of the county upon determining that the inmate is required to have extended medical care.

(3) (A) Reimbursements for medical expenses under this subsection shall require prior approval of the Division of Correction or the Division of Community Correction before the rendering of health care. (B) (i) In a true emergency situation, health care may be rendered without prior approval. (ii) The Division of Correction or the Division of Community Correction shall be notified of a true emergency situation immediately after the true emergency situation. (C) (i) Reimbursements under this subsection begin accruing on the date of sentencing. (ii) The Division of Correction or Division of Community Correction shall not reimburse the county under this subsection until the Division of Correction or Division of Community Correction receives a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center.

(A) Reimbursements for medical expenses under this subsection shall require prior approval of the Division of Correction or the Division of Community Correction before the rendering of health care.

(B) (i) In a true emergency situation, health care may be rendered without prior approval. (ii) The Division of Correction or the Division of Community Correction shall be notified of a true emergency situation immediately after the true emergency situation.

(i) In a true emergency situation, health care may be rendered without prior approval.

(ii) The Division of Correction or the Division of Community Correction shall be notified of a true emergency situation immediately after the true emergency situation.

(C) (i) Reimbursements under this subsection begin accruing on the date of sentencing. (ii) The Division of Correction or Division of Community Correction shall not reimburse the county under this subsection until the Division of Correction or Division of Community Correction receives a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center.

(i) Reimbursements under this subsection begin accruing on the date of sentencing.

(ii) The Division of Correction or Division of Community Correction shall not reimburse the county under this subsection until the Division of Correction or Division of Community Correction receives a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center.

(d) (1) (A) The Division of Correction and Division of Community Correction shall prepare a monthly report of county jail reimbursement invoices under this section for payment from the County Jail Reimbursement Fund. (B) The monthly report under subdivision (d)(1)(A) of this section shall: (i) Be posted on the website of the Division of Correction and the website of the Division of Community Correction for at least three (3) years; and (ii) Include a summary of invoices returned by each county for payment for previous months within the fiscal year, the amounts paid, and any balances owed. (2) The monthly reports under subdivision (d)(1)(A) of this section shall be combined into one (1) annual report at the end of each fiscal year.

(1) (A) The Division of Correction and Division of Community Correction shall prepare a monthly report of county jail reimbursement invoices under this section for payment from the County Jail Reimbursement Fund. (B) The monthly report under subdivision (d)(1)(A) of this section shall: (i) Be posted on the website of the Division of Correction and the website of the Division of Community Correction for at least three (3) years; and (ii) Include a summary of invoices returned by each county for payment for previous months within the fiscal year, the amounts paid, and any balances owed.

(A) The Division of Correction and Division of Community Correction shall prepare a monthly report of county jail reimbursement invoices under this section for payment from the County Jail Reimbursement Fund.

(B) The monthly report under subdivision (d)(1)(A) of this section shall: (i) Be posted on the website of the Division of Correction and the website of the Division of Community Correction for at least three (3) years; and (ii) Include a summary of invoices returned by each county for payment for previous months within the fiscal year, the amounts paid, and any balances owed.

(i) Be posted on the website of the Division of Correction and the website of the Division of Community Correction for at least three (3) years; and

(ii) Include a summary of invoices returned by each county for payment for previous months within the fiscal year, the amounts paid, and any balances owed.

(2) The monthly reports under subdivision (d)(1)(A) of this section shall be combined into one (1) annual report at the end of each fiscal year.

Amended by Act 2023, No. 285,§ 13, eff. 7/1/2023.

Amended by Act 2023, No. 133,§ 1, eff. 7/1/2023.

Amended by Act 2015, No. 1201,§ 1, eff. 10/1/2015.

Amended by Act 2015, No. 946,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1282,§ 1, eff. 8/16/2013.

Acts 1985, No. 648, § 19; 1991, No. 329, §§ 2, 3; 1991, No. 574, §§ 2, 3; 1991, No. 644, § 3; 1995, No. 316, § 13; 2003, No. 370, § 1; 2003 (2nd Ex. Sess.), No. 16, § 1; 2005, No. 2192, § 1.
Ark. Code Ann. § 12-14-102 — AR Code / Title 12 / Chapter 14 / Section 12-14-102
Duties - Authority
Status: in_force

(a) Except to the extent otherwise limited by the Secretary of State, State Capitol Police appointed pursuant to the authority contained in this chapter shall: (1) Protect property; (2) Preserve and maintain proper order and decorum; (3) Prevent unlawful assemblies and disorderly conduct; (4) Exclude and eject persons from and prevent trespass upon and in all of the State Capitol grounds and other grounds, buildings, improvements, streets, alleys, and sidewalks under control of the Secretary of State; and (5) Have the authority to regulate the operation and parking of motor vehicles upon the State Capitol grounds and other grounds under control of the Secretary of State and upon all streets adjoining and traversing the State Capitol grounds, as long as it does not impede normal traffic patterns. (b) The State Capitol Police officers shall have and exercise police supervision on behalf of the Secretary of State and are authorized as peace officers to arrest, with or without warrant, any person upon or in the areas described in this section or within the boundaries of the State of Arkansas who is or is reasonably believed to be committing an offense against any laws of the State of Arkansas or against the ordinances of the city where the State Capitol grounds are located, and to deliver the person before any court of competent jurisdiction to be dealt with according to law. Acts 1989, No. 468, § 1; 2005, No. 167, § 2.

(a) Except to the extent otherwise limited by the Secretary of State, State Capitol Police appointed pursuant to the authority contained in this chapter shall: (1) Protect property; (2) Preserve and maintain proper order and decorum; (3) Prevent unlawful assemblies and disorderly conduct; (4) Exclude and eject persons from and prevent trespass upon and in all of the State Capitol grounds and other grounds, buildings, improvements, streets, alleys, and sidewalks under control of the Secretary of State; and (5) Have the authority to regulate the operation and parking of motor vehicles upon the State Capitol grounds and other grounds under control of the Secretary of State and upon all streets adjoining and traversing the State Capitol grounds, as long as it does not impede normal traffic patterns.

(1) Protect property;

(2) Preserve and maintain proper order and decorum;

(3) Prevent unlawful assemblies and disorderly conduct;

(4) Exclude and eject persons from and prevent trespass upon and in all of the State Capitol grounds and other grounds, buildings, improvements, streets, alleys, and sidewalks under control of the Secretary of State; and

(5) Have the authority to regulate the operation and parking of motor vehicles upon the State Capitol grounds and other grounds under control of the Secretary of State and upon all streets adjoining and traversing the State Capitol grounds, as long as it does not impede normal traffic patterns.

(b) The State Capitol Police officers shall have and exercise police supervision on behalf of the Secretary of State and are authorized as peace officers to arrest, with or without warrant, any person upon or in the areas described in this section or within the boundaries of the State of Arkansas who is or is reasonably believed to be committing an offense against any laws of the State of Arkansas or against the ordinances of the city where the State Capitol grounds are located, and to deliver the person before any court of competent jurisdiction to be dealt with according to law.

Acts 1989, No. 468, § 1; 2005, No. 167, § 2.
Ark. Code Ann. § 12-12-318 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-318
Examinations, investigations, and postmortem examinations - Authorization and restrictions
Status: in_force

(a) (1) When death occurs in such a manner or under such circumstances as described in § 12-12-315 , the State Crime Laboratory shall have the power and authority to perform such functions and duties as may be provided by this subchapter. (2) (A) The laboratory shall make examinations, investigations, or perform postmortem examinations to determine the cause of death as the Director of the State Crime Laboratory or his or her staff deems necessary or as may be requested by the: (i) County coroner of the county in which death occurs or is discovered; (ii) Prosecuting attorney of the jurisdiction in which death occurs or is discovered; (iii) County sheriff of the county in which death occurs or is discovered; (iv) Chief of police of the city in which death occurs or is discovered; (v) Board of Corrections or its designee, or the Director of the Division of Correction or his or her designee if the person was in the care, custody, or control of the Division of Correction at the time of death; or (vi) Director of the Division of Arkansas State Police or his or her designee. (B) Deputies of elected officers enumerated in subdivision (a)(2)(A) of this section shall have no authority to request a postmortem examination by the laboratory. (3) (A) (i) The county coroner having jurisdiction where a death occurs should submit the decedent to the State Crime Laboratory for a postmortem examination in the following circumstances, which are based on national standards, unless there is sufficient antemortem medical and investigative information documented and available that would otherwise require a postmortem examination: (a) The death is known or suspected to have been caused by apparent criminal violence; (b) The death is sudden or unexpected and was not caused by a readily recognizable or documented disease; (c) The death is unexpected and unexplained in an infant or child less than eighteen (18) years of age; (d) The death is associated with police action; (e) The death is apparently nonnatural and occurred while the person was in the custody of a local, state, or federal institution; (f) The death is due to an acute workplace injury; (g) The death is due to apparent electrocution; (h) The death is caused by unwitnessed or suspected drowning; (i) The body is unidentified; (j) The body is skeletonized; (k) The body is charred; or (l) The death is of a pregnant female or a female who was pregnant within three hundred sixty-five (365) days of the female's death and the death is potentially related to the care of or physiology of pregnancy or the maintenance of the pregnancy, unless the death resulted from a medical condition or injury not causally related to the pregnancy. (ii) The State Crime Laboratory shall provide consultation by the State Medical Examiner to a county coroner to assist in determining if antemortem medical and investigative information is available to certify the cause and manner of death. (B) The county coroner having jurisdiction where a death occurs shall submit a decedent to the State Crime Laboratory for a postmortem examination when the death is by apparent drug, alcohol, or poison toxicity, unless a significant interval passed while the person was hospitalized and hospital evaluation is available for review. (b) (1) In cases of sudden death in children between the ages of one (1) year and six (6) years with no previous major medical health problems, the State Medical Examiner, on a case-by-case basis, may delegate authority to the Arkansas Children's Hospital to perform postmortem examinations to determine the cause of death. (2) (A) Should any such postmortem examination determine that death occurred from foul play or a criminal act, the hospital will immediately notify the chief law enforcement officer of the jurisdiction in which the death occurred and the examiner. (B) In addition, the examiner will be responsible for developing guidelines to assure that proper evidentiary procedures are followed. (3) For purposes of this section, the hospital's staff pediatric pathologist, meeting the criteria prescribed in § 12-12-307 , shall be considered assistant medical examiner and, notwithstanding any other provisions in this section, may perform postmortem examinations as directed by a duly constituted authority. (c) Postmortem examinations or investigations authorized in this section may be conducted without consent of any person. (d) The Director of the State Crime Laboratory and his or her staff shall not, as a part of their official duties, perform any postmortem examination at the request of any private citizen or any public official other than those enumerated in this section. (e) The provisions of this section shall supersede any and all other laws relating to the power and authority of the Director of the State Crime Laboratory or his or her staff, including the examiner, to conduct examinations, investigations, or postmortem examinations. (f) (1) The Director of the State Crime Laboratory shall have the final authority on any ruling of manner of death which may become a matter of dispute between those persons authorized by this section to request a postmortem examination as described in § 12-12-315 and the examiner or his or her associates. (2) The Director of the State Crime Laboratory shall use any and all material accumulated by the laboratory, interview all parties necessary, and consult with any medical authority necessary for him or her to make his or her decision as to the manner of death, and his or her ruling shall be final and binding as that ruling affects any documents generated and signed by any employee of the laboratory relating to manner of death. (3) This subsection and the Director of the State Crime Laboratory's decision in no way affect or prohibit any person or agency to seek any other relief that may be available through legal channels. Amended by Act 2023, No. 553,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5852, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5851, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5850, eff. 7/1/2019. Acts 1969, No. 321, § 6; 1973, No. 509, § 2; 1975, No. 736, § 1; 1979, No. 864, § 11; 1981, No. 65, § 1; 1985, No. 644, § 3; A.S.A. 1947, §§ 42-616, 42-1213; Acts 1993, No. 178, § 1; 1995, No. 1151, § 5; 1997, No. 422, § 1.

