Ark. Code Ann. § 12-10-205 — AR Code / Title 12 / Chapter 10 / Subchapter 2 / Section 12-10-205
Frequency allocation
Status: in_force

(a) The assigned county operating frequency will be used for: (1) Base-to-mobile and mobile-to-mobile unit transmissions within each county; (2) Base-to-base radio transmissions within those counties which have more than one (1) base station operating on the county frequency; (3) Emergency transmission using a 10-33 code within each county when assistance from other counties or the Department of Arkansas State Police is not needed; and (4) (A) With permission of the county sheriffs concerned, adjacent counties may allow each other's mobile units to install, receive, and transmit crystals and operate, when necessary, on each other's assigned county operating frequency. (B) In lieu of the preceding, adjacent county law enforcement mobile units may install receivers or scanners on each other's assigned county frequency in order to have cross band communication capability with each other. (b) The statewide base-to-base frequency, thirty-seven and two tenths megahertz (37.20 MHz), will be used for: (1) All routine base-to-base law enforcement radio transmissions between city and county and law enforcement agencies located in different counties. It can also be used for a base-to-base radio transmission in the same county when necessary; and (2) Routine access to the nearest state police district headquarters and the nearest national crime information center or criminal justice information system computer terminal. (c) (1) The statewide emergency frequency, thirty-seven and twenty-four hundredths megahertz (37.24 MHz), will be used under special conditions found in § 12-10-204 and when radio contact between various law enforcement base stations or mobile units is mandatory for the preservation of peace or the protection of life and property. (2) The statewide emergency frequency may be used by law enforcement agencies within their assigned jurisdiction in the event of a breakdown on the county operating frequency or the statewide base-to-base frequency, only as an interim measure in lieu of the assigned county operating frequency or the statewide base-to-base frequency, if all three (3) of the following conditions are met: (A) The breakdown has occurred on a base station. Mobile unit breakdowns on the county frequency will not be cause for use of the emergency frequency; (B) Maximum efforts are exerted in getting the broken-down base station back on the air; and (C) All surrounding counties are to be advised as to why the emergency frequency is being used in lieu of the county operating frequency or statewide base-to-base frequency and an approximate time as to when this condition will be corrected. Acts 1979, No. 520, § 2; A.S.A. 1947, § 42-1102.

(a) The assigned county operating frequency will be used for: (1) Base-to-mobile and mobile-to-mobile unit transmissions within each county; (2) Base-to-base radio transmissions within those counties which have more than one (1) base station operating on the county frequency; (3) Emergency transmission using a 10-33 code within each county when assistance from other counties or the Department of Arkansas State Police is not needed; and (4) (A) With permission of the county sheriffs concerned, adjacent counties may allow each other's mobile units to install, receive, and transmit crystals and operate, when necessary, on each other's assigned county operating frequency. (B) In lieu of the preceding, adjacent county law enforcement mobile units may install receivers or scanners on each other's assigned county frequency in order to have cross band communication capability with each other.

(1) Base-to-mobile and mobile-to-mobile unit transmissions within each county;

(2) Base-to-base radio transmissions within those counties which have more than one (1) base station operating on the county frequency;

(3) Emergency transmission using a 10-33 code within each county when assistance from other counties or the Department of Arkansas State Police is not needed; and

(4) (A) With permission of the county sheriffs concerned, adjacent counties may allow each other's mobile units to install, receive, and transmit crystals and operate, when necessary, on each other's assigned county operating frequency. (B) In lieu of the preceding, adjacent county law enforcement mobile units may install receivers or scanners on each other's assigned county frequency in order to have cross band communication capability with each other.

(A) With permission of the county sheriffs concerned, adjacent counties may allow each other's mobile units to install, receive, and transmit crystals and operate, when necessary, on each other's assigned county operating frequency.

(B) In lieu of the preceding, adjacent county law enforcement mobile units may install receivers or scanners on each other's assigned county frequency in order to have cross band communication capability with each other.

(b) The statewide base-to-base frequency, thirty-seven and two tenths megahertz (37.20 MHz), will be used for: (1) All routine base-to-base law enforcement radio transmissions between city and county and law enforcement agencies located in different counties. It can also be used for a base-to-base radio transmission in the same county when necessary; and (2) Routine access to the nearest state police district headquarters and the nearest national crime information center or criminal justice information system computer terminal.

(1) All routine base-to-base law enforcement radio transmissions between city and county and law enforcement agencies located in different counties. It can also be used for a base-to-base radio transmission in the same county when necessary; and

(2) Routine access to the nearest state police district headquarters and the nearest national crime information center or criminal justice information system computer terminal.

(c) (1) The statewide emergency frequency, thirty-seven and twenty-four hundredths megahertz (37.24 MHz), will be used under special conditions found in § 12-10-204 and when radio contact between various law enforcement base stations or mobile units is mandatory for the preservation of peace or the protection of life and property. (2) The statewide emergency frequency may be used by law enforcement agencies within their assigned jurisdiction in the event of a breakdown on the county operating frequency or the statewide base-to-base frequency, only as an interim measure in lieu of the assigned county operating frequency or the statewide base-to-base frequency, if all three (3) of the following conditions are met: (A) The breakdown has occurred on a base station. Mobile unit breakdowns on the county frequency will not be cause for use of the emergency frequency; (B) Maximum efforts are exerted in getting the broken-down base station back on the air; and (C) All surrounding counties are to be advised as to why the emergency frequency is being used in lieu of the county operating frequency or statewide base-to-base frequency and an approximate time as to when this condition will be corrected.

(1) The statewide emergency frequency, thirty-seven and twenty-four hundredths megahertz (37.24 MHz), will be used under special conditions found in § 12-10-204 and when radio contact between various law enforcement base stations or mobile units is mandatory for the preservation of peace or the protection of life and property.

(2) The statewide emergency frequency may be used by law enforcement agencies within their assigned jurisdiction in the event of a breakdown on the county operating frequency or the statewide base-to-base frequency, only as an interim measure in lieu of the assigned county operating frequency or the statewide base-to-base frequency, if all three (3) of the following conditions are met: (A) The breakdown has occurred on a base station. Mobile unit breakdowns on the county frequency will not be cause for use of the emergency frequency; (B) Maximum efforts are exerted in getting the broken-down base station back on the air; and (C) All surrounding counties are to be advised as to why the emergency frequency is being used in lieu of the county operating frequency or statewide base-to-base frequency and an approximate time as to when this condition will be corrected.

(A) The breakdown has occurred on a base station. Mobile unit breakdowns on the county frequency will not be cause for use of the emergency frequency;

(B) Maximum efforts are exerted in getting the broken-down base station back on the air; and

(C) All surrounding counties are to be advised as to why the emergency frequency is being used in lieu of the county operating frequency or statewide base-to-base frequency and an approximate time as to when this condition will be corrected.

Acts 1979, No. 520, § 2; A.S.A. 1947, § 42-1102.
Ark. Code Ann. § 12-10-307 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-307
[Repealed]
Status: repealed

Repealed by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828.

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

Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828.
Ark. Code Ann. § 12-64-702 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-702
General court-martial records
Status: in_force

The convening authority shall refer the record of each general court-martial to the State Judge Advocate, who shall submit his or her written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction. Acts 1969, No. 50, § 107; A.S.A. 1947, § 11-662.

The convening authority shall refer the record of each general court-martial to the State Judge Advocate, who shall submit his or her written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.

Acts 1969, No. 50, § 107; A.S.A. 1947, § 11-662.
Ark. Code Ann. § 12-77-105 — AR Code / Title 12 / Chapter 77 / Section 12-77-105
Purpose
Status: in_force

The purpose of this section and §§ 12-77-106 and 12-77-107 is to: (1) Increase disaster preparedness in Arkansas; and (2) Increase earthquake preparedness in all areas along the New Madrid Fault that have significant earthquake risk but a low level of public awareness. Acts 2009, No. 711, § 2.

The purpose of this section and §§ 12-77-106 and 12-77-107 is to:

(1) Increase disaster preparedness in Arkansas; and

(2) Increase earthquake preparedness in all areas along the New Madrid Fault that have significant earthquake risk but a low level of public awareness.

Acts 2009, No. 711, § 2.
Ark. Code Ann. § 12-64-838 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-838
Riot or breach of peace
Status: in_force

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct. Acts 1969, No. 50, § 156; A.S.A. 1947, § 11-738.

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 156; A.S.A. 1947, § 11-738.
Ark. Code Ann. § 12-30-203 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-203
Establishment of prison industries
Status: in_force

The Board of Corrections may purchase, in the manner provided by law, equipment, raw materials, and supplies and engage supervisory personnel necessary to establish and maintain for this state, at the Division of Correction or institution under control of the board, industries for the utilization of services of prisoners in the manufacture or production of articles or products as may be needed for the construction, operation, maintenance, or use of any office, department, division, institution, or agency supported, in whole or in part, by this state and the political subdivisions of this state. Amended by Act 2019, No. 910,§ 817, eff. 7/1/2019. Amended by Act 2013, No. 1277,§ 3, eff. 8/16/2013. Acts 1967, No. 473, § 3; A.S.A. 1947, § 46-236.

The Board of Corrections may purchase, in the manner provided by law, equipment, raw materials, and supplies and engage supervisory personnel necessary to establish and maintain for this state, at the Division of Correction or institution under control of the board, industries for the utilization of services of prisoners in the manufacture or production of articles or products as may be needed for the construction, operation, maintenance, or use of any office, department, division, institution, or agency supported, in whole or in part, by this state and the political subdivisions of this state.

Amended by Act 2019, No. 910,§ 817, eff. 7/1/2019.

Amended by Act 2013, No. 1277,§ 3, eff. 8/16/2013.

Acts 1967, No. 473, § 3; A.S.A. 1947, § 46-236.
Ark. Code Ann. § 12-18-811 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-811
Expedited administrative hearings - Definition
Status: in_force

(a) (1) If an alleged offender timely requests an administrative hearing, the Department of Human Services and the Department of Arkansas State Police may request that the administrative hearing be expedited if the alleged offender is engaged in child-related activities or employment or the alleged offender is employed or a volunteer with persons with disabilities, persons with mental illnesses, or elderly persons. (2) The alleged offender shall have five (5) days from date of receipt of the request for an expedited administrative hearing to object to any request to expedite the administrative hearing. (b) The expedited administrative hearing shall be granted if any of the following are at risk because of the alleged offender's employment or volunteer activities: (1) Children; (2) The elderly; or (3) Persons with disabilities or mental illnesses. (c) If the administrative hearing is expedited, the Department of Human Services and the Department of Arkansas State Police shall immediately make the investigative file available to the alleged offender. (d) (1) The Department of Human Services and the Department of Arkansas State Police may charge: (A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and (B) A reasonable fee for reproducing copies of electronic media, such as audio tapes, video tapes, compact discs, DVDs, and photographs. (2) A fee shall not be charged to a person who is indigent. (e) (1) Unless waived by the alleged offender, the expedited administrative hearing process shall not be held until at least thirty (30) days have elapsed after the investigative file is made available to the alleged offender. (2) As used in this section, "made available" means notification to the offender or his or her attorney that a copy of the investigative record is available for pickup at the Department of Human Services office in the county in which the alleged offender resides or in the Department of Human Services office in the county designated by the alleged offender or his or her attorney. Amended by Act 2015, No. 1004,§ 28, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 25, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) (1) If an alleged offender timely requests an administrative hearing, the Department of Human Services and the Department of Arkansas State Police may request that the administrative hearing be expedited if the alleged offender is engaged in child-related activities or employment or the alleged offender is employed or a volunteer with persons with disabilities, persons with mental illnesses, or elderly persons. (2) The alleged offender shall have five (5) days from date of receipt of the request for an expedited administrative hearing to object to any request to expedite the administrative hearing.

(1) If an alleged offender timely requests an administrative hearing, the Department of Human Services and the Department of Arkansas State Police may request that the administrative hearing be expedited if the alleged offender is engaged in child-related activities or employment or the alleged offender is employed or a volunteer with persons with disabilities, persons with mental illnesses, or elderly persons.

(2) The alleged offender shall have five (5) days from date of receipt of the request for an expedited administrative hearing to object to any request to expedite the administrative hearing.

(b) The expedited administrative hearing shall be granted if any of the following are at risk because of the alleged offender's employment or volunteer activities: (1) Children; (2) The elderly; or (3) Persons with disabilities or mental illnesses.

(1) Children;

(2) The elderly; or

(3) Persons with disabilities or mental illnesses.

(c) If the administrative hearing is expedited, the Department of Human Services and the Department of Arkansas State Police shall immediately make the investigative file available to the alleged offender.

(d) (1) The Department of Human Services and the Department of Arkansas State Police may charge: (A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and (B) A reasonable fee for reproducing copies of electronic media, such as audio tapes, video tapes, compact discs, DVDs, and photographs. (2) A fee shall not be charged to a person who is indigent.

(1) The Department of Human Services and the Department of Arkansas State Police may charge: (A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and (B) A reasonable fee for reproducing copies of electronic media, such as audio tapes, video tapes, compact discs, DVDs, and photographs.

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

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

(2) A fee shall not be charged to a person who is indigent.

(e) (1) Unless waived by the alleged offender, the expedited administrative hearing process shall not be held until at least thirty (30) days have elapsed after the investigative file is made available to the alleged offender. (2) As used in this section, "made available" means notification to the offender or his or her attorney that a copy of the investigative record is available for pickup at the Department of Human Services office in the county in which the alleged offender resides or in the Department of Human Services office in the county designated by the alleged offender or his or her attorney.

(1) Unless waived by the alleged offender, the expedited administrative hearing process shall not be held until at least thirty (30) days have elapsed after the investigative file is made available to the alleged offender.

(2) As used in this section, "made available" means notification to the offender or his or her attorney that a copy of the investigative record is available for pickup at the Department of Human Services office in the county in which the alleged offender resides or in the Department of Human Services office in the county designated by the alleged offender or his or her attorney.