(a) (1) When death occurs in such a manner or under such circumstances as described in § 12-12-315 , the State Crime Laboratory shall have the power and authority to perform such functions and duties as may be provided by this subchapter. (2) (A) The laboratory shall make examinations, investigations, or perform postmortem examinations to determine the cause of death as the Director of the State Crime Laboratory or his or her staff deems necessary or as may be requested by the: (i) County coroner of the county in which death occurs or is discovered; (ii) Prosecuting attorney of the jurisdiction in which death occurs or is discovered; (iii) County sheriff of the county in which death occurs or is discovered; (iv) Chief of police of the city in which death occurs or is discovered; (v) Board of Corrections or its designee, or the Director of the Division of Correction or his or her designee if the person was in the care, custody, or control of the Division of Correction at the time of death; or (vi) Director of the Division of Arkansas State Police or his or her designee. (B) Deputies of elected officers enumerated in subdivision (a)(2)(A) of this section shall have no authority to request a postmortem examination by the laboratory. (3) (A) (i) The county coroner having jurisdiction where a death occurs should submit the decedent to the State Crime Laboratory for a postmortem examination in the following circumstances, which are based on national standards, unless there is sufficient antemortem medical and investigative information documented and available that would otherwise require a postmortem examination: (a) The death is known or suspected to have been caused by apparent criminal violence; (b) The death is sudden or unexpected and was not caused by a readily recognizable or documented disease; (c) The death is unexpected and unexplained in an infant or child less than eighteen (18) years of age; (d) The death is associated with police action; (e) The death is apparently nonnatural and occurred while the person was in the custody of a local, state, or federal institution; (f) The death is due to an acute workplace injury; (g) The death is due to apparent electrocution; (h) The death is caused by unwitnessed or suspected drowning; (i) The body is unidentified; (j) The body is skeletonized; (k) The body is charred; or (l) The death is of a pregnant female or a female who was pregnant within three hundred sixty-five (365) days of the female's death and the death is potentially related to the care of or physiology of pregnancy or the maintenance of the pregnancy, unless the death resulted from a medical condition or injury not causally related to the pregnancy. (ii) The State Crime Laboratory shall provide consultation by the State Medical Examiner to a county coroner to assist in determining if antemortem medical and investigative information is available to certify the cause and manner of death. (B) The county coroner having jurisdiction where a death occurs shall submit a decedent to the State Crime Laboratory for a postmortem examination when the death is by apparent drug, alcohol, or poison toxicity, unless a significant interval passed while the person was hospitalized and hospital evaluation is available for review.

(1) When death occurs in such a manner or under such circumstances as described in § 12-12-315 , the State Crime Laboratory shall have the power and authority to perform such functions and duties as may be provided by this subchapter.

(2) (A) The laboratory shall make examinations, investigations, or perform postmortem examinations to determine the cause of death as the Director of the State Crime Laboratory or his or her staff deems necessary or as may be requested by the: (i) County coroner of the county in which death occurs or is discovered; (ii) Prosecuting attorney of the jurisdiction in which death occurs or is discovered; (iii) County sheriff of the county in which death occurs or is discovered; (iv) Chief of police of the city in which death occurs or is discovered; (v) Board of Corrections or its designee, or the Director of the Division of Correction or his or her designee if the person was in the care, custody, or control of the Division of Correction at the time of death; or (vi) Director of the Division of Arkansas State Police or his or her designee. (B) Deputies of elected officers enumerated in subdivision (a)(2)(A) of this section shall have no authority to request a postmortem examination by the laboratory.

(A) The laboratory shall make examinations, investigations, or perform postmortem examinations to determine the cause of death as the Director of the State Crime Laboratory or his or her staff deems necessary or as may be requested by the: (i) County coroner of the county in which death occurs or is discovered; (ii) Prosecuting attorney of the jurisdiction in which death occurs or is discovered; (iii) County sheriff of the county in which death occurs or is discovered; (iv) Chief of police of the city in which death occurs or is discovered; (v) Board of Corrections or its designee, or the Director of the Division of Correction or his or her designee if the person was in the care, custody, or control of the Division of Correction at the time of death; or (vi) Director of the Division of Arkansas State Police or his or her designee.

(i) County coroner of the county in which death occurs or is discovered;

(ii) Prosecuting attorney of the jurisdiction in which death occurs or is discovered;

(iii) County sheriff of the county in which death occurs or is discovered;

(iv) Chief of police of the city in which death occurs or is discovered;

(v) Board of Corrections or its designee, or the Director of the Division of Correction or his or her designee if the person was in the care, custody, or control of the Division of Correction at the time of death; or

(vi) Director of the Division of Arkansas State Police or his or her designee.

(B) Deputies of elected officers enumerated in subdivision (a)(2)(A) of this section shall have no authority to request a postmortem examination by the laboratory.

(3) (A) (i) The county coroner having jurisdiction where a death occurs should submit the decedent to the State Crime Laboratory for a postmortem examination in the following circumstances, which are based on national standards, unless there is sufficient antemortem medical and investigative information documented and available that would otherwise require a postmortem examination: (a) The death is known or suspected to have been caused by apparent criminal violence; (b) The death is sudden or unexpected and was not caused by a readily recognizable or documented disease; (c) The death is unexpected and unexplained in an infant or child less than eighteen (18) years of age; (d) The death is associated with police action; (e) The death is apparently nonnatural and occurred while the person was in the custody of a local, state, or federal institution; (f) The death is due to an acute workplace injury; (g) The death is due to apparent electrocution; (h) The death is caused by unwitnessed or suspected drowning; (i) The body is unidentified; (j) The body is skeletonized; (k) The body is charred; or (l) The death is of a pregnant female or a female who was pregnant within three hundred sixty-five (365) days of the female's death and the death is potentially related to the care of or physiology of pregnancy or the maintenance of the pregnancy, unless the death resulted from a medical condition or injury not causally related to the pregnancy. (ii) The State Crime Laboratory shall provide consultation by the State Medical Examiner to a county coroner to assist in determining if antemortem medical and investigative information is available to certify the cause and manner of death. (B) The county coroner having jurisdiction where a death occurs shall submit a decedent to the State Crime Laboratory for a postmortem examination when the death is by apparent drug, alcohol, or poison toxicity, unless a significant interval passed while the person was hospitalized and hospital evaluation is available for review.

(A) (i) The county coroner having jurisdiction where a death occurs should submit the decedent to the State Crime Laboratory for a postmortem examination in the following circumstances, which are based on national standards, unless there is sufficient antemortem medical and investigative information documented and available that would otherwise require a postmortem examination: (a) The death is known or suspected to have been caused by apparent criminal violence; (b) The death is sudden or unexpected and was not caused by a readily recognizable or documented disease; (c) The death is unexpected and unexplained in an infant or child less than eighteen (18) years of age; (d) The death is associated with police action; (e) The death is apparently nonnatural and occurred while the person was in the custody of a local, state, or federal institution; (f) The death is due to an acute workplace injury; (g) The death is due to apparent electrocution; (h) The death is caused by unwitnessed or suspected drowning; (i) The body is unidentified; (j) The body is skeletonized; (k) The body is charred; or (l) The death is of a pregnant female or a female who was pregnant within three hundred sixty-five (365) days of the female's death and the death is potentially related to the care of or physiology of pregnancy or the maintenance of the pregnancy, unless the death resulted from a medical condition or injury not causally related to the pregnancy. (ii) The State Crime Laboratory shall provide consultation by the State Medical Examiner to a county coroner to assist in determining if antemortem medical and investigative information is available to certify the cause and manner of death.

(i) The county coroner having jurisdiction where a death occurs should submit the decedent to the State Crime Laboratory for a postmortem examination in the following circumstances, which are based on national standards, unless there is sufficient antemortem medical and investigative information documented and available that would otherwise require a postmortem examination: (a) The death is known or suspected to have been caused by apparent criminal violence; (b) The death is sudden or unexpected and was not caused by a readily recognizable or documented disease; (c) The death is unexpected and unexplained in an infant or child less than eighteen (18) years of age; (d) The death is associated with police action; (e) The death is apparently nonnatural and occurred while the person was in the custody of a local, state, or federal institution; (f) The death is due to an acute workplace injury; (g) The death is due to apparent electrocution; (h) The death is caused by unwitnessed or suspected drowning; (i) The body is unidentified; (j) The body is skeletonized; (k) The body is charred; or (l) The death is of a pregnant female or a female who was pregnant within three hundred sixty-five (365) days of the female's death and the death is potentially related to the care of or physiology of pregnancy or the maintenance of the pregnancy, unless the death resulted from a medical condition or injury not causally related to the pregnancy.

(a) The death is known or suspected to have been caused by apparent criminal violence;

(b) The death is sudden or unexpected and was not caused by a readily recognizable or documented disease;

(c) The death is unexpected and unexplained in an infant or child less than eighteen (18) years of age;

(d) The death is associated with police action;

(e) The death is apparently nonnatural and occurred while the person was in the custody of a local, state, or federal institution;

(f) The death is due to an acute workplace injury;

(g) The death is due to apparent electrocution;

(h) The death is caused by unwitnessed or suspected drowning;

(i) The body is unidentified;

(j) The body is skeletonized;

(k) The body is charred; or

(l) The death is of a pregnant female or a female who was pregnant within three hundred sixty-five (365) days of the female's death and the death is potentially related to the care of or physiology of pregnancy or the maintenance of the pregnancy, unless the death resulted from a medical condition or injury not causally related to the pregnancy.

(ii) The State Crime Laboratory shall provide consultation by the State Medical Examiner to a county coroner to assist in determining if antemortem medical and investigative information is available to certify the cause and manner of death.

(B) The county coroner having jurisdiction where a death occurs shall submit a decedent to the State Crime Laboratory for a postmortem examination when the death is by apparent drug, alcohol, or poison toxicity, unless a significant interval passed while the person was hospitalized and hospital evaluation is available for review.

(b) (1) In cases of sudden death in children between the ages of one (1) year and six (6) years with no previous major medical health problems, the State Medical Examiner, on a case-by-case basis, may delegate authority to the Arkansas Children's Hospital to perform postmortem examinations to determine the cause of death. (2) (A) Should any such postmortem examination determine that death occurred from foul play or a criminal act, the hospital will immediately notify the chief law enforcement officer of the jurisdiction in which the death occurred and the examiner. (B) In addition, the examiner will be responsible for developing guidelines to assure that proper evidentiary procedures are followed. (3) For purposes of this section, the hospital's staff pediatric pathologist, meeting the criteria prescribed in § 12-12-307 , shall be considered assistant medical examiner and, notwithstanding any other provisions in this section, may perform postmortem examinations as directed by a duly constituted authority.

(1) In cases of sudden death in children between the ages of one (1) year and six (6) years with no previous major medical health problems, the State Medical Examiner, on a case-by-case basis, may delegate authority to the Arkansas Children's Hospital to perform postmortem examinations to determine the cause of death.

(2) (A) Should any such postmortem examination determine that death occurred from foul play or a criminal act, the hospital will immediately notify the chief law enforcement officer of the jurisdiction in which the death occurred and the examiner. (B) In addition, the examiner will be responsible for developing guidelines to assure that proper evidentiary procedures are followed.

(A) Should any such postmortem examination determine that death occurred from foul play or a criminal act, the hospital will immediately notify the chief law enforcement officer of the jurisdiction in which the death occurred and the examiner.

(B) In addition, the examiner will be responsible for developing guidelines to assure that proper evidentiary procedures are followed.

(3) For purposes of this section, the hospital's staff pediatric pathologist, meeting the criteria prescribed in § 12-12-307 , shall be considered assistant medical examiner and, notwithstanding any other provisions in this section, may perform postmortem examinations as directed by a duly constituted authority.

(c) Postmortem examinations or investigations authorized in this section may be conducted without consent of any person.

(d) The Director of the State Crime Laboratory and his or her staff shall not, as a part of their official duties, perform any postmortem examination at the request of any private citizen or any public official other than those enumerated in this section.

(e) The provisions of this section shall supersede any and all other laws relating to the power and authority of the Director of the State Crime Laboratory or his or her staff, including the examiner, to conduct examinations, investigations, or postmortem examinations.

(f) (1) The Director of the State Crime Laboratory shall have the final authority on any ruling of manner of death which may become a matter of dispute between those persons authorized by this section to request a postmortem examination as described in § 12-12-315 and the examiner or his or her associates. (2) The Director of the State Crime Laboratory shall use any and all material accumulated by the laboratory, interview all parties necessary, and consult with any medical authority necessary for him or her to make his or her decision as to the manner of death, and his or her ruling shall be final and binding as that ruling affects any documents generated and signed by any employee of the laboratory relating to manner of death. (3) This subsection and the Director of the State Crime Laboratory's decision in no way affect or prohibit any person or agency to seek any other relief that may be available through legal channels.

(1) The Director of the State Crime Laboratory shall have the final authority on any ruling of manner of death which may become a matter of dispute between those persons authorized by this section to request a postmortem examination as described in § 12-12-315 and the examiner or his or her associates.

(2) The Director of the State Crime Laboratory shall use any and all material accumulated by the laboratory, interview all parties necessary, and consult with any medical authority necessary for him or her to make his or her decision as to the manner of death, and his or her ruling shall be final and binding as that ruling affects any documents generated and signed by any employee of the laboratory relating to manner of death.

(3) This subsection and the Director of the State Crime Laboratory's decision in no way affect or prohibit any person or agency to seek any other relief that may be available through legal channels.

Amended by Act 2023, No. 553,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5852, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5851, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5850, eff. 7/1/2019.

Acts 1969, No. 321, § 6; 1973, No. 509, § 2; 1975, No. 736, § 1; 1979, No. 864, § 11; 1981, No. 65, § 1; 1985, No. 644, § 3; A.S.A. 1947, §§ 42-616, 42-1213; Acts 1993, No. 178, § 1; 1995, No. 1151, § 5; 1997, No. 422, § 1.
Ark. Code Ann. § 12-8-602 — AR Code / Title 12 / Chapter 8 / Subchapter 5-d-1 / Section 12-8-602
Legislative findings
Status: in_force

The General Assembly finds that: (1) The Division of Arkansas State Police is faced daily with: (A) Maintaining the most efficient and secure methods of transmitting and processing information between officers in the field and headquarters; (B) The need to maintain and develop the most efficient means of allocating division personnel and other resources, particularly in emergency circumstances; and (C) The need to design, construct, and maintain facilities from which the division's personnel and resources may be stationed and deployed; (2) There is a need to continuously improve, upgrade, expand, and maintain the division's headquarters facilities and communication and information technology systems and equipment to support the police force and its mission to protect and serve the citizens of the state; (3) A designated method of financing is necessary to enable the division to obtain and maintain communication and information technology equipment and headquarters facilities; (4) The use of tax-exempt revenue bonds to finance communication and information technology equipment and headquarters facilities has proven to be an economical and cost-efficient method for financing equipment and facilities for the division; (5) Certain driver's license fees have been pledged and utilized by the Department of Arkansas State Police or the Division of Arkansas State Police since 1997 to finance equipment and facilities for the department or division; (6) These driver's license fees should continue to be designated as a source of funding to be utilized and pledged by the division to finance or purchase communication and information technology equipment and headquarters facilities; (7) Communication and information technology equipment and headquarters facilities are needed to maintain modern law enforcement and are, therefore, essential to the safety and welfare of the people of the state; and (8) The most feasible and least expensive way of providing a designated source for financing the acquisition and construction of headquarters facilities and communication and information technology equipment is to authorize the use of revenue bonds and designate certain driver license fees to be utilized and pledged for that purpose. Amended by Act 2019, No. 910,§ 5802, eff. 7/1/2019. Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.

The General Assembly finds that:

(1) The Division of Arkansas State Police is faced daily with: (A) Maintaining the most efficient and secure methods of transmitting and processing information between officers in the field and headquarters; (B) The need to maintain and develop the most efficient means of allocating division personnel and other resources, particularly in emergency circumstances; and (C) The need to design, construct, and maintain facilities from which the division's personnel and resources may be stationed and deployed;

(A) Maintaining the most efficient and secure methods of transmitting and processing information between officers in the field and headquarters;

(B) The need to maintain and develop the most efficient means of allocating division personnel and other resources, particularly in emergency circumstances; and

(C) The need to design, construct, and maintain facilities from which the division's personnel and resources may be stationed and deployed;

(2) There is a need to continuously improve, upgrade, expand, and maintain the division's headquarters facilities and communication and information technology systems and equipment to support the police force and its mission to protect and serve the citizens of the state;

(3) A designated method of financing is necessary to enable the division to obtain and maintain communication and information technology equipment and headquarters facilities;

(4) The use of tax-exempt revenue bonds to finance communication and information technology equipment and headquarters facilities has proven to be an economical and cost-efficient method for financing equipment and facilities for the division;

(5) Certain driver's license fees have been pledged and utilized by the Department of Arkansas State Police or the Division of Arkansas State Police since 1997 to finance equipment and facilities for the department or division;

(6) These driver's license fees should continue to be designated as a source of funding to be utilized and pledged by the division to finance or purchase communication and information technology equipment and headquarters facilities;

(7) Communication and information technology equipment and headquarters facilities are needed to maintain modern law enforcement and are, therefore, essential to the safety and welfare of the people of the state; and

(8) The most feasible and least expensive way of providing a designated source for financing the acquisition and construction of headquarters facilities and communication and information technology equipment is to authorize the use of revenue bonds and designate certain driver license fees to be utilized and pledged for that purpose.

Amended by Act 2019, No. 910,§ 5802, eff. 7/1/2019.

Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.
Ark. Code Ann. § 12-28-701 — AR Code / Title 12 / Chapter 28 / Subchapter 7 / Section 12-28-701
Title
Status: in_force

This subchapter shall be referred to and may be cited as the "Arkansas Boot Camp Act". Acts 1989, No. 492, § 1.

This subchapter shall be referred to and may be cited as the "Arkansas Boot Camp Act".

Acts 1989, No. 492, § 1.
Ark. Code Ann. § 12-29-302 — AR Code / Title 12 / Chapter 29 / Subchapter 3 / Section 12-29-302
Rules
Status: in_force

The Board of Corrections and the State Board of Education are directed, authorized, and empowered to adopt rules as are necessary to implement the provisions of this subchapter. Amended by Act 2019, No. 315,§ 901, eff. 7/24/2019. Acts 1973, No. 279, § 4; A.S.A. 1947, § 46-1304.

The Board of Corrections and the State Board of Education are directed, authorized, and empowered to adopt rules as are necessary to implement the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 901, eff. 7/24/2019.

Acts 1973, No. 279, § 4; A.S.A. 1947, § 46-1304.
Ark. Code Ann. § 12-11-104 — AR Code / Title 12 / Chapter 11 / Section 12-11-104
Resistance to authority
Status: in_force

(a) When a county sheriff or other public officer authorized to execute process finds or has reason to believe that resistance will be made to the execution of the process, the county sheriff or public officer may command as many inhabitants of his or her county as he or she may think proper, and any military companies in his or her county, armed and equipped, to assist him or her in overcoming the resistance and in arresting and confining the resisters and their aiders and abettors to be punished according to law. (b) The county sheriff or public officer shall report to the court from which the process issued the names of the resisters and their aiders and abettors so that they may be punished for contempt. (c) Every person commanded by a county sheriff or public officer to assist him or her in the execution of process, who without lawful cause refuses or neglects to obey the command, is guilty of a Class A misdemeanor and contempt of the court from which the process issued. Crim. Code, §§ 362-364; C. & M. Dig., §§ 3333-3335; Pope's Dig., §§ 4181-4183; A.S.A. 1947, §§ 42-202 -- 42-204; Acts 2005, No. 1994, § 198.