Amended by Act 2015, No. 1004,§ 28, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 25, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-50-110 — AR Code / Title 12 / Chapter 50 / Section 12-50-110
Hiring preference
Status: in_force

State and political subdivision employees whose employment becomes subject to a contract with a private prison contractor shall be given a hiring preference for available positions for which they qualify by the private prison contractor. Acts 1987, No. 427, § 10.

State and political subdivision employees whose employment becomes subject to a contract with a private prison contractor shall be given a hiring preference for available positions for which they qualify by the private prison contractor.

Acts 1987, No. 427, § 10.
Ark. Code Ann. § 12-12-1403 — AR Code / Title 12 / Chapter 12 / Subchapter 14 / Section 12-12-1403
Policies
Status: in_force

(a) The Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, all county sheriffs' departments, municipal police departments, constables, and all other law enforcement agencies of this state shall adopt a written policy that: (1) Prohibits racial profiling as defined in § 12-12-1401 ; (2) Requires that law enforcement officers have reasonable suspicion prior to a stop, arrest, or detention; (3) Defines reasonable suspicion to ensure that individuals are stopped for valid reasons and that race, ethnicity, national origin, or religion is not the basis for stops for violations for which nongroup members would not be stopped; (4) Requires law enforcement officers to identify themselves by full name and jurisdiction and state the reason for the stop and when possible present written identification; (5) Provides for a systematic review process by supervising personnel within a department or law enforcement agency for investigating allegations of racial profiling to determine whether any officers of the law enforcement agency have a pattern of stopping or searching persons, and if the review reveals a pattern, requires an investigation to determine whether a trend is present indicating that an officer may be using race, ethnicity, national origin, or religion as a basis for investigating other violations of criminal law; (6) When a supervisor or other reviewer has detected a pattern of racial profiling, provides timely assistance, remediation, or discipline for individual law enforcement officers who have been found to be profiling by race, ethnicity, national origin, or religion; (7) Ensures that supervisors will not retaliate against officers who report racial profiling by others; and (8) Provides standards for the use of in-car audio and visual equipment, including the duration for which the recordings are preserved. (b) (1) Each law enforcement agency shall include a copy of the law enforcement agency's policy in the annual report that the law enforcement agency submits to Arkansas Legislative Audit. (2) Arkansas Legislative Audit shall submit to the Attorney General the name of any law enforcement agency that fails to comply with subdivision (b)(1) of this section, and the Attorney General shall take such action as may be necessary to enforce this section. (3) Arkansas Legislative Audit shall forward to the Attorney General a copy of each law enforcement agency's policy received by Arkansas Legislative Audit. The Attorney General shall review each law enforcement agency's policy to ensure that the law enforcement agency's policy meets the standards required by law. (c) (1) Each law enforcement agency may promote public awareness of the law enforcement agency's efforts to comply with the mandates of this section. (2) In addition, each law enforcement agency shall make available for public inspection a copy of the law enforcement agency's policy. Amended by Act 2017, No. 707,§ 17, eff. 8/1/2017. Acts 2003, No. 1207, § 3; 2005, No. 2136, § 4; 2007, No. 1048, § 2; 2009, No. 165, § 8.

(a) The Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, all county sheriffs' departments, municipal police departments, constables, and all other law enforcement agencies of this state shall adopt a written policy that: (1) Prohibits racial profiling as defined in § 12-12-1401 ; (2) Requires that law enforcement officers have reasonable suspicion prior to a stop, arrest, or detention; (3) Defines reasonable suspicion to ensure that individuals are stopped for valid reasons and that race, ethnicity, national origin, or religion is not the basis for stops for violations for which nongroup members would not be stopped; (4) Requires law enforcement officers to identify themselves by full name and jurisdiction and state the reason for the stop and when possible present written identification; (5) Provides for a systematic review process by supervising personnel within a department or law enforcement agency for investigating allegations of racial profiling to determine whether any officers of the law enforcement agency have a pattern of stopping or searching persons, and if the review reveals a pattern, requires an investigation to determine whether a trend is present indicating that an officer may be using race, ethnicity, national origin, or religion as a basis for investigating other violations of criminal law; (6) When a supervisor or other reviewer has detected a pattern of racial profiling, provides timely assistance, remediation, or discipline for individual law enforcement officers who have been found to be profiling by race, ethnicity, national origin, or religion; (7) Ensures that supervisors will not retaliate against officers who report racial profiling by others; and (8) Provides standards for the use of in-car audio and visual equipment, including the duration for which the recordings are preserved.

(1) Prohibits racial profiling as defined in § 12-12-1401 ;

(2) Requires that law enforcement officers have reasonable suspicion prior to a stop, arrest, or detention;

(3) Defines reasonable suspicion to ensure that individuals are stopped for valid reasons and that race, ethnicity, national origin, or religion is not the basis for stops for violations for which nongroup members would not be stopped;

(4) Requires law enforcement officers to identify themselves by full name and jurisdiction and state the reason for the stop and when possible present written identification;

(5) Provides for a systematic review process by supervising personnel within a department or law enforcement agency for investigating allegations of racial profiling to determine whether any officers of the law enforcement agency have a pattern of stopping or searching persons, and if the review reveals a pattern, requires an investigation to determine whether a trend is present indicating that an officer may be using race, ethnicity, national origin, or religion as a basis for investigating other violations of criminal law;

(6) When a supervisor or other reviewer has detected a pattern of racial profiling, provides timely assistance, remediation, or discipline for individual law enforcement officers who have been found to be profiling by race, ethnicity, national origin, or religion;

(7) Ensures that supervisors will not retaliate against officers who report racial profiling by others; and

(8) Provides standards for the use of in-car audio and visual equipment, including the duration for which the recordings are preserved.

(b) (1) Each law enforcement agency shall include a copy of the law enforcement agency's policy in the annual report that the law enforcement agency submits to Arkansas Legislative Audit. (2) Arkansas Legislative Audit shall submit to the Attorney General the name of any law enforcement agency that fails to comply with subdivision (b)(1) of this section, and the Attorney General shall take such action as may be necessary to enforce this section. (3) Arkansas Legislative Audit shall forward to the Attorney General a copy of each law enforcement agency's policy received by Arkansas Legislative Audit. The Attorney General shall review each law enforcement agency's policy to ensure that the law enforcement agency's policy meets the standards required by law.

(1) Each law enforcement agency shall include a copy of the law enforcement agency's policy in the annual report that the law enforcement agency submits to Arkansas Legislative Audit.

(2) Arkansas Legislative Audit shall submit to the Attorney General the name of any law enforcement agency that fails to comply with subdivision (b)(1) of this section, and the Attorney General shall take such action as may be necessary to enforce this section.

(3) Arkansas Legislative Audit shall forward to the Attorney General a copy of each law enforcement agency's policy received by Arkansas Legislative Audit. The Attorney General shall review each law enforcement agency's policy to ensure that the law enforcement agency's policy meets the standards required by law.

(c) (1) Each law enforcement agency may promote public awareness of the law enforcement agency's efforts to comply with the mandates of this section. (2) In addition, each law enforcement agency shall make available for public inspection a copy of the law enforcement agency's policy.

(1) Each law enforcement agency may promote public awareness of the law enforcement agency's efforts to comply with the mandates of this section.

(2) In addition, each law enforcement agency shall make available for public inspection a copy of the law enforcement agency's policy.

Amended by Act 2017, No. 707,§ 17, eff. 8/1/2017.

Acts 2003, No. 1207, § 3; 2005, No. 2136, § 4; 2007, No. 1048, § 2; 2009, No. 165, § 8.
Ark. Code Ann. § 12-12-1120 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1120
Authority of law enforcement officers
Status: in_force

Nothing in this subchapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store, and utilize DNA samples for law enforcement purposes. Acts 1997, No. 737, § 20.

Nothing in this subchapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store, and utilize DNA samples for law enforcement purposes.

Acts 1997, No. 737, § 20.
Ark. Code Ann. § 12-12-1110 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1110
Procedures of withdrawal, collection, and transmission of DNA samples
Status: in_force

(a) (1) (A) Each DNA sample required to be taken pursuant to § 12-12-1109 from persons who are incarcerated shall be taken by the agency supervising the convicted offender. (B) DNA samples from persons who are not committed or sentenced to a term of confinement shall be drawn at another facility to be specified by the sentencing court. (C) Only those individuals qualified to draw DNA samples in a medically approved manner shall draw a DNA sample to be submitted for analysis. (2) In addition to the DNA sample, a right thumbprint shall be taken from the person from whom the DNA sample is drawn for the exclusive purpose of verifying the identity of the person. (3) The agency or institution having custody or control or the agency providing supervision of persons convicted or adjudicated delinquent for qualifying offenses, as appropriate, is authorized to contract with third parties to provide for the collection of the DNA samples. (b) The DNA sample and the right thumbprint provided in subdivision (a)(2) of this section shall be delivered to the State Crime Laboratory in accordance with guidelines established by the laboratory. (c) (1) Persons authorized by this section to draw blood shall not be criminally liable for drawing a DNA sample and transmitting the DNA sample pursuant to this subchapter if they perform these activities in good faith. (2) Persons authorized to draw blood shall not be civilly liable for such activities when the persons acted in a reasonable manner and according to generally accepted medical and other professional practices. (d) (1) Authorized law enforcement and corrections personnel may employ reasonable force in cases where an individual refuses to submit to DNA testing authorized under this subchapter. (2) No such employee shall be criminally or civilly liable for the use of reasonable force. (e) (1) Any person who refuses to provide a DNA sample required by this subchapter will receive no further sentence reduction for meritorious good time or earned release credits until such time as a sample is provided, and the Division of Correction shall notify the Post-Prison Transfer Board regarding the refusal. (2) Any person who is subject to this subchapter who knowingly refuses to provide the DNA sample after receiving notification of the requirement to provide a DNA sample shall be guilty of a Class D felony. Amended by Act 2023, No. 659,§ 73, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 727, eff. 7/1/2019. Acts 1997, No. 737, § 10; 2003, No. 1470, § 4.

(a) (1) (A) Each DNA sample required to be taken pursuant to § 12-12-1109 from persons who are incarcerated shall be taken by the agency supervising the convicted offender. (B) DNA samples from persons who are not committed or sentenced to a term of confinement shall be drawn at another facility to be specified by the sentencing court. (C) Only those individuals qualified to draw DNA samples in a medically approved manner shall draw a DNA sample to be submitted for analysis. (2) In addition to the DNA sample, a right thumbprint shall be taken from the person from whom the DNA sample is drawn for the exclusive purpose of verifying the identity of the person. (3) The agency or institution having custody or control or the agency providing supervision of persons convicted or adjudicated delinquent for qualifying offenses, as appropriate, is authorized to contract with third parties to provide for the collection of the DNA samples.

(1) (A) Each DNA sample required to be taken pursuant to § 12-12-1109 from persons who are incarcerated shall be taken by the agency supervising the convicted offender. (B) DNA samples from persons who are not committed or sentenced to a term of confinement shall be drawn at another facility to be specified by the sentencing court. (C) Only those individuals qualified to draw DNA samples in a medically approved manner shall draw a DNA sample to be submitted for analysis.

(A) Each DNA sample required to be taken pursuant to § 12-12-1109 from persons who are incarcerated shall be taken by the agency supervising the convicted offender.

(B) DNA samples from persons who are not committed or sentenced to a term of confinement shall be drawn at another facility to be specified by the sentencing court.

(C) Only those individuals qualified to draw DNA samples in a medically approved manner shall draw a DNA sample to be submitted for analysis.

(2) In addition to the DNA sample, a right thumbprint shall be taken from the person from whom the DNA sample is drawn for the exclusive purpose of verifying the identity of the person.

(3) The agency or institution having custody or control or the agency providing supervision of persons convicted or adjudicated delinquent for qualifying offenses, as appropriate, is authorized to contract with third parties to provide for the collection of the DNA samples.

(b) The DNA sample and the right thumbprint provided in subdivision (a)(2) of this section shall be delivered to the State Crime Laboratory in accordance with guidelines established by the laboratory.

(c) (1) Persons authorized by this section to draw blood shall not be criminally liable for drawing a DNA sample and transmitting the DNA sample pursuant to this subchapter if they perform these activities in good faith. (2) Persons authorized to draw blood shall not be civilly liable for such activities when the persons acted in a reasonable manner and according to generally accepted medical and other professional practices.

(1) Persons authorized by this section to draw blood shall not be criminally liable for drawing a DNA sample and transmitting the DNA sample pursuant to this subchapter if they perform these activities in good faith.

(2) Persons authorized to draw blood shall not be civilly liable for such activities when the persons acted in a reasonable manner and according to generally accepted medical and other professional practices.

(d) (1) Authorized law enforcement and corrections personnel may employ reasonable force in cases where an individual refuses to submit to DNA testing authorized under this subchapter. (2) No such employee shall be criminally or civilly liable for the use of reasonable force.

(1) Authorized law enforcement and corrections personnel may employ reasonable force in cases where an individual refuses to submit to DNA testing authorized under this subchapter.

(2) No such employee shall be criminally or civilly liable for the use of reasonable force.

(e) (1) Any person who refuses to provide a DNA sample required by this subchapter will receive no further sentence reduction for meritorious good time or earned release credits until such time as a sample is provided, and the Division of Correction shall notify the Post-Prison Transfer Board regarding the refusal. (2) Any person who is subject to this subchapter who knowingly refuses to provide the DNA sample after receiving notification of the requirement to provide a DNA sample shall be guilty of a Class D felony.

(1) Any person who refuses to provide a DNA sample required by this subchapter will receive no further sentence reduction for meritorious good time or earned release credits until such time as a sample is provided, and the Division of Correction shall notify the Post-Prison Transfer Board regarding the refusal.