(a) When a county sheriff or other public officer authorized to execute process finds or has reason to believe that resistance will be made to the execution of the process, the county sheriff or public officer may command as many inhabitants of his or her county as he or she may think proper, and any military companies in his or her county, armed and equipped, to assist him or her in overcoming the resistance and in arresting and confining the resisters and their aiders and abettors to be punished according to law.

(b) The county sheriff or public officer shall report to the court from which the process issued the names of the resisters and their aiders and abettors so that they may be punished for contempt.

(c) Every person commanded by a county sheriff or public officer to assist him or her in the execution of process, who without lawful cause refuses or neglects to obey the command, is guilty of a Class A misdemeanor and contempt of the court from which the process issued.

Crim. Code, §§ 362-364; C. & M. Dig., §§ 3333-3335; Pope's Dig., §§ 4181-4183; A.S.A. 1947, §§ 42-202 -- 42-204; Acts 2005, No. 1994, § 198.
Ark. Code Ann. § 12-29-204 — AR Code / Title 12 / Chapter 29 / Subchapter 2 / Section 12-29-204
Statutory good time - Maximum reduction
Status: in_force

No inmate sentenced to the Division of Correction shall ever receive a reduction under this subchapter, or this subchapter and another subchapter jointly, of more than thirty (30) days for each month served except for the additional days of meritorious good time awards authorized in § 12-29-202(d) . Amended by Act 2019, No. 910,§ 794, eff. 7/1/2019. Acts 1971, No. 510, § 6; A.S.A. 1947, § 46-120.5; Acts 2005, No. 681, § 2; 2005, No. 1962, § 49.

No inmate sentenced to the Division of Correction shall ever receive a reduction under this subchapter, or this subchapter and another subchapter jointly, of more than thirty (30) days for each month served except for the additional days of meritorious good time awards authorized in § 12-29-202(d) .

Amended by Act 2019, No. 910,§ 794, eff. 7/1/2019.

Acts 1971, No. 510, § 6; A.S.A. 1947, § 46-120.5; Acts 2005, No. 681, § 2; 2005, No. 1962, § 49.
Ark. Code Ann. § 12-64-803 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-803
Accessory after the fact
Status: in_force

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial may direct. Acts 1969, No. 50, § 121; A.S.A. 1947, § 11-703.

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 121; A.S.A. 1947, § 11-703.
Ark. Code Ann. § 12-62-705 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-705
Residential leases
Status: in_force

(a) A soldier, an airman, or the spouse of a soldier or airman may terminate and cancel the lease for the primary residence of the soldier, the airman, or the spouse of the soldier or airman if the soldier or airman is: (1) Ordered to active military service for more than one hundred eighty (180) continuous days under § 12-62-704 ; (2) Assigned to a permanent change of duty station that is located more than fifty (50) miles from the primary residence; or (3) Discharged or released from active military service: (A) After at least one hundred eighty (180) continuous days of active military duty; and (B) Under honorable conditions. (b) The soldier, the airman, or the spouse of the soldier or airman may terminate and cancel the lease for the primary residence of the soldier, the airman, or the spouse of the soldier or airman as follows: (1) The soldier, the airman, the spouse of the soldier or airman, or the attorney-in-fact or lawfully appointed agent of the soldier, the airman, or the spouse of the soldier or airman shall deliver a written notice to the lessor or the lessor's agent by any manner of mail, courier, or personal delivery accompanied by a written receipt as evidence of delivery; (2) The written notice shall state: (A) The beginning date, and the ending date if known, that the soldier or airman has been ordered into the military service of the state; (B) The unit name, address, and telephone number of the soldier's or airman's commanding officer or military superior who may verify the authenticity of the orders and where the soldier, the airman, or the spouse of the soldier or airman may be written; and (C) That the soldier, the airman, or the spouse of the soldier or airman claims the benefits of this subchapter and gives written notice that his or her lease will be terminated as provided by this subchapter; and (3) (A) The written notice shall be accompanied by: (i) Payment of the current month's rent and any monthly charges regularly assessed as a monthly consideration of the lease; and (ii) Payment of the next month's rent and any monthly charges regularly assessed as a monthly consideration of the lease that shall accrue through the last day of the next month following the month during which the written notice was mailed or delivered. (B) Any prepaid monthly consideration, security deposit, or other sums held by the lessor may be deducted from the payment amounts. Amended by Act 2021, No. 155,§ 2, eff. 7/28/2021. Acts 2003, No. 1003, § 5.

(a) A soldier, an airman, or the spouse of a soldier or airman may terminate and cancel the lease for the primary residence of the soldier, the airman, or the spouse of the soldier or airman if the soldier or airman is: (1) Ordered to active military service for more than one hundred eighty (180) continuous days under § 12-62-704 ; (2) Assigned to a permanent change of duty station that is located more than fifty (50) miles from the primary residence; or (3) Discharged or released from active military service: (A) After at least one hundred eighty (180) continuous days of active military duty; and (B) Under honorable conditions.

(1) Ordered to active military service for more than one hundred eighty (180) continuous days under § 12-62-704 ;

(2) Assigned to a permanent change of duty station that is located more than fifty (50) miles from the primary residence; or

(3) Discharged or released from active military service: (A) After at least one hundred eighty (180) continuous days of active military duty; and (B) Under honorable conditions.

(A) After at least one hundred eighty (180) continuous days of active military duty; and

(B) Under honorable conditions.

(b) The soldier, the airman, or the spouse of the soldier or airman may terminate and cancel the lease for the primary residence of the soldier, the airman, or the spouse of the soldier or airman as follows: (1) The soldier, the airman, the spouse of the soldier or airman, or the attorney-in-fact or lawfully appointed agent of the soldier, the airman, or the spouse of the soldier or airman shall deliver a written notice to the lessor or the lessor's agent by any manner of mail, courier, or personal delivery accompanied by a written receipt as evidence of delivery; (2) The written notice shall state: (A) The beginning date, and the ending date if known, that the soldier or airman has been ordered into the military service of the state; (B) The unit name, address, and telephone number of the soldier's or airman's commanding officer or military superior who may verify the authenticity of the orders and where the soldier, the airman, or the spouse of the soldier or airman may be written; and (C) That the soldier, the airman, or the spouse of the soldier or airman claims the benefits of this subchapter and gives written notice that his or her lease will be terminated as provided by this subchapter; and (3) (A) The written notice shall be accompanied by: (i) Payment of the current month's rent and any monthly charges regularly assessed as a monthly consideration of the lease; and (ii) Payment of the next month's rent and any monthly charges regularly assessed as a monthly consideration of the lease that shall accrue through the last day of the next month following the month during which the written notice was mailed or delivered. (B) Any prepaid monthly consideration, security deposit, or other sums held by the lessor may be deducted from the payment amounts.

(1) The soldier, the airman, the spouse of the soldier or airman, or the attorney-in-fact or lawfully appointed agent of the soldier, the airman, or the spouse of the soldier or airman shall deliver a written notice to the lessor or the lessor's agent by any manner of mail, courier, or personal delivery accompanied by a written receipt as evidence of delivery;

(2) The written notice shall state: (A) The beginning date, and the ending date if known, that the soldier or airman has been ordered into the military service of the state; (B) The unit name, address, and telephone number of the soldier's or airman's commanding officer or military superior who may verify the authenticity of the orders and where the soldier, the airman, or the spouse of the soldier or airman may be written; and (C) That the soldier, the airman, or the spouse of the soldier or airman claims the benefits of this subchapter and gives written notice that his or her lease will be terminated as provided by this subchapter; and

(A) The beginning date, and the ending date if known, that the soldier or airman has been ordered into the military service of the state;

(B) The unit name, address, and telephone number of the soldier's or airman's commanding officer or military superior who may verify the authenticity of the orders and where the soldier, the airman, or the spouse of the soldier or airman may be written; and

(C) That the soldier, the airman, or the spouse of the soldier or airman claims the benefits of this subchapter and gives written notice that his or her lease will be terminated as provided by this subchapter; and

(3) (A) The written notice shall be accompanied by: (i) Payment of the current month's rent and any monthly charges regularly assessed as a monthly consideration of the lease; and (ii) Payment of the next month's rent and any monthly charges regularly assessed as a monthly consideration of the lease that shall accrue through the last day of the next month following the month during which the written notice was mailed or delivered. (B) Any prepaid monthly consideration, security deposit, or other sums held by the lessor may be deducted from the payment amounts.

(A) The written notice shall be accompanied by: (i) Payment of the current month's rent and any monthly charges regularly assessed as a monthly consideration of the lease; and (ii) Payment of the next month's rent and any monthly charges regularly assessed as a monthly consideration of the lease that shall accrue through the last day of the next month following the month during which the written notice was mailed or delivered.

(i) Payment of the current month's rent and any monthly charges regularly assessed as a monthly consideration of the lease; and

(ii) Payment of the next month's rent and any monthly charges regularly assessed as a monthly consideration of the lease that shall accrue through the last day of the next month following the month during which the written notice was mailed or delivered.

(B) Any prepaid monthly consideration, security deposit, or other sums held by the lessor may be deducted from the payment amounts.

Amended by Act 2021, No. 155,§ 2, eff. 7/28/2021.

Acts 2003, No. 1003, § 5.
Ark. Code Ann. § 12-87-109 — AR Code / Title 12 / Chapter 87 / Section 12-87-109
Relation to other laws
Status: in_force

(a) This chapter does not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this chapter. Except as otherwise provided in subsection (b), this chapter does not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact. (b) The Arkansas Department of Emergency Management, pursuant to the Emergency Management Assistance Compact and the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state, or a municipality or other local government within this state. Acts 2009, No. 432, § 1.

(a) This chapter does not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this chapter. Except as otherwise provided in subsection (b), this chapter does not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact.

(b) The Arkansas Department of Emergency Management, pursuant to the Emergency Management Assistance Compact and the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state, or a municipality or other local government within this state.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-29-206 — AR Code / Title 12 / Chapter 29 / Subchapter 2 / Section 12-29-206
Applicability
Status: in_force

This subchapter applies to offenses committed before January 1, 2025. Added by Act 2023, No. 659,§ 107, eff. 1/1/2024.

This subchapter applies to offenses committed before January 1, 2025.

Added by Act 2023, No. 659,§ 107, eff. 1/1/2024.
Ark. Code Ann. § 12-10-303 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-303
Definitions
Status: in_force

As used in this subchapter: (1) "Access line" means a communications line or device that has the capacity to access the public switched network; (2) "Automatic location identification" means an enhanced 911 service capability that enables the automatic display of information defining the geographical location of the telephone used to place the 911 call; (3) "Automatic number identification" means an enhanced 911 service capability that enables the automatic display of the ten-digit number used to place a 911 call from a wire line, wireless, voice over internet protocol, or any nontraditional phone service; (4) "Basic 911 system" means a system by which the various emergency functions provided by public safety agencies within each political subdivision may be accessed utilizing the three-digit number 911, but no available options are included in the system; (5) "Chief executive" means the Governor, county judges, mayors, city managers, or city administrators of incorporated places, and is synonymous with head of government, dependent on the level and form of government; (6) "CMRS connection" means each account or number assigned to a CMRS customer; (7) (A) "Commercial mobile radio service" or "CMRS" means commercial mobile service under §§ 3(33) and 332(d), Telecommunications Act of 1996, 47 U.S.C. § 151 et seq., Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993. (B) "Commercial mobile radio service" or "CMRS" includes any wireless or two-way communication device that has the capability of connecting to a public safety answering point; (8) "Dispatch center" means a public or private agency that dispatches public or private safety agencies but does not operate a public safety answering point; (9) "Enhanced 911 network features" means those features of selective routing that have the capability of automatic number and location identification; (10) (A) "Enhanced 911 system" means enhanced 911 service, which is a telephone exchange communications service consisting of telephone network features and public safety answering points designated by the chief executive that enables users of the public telephone system to access a public safety answering point by dialing the digits "911". (B) The enhanced 911 system directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification; (11) (A) "ESINet" means a managed internet protocol network that is used for emergency services communications that can be shared by all public safety agencies and that provides the internet protocol transport infrastructure upon which independent application platforms and core services can be deployed, including without limitation those services necessary for providing next generation 911 services. (B) "ESINet" is the designation for the network, but not the services on the network; (12) "Exchange access facilities" means all lines provided by the service supplier for the provision of local exchange service; (13) "Geographic information system" means a system for capturing, storing, displaying, analyzing, and managing data and associated attributes which are spatially referenced; (14) "Governing authority" means county quorum courts and governing bodies of municipalities; (15) "Next generation 911" means a secure, internet protocol-based, open standards system, composed of hardware, software, data, and operation policies and procedures, that: (A) Provides standardized interfaces from emergency call and message services to support emergency communications; (B) Processes all types of emergency calls, including voice, text, data, and multimedia information; (C) Acquires and integrates additional emergency call data useful to call routing and handling; (D) Delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities based on the location of the caller; (E) Supports data, video, and other communications needs for coordinated incident response and management; and (F) Interoperates with services and networks used by first responders to facilitate emergency response; (16) "Nontraditional phone service" means any service that: (A) Enables real-time voice communications from the user's location to customer premise equipment; (B) Permits users to receive calls that originate on the public switched telephone network or to terminate calls to the public switched telephone network; and (C) Has the capability of placing a 911 call; (17) "Nontraditional phone service connection" means each account or number assigned to a nontraditional phone service customer; (18) (A) "Operating agency" means the public safety agency authorized and designated by the chief executive of the political subdivision to operate a public safety answering point. (B) Operating agencies are limited to offices of emergency services, fire departments, and law enforcement agencies of the political subdivisions; (19) "Prepaid wireless telecommunications service" means a prepaid wireless calling service as defined in § 26-52-314 ; (20) "Private safety agency" means any entity, except a public safety agency, providing emergency fire, ambulance, or emergency medical services; (21) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides firefighting, rescue, natural, or human-caused disaster or major emergency response, law enforcement, and ambulance or emergency medical services; (22) "Public safety answering point" means the location at which all 911 communications are initially answered that is operated on a twenty-four-hour basis by an operating agency and dispatches two (2) or more public safety agencies; (23) "Public safety officers" means specified personnel of public safety agencies; (24) "Readiness costs" means equipment and payroll costs associated with equipment, call takers, and dispatchers on standby waiting for 911 calls; (25) "Selective routing" means the method employed to direct 911 calls to the appropriate public safety answering point based on the geographical location from which the call originated; (26) "Service supplier" means any person, company, or corporation, public or private, providing exchange telephone service, nontraditional phone service, voice over internet protocol service, or CMRS service throughout the political subdivision; (27) "Service user" means any person, company, corporation, business, association, or party not exempt from county or municipal taxes or utility franchise assessments that is provided landline telephone service, CMRS service, voice over internet protocol service, or any nontraditional phone service with the capability of placing a 911 call in the political subdivision; (28) "Short message service" means a service typically provided by mobile carriers that sends short messages to an endpoint; (29) (A) "Tariff rate" means the rate or rates billed by a service supplier as stated in the service supplier's tariffs, price lists, customer contracts, or other methods of publishing service offerings that represent the service supplier's recurring charges for exchange access facilities, exclusive of all: (i) Taxes; (ii) Fees; (iii) Licenses; or (iv) Similar charges whatsoever. (B) The tariff rate per county may include extended service area charges only if an emergency telephone service charge has been levied in a county and a resolution of intent has been passed by a county's quorum court that defines tariff rate as being inclusive of extended service area charges; (30) "Telecommunicator" means a person employed by a public safety answering point or an emergency medical dispatcher service provider, or both, who is qualified to answer incoming emergency telephone calls or provide for the appropriate emergency response, or both, either directly or through communication with the appropriate public safety answering point; (31) "Voice over internet protocol connection" means each account or number assigned to a voice over internet protocol customer; (32) "Voice over internet protocol service" means any service that: (A) Enables real-time voice communications; (B) Requires a broadband connection from the user's location; (C) Requires internet protocol compatible customer premise equipment; (D) Permits users to receive calls that originate on the public switched telephone network or to terminate calls to the public switched telephone network; and (E) Has the capability of placing a 911 call; and (33) "Wireless telecommunications service provider" means a provider of commercial mobile radio services: (A) As defined in 47 U.S.C. § 332(b) , as it existed on January 1, 2006, including all broadband personal communications services, wireless radio telephone services, geographic-area-specialized and enhanced-specialized mobile radio services, and incumbent, wide area, specialized mobile radio licensees that offer real-time, two-way voice service interconnected with the public switched telephone network; and (B) That either: (i) Is doing business in the State of Arkansas; or (ii) May connect with a public safety answering point. Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Amended by Act 2015, No. 919,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 623,§ 2, eff. 1/1/2014. Amended by Act 2013, No. 623,§ 1, eff. 1/1/2014. Acts 1985, No. 683, § 3; A.S.A. 1947, § 73-1824; Acts 1997, No. 810, § 1; 2003, No. 668, § 1; 2007, No. 582, § 1; 2009, No. 1221, § 1.

As used in this subchapter:

(1) "Access line" means a communications line or device that has the capacity to access the public switched network;

(2) "Automatic location identification" means an enhanced 911 service capability that enables the automatic display of information defining the geographical location of the telephone used to place the 911 call;

(3) "Automatic number identification" means an enhanced 911 service capability that enables the automatic display of the ten-digit number used to place a 911 call from a wire line, wireless, voice over internet protocol, or any nontraditional phone service;

(4) "Basic 911 system" means a system by which the various emergency functions provided by public safety agencies within each political subdivision may be accessed utilizing the three-digit number 911, but no available options are included in the system;

(5) "Chief executive" means the Governor, county judges, mayors, city managers, or city administrators of incorporated places, and is synonymous with head of government, dependent on the level and form of government;

(6) "CMRS connection" means each account or number assigned to a CMRS customer;

(7) (A) "Commercial mobile radio service" or "CMRS" means commercial mobile service under §§ 3(33) and 332(d), Telecommunications Act of 1996, 47 U.S.C. § 151 et seq., Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993. (B) "Commercial mobile radio service" or "CMRS" includes any wireless or two-way communication device that has the capability of connecting to a public safety answering point;

(A) "Commercial mobile radio service" or "CMRS" means commercial mobile service under §§ 3(33) and 332(d), Telecommunications Act of 1996, 47 U.S.C. § 151 et seq., Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993.

(B) "Commercial mobile radio service" or "CMRS" includes any wireless or two-way communication device that has the capability of connecting to a public safety answering point;

(8) "Dispatch center" means a public or private agency that dispatches public or private safety agencies but does not operate a public safety answering point;

(9) "Enhanced 911 network features" means those features of selective routing that have the capability of automatic number and location identification;

(10) (A) "Enhanced 911 system" means enhanced 911 service, which is a telephone exchange communications service consisting of telephone network features and public safety answering points designated by the chief executive that enables users of the public telephone system to access a public safety answering point by dialing the digits "911". (B) The enhanced 911 system directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification;

(A) "Enhanced 911 system" means enhanced 911 service, which is a telephone exchange communications service consisting of telephone network features and public safety answering points designated by the chief executive that enables users of the public telephone system to access a public safety answering point by dialing the digits "911".

(B) The enhanced 911 system directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification;

(11) (A) "ESINet" means a managed internet protocol network that is used for emergency services communications that can be shared by all public safety agencies and that provides the internet protocol transport infrastructure upon which independent application platforms and core services can be deployed, including without limitation those services necessary for providing next generation 911 services. (B) "ESINet" is the designation for the network, but not the services on the network;

(A) "ESINet" means a managed internet protocol network that is used for emergency services communications that can be shared by all public safety agencies and that provides the internet protocol transport infrastructure upon which independent application platforms and core services can be deployed, including without limitation those services necessary for providing next generation 911 services.

(B) "ESINet" is the designation for the network, but not the services on the network;

(12) "Exchange access facilities" means all lines provided by the service supplier for the provision of local exchange service;

(13) "Geographic information system" means a system for capturing, storing, displaying, analyzing, and managing data and associated attributes which are spatially referenced;

(14) "Governing authority" means county quorum courts and governing bodies of municipalities;

(15) "Next generation 911" means a secure, internet protocol-based, open standards system, composed of hardware, software, data, and operation policies and procedures, that: (A) Provides standardized interfaces from emergency call and message services to support emergency communications; (B) Processes all types of emergency calls, including voice, text, data, and multimedia information; (C) Acquires and integrates additional emergency call data useful to call routing and handling; (D) Delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities based on the location of the caller; (E) Supports data, video, and other communications needs for coordinated incident response and management; and (F) Interoperates with services and networks used by first responders to facilitate emergency response;

(A) Provides standardized interfaces from emergency call and message services to support emergency communications;

(B) Processes all types of emergency calls, including voice, text, data, and multimedia information;

(C) Acquires and integrates additional emergency call data useful to call routing and handling;

(D) Delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities based on the location of the caller;

(E) Supports data, video, and other communications needs for coordinated incident response and management; and

(F) Interoperates with services and networks used by first responders to facilitate emergency response;

(16) "Nontraditional phone service" means any service that: (A) Enables real-time voice communications from the user's location to customer premise equipment; (B) Permits users to receive calls that originate on the public switched telephone network or to terminate calls to the public switched telephone network; and (C) Has the capability of placing a 911 call;

(A) Enables real-time voice communications from the user's location to customer premise equipment;

(B) Permits users to receive calls that originate on the public switched telephone network or to terminate calls to the public switched telephone network; and

(C) Has the capability of placing a 911 call;

(17) "Nontraditional phone service connection" means each account or number assigned to a nontraditional phone service customer;

(18) (A) "Operating agency" means the public safety agency authorized and designated by the chief executive of the political subdivision to operate a public safety answering point. (B) Operating agencies are limited to offices of emergency services, fire departments, and law enforcement agencies of the political subdivisions;

(A) "Operating agency" means the public safety agency authorized and designated by the chief executive of the political subdivision to operate a public safety answering point.