(2) Any person who is subject to this subchapter who knowingly refuses to provide the DNA sample after receiving notification of the requirement to provide a DNA sample shall be guilty of a Class D felony.

Amended by Act 2023, No. 659,§ 73, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 727, eff. 7/1/2019.

Acts 1997, No. 737, § 10; 2003, No. 1470, § 4.
Ark. Code Ann. § 12-60-103 — AR Code / Title 12 / Chapter 60 / Section 12-60-103
Persons subject to the code
Status: in_force

The following persons who are not in federal service are subject to this code: (1) Members of the organized militia. (2) All other persons lawfully ordered to a duty status in or with the organized militia, including the Army National Guard, Air National Guard, the Arkansas Guard, and all persons ordered to a duty status in or with any of the foregoing from the dates they are required by the terms of the order or other directive to obey the code. Amended by Act 2019, No. 211,§ 2, eff. 2/26/2019. Acts 1969, No. 50, § 47; A.S.A. 1947, § 11-602.

The following persons who are not in federal service are subject to this code:

(1) Members of the organized militia.

(2) All other persons lawfully ordered to a duty status in or with the organized militia, including the Army National Guard, Air National Guard, the Arkansas Guard, and all persons ordered to a duty status in or with any of the foregoing from the dates they are required by the terms of the order or other directive to obey the code.

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

Acts 1969, No. 50, § 47; A.S.A. 1947, § 11-602.
Ark. Code Ann. § 12-78-101 — AR Code / Title 12 / Chapter 78 / Section 12-78-101
Title
Status: in_force

This chapter may be cited as the Emergency Communications Act of 1991. Acts 1991, No. 554, § 1.

This chapter may be cited as the Emergency Communications Act of 1991.

Acts 1991, No. 554, § 1.
Ark. Code Ann. § 12-64-808 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-808
Fraudulent or unlawful enlistment, appointment, or separation
Status: in_force

(a) Any person shall be punished as a court-martial may direct if he or she: (1) Procures his or her own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or (2) Procures his or her own separation from the organized militia by knowingly false representation or deliberate concealment as to his or her eligibility for that separation. (b) Any person subject to this code who effects an enlistment or appointment in or a separation from the organized militia of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, rule, or order shall be punished as a court-martial may direct. Amended by Act 2019, No. 315,§ 961, eff. 7/24/2019. Acts 1969, No. 50, §§ 126, 127; A.S.A. 1947, §§ 11-708, 11-709.

(a) Any person shall be punished as a court-martial may direct if he or she: (1) Procures his or her own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or (2) Procures his or her own separation from the organized militia by knowingly false representation or deliberate concealment as to his or her eligibility for that separation.

(1) Procures his or her own enlistment or appointment in the organized militia by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

(2) Procures his or her own separation from the organized militia by knowingly false representation or deliberate concealment as to his or her eligibility for that separation.

(b) Any person subject to this code who effects an enlistment or appointment in or a separation from the organized militia of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, rule, or order shall be punished as a court-martial may direct.

Amended by Act 2019, No. 315,§ 961, eff. 7/24/2019.

Acts 1969, No. 50, §§ 126, 127; A.S.A. 1947, §§ 11-708, 11-709.
Ark. Code Ann. § 12-12-312 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-312
Records confidential and privileged - Exception - Release
Status: in_force

(a) (1) (A) (i) The records, files, and information kept, obtained, or retained by the State Crime Laboratory under this subchapter are privileged and confidential. (ii) However, the laboratory shall grant access to records pertaining to a defendant's criminal case to the following persons: (a) The defendant; (b) The public defender or other attorney of record for the defendant; (c) The prosecuting attorney or deputy prosecuting attorney having jurisdiction over the criminal case; and (d) The Attorney General or his or her designee. (iii) The records, files, and information shall not be released to a person or entity other than those listed in subdivision (a)(1)(A)(ii) of this section except at the direction of a court of competent jurisdiction or the prosecuting attorney having jurisdiction over the criminal case. (iv) In cases in which the cause and manner of death are not criminal in nature, the laboratory may communicate without the prior authorization required under subdivision (a)(1)(A)(iii) of this section with the decedent's next of kin or the next of kin's designee, including without limitation: (a) Parents; (b) Grandparents; (c) Siblings; (d) Spouses; (e) Adult children; and (f) Legal guardians. (B) (i) This section does not diminish the right of a defendant, his or her attorney, or an attorney who has provided a signed release from the defendant to full access to all records pertaining to the case. (ii) Promptly after discovering any evidence in a defendant's case that is kept, obtained, or retained by the laboratory and that tends to negate the guilt of the defendant as to the offense charged or would tend to reduce the defendant's punishment, the prosecuting attorney with jurisdiction over the case shall disclose the existence of the evidence to the defendant or his or her attorney. (C) The Department of Health may access autopsy records, files, and information under this subchapter for the purpose of implementing the quality improvement provisions of the Trauma System Act, § 20-13-801 et seq., and the rules adopted by the State Board of Health under the Trauma System Act, § 20-13-801 et seq. (2) However, a full report of the facts developed by the State Medical Examiner or his or her assistants shall be promptly filed with the law enforcement agencies, county coroner, and prosecuting attorney of the jurisdiction in which the death occurred. (3) This section does not require the laboratory to provide a photograph to a defendant in the custody of the Department of Corrections that: (A) Depicts a crime scene; (B) Depicts the victim of a crime; or (C) Was taken in conjunction with an autopsy. (4) This section does not: (A) Deny access to a photograph to an attorney representing an inmate in the custody of the Department of Corrections; or (B) Prohibit a court from ordering the Department of Corrections to provide a photograph to an inmate upon a showing of reasonable need. (b) The State Crime Laboratory Board shall promulgate rules not contrary to law regarding the release of reports and information by the staff of the laboratory. (c) All records, files, and information obtained or developed by the laboratory pertaining to a capital offense committed by a defendant who is subsequently sentenced to death for the commission of the capital offense shall be preserved and retained until the defendant's execution. Amended by Act 2021, No. 151,§ 1, eff. 2/24/2021. Amended by Act 2019, No. 1001,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1040,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 298,§ 1, eff. 8/16/2013. Acts 1969, No. 321, § 11; 1979, No. 864, § 16; A.S.A. 1947, §§ 42-621, 42-1218; Acts 1993, No. 1304, § 1; 1999, No. 519, § 1; 2001, No. 211, § 1; 2001, No. 917, § 1; 2011, No. 892, § 1.

(a) (1) (A) (i) The records, files, and information kept, obtained, or retained by the State Crime Laboratory under this subchapter are privileged and confidential. (ii) However, the laboratory shall grant access to records pertaining to a defendant's criminal case to the following persons: (a) The defendant; (b) The public defender or other attorney of record for the defendant; (c) The prosecuting attorney or deputy prosecuting attorney having jurisdiction over the criminal case; and (d) The Attorney General or his or her designee. (iii) The records, files, and information shall not be released to a person or entity other than those listed in subdivision (a)(1)(A)(ii) of this section except at the direction of a court of competent jurisdiction or the prosecuting attorney having jurisdiction over the criminal case. (iv) In cases in which the cause and manner of death are not criminal in nature, the laboratory may communicate without the prior authorization required under subdivision (a)(1)(A)(iii) of this section with the decedent's next of kin or the next of kin's designee, including without limitation: (a) Parents; (b) Grandparents; (c) Siblings; (d) Spouses; (e) Adult children; and (f) Legal guardians. (B) (i) This section does not diminish the right of a defendant, his or her attorney, or an attorney who has provided a signed release from the defendant to full access to all records pertaining to the case. (ii) Promptly after discovering any evidence in a defendant's case that is kept, obtained, or retained by the laboratory and that tends to negate the guilt of the defendant as to the offense charged or would tend to reduce the defendant's punishment, the prosecuting attorney with jurisdiction over the case shall disclose the existence of the evidence to the defendant or his or her attorney. (C) The Department of Health may access autopsy records, files, and information under this subchapter for the purpose of implementing the quality improvement provisions of the Trauma System Act, § 20-13-801 et seq., and the rules adopted by the State Board of Health under the Trauma System Act, § 20-13-801 et seq. (2) However, a full report of the facts developed by the State Medical Examiner or his or her assistants shall be promptly filed with the law enforcement agencies, county coroner, and prosecuting attorney of the jurisdiction in which the death occurred. (3) This section does not require the laboratory to provide a photograph to a defendant in the custody of the Department of Corrections that: (A) Depicts a crime scene; (B) Depicts the victim of a crime; or (C) Was taken in conjunction with an autopsy. (4) This section does not: (A) Deny access to a photograph to an attorney representing an inmate in the custody of the Department of Corrections; or (B) Prohibit a court from ordering the Department of Corrections to provide a photograph to an inmate upon a showing of reasonable need.

(1) (A) (i) The records, files, and information kept, obtained, or retained by the State Crime Laboratory under this subchapter are privileged and confidential. (ii) However, the laboratory shall grant access to records pertaining to a defendant's criminal case to the following persons: (a) The defendant; (b) The public defender or other attorney of record for the defendant; (c) The prosecuting attorney or deputy prosecuting attorney having jurisdiction over the criminal case; and (d) The Attorney General or his or her designee. (iii) The records, files, and information shall not be released to a person or entity other than those listed in subdivision (a)(1)(A)(ii) of this section except at the direction of a court of competent jurisdiction or the prosecuting attorney having jurisdiction over the criminal case. (iv) In cases in which the cause and manner of death are not criminal in nature, the laboratory may communicate without the prior authorization required under subdivision (a)(1)(A)(iii) of this section with the decedent's next of kin or the next of kin's designee, including without limitation: (a) Parents; (b) Grandparents; (c) Siblings; (d) Spouses; (e) Adult children; and (f) Legal guardians. (B) (i) This section does not diminish the right of a defendant, his or her attorney, or an attorney who has provided a signed release from the defendant to full access to all records pertaining to the case. (ii) Promptly after discovering any evidence in a defendant's case that is kept, obtained, or retained by the laboratory and that tends to negate the guilt of the defendant as to the offense charged or would tend to reduce the defendant's punishment, the prosecuting attorney with jurisdiction over the case shall disclose the existence of the evidence to the defendant or his or her attorney. (C) The Department of Health may access autopsy records, files, and information under this subchapter for the purpose of implementing the quality improvement provisions of the Trauma System Act, § 20-13-801 et seq., and the rules adopted by the State Board of Health under the Trauma System Act, § 20-13-801 et seq.

(A) (i) The records, files, and information kept, obtained, or retained by the State Crime Laboratory under this subchapter are privileged and confidential. (ii) However, the laboratory shall grant access to records pertaining to a defendant's criminal case to the following persons: (a) The defendant; (b) The public defender or other attorney of record for the defendant; (c) The prosecuting attorney or deputy prosecuting attorney having jurisdiction over the criminal case; and (d) The Attorney General or his or her designee. (iii) The records, files, and information shall not be released to a person or entity other than those listed in subdivision (a)(1)(A)(ii) of this section except at the direction of a court of competent jurisdiction or the prosecuting attorney having jurisdiction over the criminal case. (iv) In cases in which the cause and manner of death are not criminal in nature, the laboratory may communicate without the prior authorization required under subdivision (a)(1)(A)(iii) of this section with the decedent's next of kin or the next of kin's designee, including without limitation: (a) Parents; (b) Grandparents; (c) Siblings; (d) Spouses; (e) Adult children; and (f) Legal guardians.

(i) The records, files, and information kept, obtained, or retained by the State Crime Laboratory under this subchapter are privileged and confidential.

(ii) However, the laboratory shall grant access to records pertaining to a defendant's criminal case to the following persons: (a) The defendant; (b) The public defender or other attorney of record for the defendant; (c) The prosecuting attorney or deputy prosecuting attorney having jurisdiction over the criminal case; and (d) The Attorney General or his or her designee.

(a) The defendant;

(b) The public defender or other attorney of record for the defendant;

(c) The prosecuting attorney or deputy prosecuting attorney having jurisdiction over the criminal case; and

(d) The Attorney General or his or her designee.

(iii) The records, files, and information shall not be released to a person or entity other than those listed in subdivision (a)(1)(A)(ii) of this section except at the direction of a court of competent jurisdiction or the prosecuting attorney having jurisdiction over the criminal case.

(iv) In cases in which the cause and manner of death are not criminal in nature, the laboratory may communicate without the prior authorization required under subdivision (a)(1)(A)(iii) of this section with the decedent's next of kin or the next of kin's designee, including without limitation: (a) Parents; (b) Grandparents; (c) Siblings; (d) Spouses; (e) Adult children; and (f) Legal guardians.

(a) Parents;

(b) Grandparents;

(c) Siblings;

(d) Spouses;

(e) Adult children; and

(f) Legal guardians.

(B) (i) This section does not diminish the right of a defendant, his or her attorney, or an attorney who has provided a signed release from the defendant to full access to all records pertaining to the case. (ii) Promptly after discovering any evidence in a defendant's case that is kept, obtained, or retained by the laboratory and that tends to negate the guilt of the defendant as to the offense charged or would tend to reduce the defendant's punishment, the prosecuting attorney with jurisdiction over the case shall disclose the existence of the evidence to the defendant or his or her attorney.

(i) This section does not diminish the right of a defendant, his or her attorney, or an attorney who has provided a signed release from the defendant to full access to all records pertaining to the case.

(ii) Promptly after discovering any evidence in a defendant's case that is kept, obtained, or retained by the laboratory and that tends to negate the guilt of the defendant as to the offense charged or would tend to reduce the defendant's punishment, the prosecuting attorney with jurisdiction over the case shall disclose the existence of the evidence to the defendant or his or her attorney.

(C) The Department of Health may access autopsy records, files, and information under this subchapter for the purpose of implementing the quality improvement provisions of the Trauma System Act, § 20-13-801 et seq., and the rules adopted by the State Board of Health under the Trauma System Act, § 20-13-801 et seq.