(B) Operating agencies are limited to offices of emergency services, fire departments, and law enforcement agencies of the political subdivisions;

(19) "Prepaid wireless telecommunications service" means a prepaid wireless calling service as defined in § 26-52-314 ;

(20) "Private safety agency" means any entity, except a public safety agency, providing emergency fire, ambulance, or emergency medical services;

(21) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides firefighting, rescue, natural, or human-caused disaster or major emergency response, law enforcement, and ambulance or emergency medical services;

(22) "Public safety answering point" means the location at which all 911 communications are initially answered that is operated on a twenty-four-hour basis by an operating agency and dispatches two (2) or more public safety agencies;

(23) "Public safety officers" means specified personnel of public safety agencies;

(24) "Readiness costs" means equipment and payroll costs associated with equipment, call takers, and dispatchers on standby waiting for 911 calls;

(25) "Selective routing" means the method employed to direct 911 calls to the appropriate public safety answering point based on the geographical location from which the call originated;

(26) "Service supplier" means any person, company, or corporation, public or private, providing exchange telephone service, nontraditional phone service, voice over internet protocol service, or CMRS service throughout the political subdivision;

(27) "Service user" means any person, company, corporation, business, association, or party not exempt from county or municipal taxes or utility franchise assessments that is provided landline telephone service, CMRS service, voice over internet protocol service, or any nontraditional phone service with the capability of placing a 911 call in the political subdivision;

(28) "Short message service" means a service typically provided by mobile carriers that sends short messages to an endpoint;

(29) (A) "Tariff rate" means the rate or rates billed by a service supplier as stated in the service supplier's tariffs, price lists, customer contracts, or other methods of publishing service offerings that represent the service supplier's recurring charges for exchange access facilities, exclusive of all: (i) Taxes; (ii) Fees; (iii) Licenses; or (iv) Similar charges whatsoever. (B) The tariff rate per county may include extended service area charges only if an emergency telephone service charge has been levied in a county and a resolution of intent has been passed by a county's quorum court that defines tariff rate as being inclusive of extended service area charges;

(A) "Tariff rate" means the rate or rates billed by a service supplier as stated in the service supplier's tariffs, price lists, customer contracts, or other methods of publishing service offerings that represent the service supplier's recurring charges for exchange access facilities, exclusive of all: (i) Taxes; (ii) Fees; (iii) Licenses; or (iv) Similar charges whatsoever.

(i) Taxes;

(ii) Fees;

(iii) Licenses; or

(iv) Similar charges whatsoever.

(B) The tariff rate per county may include extended service area charges only if an emergency telephone service charge has been levied in a county and a resolution of intent has been passed by a county's quorum court that defines tariff rate as being inclusive of extended service area charges;

(30) "Telecommunicator" means a person employed by a public safety answering point or an emergency medical dispatcher service provider, or both, who is qualified to answer incoming emergency telephone calls or provide for the appropriate emergency response, or both, either directly or through communication with the appropriate public safety answering point;

(31) "Voice over internet protocol connection" means each account or number assigned to a voice over internet protocol customer;

(32) "Voice over internet protocol service" means any service that: (A) Enables real-time voice communications; (B) Requires a broadband connection from the user's location; (C) Requires internet protocol compatible customer premise equipment; (D) Permits users to receive calls that originate on the public switched telephone network or to terminate calls to the public switched telephone network; and (E) Has the capability of placing a 911 call; and

(A) Enables real-time voice communications;

(B) Requires a broadband connection from the user's location;

(C) Requires internet protocol compatible customer premise equipment;

(D) Permits users to receive calls that originate on the public switched telephone network or to terminate calls to the public switched telephone network; and

(E) Has the capability of placing a 911 call; and

(33) "Wireless telecommunications service provider" means a provider of commercial mobile radio services: (A) As defined in 47 U.S.C. § 332(b) , as it existed on January 1, 2006, including all broadband personal communications services, wireless radio telephone services, geographic-area-specialized and enhanced-specialized mobile radio services, and incumbent, wide area, specialized mobile radio licensees that offer real-time, two-way voice service interconnected with the public switched telephone network; and (B) That either: (i) Is doing business in the State of Arkansas; or (ii) May connect with a public safety answering point.

(A) As defined in 47 U.S.C. § 332(b) , as it existed on January 1, 2006, including all broadband personal communications services, wireless radio telephone services, geographic-area-specialized and enhanced-specialized mobile radio services, and incumbent, wide area, specialized mobile radio licensees that offer real-time, two-way voice service interconnected with the public switched telephone network; and

(B) That either: (i) Is doing business in the State of Arkansas; or (ii) May connect with a public safety answering point.

(i) Is doing business in the State of Arkansas; or

(ii) May connect with a public safety answering point.

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

Amended by Act 2015, No. 919,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 623,§ 2, eff. 1/1/2014.

Amended by Act 2013, No. 623,§ 1, eff. 1/1/2014.

Acts 1985, No. 683, § 3; A.S.A. 1947, § 73-1824; Acts 1997, No. 810, § 1; 2003, No. 668, § 1; 2007, No. 582, § 1; 2009, No. 1221, § 1.
Ark. Code Ann. § 12-75-128 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-128
Emergency responders - Immunities and exemptions
Status: in_force

(a) All functions under this chapter and all other activities relating to emergency management are declared to be governmental functions. (b) No emergency responder, except in cases of willful misconduct, gross negligence, or bad faith, when complying with or reasonably attempting to comply with this chapter, or any other rule or regulation promulgated pursuant to the provisions of this section or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity. (c) The immunity in subsection (b) of this section shall extend to both emergency responders who are employees and to qualified emergency responders who are volunteers. (d) The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled to under this chapter, under the Workers' Compensation Law, § 11-9-101 et seq., or under the retirement system laws of Arkansas nor the right of any such person to receive any benefits or compensation under any act of the United States Congress. (e) (1) Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who in the course of performing his or her duties as an emergency management worker practices the professional, mechanical, or other skill during an emergency. (2) (A) Subdivision (e)(1) of this section does not apply to a license issued to a health practitioner, as defined in § 12-87-102 . (B) However, a health practitioner license issued by another state is recognized in this state to the extent provided under this chapter, the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., the Uniform Emergency Volunteer Health Practitioners Act, § 12-87-101 et seq., and other laws of this state. (f) Any emergency responder performing emergency preparedness services at any place in this state pursuant to agreements, compacts, or arrangements for mutual aid and assistance, to which the state or a political subdivision of the state is a party, shall possess the same powers, duties, immunities, and privileges he or she would ordinarily possess if performing his or her duties in the state, province, or political subdivision of the state or province in which normally employed or rendering services. (g) (1) An emergency responder is not required by this chapter to possess a license, certificate, permit, or other official recognition for his or her expertise in a particular field or area of knowledge. (2) However, to the extent that an emergency responder engages in a professional activity that by law requires a license, certificate, permit, or other official recognition in order to engage in the professional activity, the emergency responder shall possess the appropriate professional license, certificate, permit, or other official recognition. Acts 1973, No. 511, § 16; 1981, No. 891, § 4; A.S.A. 1947, § 11-1949; Acts 2005, No. 1962, § 53; 2007, No. 197, § 19; 2009, No. 165, §§ 49-52; 2009, No. 432, § 2.

(a) All functions under this chapter and all other activities relating to emergency management are declared to be governmental functions.

(b) No emergency responder, except in cases of willful misconduct, gross negligence, or bad faith, when complying with or reasonably attempting to comply with this chapter, or any other rule or regulation promulgated pursuant to the provisions of this section or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity.

(c) The immunity in subsection (b) of this section shall extend to both emergency responders who are employees and to qualified emergency responders who are volunteers.

(d) The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled to under this chapter, under the Workers' Compensation Law, § 11-9-101 et seq., or under the retirement system laws of Arkansas nor the right of any such person to receive any benefits or compensation under any act of the United States Congress.

(e) (1) Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who in the course of performing his or her duties as an emergency management worker practices the professional, mechanical, or other skill during an emergency. (2) (A) Subdivision (e)(1) of this section does not apply to a license issued to a health practitioner, as defined in § 12-87-102 . (B) However, a health practitioner license issued by another state is recognized in this state to the extent provided under this chapter, the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., the Uniform Emergency Volunteer Health Practitioners Act, § 12-87-101 et seq., and other laws of this state.

(1) Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who in the course of performing his or her duties as an emergency management worker practices the professional, mechanical, or other skill during an emergency.

(2) (A) Subdivision (e)(1) of this section does not apply to a license issued to a health practitioner, as defined in § 12-87-102 . (B) However, a health practitioner license issued by another state is recognized in this state to the extent provided under this chapter, the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., the Uniform Emergency Volunteer Health Practitioners Act, § 12-87-101 et seq., and other laws of this state.

(A) Subdivision (e)(1) of this section does not apply to a license issued to a health practitioner, as defined in § 12-87-102 .

(B) However, a health practitioner license issued by another state is recognized in this state to the extent provided under this chapter, the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., the Uniform Emergency Volunteer Health Practitioners Act, § 12-87-101 et seq., and other laws of this state.

(f) Any emergency responder performing emergency preparedness services at any place in this state pursuant to agreements, compacts, or arrangements for mutual aid and assistance, to which the state or a political subdivision of the state is a party, shall possess the same powers, duties, immunities, and privileges he or she would ordinarily possess if performing his or her duties in the state, province, or political subdivision of the state or province in which normally employed or rendering services.

(g) (1) An emergency responder is not required by this chapter to possess a license, certificate, permit, or other official recognition for his or her expertise in a particular field or area of knowledge. (2) However, to the extent that an emergency responder engages in a professional activity that by law requires a license, certificate, permit, or other official recognition in order to engage in the professional activity, the emergency responder shall possess the appropriate professional license, certificate, permit, or other official recognition.

(1) An emergency responder is not required by this chapter to possess a license, certificate, permit, or other official recognition for his or her expertise in a particular field or area of knowledge.

(2) However, to the extent that an emergency responder engages in a professional activity that by law requires a license, certificate, permit, or other official recognition in order to engage in the professional activity, the emergency responder shall possess the appropriate professional license, certificate, permit, or other official recognition.

Acts 1973, No. 511, § 16; 1981, No. 891, § 4; A.S.A. 1947, § 11-1949; Acts 2005, No. 1962, § 53; 2007, No. 197, § 19; 2009, No. 165, §§ 49-52; 2009, No. 432, § 2.
Ark. Code Ann. § 12-8-603 — AR Code / Title 12 / Chapter 8 / Subchapter 5-d-1 / Section 12-8-603
Definitions
Status: in_force

As used in this subchapter: (1) "Acquire" means to acquire by purchase or otherwise, construct, repair, alter, install, restore, or place on land or in a building or motor vehicle by negotiation or bidding on terms and conditions that: (A) Are determined by the Arkansas State Police Commission to be in the best interests of the Division of Arkansas State Police; and (B) Will most effectively serve the purposes of this subchapter; (2) "Communication and information technology equipment" means: (A) Wireless data and related technologies equipment, including without limitation workstations, modems, and other vehicle-based equipment, network controllers, computer-aided dispatch equipment, central information services sites with related server computers and controllers, software and information support; (B) Furnishings and fixtures used in connection with the operation of equipment described in subdivision (2)(A) of this section; and (C) Other equipment, property, and items determined by the commission to be necessary to accomplish the purpose of this subchapter; (3) "Cost" means the costs related to a headquarters facility or communication and information technology equipment, including without limitation the following: (A) The costs of the acquisition of communication and information technology equipment and the related costs, including without limitation engineering, architectural, consulting, and related services; (B) The cost of acquiring an interest in real estate for the location of a headquarters facility that provides necessary or recommended access or buffer zones or that facilitates the delivery of utility services and the related costs, including without limitation engineering, architectural, consulting, and related services; (C) The cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and revenues; (D) Other expenses necessary or incident to planning, providing, or determining the need for or the feasibility of the headquarters facility or communication and information technology equipment; (E) The costs of related software for the operation and support of the communication and information technology equipment; (F) The costs of database development and other information sources and the training required for the efficient use of communication and information technology equipment; and (G) The costs paid or incurred in connection with the issuance of bonds by the Arkansas Development Finance Authority to finance the acquisition, development, upgrade, improvement, or expansion of a headquarters facility or communication and information technology equipment; (4) "Debt service payment" means a payment to be made by the division from pledged revenues or other legally available sources to secure and provide for payments due on any bonds or other obligations issued by the authority to accomplish the purposes of this subchapter; (5) "Financing documents" means a note and mortgage, loan agreement, lease purchase agreement, trust indenture, and related documents executed in connection with the issuance of bonds by the authority to finance headquarters facilities or communication and information technology equipment; (6) "Headquarters facility" means part or all of one (1) or more items or properties used by the division to accomplish or facilitate its purposes, including without limitation: (A) Land, buildings, fixtures, infrastructure, improvements, furniture, equipment, software, and personal property necessary or convenient to the land, buildings, fixtures, infrastructure, improvements, furniture, equipment, and software; and (B) Engineering, design, construction, or architectural plans related to a property used by the division; (7) "Pledged revenues" means the fees generated under § 27-16-801(a) and § 27-23-118(a)(3) that may be pledged for the security and payment of debt service payments under this subchapter; and (8) "Purchase agreement" means an agreement entered into by the commission with a vendor to acquire a headquarters facility or communication and information technology equipment. Amended by Act 2019, No. 910,§ 5804, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5803, eff. 7/1/2019. Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.

As used in this subchapter:

(1) "Acquire" means to acquire by purchase or otherwise, construct, repair, alter, install, restore, or place on land or in a building or motor vehicle by negotiation or bidding on terms and conditions that: (A) Are determined by the Arkansas State Police Commission to be in the best interests of the Division of Arkansas State Police; and (B) Will most effectively serve the purposes of this subchapter;

(A) Are determined by the Arkansas State Police Commission to be in the best interests of the Division of Arkansas State Police; and

(B) Will most effectively serve the purposes of this subchapter;

(2) "Communication and information technology equipment" means: (A) Wireless data and related technologies equipment, including without limitation workstations, modems, and other vehicle-based equipment, network controllers, computer-aided dispatch equipment, central information services sites with related server computers and controllers, software and information support; (B) Furnishings and fixtures used in connection with the operation of equipment described in subdivision (2)(A) of this section; and (C) Other equipment, property, and items determined by the commission to be necessary to accomplish the purpose of this subchapter;

(A) Wireless data and related technologies equipment, including without limitation workstations, modems, and other vehicle-based equipment, network controllers, computer-aided dispatch equipment, central information services sites with related server computers and controllers, software and information support;

(B) Furnishings and fixtures used in connection with the operation of equipment described in subdivision (2)(A) of this section; and

(C) Other equipment, property, and items determined by the commission to be necessary to accomplish the purpose of this subchapter;

(3) "Cost" means the costs related to a headquarters facility or communication and information technology equipment, including without limitation the following: (A) The costs of the acquisition of communication and information technology equipment and the related costs, including without limitation engineering, architectural, consulting, and related services; (B) The cost of acquiring an interest in real estate for the location of a headquarters facility that provides necessary or recommended access or buffer zones or that facilitates the delivery of utility services and the related costs, including without limitation engineering, architectural, consulting, and related services; (C) The cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and revenues; (D) Other expenses necessary or incident to planning, providing, or determining the need for or the feasibility of the headquarters facility or communication and information technology equipment; (E) The costs of related software for the operation and support of the communication and information technology equipment; (F) The costs of database development and other information sources and the training required for the efficient use of communication and information technology equipment; and (G) The costs paid or incurred in connection with the issuance of bonds by the Arkansas Development Finance Authority to finance the acquisition, development, upgrade, improvement, or expansion of a headquarters facility or communication and information technology equipment;

(A) The costs of the acquisition of communication and information technology equipment and the related costs, including without limitation engineering, architectural, consulting, and related services;

(B) The cost of acquiring an interest in real estate for the location of a headquarters facility that provides necessary or recommended access or buffer zones or that facilitates the delivery of utility services and the related costs, including without limitation engineering, architectural, consulting, and related services;

(C) The cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and revenues;

(D) Other expenses necessary or incident to planning, providing, or determining the need for or the feasibility of the headquarters facility or communication and information technology equipment;

(E) The costs of related software for the operation and support of the communication and information technology equipment;

(F) The costs of database development and other information sources and the training required for the efficient use of communication and information technology equipment; and

(G) The costs paid or incurred in connection with the issuance of bonds by the Arkansas Development Finance Authority to finance the acquisition, development, upgrade, improvement, or expansion of a headquarters facility or communication and information technology equipment;

(4) "Debt service payment" means a payment to be made by the division from pledged revenues or other legally available sources to secure and provide for payments due on any bonds or other obligations issued by the authority to accomplish the purposes of this subchapter;

(5) "Financing documents" means a note and mortgage, loan agreement, lease purchase agreement, trust indenture, and related documents executed in connection with the issuance of bonds by the authority to finance headquarters facilities or communication and information technology equipment;

(6) "Headquarters facility" means part or all of one (1) or more items or properties used by the division to accomplish or facilitate its purposes, including without limitation: (A) Land, buildings, fixtures, infrastructure, improvements, furniture, equipment, software, and personal property necessary or convenient to the land, buildings, fixtures, infrastructure, improvements, furniture, equipment, and software; and (B) Engineering, design, construction, or architectural plans related to a property used by the division;

(A) Land, buildings, fixtures, infrastructure, improvements, furniture, equipment, software, and personal property necessary or convenient to the land, buildings, fixtures, infrastructure, improvements, furniture, equipment, and software; and

(B) Engineering, design, construction, or architectural plans related to a property used by the division;

(7) "Pledged revenues" means the fees generated under § 27-16-801(a) and § 27-23-118(a)(3) that may be pledged for the security and payment of debt service payments under this subchapter; and

(8) "Purchase agreement" means an agreement entered into by the commission with a vendor to acquire a headquarters facility or communication and information technology equipment.

Amended by Act 2019, No. 910,§ 5804, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5803, eff. 7/1/2019.

Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.
Ark. Code Ann. § 12-18-402 — AR Code / Title 12 / Chapter 18 / Subchapter 4 / Section 12-18-402
Mandated reporters
Status: in_force

(a) An individual listed as a mandated reporter under subsection (b) of this section shall immediately notify the Child Abuse Hotline if he or she: (1) Has reasonable cause to suspect that a child has: (A) Been subjected to child maltreatment; (B) Died as a result of child maltreatment; or (C) Died suddenly and unexpectedly; or (2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment. (b) The following individuals are mandated reporters under this chapter: (1) A childcare worker or foster care worker; (2) A coroner; (3) A daycare center worker; (4) A dentist; (5) A dental hygienist; (6) A domestic abuse advocate; (7) A domestic violence shelter employee; (8) A domestic violence shelter volunteer; (9) An employee of the Department of Human Services; (10) An employee working under contract for, or a contractor of, the Department of Human Services when acting within the scope of his or her contract or employment; (11) A foster parent; (12) A judge; (13) A law enforcement official; (14) A licensed nurse; (15) Medical personnel who may be engaged in the admission, examination, care, or treatment of persons; (16) A mental health professional or paraprofessional; (17) An osteopath; (18) A peace officer; (19) A physician; (20) A prosecuting attorney; (21) A resident intern; (22) A full-time or part-time employee of a public school or private school, including without limitation: (A) A school counselor; (B) A school official; (C) A teacher; (D) A coach or director of a public or private athletic organization, team, or club; and (E) A coach or director of a public or private nonathletic organization, team, or club; (23) A person who is at least twenty-one (21) years of age and volunteers in a public school or private school: (A) As a coach or director of a public or private athletic organization, team, or club; or (B) As a coach or director of a public or private nonathletic organization, team, or club; (24) A person employed as a school official in an institution of higher education; (25) A social worker; (26) A surgeon; (27) A court-appointed special advocate program staff member or volunteer; (28) A juvenile intake or probation officer; (29) A clergy member, which includes a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him or her, except to the extent the clergy member: (A) Has acquired knowledge of suspected child maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or (B) Received the knowledge of the suspected child maltreatment from the alleged offender in the context of a statement of admission; (30) An employee of a child advocacy center or a child safety center; (31) An attorney ad litem in the course of his or her duties as an attorney ad litem; (32) (A) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc. (B) A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency; (33) A rape crisis advocate or rape crisis volunteer; (34) (A) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc. (B) A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency; (35) A victim/witness coordinator; (36) A victim assistance professional or victim assistance volunteer; (37) An employee of the Crimes Against Children Division of the Division of Arkansas State Police; (38) An employee of a reproductive healthcare facility; (39) A volunteer at a reproductive healthcare facility; (40) An individual not otherwise identified in this subsection who is engaged in performing his or her employment duties with a nonprofit charitable organization other than a nonprofit hospital; (41) A Child Welfare Ombudsman; (42) A licensed massage therapist; and (43) A person who is eighteen (18) years of age or older and observes abuse, sexual abuse, or sexual exploitation of a child. (c) (1) A privilege or contract shall not prevent a person from reporting child maltreatment when he or she is a mandated reporter and required to report under this section. (2) An employer or supervisor of an employee identified as a mandated reporter shall not prohibit an employee or a volunteer from directly reporting child maltreatment to the Child Abuse Hotline. (3) An employer or supervisor of an employee identified as a mandated reporter shall not require an employee or a volunteer to obtain permission or notify any person, including an employee or a supervisor, before reporting child maltreatment to the Child Abuse Hotline. (d) A mandated reporter who in good faith notifies the Child Abuse Hotline in accordance with subsection (a) of this section is immune from civil and criminal liability. Amended by Act 2023, No. 727,§ 8, eff. 8/1/2023. Amended by Act 2023, No. 531,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 556,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 531,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 186,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 945,§ 5, eff. 7/1/2019. Amended by Act 2017, No. 250,§ 12, eff. 8/1/2017. Amended by Act 2015, No. 1211,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 1056,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1086,§ 8, eff. 8/16/2013. Amended by Act 2013, No. 1086,§ 7, eff. 8/16/2013. Amended by Act 2013, No. 725,§ 7, eff. 8/16/2013. Acts 2009, No. 749, § 1; 2009, No. 1409, § 1; 2011, No. 1143, § 8.