(2) However, a full report of the facts developed by the State Medical Examiner or his or her assistants shall be promptly filed with the law enforcement agencies, county coroner, and prosecuting attorney of the jurisdiction in which the death occurred.

(3) This section does not require the laboratory to provide a photograph to a defendant in the custody of the Department of Corrections that: (A) Depicts a crime scene; (B) Depicts the victim of a crime; or (C) Was taken in conjunction with an autopsy.

(A) Depicts a crime scene;

(B) Depicts the victim of a crime; or

(C) Was taken in conjunction with an autopsy.

(4) This section does not: (A) Deny access to a photograph to an attorney representing an inmate in the custody of the Department of Corrections; or (B) Prohibit a court from ordering the Department of Corrections to provide a photograph to an inmate upon a showing of reasonable need.

(A) Deny access to a photograph to an attorney representing an inmate in the custody of the Department of Corrections; or

(B) Prohibit a court from ordering the Department of Corrections to provide a photograph to an inmate upon a showing of reasonable need.

(b) The State Crime Laboratory Board shall promulgate rules not contrary to law regarding the release of reports and information by the staff of the laboratory.

(c) All records, files, and information obtained or developed by the laboratory pertaining to a capital offense committed by a defendant who is subsequently sentenced to death for the commission of the capital offense shall be preserved and retained until the defendant's execution.

Amended by Act 2021, No. 151,§ 1, eff. 2/24/2021.

Amended by Act 2019, No. 1001,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1040,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 298,§ 1, eff. 8/16/2013.

Acts 1969, No. 321, § 11; 1979, No. 864, § 16; A.S.A. 1947, §§ 42-621, 42-1218; Acts 1993, No. 1304, § 1; 1999, No. 519, § 1; 2001, No. 211, § 1; 2001, No. 917, § 1; 2011, No. 892, § 1.
Ark. Code Ann. § 12-76-202 — AR Code / Title 12 / Chapter 76 / Subchapter 2 / Section 12-76-202
Text of Compact
Status: in_force

The Emergency Management Assistance Compact is hereby enacted into law and entered into with all other states which adopt the compact in a form substantially as follows: Emergency Management Assistance Compact ARTICLE I - PURPOSE AND AUTHORITIES This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. This compact shall also provide for mutual cooperation in emergency- related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states. ARTICLE II - GENERAL IMPLEMENTATION Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. The prompt, full and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood. On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact. ARTICLE III - PARTY STATE RESPONSIBILITIES A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall: i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack. ii. Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans. iv. Assist in warning communities adjacent to or crossing the state boundaries. v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness. vii. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities. B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information: i. A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. iii. The specific place and time for staging of the assisting party's response and a point of contact at that location. C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities. D. The governor or his or her designee shall not be obligated under this compact to send the requested assistance, except in the governor's sole and absolute discretion, and any assistance may be withdrawn at any time in the sole and absolute discretion of the governor. ARTICLE IV - LIMITATIONS Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s), whichever is longer. ARTICLE V - LICENSES AND PERMITS Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise. ARTICLE VI - LIABILITY Officers or employees of a party state, to include political subdivisions, local government, private entities contracted with the party state or local government, and volunteers with the party state and local government to include volunteer organizations of the party state, rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees, including local political subdivisions, local governments, private entities contracted with the party state or local government, and volunteers with the party state and local government to include volunteer organizations of the party state, rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness. ARTICLE VII - SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies. ARTICLE VIII - COMPENSATION Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state. ARTICLE IX - REIMBURSEMENT Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision. ARTICLE X - EVACUATION Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees. ARTICLE XI - IMPLEMENTATION A. This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective as to any other state upon its enactment by such state. B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal. C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government. ARTICLE XII - VALIDITY This Act shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby. ARTICLE XIII - ADDITIONAL PROVISIONS Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code. Amended by Act 2021, No. 71,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 71,§ 1, eff. 7/28/2021. Acts 1997, No. 959, § 2.

The Emergency Management Assistance Compact is hereby enacted into law and entered into with all other states which adopt the compact in a form substantially as follows:

Emergency Management Assistance Compact

ARTICLE I - PURPOSE AND AUTHORITIES This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. This compact shall also provide for mutual cooperation in emergency- related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

This compact shall also provide for mutual cooperation in emergency- related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

ARTICLE II - GENERAL IMPLEMENTATION Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. The prompt, full and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood. On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.

On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

ARTICLE III - PARTY STATE RESPONSIBILITIES A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall: i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack. ii. Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans. iv. Assist in warning communities adjacent to or crossing the state boundaries. v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness. vii. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities. B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information: i. A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. iii. The specific place and time for staging of the assisting party's response and a point of contact at that location. C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities. D. The governor or his or her designee shall not be obligated under this compact to send the requested assistance, except in the governor's sole and absolute discretion, and any assistance may be withdrawn at any time in the sole and absolute discretion of the governor.

A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall: i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack. ii. Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans. iv. Assist in warning communities adjacent to or crossing the state boundaries. v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness. vii. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.

i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack.

ii. Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.

iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.

iv. Assist in warning communities adjacent to or crossing the state boundaries.

v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.

vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.

vii. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.

B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information: i. A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. iii. The specific place and time for staging of the assisting party's response and a point of contact at that location.

i. A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.

iii. The specific place and time for staging of the assisting party's response and a point of contact at that location.

C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.

D. The governor or his or her designee shall not be obligated under this compact to send the requested assistance, except in the governor's sole and absolute discretion, and any assistance may be withdrawn at any time in the sole and absolute discretion of the governor.

ARTICLE IV - LIMITATIONS Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s), whichever is longer.

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.

Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s), whichever is longer.

ARTICLE V - LICENSES AND PERMITS Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.

Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.

ARTICLE VI - LIABILITY Officers or employees of a party state, to include political subdivisions, local government, private entities contracted with the party state or local government, and volunteers with the party state and local government to include volunteer organizations of the party state, rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees, including local political subdivisions, local governments, private entities contracted with the party state or local government, and volunteers with the party state and local government to include volunteer organizations of the party state, rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.

Officers or employees of a party state, to include political subdivisions, local government, private entities contracted with the party state or local government, and volunteers with the party state and local government to include volunteer organizations of the party state, rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees, including local political subdivisions, local governments, private entities contracted with the party state or local government, and volunteers with the party state and local government to include volunteer organizations of the party state, rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.

ARTICLE VII - SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

ARTICLE VIII - COMPENSATION Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

ARTICLE IX - REIMBURSEMENT Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.

ARTICLE X - EVACUATION Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

ARTICLE XI - IMPLEMENTATION A. This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective as to any other state upon its enactment by such state. B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal. C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.

A. This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.

B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.

C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.

ARTICLE XII - VALIDITY This Act shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby.

This Act shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby.

ARTICLE XIII - ADDITIONAL PROVISIONS Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code.

Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code.

Amended by Act 2021, No. 71,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 71,§ 1, eff. 7/28/2021.

Acts 1997, No. 959, § 2.
Ark. Code Ann. § 12-64-704 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-704
Review of records - Disposition
Status: in_force

(a) If the convening authority is the Governor, his or her action on the review of any record of trial is final. (b) (1) In all cases not convened by the Governor, if the sentence approved by the convening authority includes a dishonorable discharge, bad-conduct discharge, or dismissal, whether or not suspended, the entire record shall be sent to a staff judge advocate to be reviewed in the manner prescribed by the Governor. (2) The record and the opinion of the staff judge advocate or legal officer shall then be sent to the State Judge Advocate for review. (c) All other court-martial records shall be sent to a judge advocate and shall be acted upon, transmitted, and disposed of as shall be prescribed by the Governor. (d) (1) The State Judge Advocate shall review the record of trial in each case sent to him or her for review. (2) The State Judge Advocate shall take final action in any case reviewable by him or her. (3) In a case reviewable by the State Judge Advocate under this section, the State Judge Advocate may act only with respect to the findings and sentence as approved by the convening authority. (e) If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the State Judge Advocate shall be limited to questions of jurisdiction. (f) (1) He or she may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and determines, on the basis of the entire record, should be approved. (2) In considering the record, he or she may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. (g) (1) If the State Judge Advocate sets aside the findings and sentence, he or she may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. (2) If he or she sets aside the findings and sentence and does not order a rehearing, he or she shall order that the charges be dismissed. (3) In a case reviewable by the State Judge Advocate under this section, he or she shall instruct the convening authority to act in accordance with his or her decision on the review. (4) If he or she has ordered a rehearing but the convening authority finds a rehearing impracticable, he or she may dismiss the charges. (h) (1) The State Judge Advocate: (A) May order one (1) or more boards of review, each composed of not less than three (3) commissioned officers of the organized militia, each of whom must be a member of the bar of the highest court of the state; and (B) Shall order a board of review to hear the appeal of any court-martial demanded under § 12-64-714 . (2) Each board of review shall review the record of any trial by court-martial referred to it by the State Judge Advocate. (3) Boards of review have the same authority on review as the State Judge Advocate has under this section. Amended by Act 2015, No. 1003,§ 29, eff. 7/22/2015. Amended by Act 2015, No. 1003,§ 28, eff. 7/22/2015. Acts 1969, No. 50, § 111; A.S.A. 1947, § 11-666.

(a) If the convening authority is the Governor, his or her action on the review of any record of trial is final.

(b) (1) In all cases not convened by the Governor, if the sentence approved by the convening authority includes a dishonorable discharge, bad-conduct discharge, or dismissal, whether or not suspended, the entire record shall be sent to a staff judge advocate to be reviewed in the manner prescribed by the Governor. (2) The record and the opinion of the staff judge advocate or legal officer shall then be sent to the State Judge Advocate for review.

(1) In all cases not convened by the Governor, if the sentence approved by the convening authority includes a dishonorable discharge, bad-conduct discharge, or dismissal, whether or not suspended, the entire record shall be sent to a staff judge advocate to be reviewed in the manner prescribed by the Governor.

(2) The record and the opinion of the staff judge advocate or legal officer shall then be sent to the State Judge Advocate for review.

(c) All other court-martial records shall be sent to a judge advocate and shall be acted upon, transmitted, and disposed of as shall be prescribed by the Governor.

(d) (1) The State Judge Advocate shall review the record of trial in each case sent to him or her for review. (2) The State Judge Advocate shall take final action in any case reviewable by him or her. (3) In a case reviewable by the State Judge Advocate under this section, the State Judge Advocate may act only with respect to the findings and sentence as approved by the convening authority.

(1) The State Judge Advocate shall review the record of trial in each case sent to him or her for review.

(2) The State Judge Advocate shall take final action in any case reviewable by him or her.

(3) In a case reviewable by the State Judge Advocate under this section, the State Judge Advocate may act only with respect to the findings and sentence as approved by the convening authority.

(e) If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the State Judge Advocate shall be limited to questions of jurisdiction.

(f) (1) He or she may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and determines, on the basis of the entire record, should be approved. (2) In considering the record, he or she may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.

(1) He or she may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and determines, on the basis of the entire record, should be approved.

(2) In considering the record, he or she may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.

(g) (1) If the State Judge Advocate sets aside the findings and sentence, he or she may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. (2) If he or she sets aside the findings and sentence and does not order a rehearing, he or she shall order that the charges be dismissed. (3) In a case reviewable by the State Judge Advocate under this section, he or she shall instruct the convening authority to act in accordance with his or her decision on the review. (4) If he or she has ordered a rehearing but the convening authority finds a rehearing impracticable, he or she may dismiss the charges.

(1) If the State Judge Advocate sets aside the findings and sentence, he or she may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing.

(2) If he or she sets aside the findings and sentence and does not order a rehearing, he or she shall order that the charges be dismissed.

(3) In a case reviewable by the State Judge Advocate under this section, he or she shall instruct the convening authority to act in accordance with his or her decision on the review.

(4) If he or she has ordered a rehearing but the convening authority finds a rehearing impracticable, he or she may dismiss the charges.

(h) (1) The State Judge Advocate: (A) May order one (1) or more boards of review, each composed of not less than three (3) commissioned officers of the organized militia, each of whom must be a member of the bar of the highest court of the state; and (B) Shall order a board of review to hear the appeal of any court-martial demanded under § 12-64-714 . (2) Each board of review shall review the record of any trial by court-martial referred to it by the State Judge Advocate. (3) Boards of review have the same authority on review as the State Judge Advocate has under this section.

(1) The State Judge Advocate: (A) May order one (1) or more boards of review, each composed of not less than three (3) commissioned officers of the organized militia, each of whom must be a member of the bar of the highest court of the state; and (B) Shall order a board of review to hear the appeal of any court-martial demanded under § 12-64-714 .

(A) May order one (1) or more boards of review, each composed of not less than three (3) commissioned officers of the organized militia, each of whom must be a member of the bar of the highest court of the state; and

(B) Shall order a board of review to hear the appeal of any court-martial demanded under § 12-64-714 .

(2) Each board of review shall review the record of any trial by court-martial referred to it by the State Judge Advocate.

(3) Boards of review have the same authority on review as the State Judge Advocate has under this section.

Amended by Act 2015, No. 1003,§ 29, eff. 7/22/2015.

Amended by Act 2015, No. 1003,§ 28, eff. 7/22/2015.

Acts 1969, No. 50, § 111; A.S.A. 1947, § 11-666.
Ark. Code Ann. § 12-41-108 — AR Code / Title 12 / Chapter 41 / Subchapter 1 / Section 12-41-108
Behavioral health and risk screening tool - Database entry
Status: in_force

A local correctional facility is encouraged to: (1) Adopt independently, or in collaboration with other local correctional facilities or nongovernmental law enforcement entities, a screening tool designed to screen inmates or other detainees for a behavioral health impairment, substance abuse issues, and criminogenic risk; and (2) Utilize the database maintained by the Arkansas Crime Information Center under § 12-12-219 concerning entry of data and information collected from inmates at a local correctional facility. Added by Act 2017, No. 423,§ 12, eff. 8/1/2017.

A local correctional facility is encouraged to:

(1) Adopt independently, or in collaboration with other local correctional facilities or nongovernmental law enforcement entities, a screening tool designed to screen inmates or other detainees for a behavioral health impairment, substance abuse issues, and criminogenic risk; and

(2) Utilize the database maintained by the Arkansas Crime Information Center under § 12-12-219 concerning entry of data and information collected from inmates at a local correctional facility.

Added by Act 2017, No. 423,§ 12, eff. 8/1/2017.
Ark. Code Ann. § 12-12-603 — AR Code / Title 12 / Chapter 12 / Subchapter 6 / Section 12-12-603
Contents and time of report
Status: in_force

(a) The report shall be made immediately upon the nature of the injury being ascertained, shall be by telephone if possible and practicable, otherwise by writing, and shall contain the name, age, sex, race, and location of the person so injured, together with names of persons bringing the patient in for treatment, if any. (b) A written report under this subchapter shall not be in compliance unless speedier means of transmitting the notice are not available, are impractical, or are incapable of reaching an officer. Acts 1949, No. 258, § 2; A.S.A. 1947, § 42-502.

(a) The report shall be made immediately upon the nature of the injury being ascertained, shall be by telephone if possible and practicable, otherwise by writing, and shall contain the name, age, sex, race, and location of the person so injured, together with names of persons bringing the patient in for treatment, if any.

(b) A written report under this subchapter shall not be in compliance unless speedier means of transmitting the notice are not available, are impractical, or are incapable of reaching an officer.

Acts 1949, No. 258, § 2; A.S.A. 1947, § 42-502.
Ark. Code Ann. § 12-18-801 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-801
Time to complete administrative hearing
Status: in_force

(a) (1) (A) The administrative hearing under this chapter shall begin within one hundred eighty (180) days from the date of the receipt of the request for a hearing. (B) However, delays in completing the administrative hearing that are attributable to either party shall not count against the limit of one hundred eighty (180) days if the administrative law judge determines that good cause for the delay is shown by the party requesting the delay and the request for delay is made in writing and delivered to the Office of Appeals and Hearings of the Department of Human Services and all other parties. (2) (A) The Department of Human Services shall report any failures to comply with this subsection for each quarter to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. (B) The quarterly report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth shall include a written explanation of the failure of the Department of Human Services. (b) (1) The limit of one hundred eighty (180) days for an administrative hearing under this chapter shall not apply if upon request of any party a stay is granted as permitted under this section. (2) The administrative law judge may stay the case upon a showing by any party that there is an ongoing criminal or delinquency investigation regarding the occurrence that is the subject of the child maltreatment report. (3) (A) If a criminal or delinquency proceeding is filed regarding the occurrence that is the subject of the child maltreatment report and a request for a stay is accompanied by the written notification of the date the criminal or delinquency proceeding was filed by a party, the administrative hearing shall be stayed for a period of not more than one (1) year from the date the criminal or delinquency proceeding is filed. (B) The stay shall be lifted and the case set for a hearing upon the earlier of: (i) A petition and showing by any party that there is good cause to conduct the administrative hearing before the conclusion of the criminal or delinquency proceeding; (ii) The final disposition of the criminal or delinquency proceeding; or (iii) The expiration of one (1) year from the date the criminal or delinquency proceeding was filed. (C) A stay granted under this section may be extended after the one-year expiration upon a written notice from the requesting party that the criminal or delinquency investigation or proceeding is still ongoing. (D) (i) It is the duty of the petitioner to report the final disposition of the criminal or delinquency proceeding to the office for a stay granted under this subdivision (b)(3). (ii) The case shall be dismissed and the petitioner's name placed on the Child Maltreatment Central Registry if the petitioner fails to provide a file-marked copy of the final disposition of the criminal or delinquency proceeding within thirty (30) days of the entry of the final disposition. (4) The administrative law judge shall stay the case upon a request by the Department of Human Services or the Department of Arkansas State Police when there is an ongoing criminal or delinquency investigation or pending criminal charges regarding the occurrence that is the subject of the child maltreatment report. Amended by Act 2015, No. 1026,§ 13, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 22, eff. 8/16/2013. Acts 2009, No. 749, § 1; 2011, No. 1143, § 19.

(a) (1) (A) The administrative hearing under this chapter shall begin within one hundred eighty (180) days from the date of the receipt of the request for a hearing. (B) However, delays in completing the administrative hearing that are attributable to either party shall not count against the limit of one hundred eighty (180) days if the administrative law judge determines that good cause for the delay is shown by the party requesting the delay and the request for delay is made in writing and delivered to the Office of Appeals and Hearings of the Department of Human Services and all other parties. (2) (A) The Department of Human Services shall report any failures to comply with this subsection for each quarter to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. (B) The quarterly report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth shall include a written explanation of the failure of the Department of Human Services.

(1) (A) The administrative hearing under this chapter shall begin within one hundred eighty (180) days from the date of the receipt of the request for a hearing. (B) However, delays in completing the administrative hearing that are attributable to either party shall not count against the limit of one hundred eighty (180) days if the administrative law judge determines that good cause for the delay is shown by the party requesting the delay and the request for delay is made in writing and delivered to the Office of Appeals and Hearings of the Department of Human Services and all other parties.

(A) The administrative hearing under this chapter shall begin within one hundred eighty (180) days from the date of the receipt of the request for a hearing.

(B) However, delays in completing the administrative hearing that are attributable to either party shall not count against the limit of one hundred eighty (180) days if the administrative law judge determines that good cause for the delay is shown by the party requesting the delay and the request for delay is made in writing and delivered to the Office of Appeals and Hearings of the Department of Human Services and all other parties.

(2) (A) The Department of Human Services shall report any failures to comply with this subsection for each quarter to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. (B) The quarterly report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth shall include a written explanation of the failure of the Department of Human Services.

(A) The Department of Human Services shall report any failures to comply with this subsection for each quarter to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.

(B) The quarterly report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth shall include a written explanation of the failure of the Department of Human Services.

(b) (1) The limit of one hundred eighty (180) days for an administrative hearing under this chapter shall not apply if upon request of any party a stay is granted as permitted under this section. (2) The administrative law judge may stay the case upon a showing by any party that there is an ongoing criminal or delinquency investigation regarding the occurrence that is the subject of the child maltreatment report. (3) (A) If a criminal or delinquency proceeding is filed regarding the occurrence that is the subject of the child maltreatment report and a request for a stay is accompanied by the written notification of the date the criminal or delinquency proceeding was filed by a party, the administrative hearing shall be stayed for a period of not more than one (1) year from the date the criminal or delinquency proceeding is filed. (B) The stay shall be lifted and the case set for a hearing upon the earlier of: (i) A petition and showing by any party that there is good cause to conduct the administrative hearing before the conclusion of the criminal or delinquency proceeding; (ii) The final disposition of the criminal or delinquency proceeding; or (iii) The expiration of one (1) year from the date the criminal or delinquency proceeding was filed. (C) A stay granted under this section may be extended after the one-year expiration upon a written notice from the requesting party that the criminal or delinquency investigation or proceeding is still ongoing. (D) (i) It is the duty of the petitioner to report the final disposition of the criminal or delinquency proceeding to the office for a stay granted under this subdivision (b)(3). (ii) The case shall be dismissed and the petitioner's name placed on the Child Maltreatment Central Registry if the petitioner fails to provide a file-marked copy of the final disposition of the criminal or delinquency proceeding within thirty (30) days of the entry of the final disposition. (4) The administrative law judge shall stay the case upon a request by the Department of Human Services or the Department of Arkansas State Police when there is an ongoing criminal or delinquency investigation or pending criminal charges regarding the occurrence that is the subject of the child maltreatment report.

(1) The limit of one hundred eighty (180) days for an administrative hearing under this chapter shall not apply if upon request of any party a stay is granted as permitted under this section.

(2) The administrative law judge may stay the case upon a showing by any party that there is an ongoing criminal or delinquency investigation regarding the occurrence that is the subject of the child maltreatment report.

(3) (A) If a criminal or delinquency proceeding is filed regarding the occurrence that is the subject of the child maltreatment report and a request for a stay is accompanied by the written notification of the date the criminal or delinquency proceeding was filed by a party, the administrative hearing shall be stayed for a period of not more than one (1) year from the date the criminal or delinquency proceeding is filed. (B) The stay shall be lifted and the case set for a hearing upon the earlier of: (i) A petition and showing by any party that there is good cause to conduct the administrative hearing before the conclusion of the criminal or delinquency proceeding; (ii) The final disposition of the criminal or delinquency proceeding; or (iii) The expiration of one (1) year from the date the criminal or delinquency proceeding was filed. (C) A stay granted under this section may be extended after the one-year expiration upon a written notice from the requesting party that the criminal or delinquency investigation or proceeding is still ongoing. (D) (i) It is the duty of the petitioner to report the final disposition of the criminal or delinquency proceeding to the office for a stay granted under this subdivision (b)(3). (ii) The case shall be dismissed and the petitioner's name placed on the Child Maltreatment Central Registry if the petitioner fails to provide a file-marked copy of the final disposition of the criminal or delinquency proceeding within thirty (30) days of the entry of the final disposition.

(A) If a criminal or delinquency proceeding is filed regarding the occurrence that is the subject of the child maltreatment report and a request for a stay is accompanied by the written notification of the date the criminal or delinquency proceeding was filed by a party, the administrative hearing shall be stayed for a period of not more than one (1) year from the date the criminal or delinquency proceeding is filed.

(B) The stay shall be lifted and the case set for a hearing upon the earlier of: (i) A petition and showing by any party that there is good cause to conduct the administrative hearing before the conclusion of the criminal or delinquency proceeding; (ii) The final disposition of the criminal or delinquency proceeding; or (iii) The expiration of one (1) year from the date the criminal or delinquency proceeding was filed.

(i) A petition and showing by any party that there is good cause to conduct the administrative hearing before the conclusion of the criminal or delinquency proceeding;

(ii) The final disposition of the criminal or delinquency proceeding; or

(iii) The expiration of one (1) year from the date the criminal or delinquency proceeding was filed.

(C) A stay granted under this section may be extended after the one-year expiration upon a written notice from the requesting party that the criminal or delinquency investigation or proceeding is still ongoing.

(D) (i) It is the duty of the petitioner to report the final disposition of the criminal or delinquency proceeding to the office for a stay granted under this subdivision (b)(3). (ii) The case shall be dismissed and the petitioner's name placed on the Child Maltreatment Central Registry if the petitioner fails to provide a file-marked copy of the final disposition of the criminal or delinquency proceeding within thirty (30) days of the entry of the final disposition.

(i) It is the duty of the petitioner to report the final disposition of the criminal or delinquency proceeding to the office for a stay granted under this subdivision (b)(3).

(ii) The case shall be dismissed and the petitioner's name placed on the Child Maltreatment Central Registry if the petitioner fails to provide a file-marked copy of the final disposition of the criminal or delinquency proceeding within thirty (30) days of the entry of the final disposition.

(4) The administrative law judge shall stay the case upon a request by the Department of Human Services or the Department of Arkansas State Police when there is an ongoing criminal or delinquency investigation or pending criminal charges regarding the occurrence that is the subject of the child maltreatment report.

Amended by Act 2015, No. 1026,§ 13, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 22, eff. 8/16/2013.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 19.
Ark. Code Ann. § 12-64-207 — AR Code / Title 12 / Chapter 64 / Subchapter 2 / Section 12-64-207
Delivery of offenders to civil authorities
Status: in_force

(a) Under such rules as may be prescribed under this code, a person on active militia duty who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial. (b) When delivery hereunder is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender, after having answered to the civil authorities for his or her offense, shall, upon the request of competent military authority, be returned to military custody for the completion of his or her sentence. Amended by Act 2019, No. 315,§ 951, eff. 7/24/2019. Acts 1969, No. 50, § 58; A.S.A. 1947, § 11-613.

(a) Under such rules as may be prescribed under this code, a person on active militia duty who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.

(b) When delivery hereunder is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender, after having answered to the civil authorities for his or her offense, shall, upon the request of competent military authority, be returned to military custody for the completion of his or her sentence.

Amended by Act 2019, No. 315,§ 951, eff. 7/24/2019.

Acts 1969, No. 50, § 58; A.S.A. 1947, § 11-613.
Ark. Code Ann. § 12-42-110 — AR Code / Title 12 / Chapter 42 / Section 12-42-110
Labor on public works restricted
Status: in_force

A county inmate shall not be allowed to work on any public work or improvement whenever there may be danger of his or her escape, nor shall he or she be compelled to labor at any kind of business or in any avocation that would tend to impair his or her health or strength. Amended by Act 2013, No. 295,§ 10, eff. 8/16/2013. Acts 1877, No. 73, § 10, p. 73; C. & M. Dig., § 2055; Pope's Dig., § 2657; A.S.A. 1947, § 46-516.

A county inmate shall not be allowed to work on any public work or improvement whenever there may be danger of his or her escape, nor shall he or she be compelled to labor at any kind of business or in any avocation that would tend to impair his or her health or strength.

Amended by Act 2013, No. 295,§ 10, eff. 8/16/2013.