(a) An individual listed as a mandated reporter under subsection (b) of this section shall immediately notify the Child Abuse Hotline if he or she: (1) Has reasonable cause to suspect that a child has: (A) Been subjected to child maltreatment; (B) Died as a result of child maltreatment; or (C) Died suddenly and unexpectedly; or (2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.

(1) Has reasonable cause to suspect that a child has: (A) Been subjected to child maltreatment; (B) Died as a result of child maltreatment; or (C) Died suddenly and unexpectedly; or

(A) Been subjected to child maltreatment;

(B) Died as a result of child maltreatment; or

(C) Died suddenly and unexpectedly; or

(2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.

(b) The following individuals are mandated reporters under this chapter: (1) A childcare worker or foster care worker; (2) A coroner; (3) A daycare center worker; (4) A dentist; (5) A dental hygienist; (6) A domestic abuse advocate; (7) A domestic violence shelter employee; (8) A domestic violence shelter volunteer; (9) An employee of the Department of Human Services; (10) An employee working under contract for, or a contractor of, the Department of Human Services when acting within the scope of his or her contract or employment; (11) A foster parent; (12) A judge; (13) A law enforcement official; (14) A licensed nurse; (15) Medical personnel who may be engaged in the admission, examination, care, or treatment of persons; (16) A mental health professional or paraprofessional; (17) An osteopath; (18) A peace officer; (19) A physician; (20) A prosecuting attorney; (21) A resident intern; (22) A full-time or part-time employee of a public school or private school, including without limitation: (A) A school counselor; (B) A school official; (C) A teacher; (D) A coach or director of a public or private athletic organization, team, or club; and (E) A coach or director of a public or private nonathletic organization, team, or club; (23) A person who is at least twenty-one (21) years of age and volunteers in a public school or private school: (A) As a coach or director of a public or private athletic organization, team, or club; or (B) As a coach or director of a public or private nonathletic organization, team, or club; (24) A person employed as a school official in an institution of higher education; (25) A social worker; (26) A surgeon; (27) A court-appointed special advocate program staff member or volunteer; (28) A juvenile intake or probation officer; (29) A clergy member, which includes a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him or her, except to the extent the clergy member: (A) Has acquired knowledge of suspected child maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or (B) Received the knowledge of the suspected child maltreatment from the alleged offender in the context of a statement of admission; (30) An employee of a child advocacy center or a child safety center; (31) An attorney ad litem in the course of his or her duties as an attorney ad litem; (32) (A) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc. (B) A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency; (33) A rape crisis advocate or rape crisis volunteer; (34) (A) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc. (B) A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency; (35) A victim/witness coordinator; (36) A victim assistance professional or victim assistance volunteer; (37) An employee of the Crimes Against Children Division of the Division of Arkansas State Police; (38) An employee of a reproductive healthcare facility; (39) A volunteer at a reproductive healthcare facility; (40) An individual not otherwise identified in this subsection who is engaged in performing his or her employment duties with a nonprofit charitable organization other than a nonprofit hospital; (41) A Child Welfare Ombudsman; (42) A licensed massage therapist; and (43) A person who is eighteen (18) years of age or older and observes abuse, sexual abuse, or sexual exploitation of a child.

(1) A childcare worker or foster care worker;

(2) A coroner;

(3) A daycare center worker;

(4) A dentist;

(5) A dental hygienist;

(6) A domestic abuse advocate;

(7) A domestic violence shelter employee;

(8) A domestic violence shelter volunteer;

(9) An employee of the Department of Human Services;

(10) An employee working under contract for, or a contractor of, the Department of Human Services when acting within the scope of his or her contract or employment;

(11) A foster parent;

(12) A judge;

(13) A law enforcement official;

(14) A licensed nurse;

(15) Medical personnel who may be engaged in the admission, examination, care, or treatment of persons;

(16) A mental health professional or paraprofessional;

(17) An osteopath;

(18) A peace officer;

(19) A physician;

(20) A prosecuting attorney;

(21) A resident intern;

(22) A full-time or part-time employee of a public school or private school, including without limitation: (A) A school counselor; (B) A school official; (C) A teacher; (D) A coach or director of a public or private athletic organization, team, or club; and (E) A coach or director of a public or private nonathletic organization, team, or club;

(A) A school counselor;

(B) A school official;

(C) A teacher;

(D) A coach or director of a public or private athletic organization, team, or club; and

(E) A coach or director of a public or private nonathletic organization, team, or club;

(23) A person who is at least twenty-one (21) years of age and volunteers in a public school or private school: (A) As a coach or director of a public or private athletic organization, team, or club; or (B) As a coach or director of a public or private nonathletic organization, team, or club;

(A) As a coach or director of a public or private athletic organization, team, or club; or

(B) As a coach or director of a public or private nonathletic organization, team, or club;

(24) A person employed as a school official in an institution of higher education;

(25) A social worker;

(26) A surgeon;

(27) A court-appointed special advocate program staff member or volunteer;

(28) A juvenile intake or probation officer;

(29) A clergy member, which includes a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him or her, except to the extent the clergy member: (A) Has acquired knowledge of suspected child maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or (B) Received the knowledge of the suspected child maltreatment from the alleged offender in the context of a statement of admission;

(A) Has acquired knowledge of suspected child maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or

(B) Received the knowledge of the suspected child maltreatment from the alleged offender in the context of a statement of admission;

(30) An employee of a child advocacy center or a child safety center;

(31) An attorney ad litem in the course of his or her duties as an attorney ad litem;

(32) (A) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc. (B) A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

(A) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc.

(B) A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

(33) A rape crisis advocate or rape crisis volunteer;

(34) (A) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc. (B) A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

(A) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as Safe Place, United Family Services, Inc., or Centers for Youth and Families, Inc.

(B) A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

(35) A victim/witness coordinator;

(36) A victim assistance professional or victim assistance volunteer;

(37) An employee of the Crimes Against Children Division of the Division of Arkansas State Police;

(38) An employee of a reproductive healthcare facility;

(39) A volunteer at a reproductive healthcare facility;

(40) An individual not otherwise identified in this subsection who is engaged in performing his or her employment duties with a nonprofit charitable organization other than a nonprofit hospital;

(41) A Child Welfare Ombudsman;

(42) A licensed massage therapist; and

(43) A person who is eighteen (18) years of age or older and observes abuse, sexual abuse, or sexual exploitation of a child.

(c) (1) A privilege or contract shall not prevent a person from reporting child maltreatment when he or she is a mandated reporter and required to report under this section. (2) An employer or supervisor of an employee identified as a mandated reporter shall not prohibit an employee or a volunteer from directly reporting child maltreatment to the Child Abuse Hotline. (3) An employer or supervisor of an employee identified as a mandated reporter shall not require an employee or a volunteer to obtain permission or notify any person, including an employee or a supervisor, before reporting child maltreatment to the Child Abuse Hotline.

(1) A privilege or contract shall not prevent a person from reporting child maltreatment when he or she is a mandated reporter and required to report under this section.

(2) An employer or supervisor of an employee identified as a mandated reporter shall not prohibit an employee or a volunteer from directly reporting child maltreatment to the Child Abuse Hotline.

(3) An employer or supervisor of an employee identified as a mandated reporter shall not require an employee or a volunteer to obtain permission or notify any person, including an employee or a supervisor, before reporting child maltreatment to the Child Abuse Hotline.

(d) A mandated reporter who in good faith notifies the Child Abuse Hotline in accordance with subsection (a) of this section is immune from civil and criminal liability.

Amended by Act 2023, No. 727,§ 8, eff. 8/1/2023.

Amended by Act 2023, No. 531,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 556,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 531,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 186,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 945,§ 5, eff. 7/1/2019.

Amended by Act 2017, No. 250,§ 12, eff. 8/1/2017.

Amended by Act 2015, No. 1211,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 1056,§ 1, eff. 7/22/2015.

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

Amended by Act 2013, No. 1086,§ 7, eff. 8/16/2013.

Amended by Act 2013, No. 725,§ 7, eff. 8/16/2013.

Acts 2009, No. 749, § 1; 2009, No. 1409, § 1; 2011, No. 1143, § 8.
Ark. Code Ann. § 12-12-405 — AR Code / Title 12 / Chapter 12 / Subchapter 4 / Section 12-12-405
License suspension or revocation
Status: in_force

Noncompliance with the provisions of this subchapter is grounds for licensure suspension or revocation pursuant to the provisions of § 20-9-215 or any other provisions governing the licensure of healthcare providers. Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021. Acts 1991, No. 612, § 3; 2001, No. 993, § 5.

Noncompliance with the provisions of this subchapter is grounds for licensure suspension or revocation pursuant to the provisions of § 20-9-215 or any other provisions governing the licensure of healthcare providers.

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

Acts 1991, No. 612, § 3; 2001, No. 993, § 5.