Acts 1877, No. 73, § 10, p. 73; C. & M. Dig., § 2055; Pope's Dig., § 2657; A.S.A. 1947, § 46-516.
Ark. Code Ann. § 12-61-111 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-111
Ordering militia into service
Status: in_force

(a) (1) The Governor shall have power to order into the active service of the state for such a period, to such extent, and in such manner as he or she may deem necessary, all or any part of the organized militia: (A) In case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof; (B) To preserve the public health and security and maintain law and order; (C) For the purpose of working with other state agencies in the planning and training for emergencies or disasters and to respond to emergencies or disasters; or (D) For the purpose of addressing cybersecurity threats or cybersecurity vulnerabilities, including without limitation to protect: (i) Critical infrastructure in the state; (ii) An information system owned or operated by the state; (iii) Information that is stored on, processed by, or transiting on an information system owned or operated by the state; or (iv) The state by identifying the source of a cybersecurity threat. (2) Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States Army, United States Navy, or United States Air Force commander in charge of the defense of any area within the state. (b) (1) Upon the request of either the judge or sheriff of a county or the mayor of a city, whenever it is made to appear to the Governor that there is a breach of the peace, riot, resistance to process of this state, or disaster or imminent danger thereof, the Governor may order into the active service of the state, for such period, to such extent, and in such manner as he or she may deem necessary, all or any part of the organized militia. (2) The compensation of all officers and enlisted personnel while on duty or assembled pursuant to this subsection and all expenses incurred in connection with such duty or as a result thereof shall be paid in the manner prescribed by law. Amended by Act 2019, No. 149,§ 1, eff. 7/24/2019. Acts 1969, No. 50, §§ 6, 7; 1985, No. 670, § 1; A.S.A. 1947, §§ 11-106, 11-107; Acts 2009, No. 232, § 1.

(a) (1) The Governor shall have power to order into the active service of the state for such a period, to such extent, and in such manner as he or she may deem necessary, all or any part of the organized militia: (A) In case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof; (B) To preserve the public health and security and maintain law and order; (C) For the purpose of working with other state agencies in the planning and training for emergencies or disasters and to respond to emergencies or disasters; or (D) For the purpose of addressing cybersecurity threats or cybersecurity vulnerabilities, including without limitation to protect: (i) Critical infrastructure in the state; (ii) An information system owned or operated by the state; (iii) Information that is stored on, processed by, or transiting on an information system owned or operated by the state; or (iv) The state by identifying the source of a cybersecurity threat. (2) Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States Army, United States Navy, or United States Air Force commander in charge of the defense of any area within the state.

(1) The Governor shall have power to order into the active service of the state for such a period, to such extent, and in such manner as he or she may deem necessary, all or any part of the organized militia: (A) In case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof; (B) To preserve the public health and security and maintain law and order; (C) For the purpose of working with other state agencies in the planning and training for emergencies or disasters and to respond to emergencies or disasters; or (D) For the purpose of addressing cybersecurity threats or cybersecurity vulnerabilities, including without limitation to protect: (i) Critical infrastructure in the state; (ii) An information system owned or operated by the state; (iii) Information that is stored on, processed by, or transiting on an information system owned or operated by the state; or (iv) The state by identifying the source of a cybersecurity threat.

(A) In case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof;

(B) To preserve the public health and security and maintain law and order;

(C) For the purpose of working with other state agencies in the planning and training for emergencies or disasters and to respond to emergencies or disasters; or

(D) For the purpose of addressing cybersecurity threats or cybersecurity vulnerabilities, including without limitation to protect: (i) Critical infrastructure in the state; (ii) An information system owned or operated by the state; (iii) Information that is stored on, processed by, or transiting on an information system owned or operated by the state; or (iv) The state by identifying the source of a cybersecurity threat.

(i) Critical infrastructure in the state;

(ii) An information system owned or operated by the state;

(iii) Information that is stored on, processed by, or transiting on an information system owned or operated by the state; or

(iv) The state by identifying the source of a cybersecurity threat.

(2) Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States Army, United States Navy, or United States Air Force commander in charge of the defense of any area within the state.

(b) (1) Upon the request of either the judge or sheriff of a county or the mayor of a city, whenever it is made to appear to the Governor that there is a breach of the peace, riot, resistance to process of this state, or disaster or imminent danger thereof, the Governor may order into the active service of the state, for such period, to such extent, and in such manner as he or she may deem necessary, all or any part of the organized militia. (2) The compensation of all officers and enlisted personnel while on duty or assembled pursuant to this subsection and all expenses incurred in connection with such duty or as a result thereof shall be paid in the manner prescribed by law.

(1) Upon the request of either the judge or sheriff of a county or the mayor of a city, whenever it is made to appear to the Governor that there is a breach of the peace, riot, resistance to process of this state, or disaster or imminent danger thereof, the Governor may order into the active service of the state, for such period, to such extent, and in such manner as he or she may deem necessary, all or any part of the organized militia.

(2) The compensation of all officers and enlisted personnel while on duty or assembled pursuant to this subsection and all expenses incurred in connection with such duty or as a result thereof shall be paid in the manner prescribed by law.

Amended by Act 2019, No. 149,§ 1, eff. 7/24/2019.

Acts 1969, No. 50, §§ 6, 7; 1985, No. 670, § 1; A.S.A. 1947, §§ 11-106, 11-107; Acts 2009, No. 232, § 1.
Ark. Code Ann. § 12-63-401 — AR Code / Title 12 / Chapter 63 / Subchapter 4 / Section 12-63-401
Title accepted
Status: in_force

(a) The State of Arkansas accepts title to the property, improvements, and appurtenances situated at Camp Joseph T. Robinson. (b) The State of Arkansas authorizes the Adjutant General to accept title to, enter into leases, licenses, and operating agreements for, or otherwise acquire on behalf of the State of Arkansas real property, improvements, and appurtenances from the United States upon such terms and conditions as may be mutually agreed between the United States Government and the Adjutant General acting in behalf of the State of Arkansas. (c) The State of Arkansas authorizes the Adjutant General to accept title to, enter into leases, licenses, and operating agreements for, or otherwise acquire on behalf of the State of Arkansas real property, improvements, and appurtenances adjoining or as an adjunct to Camp Joseph T. Robinson or adjoining or as an adjunct to other real property owned or held by the Adjutant General upon terms and conditions as may be agreed to between the Adjutant General, acting on behalf of the State of Arkansas, and the owner of such real property. (d) Interests in real property shall not be purchased or acquired by the Adjutant General except by gift or for a consideration of not greater than ten dollars ($10.00) except upon an appropriation by the General Assembly or with such funds provided from the United States authorized to be expended for such purposes. (e) The Adjutant General is authorized to establish and operate upon such lands military training and support facilities, canteens, morale, welfare, and recreational facilities, service clubs, and other facilities as may be necessary and proper for military purposes, or which are customary in the military services, and to conduct upon such lands such other activities and operate such facilities as may be ordered by the Governor or be required by law. (f) Such military training and support facilities, canteens, morale, welfare, and recreational facilities, service clubs, and other facilities as may be established and operated by the Adjutant General shall be operated in accordance with applicable regulations of the United States armed forces, subject to the orders, directions, regulations, and general supervision of the Adjutant General, and subject to such restrictions and requirements as provided by state law governing other military training facilities, recreational facilities, and service clubs operated by the Adjutant General. Acts 1951, No. 121, § 1; 1955, No. 381, § 1; A.S.A. 1947, §§ 11-1801, 11-1803; Acts 1993, No. 924, § 1; 1993, No. 1034, § 1.

(a) The State of Arkansas accepts title to the property, improvements, and appurtenances situated at Camp Joseph T. Robinson.

(b) The State of Arkansas authorizes the Adjutant General to accept title to, enter into leases, licenses, and operating agreements for, or otherwise acquire on behalf of the State of Arkansas real property, improvements, and appurtenances from the United States upon such terms and conditions as may be mutually agreed between the United States Government and the Adjutant General acting in behalf of the State of Arkansas.

(c) The State of Arkansas authorizes the Adjutant General to accept title to, enter into leases, licenses, and operating agreements for, or otherwise acquire on behalf of the State of Arkansas real property, improvements, and appurtenances adjoining or as an adjunct to Camp Joseph T. Robinson or adjoining or as an adjunct to other real property owned or held by the Adjutant General upon terms and conditions as may be agreed to between the Adjutant General, acting on behalf of the State of Arkansas, and the owner of such real property.

(d) Interests in real property shall not be purchased or acquired by the Adjutant General except by gift or for a consideration of not greater than ten dollars ($10.00) except upon an appropriation by the General Assembly or with such funds provided from the United States authorized to be expended for such purposes.

(e) The Adjutant General is authorized to establish and operate upon such lands military training and support facilities, canteens, morale, welfare, and recreational facilities, service clubs, and other facilities as may be necessary and proper for military purposes, or which are customary in the military services, and to conduct upon such lands such other activities and operate such facilities as may be ordered by the Governor or be required by law.

(f) Such military training and support facilities, canteens, morale, welfare, and recreational facilities, service clubs, and other facilities as may be established and operated by the Adjutant General shall be operated in accordance with applicable regulations of the United States armed forces, subject to the orders, directions, regulations, and general supervision of the Adjutant General, and subject to such restrictions and requirements as provided by state law governing other military training facilities, recreational facilities, and service clubs operated by the Adjutant General.

Acts 1951, No. 121, § 1; 1955, No. 381, § 1; A.S.A. 1947, §§ 11-1801, 11-1803; Acts 1993, No. 924, § 1; 1993, No. 1034, § 1.
Ark. Code Ann. § 12-51-701 — AR Code / Title 12 / Chapter 51 / Subchapter 7 / Section 12-51-701
Severability and construction
Status: in_force

(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. (b) The provisions of this compact shall be liberally constructed to effectuate its purposes. Acts 2001, No. 253, § 1.

(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

(b) The provisions of this compact shall be liberally constructed to effectuate its purposes.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-8-126 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-126
Administrative subpoena for internet offenses against minor
Status: in_force

(a) The Director of the Division of Arkansas State Police or his or her designee may issue a subpoena requiring the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to an investigation of internet crimes against a minor if: (1) The subpoena relates to an investigation of an offense that involves the sexual exploitation of a minor; and (2) There is reasonable cause to believe that an internet or electronic service account provided through an electronic communication service or remote computing service has been used in the sexual exploitation or attempted sexual exploitation of the minor. (b) A subpoena under this section shall: (1) Describe any objects or items to be produced; and (2) Prescribe a reasonable return date by which those objects or items must be assembled and made available. (c) Except as provided by subsection (d) of this section, a subpoena issued under this section may require the production of any records or other documentation relevant to the investigation including without limitation: (1) A name; (2) An address; (3) A local or long distance telephone connection record, satellite-based internet service provider connection record, or record of session time and duration; (4) The duration of the applicable service, including the start date for the service and the type of service used; (5) A telephone or instrument number or other number used to identify a subscriber, including a temporarily assigned network address; and (6) The source of payment for the service, including a credit card or bank account number. (d) A provider of an electronic communication service or remote computing service may not disclose the following information in response to a subpoena issued under this section: (1) An in-transit electronic communication; (2) An account membership related to an internet group, newsgroup, mailing list, or specific area of interest; (3) An account password; or (4) Any account content, including without limitation: (A) Any form of electronic mail; (B) An address book, contact list, or buddy list; (C) A financial record; (D) Internet proxy content or internet history; or (E) A file or other digital document stored in the account or as part of the use of the account. (e) A provider of an electronic communication service or remote computing service shall disclose the information described under subsection (d) of this section if that disclosure is required by court order. (f) A person authorized to serve process under the Arkansas Rules of Civil Procedure may serve a subpoena issued under this section and shall serve the subpoena in accordance with the Arkansas Rules of Civil Procedure. (g) Before the return date specified on a subpoena issued under this section, the person receiving the subpoena may, in an appropriate court located in the county where the subpoena was issued, petition for an order to modify or quash the subpoena or to prohibit disclosure of applicable information by a court. (h) If a criminal case or proceeding does not result from the production of any books, papers, correspondence, memoranda, agreements, or other documents or records under this section within a reasonable period, the director or his or her designee shall, as appropriate: (1) Destroy the books, papers, correspondence, memoranda, agreements, or other documents or records; or (2) Return the books, papers, correspondence, memoranda, agreements, or other documents or records to the person who produced the books, papers, correspondence, memoranda, agreements, or other documents or records. Added by Act 2021, No. 550,§ 1, eff. 7/28/2021.

(a) The Director of the Division of Arkansas State Police or his or her designee may issue a subpoena requiring the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to an investigation of internet crimes against a minor if: (1) The subpoena relates to an investigation of an offense that involves the sexual exploitation of a minor; and (2) There is reasonable cause to believe that an internet or electronic service account provided through an electronic communication service or remote computing service has been used in the sexual exploitation or attempted sexual exploitation of the minor.

(1) The subpoena relates to an investigation of an offense that involves the sexual exploitation of a minor; and

(2) There is reasonable cause to believe that an internet or electronic service account provided through an electronic communication service or remote computing service has been used in the sexual exploitation or attempted sexual exploitation of the minor.

(b) A subpoena under this section shall: (1) Describe any objects or items to be produced; and (2) Prescribe a reasonable return date by which those objects or items must be assembled and made available.

(1) Describe any objects or items to be produced; and

(2) Prescribe a reasonable return date by which those objects or items must be assembled and made available.

(c) Except as provided by subsection (d) of this section, a subpoena issued under this section may require the production of any records or other documentation relevant to the investigation including without limitation: (1) A name; (2) An address; (3) A local or long distance telephone connection record, satellite-based internet service provider connection record, or record of session time and duration; (4) The duration of the applicable service, including the start date for the service and the type of service used; (5) A telephone or instrument number or other number used to identify a subscriber, including a temporarily assigned network address; and (6) The source of payment for the service, including a credit card or bank account number.

(1) A name;

(2) An address;

(3) A local or long distance telephone connection record, satellite-based internet service provider connection record, or record of session time and duration;

(4) The duration of the applicable service, including the start date for the service and the type of service used;

(5) A telephone or instrument number or other number used to identify a subscriber, including a temporarily assigned network address; and

(6) The source of payment for the service, including a credit card or bank account number.

(d) A provider of an electronic communication service or remote computing service may not disclose the following information in response to a subpoena issued under this section: (1) An in-transit electronic communication; (2) An account membership related to an internet group, newsgroup, mailing list, or specific area of interest; (3) An account password; or (4) Any account content, including without limitation: (A) Any form of electronic mail; (B) An address book, contact list, or buddy list; (C) A financial record; (D) Internet proxy content or internet history; or (E) A file or other digital document stored in the account or as part of the use of the account.

(1) An in-transit electronic communication;

(2) An account membership related to an internet group, newsgroup, mailing list, or specific area of interest;

(3) An account password; or

(4) Any account content, including without limitation: (A) Any form of electronic mail; (B) An address book, contact list, or buddy list; (C) A financial record; (D) Internet proxy content or internet history; or (E) A file or other digital document stored in the account or as part of the use of the account.

(A) Any form of electronic mail;

(B) An address book, contact list, or buddy list;

(C) A financial record;

(D) Internet proxy content or internet history; or

(E) A file or other digital document stored in the account or as part of the use of the account.

(e) A provider of an electronic communication service or remote computing service shall disclose the information described under subsection (d) of this section if that disclosure is required by court order.

(f) A person authorized to serve process under the Arkansas Rules of Civil Procedure may serve a subpoena issued under this section and shall serve the subpoena in accordance with the Arkansas Rules of Civil Procedure.

(g) Before the return date specified on a subpoena issued under this section, the person receiving the subpoena may, in an appropriate court located in the county where the subpoena was issued, petition for an order to modify or quash the subpoena or to prohibit disclosure of applicable information by a court.

(h) If a criminal case or proceeding does not result from the production of any books, papers, correspondence, memoranda, agreements, or other documents or records under this section within a reasonable period, the director or his or her designee shall, as appropriate: (1) Destroy the books, papers, correspondence, memoranda, agreements, or other documents or records; or (2) Return the books, papers, correspondence, memoranda, agreements, or other documents or records to the person who produced the books, papers, correspondence, memoranda, agreements, or other documents or records.

(1) Destroy the books, papers, correspondence, memoranda, agreements, or other documents or records; or

(2) Return the books, papers, correspondence, memoranda, agreements, or other documents or records to the person who produced the books, papers, correspondence, memoranda, agreements, or other documents or records.

Added by Act 2021, No. 550,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 12-41-708 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-708
Bonds - Terms and conditions
Status: in_force

(a) As the county jail board, municipal jail board, or public instrumentality jail board shall determine, the bonds: (1) Shall be registrable as to both principal and interest; (2) May contain exchange provisions; (3) May be in a form and denomination as the board determines; (4) May be payable on a date or dates as the board determines; (5) May be stated to mature at a time or times as the board determines; (6) May bear interest payable at such times and at such rate or rates as the board determines; (7) May be made payable at places within and without the State of Arkansas; (8) May be made subject to terms of redemption in advance of maturity at times and at prices as the board determines; and (9) May contain other terms and conditions as the board determines. (b) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration or ownerships as set forth in subsection (a) of this section. (c) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and under the provisions of the resolution of the board authorizing the issuance thereof. Acts 1983, No. 918, §§ 10, 11; A.S.A. 1947, §§ 46-456, 46-457; Acts 2003, No. 1772, § 1.

(a) As the county jail board, municipal jail board, or public instrumentality jail board shall determine, the bonds: (1) Shall be registrable as to both principal and interest; (2) May contain exchange provisions; (3) May be in a form and denomination as the board determines; (4) May be payable on a date or dates as the board determines; (5) May be stated to mature at a time or times as the board determines; (6) May bear interest payable at such times and at such rate or rates as the board determines; (7) May be made payable at places within and without the State of Arkansas; (8) May be made subject to terms of redemption in advance of maturity at times and at prices as the board determines; and (9) May contain other terms and conditions as the board determines.

(1) Shall be registrable as to both principal and interest;

(2) May contain exchange provisions;

(3) May be in a form and denomination as the board determines;

(4) May be payable on a date or dates as the board determines;

(5) May be stated to mature at a time or times as the board determines;

(6) May bear interest payable at such times and at such rate or rates as the board determines;

(7) May be made payable at places within and without the State of Arkansas;

(8) May be made subject to terms of redemption in advance of maturity at times and at prices as the board determines; and

(9) May contain other terms and conditions as the board determines.

(b) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration or ownerships as set forth in subsection (a) of this section.

(c) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and under the provisions of the resolution of the board authorizing the issuance thereof.

Acts 1983, No. 918, §§ 10, 11; A.S.A. 1947, §§ 46-456, 46-457; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-12-914 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-914
Notice of release
Status: in_force

(a) (1) The Division of Correction shall provide notice by written or electronic means to the Arkansas Crime Information Center of the anticipated release from incarceration in a county or state penal institution of a person serving a sentence for a sex offense. (2) The Department of Human Services shall provide notice by written or electronic means to the center of the anticipated release from incarceration of a person committed following an acquittal on the grounds of mental disease or defect for a sex offense. (b) (1) (A) If available, the notice required in subsection (a) of this section shall be provided to the center ninety (90) days before the offender's anticipated release. (B) However, a good faith effort shall be made to provide the notice at least thirty (30) days before release. (2) The notice shall include the person's name, identifying factors, offense history, and anticipated future residence. (c) Upon receipt of notice, the center shall provide notice by written or electronic means to: (1) The local law enforcement agency having jurisdiction; and (2) Other state and local law enforcement agencies as appropriate for public safety. (d) (1) Where possible, victim notification pursuant to this subchapter shall be accomplished by means of the computerized victim notification system established under § 12-12-1201 et seq. (2) If notification cannot be made throughout the system established under § 12-12-1201 et seq., the Division of Correction shall provide the notification to the victim. Amended by Act 2019, No. 910,§ 718, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 717, eff. 7/1/2019. Acts 1997, No. 989, § 14; 1999, No. 1353, § 9; 2001, No. 1743, § 11.

(a) (1) The Division of Correction shall provide notice by written or electronic means to the Arkansas Crime Information Center of the anticipated release from incarceration in a county or state penal institution of a person serving a sentence for a sex offense. (2) The Department of Human Services shall provide notice by written or electronic means to the center of the anticipated release from incarceration of a person committed following an acquittal on the grounds of mental disease or defect for a sex offense.

(1) The Division of Correction shall provide notice by written or electronic means to the Arkansas Crime Information Center of the anticipated release from incarceration in a county or state penal institution of a person serving a sentence for a sex offense.

(2) The Department of Human Services shall provide notice by written or electronic means to the center of the anticipated release from incarceration of a person committed following an acquittal on the grounds of mental disease or defect for a sex offense.

(b) (1) (A) If available, the notice required in subsection (a) of this section shall be provided to the center ninety (90) days before the offender's anticipated release. (B) However, a good faith effort shall be made to provide the notice at least thirty (30) days before release. (2) The notice shall include the person's name, identifying factors, offense history, and anticipated future residence.

(1) (A) If available, the notice required in subsection (a) of this section shall be provided to the center ninety (90) days before the offender's anticipated release. (B) However, a good faith effort shall be made to provide the notice at least thirty (30) days before release.

(A) If available, the notice required in subsection (a) of this section shall be provided to the center ninety (90) days before the offender's anticipated release.

(B) However, a good faith effort shall be made to provide the notice at least thirty (30) days before release.

(2) The notice shall include the person's name, identifying factors, offense history, and anticipated future residence.

(c) Upon receipt of notice, the center shall provide notice by written or electronic means to: (1) The local law enforcement agency having jurisdiction; and (2) Other state and local law enforcement agencies as appropriate for public safety.

(1) The local law enforcement agency having jurisdiction; and

(2) Other state and local law enforcement agencies as appropriate for public safety.

(d) (1) Where possible, victim notification pursuant to this subchapter shall be accomplished by means of the computerized victim notification system established under § 12-12-1201 et seq. (2) If notification cannot be made throughout the system established under § 12-12-1201 et seq., the Division of Correction shall provide the notification to the victim.

(1) Where possible, victim notification pursuant to this subchapter shall be accomplished by means of the computerized victim notification system established under § 12-12-1201 et seq.

(2) If notification cannot be made throughout the system established under § 12-12-1201 et seq., the Division of Correction shall provide the notification to the victim.

Amended by Act 2019, No. 910,§ 718, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 717, eff. 7/1/2019.

Acts 1997, No. 989, § 14; 1999, No. 1353, § 9; 2001, No. 1743, § 11.
Ark. Code Ann. § 12-49-201 — AR Code / Title 12 / Chapter 49 / Subchapter 2 / Section 12-49-201
Signing and ratification - Terms
Status: in_force

The Governor on behalf of this state is authorized to execute a compact, in substantially the following form, with any one (1) or more of the states of Alabama, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, Tennessee, and Texas, and the General Assembly hereby signifies in advance its approval and ratification of the compact: SOUTH CENTRAL INTERSTATE CORRECTIONS COMPACT Article I Purpose The party states find that special problems involved in the incarceration of women prisoners make it impracticable for each state to provide facilities and programs of sufficiently high quality for the confinement, treatment, and rehabilitation of women prisoners in accordance with recognized penological standards. Accordingly, it is the policy of each of the party states to provide such programs and facilities on a basis of co-operation with one another thereby making possible the operation and maintenance of correctional institutions for women on an efficient basis that will promote the best interest of women prisoners and of society as a whole. To these ends, the purpose of this Compact is to provide adequate care and rehabilitation of women prisoners, in the South Central States through effective interstate co-operation. Article II Definitions A. As used in this Compact, the term "sending state" shall mean a state party to this Compact in which conviction was had. B. As used in this Compact, the term "receiving state" shall mean a state party to this Compact to which a prisoner is sent for incarceration other than the state in which conviction was had. C. A "woman prisoner" as used herein is any female prisoner who has been convicted of a criminal offense and is subject to commitment under the laws of a sending state. Article III Board Created There is hereby created the South Central Interstate Corrections Board, an agency of the states party to this Compact, with the powers and duties conferred upon it by this Compact. The Board shall be composed of two members from each party state to be designated and to serve as provided by the law of such state. At least one member from each party state shall be an officer of an administrative agency of such state dealing with penal or correctional institutions. Article IV Board Powers and Duties The Board shall have power to: 1. Study interstate problems in the corrections fields and recommend such measures as it may deem necessary for administrative or legislative action by the party states. 2. Study and recommend groupings of the party states with respect to the use of each Compact Institution as defined herein so as to facilitate the most efficient service of the area, use of the institution, and care and rehabilitation of the prisoners. 3. Receive from time to time and review reports from each receiving state concerning costs, methods, practices, rehabilitation programs, and returns from programs of prisoner employment, if any, in the Compact Institutions and make general recommendations as to the administration of the interstate program in such institutions. 4. Receive copies of all contracts between or among party states entered into pursuant to this Compact and make general recommendations as to procedures, practices, and contract provisions. 5. Receive and expend for the purposes of this Compact any funds that a party state may from time to time appropriate and make such accounting therefor as the party state may require. Article V Board Meetings, Rules, Expenses The Board shall meet at least once each year and shall elect annually from among its members a chairman, vice-chairman, and secretary. The Board shall adopt rules and regulations for the conduct of its business. The expenses of each Board member and of such other persons who may attend meetings of the Board or its panels or committees on behalf of a state shall be met by that state in accordance with its law. Article VI Contracts and Reports A. The appropriate administrative agencies of the party states may enter into contracts consistent with and embodying the standards contained in this Compact covering in specific terms the charge or charges of the receiving state for prisoner care and the obligations of the sending and receiving states for delivery and retaking of prisoners and for services which shall be rendered, for duration of contract, and for all other necessary matters. B. The representatives on the Board of any group of states which have entered into arrangements with respect to a Compact Institution may constitute a panel of the Board which shall have the power to make recommendations regarding that institution. C. An appropriate administrative officer in each state within which a Compact Institution is located shall make annual reports to the Board as to the loads, costs, methods, practices, rehabilitation programs, and returns from programs of prisoner employment, if any, in such Compact Institution including such recommendations as to these matters and as to the interstate program as such administrator may deem advisable. D. Copies of all contracts entered into under this article shall be filed with the Board in such manner as it may prescribe. Article VII Reports to Governors and Legislatures The Board shall report annually to the Governors and legislatures of the party states concerning all activities under this Compact and such recommendations for action by the party states as the Board shall deem necessary. Article VIII Rights and Duties of Sending and Receiving States A. Whenever the duly constituted judicial or administrative authorities in a state party to the Compact and which has entered a contract under Article VI, shall decide that incarceration of a woman prisoner within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide the best available program of rehabilitation said officials may direct that the incarceration be within a prison or other correctional institution within the territory of said other party state, such receiving state to act in that regard solely as agent for the sending state. B. Upon the request of the South Central Interstate Corrections Board established by Article III of this Compact, any state which adopts this Compact may designate a correctional institution for women within said state as a "Compact Institution" wherein other party states may incarcerate women prisoners whenever contracts therefor shall be made pursuant to Article VI of this Compact. The appropriate administrative and legislative officials of any state party to this Compact shall have access to any Compact Institution at all reasonable times for the purpose of inspecting the facilities thereof and visiting such of its prisoners as may be confined in the institution. C. Persons confined in a Compact Institution pursuant to the terms of this Compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed from said Compact Institution for transfer to a prison or other correctional institution within the sending state, for transfer to another Compact Institution, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state, provided that the sending state shall continue to be obligated to such payments as may be provided pursuant to the terms of any contracts entered into under the provisions of Article VI. D. Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in the Compact Institution including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. E. All persons who may be confined in a Compact Institution pursuant to the provisions of this Compact shall be treated in a reasonable and humane manner. The fact of incarceration in a receiving state shall not deprive any person so incarcerated of any legal rights which said person would have had if incarcerated in an appropriate institution of the sending state. F. Any hearing or hearings to which a prisoner incarcerated pursuant to this Compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event that such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state. G. Any person incarcerated under the terms of this Compact shall be released within the territory of the sending state unless the prisoner and the sending and receiving states shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. Article IX When Effective This Compact shall enter into force and become effective and binding upon the states so acting when it has been enacted by any two of the States of Alabama, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, Tennessee, and Texas, and, thereafter, shall enter into force and become effective and binding as to any other of said states upon similar action by such other state. Article X Withdrawal This Compact shall continue in force and remain binding upon a party state until the legislature or Governor of such state, as its laws shall provide, takes action to withdraw therefrom. Such action shall not be effective until two years after the notice thereof has been sent by the Governor of the state desiring to withdraw to the Governors of all the other states then party to the Compact. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal a withdrawing state shall remove to its territory at its own expense such prisoners as it may have incarcerated pursuant to the provisions of this Compact. Article XI Severability The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be unconstitutional or the applicability thereof to any state, agency, person, or circumstance is held invalid, the constitutionality of this Compact and the applicability thereof to any other state, agency, person, or circumstance shall not be affected thereby. It is intended that the provisions of this Compact be reasonable and liberally construed. Acts 1957, No. 361, § 1; A.S.A. 1947, § 46-1001.

The Governor on behalf of this state is authorized to execute a compact, in substantially the following form, with any one (1) or more of the states of Alabama, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, Tennessee, and Texas, and the General Assembly hereby signifies in advance its approval and ratification of the compact:

SOUTH CENTRAL INTERSTATE CORRECTIONS COMPACT

Article I Purpose The party states find that special problems involved in the incarceration of women prisoners make it impracticable for each state to provide facilities and programs of sufficiently high quality for the confinement, treatment, and rehabilitation of women prisoners in accordance with recognized penological standards. Accordingly, it is the policy of each of the party states to provide such programs and facilities on a basis of co-operation with one another thereby making possible the operation and maintenance of correctional institutions for women on an efficient basis that will promote the best interest of women prisoners and of society as a whole. To these ends, the purpose of this Compact is to provide adequate care and rehabilitation of women prisoners, in the South Central States through effective interstate co-operation.

The party states find that special problems involved in the incarceration of women prisoners make it impracticable for each state to provide facilities and programs of sufficiently high quality for the confinement, treatment, and rehabilitation of women prisoners in accordance with recognized penological standards. Accordingly, it is the policy of each of the party states to provide such programs and facilities on a basis of co-operation with one another thereby making possible the operation and maintenance of correctional institutions for women on an efficient basis that will promote the best interest of women prisoners and of society as a whole. To these ends, the purpose of this Compact is to provide adequate care and rehabilitation of women prisoners, in the South Central States through effective interstate co-operation.

Article II Definitions A. As used in this Compact, the term "sending state" shall mean a state party to this Compact in which conviction was had. B. As used in this Compact, the term "receiving state" shall mean a state party to this Compact to which a prisoner is sent for incarceration other than the state in which conviction was had. C. A "woman prisoner" as used herein is any female prisoner who has been convicted of a criminal offense and is subject to commitment under the laws of a sending state.

A. As used in this Compact, the term "sending state" shall mean a state party to this Compact in which conviction was had.

B. As used in this Compact, the term "receiving state" shall mean a state party to this Compact to which a prisoner is sent for incarceration other than the state in which conviction was had.

C. A "woman prisoner" as used herein is any female prisoner who has been convicted of a criminal offense and is subject to commitment under the laws of a sending state.

Article III Board Created There is hereby created the South Central Interstate Corrections Board, an agency of the states party to this Compact, with the powers and duties conferred upon it by this Compact. The Board shall be composed of two members from each party state to be designated and to serve as provided by the law of such state. At least one member from each party state shall be an officer of an administrative agency of such state dealing with penal or correctional institutions.

There is hereby created the South Central Interstate Corrections Board, an agency of the states party to this Compact, with the powers and duties conferred upon it by this Compact. The Board shall be composed of two members from each party state to be designated and to serve as provided by the law of such state. At least one member from each party state shall be an officer of an administrative agency of such state dealing with penal or correctional institutions.

Article IV Board Powers and Duties The Board shall have power to: 1. Study interstate problems in the corrections fields and recommend such measures as it may deem necessary for administrative or legislative action by the party states. 2. Study and recommend groupings of the party states with respect to the use of each Compact Institution as defined herein so as to facilitate the most efficient service of the area, use of the institution, and care and rehabilitation of the prisoners. 3. Receive from time to time and review reports from each receiving state concerning costs, methods, practices, rehabilitation programs, and returns from programs of prisoner employment, if any, in the Compact Institutions and make general recommendations as to the administration of the interstate program in such institutions. 4. Receive copies of all contracts between or among party states entered into pursuant to this Compact and make general recommendations as to procedures, practices, and contract provisions. 5. Receive and expend for the purposes of this Compact any funds that a party state may from time to time appropriate and make such accounting therefor as the party state may require.

The Board shall have power to:

1. Study interstate problems in the corrections fields and recommend such measures as it may deem necessary for administrative or legislative action by the party states.

2. Study and recommend groupings of the party states with respect to the use of each Compact Institution as defined herein so as to facilitate the most efficient service of the area, use of the institution, and care and rehabilitation of the prisoners.

3. Receive from time to time and review reports from each receiving state concerning costs, methods, practices, rehabilitation programs, and returns from programs of prisoner employment, if any, in the Compact Institutions and make general recommendations as to the administration of the interstate program in such institutions.

4. Receive copies of all contracts between or among party states entered into pursuant to this Compact and make general recommendations as to procedures, practices, and contract provisions.

5. Receive and expend for the purposes of this Compact any funds that a party state may from time to time appropriate and make such accounting therefor as the party state may require.

Article V Board Meetings, Rules, Expenses The Board shall meet at least once each year and shall elect annually from among its members a chairman, vice-chairman, and secretary. The Board shall adopt rules and regulations for the conduct of its business. The expenses of each Board member and of such other persons who may attend meetings of the Board or its panels or committees on behalf of a state shall be met by that state in accordance with its law.

The Board shall meet at least once each year and shall elect annually from among its members a chairman, vice-chairman, and secretary. The Board shall adopt rules and regulations for the conduct of its business. The expenses of each Board member and of such other persons who may attend meetings of the Board or its panels or committees on behalf of a state shall be met by that state in accordance with its law.

Article VI Contracts and Reports A. The appropriate administrative agencies of the party states may enter into contracts consistent with and embodying the standards contained in this Compact covering in specific terms the charge or charges of the receiving state for prisoner care and the obligations of the sending and receiving states for delivery and retaking of prisoners and for services which shall be rendered, for duration of contract, and for all other necessary matters. B. The representatives on the Board of any group of states which have entered into arrangements with respect to a Compact Institution may constitute a panel of the Board which shall have the power to make recommendations regarding that institution. C. An appropriate administrative officer in each state within which a Compact Institution is located shall make annual reports to the Board as to the loads, costs, methods, practices, rehabilitation programs, and returns from programs of prisoner employment, if any, in such Compact Institution including such recommendations as to these matters and as to the interstate program as such administrator may deem advisable. D. Copies of all contracts entered into under this article shall be filed with the Board in such manner as it may prescribe.

A. The appropriate administrative agencies of the party states may enter into contracts consistent with and embodying the standards contained in this Compact covering in specific terms the charge or charges of the receiving state for prisoner care and the obligations of the sending and receiving states for delivery and retaking of prisoners and for services which shall be rendered, for duration of contract, and for all other necessary matters.

B. The representatives on the Board of any group of states which have entered into arrangements with respect to a Compact Institution may constitute a panel of the Board which shall have the power to make recommendations regarding that institution.

C. An appropriate administrative officer in each state within which a Compact Institution is located shall make annual reports to the Board as to the loads, costs, methods, practices, rehabilitation programs, and returns from programs of prisoner employment, if any, in such Compact Institution including such recommendations as to these matters and as to the interstate program as such administrator may deem advisable.

D. Copies of all contracts entered into under this article shall be filed with the Board in such manner as it may prescribe.

Article VII Reports to Governors and Legislatures The Board shall report annually to the Governors and legislatures of the party states concerning all activities under this Compact and such recommendations for action by the party states as the Board shall deem necessary.

The Board shall report annually to the Governors and legislatures of the party states concerning all activities under this Compact and such recommendations for action by the party states as the Board shall deem necessary.

Article VIII Rights and Duties of Sending and Receiving States A. Whenever the duly constituted judicial or administrative authorities in a state party to the Compact and which has entered a contract under Article VI, shall decide that incarceration of a woman prisoner within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide the best available program of rehabilitation said officials may direct that the incarceration be within a prison or other correctional institution within the territory of said other party state, such receiving state to act in that regard solely as agent for the sending state. B. Upon the request of the South Central Interstate Corrections Board established by Article III of this Compact, any state which adopts this Compact may designate a correctional institution for women within said state as a "Compact Institution" wherein other party states may incarcerate women prisoners whenever contracts therefor shall be made pursuant to Article VI of this Compact. The appropriate administrative and legislative officials of any state party to this Compact shall have access to any Compact Institution at all reasonable times for the purpose of inspecting the facilities thereof and visiting such of its prisoners as may be confined in the institution. C. Persons confined in a Compact Institution pursuant to the terms of this Compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed from said Compact Institution for transfer to a prison or other correctional institution within the sending state, for transfer to another Compact Institution, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state, provided that the sending state shall continue to be obligated to such payments as may be provided pursuant to the terms of any contracts entered into under the provisions of Article VI. D. Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in the Compact Institution including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. E. All persons who may be confined in a Compact Institution pursuant to the provisions of this Compact shall be treated in a reasonable and humane manner. The fact of incarceration in a receiving state shall not deprive any person so incarcerated of any legal rights which said person would have had if incarcerated in an appropriate institution of the sending state. F. Any hearing or hearings to which a prisoner incarcerated pursuant to this Compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event that such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state. G. Any person incarcerated under the terms of this Compact shall be released within the territory of the sending state unless the prisoner and the sending and receiving states shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

A. Whenever the duly constituted judicial or administrative authorities in a state party to the Compact and which has entered a contract under Article VI, shall decide that incarceration of a woman prisoner within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide the best available program of rehabilitation said officials may direct that the incarceration be within a prison or other correctional institution within the territory of said other party state, such receiving state to act in that regard solely as agent for the sending state.

B. Upon the request of the South Central Interstate Corrections Board established by Article III of this Compact, any state which adopts this Compact may designate a correctional institution for women within said state as a "Compact Institution" wherein other party states may incarcerate women prisoners whenever contracts therefor shall be made pursuant to Article VI of this Compact. The appropriate administrative and legislative officials of any state party to this Compact shall have access to any Compact Institution at all reasonable times for the purpose of inspecting the facilities thereof and visiting such of its prisoners as may be confined in the institution.

C. Persons confined in a Compact Institution pursuant to the terms of this Compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed from said Compact Institution for transfer to a prison or other correctional institution within the sending state, for transfer to another Compact Institution, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state, provided that the sending state shall continue to be obligated to such payments as may be provided pursuant to the terms of any contracts entered into under the provisions of Article VI.

D. Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in the Compact Institution including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

E. All persons who may be confined in a Compact Institution pursuant to the provisions of this Compact shall be treated in a reasonable and humane manner. The fact of incarceration in a receiving state shall not deprive any person so incarcerated of any legal rights which said person would have had if incarcerated in an appropriate institution of the sending state.

F. Any hearing or hearings to which a prisoner incarcerated pursuant to this Compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event that such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state.

G. Any person incarcerated under the terms of this Compact shall be released within the territory of the sending state unless the prisoner and the sending and receiving states shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

Article IX When Effective This Compact shall enter into force and become effective and binding upon the states so acting when it has been enacted by any two of the States of Alabama, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, Tennessee, and Texas, and, thereafter, shall enter into force and become effective and binding as to any other of said states upon similar action by such other state.

This Compact shall enter into force and become effective and binding upon the states so acting when it has been enacted by any two of the States of Alabama, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, Tennessee, and Texas, and, thereafter, shall enter into force and become effective and binding as to any other of said states upon similar action by such other state.

Article X Withdrawal This Compact shall continue in force and remain binding upon a party state until the legislature or Governor of such state, as its laws shall provide, takes action to withdraw therefrom. Such action shall not be effective until two years after the notice thereof has been sent by the Governor of the state desiring to withdraw to the Governors of all the other states then party to the Compact. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal a withdrawing state shall remove to its territory at its own expense such prisoners as it may have incarcerated pursuant to the provisions of this Compact.

This Compact shall continue in force and remain binding upon a party state until the legislature or Governor of such state, as its laws shall provide, takes action to withdraw therefrom. Such action shall not be effective until two years after the notice thereof has been sent by the Governor of the state desiring to withdraw to the Governors of all the other states then party to the Compact. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal a withdrawing state shall remove to its territory at its own expense such prisoners as it may have incarcerated pursuant to the provisions of this Compact.

Article XI Severability The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be unconstitutional or the applicability thereof to any state, agency, person, or circumstance is held invalid, the constitutionality of this Compact and the applicability thereof to any other state, agency, person, or circumstance shall not be affected thereby. It is intended that the provisions of this Compact be reasonable and liberally construed.

The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be unconstitutional or the applicability thereof to any state, agency, person, or circumstance is held invalid, the constitutionality of this Compact and the applicability thereof to any other state, agency, person, or circumstance shall not be affected thereby. It is intended that the provisions of this Compact be reasonable and liberally construed.

Acts 1957, No. 361, § 1; A.S.A. 1947, § 46-1001.
Ark. Code Ann. § 12-62-703 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-703
Purpose
Status: in_force

The purpose of this subchapter is to provide civil relief to soldiers and airmen of the Arkansas National Guard who are called into the extended active military service of the State of Arkansas. Acts 2003, No. 1003, § 3.

The purpose of this subchapter is to provide civil relief to soldiers and airmen of the Arkansas National Guard who are called into the extended active military service of the State of Arkansas.

Acts 2003, No. 1003, § 3.