Ark. Code Ann. § 5-53-134 — AR Code / Title 5 / Chapter 53 / Subchapter 1 / Section 5-53-134
Violation of an order of protection
Status: in_force

(a) (1) A person commits the offense of violation of an order of protection if: (A) A circuit court or other court with competent jurisdiction has issued a temporary order of protection or an order of protection against the person pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.; (B) The person has received actual notice or notice pursuant to the Arkansas Rules of Civil Procedure of a temporary order of protection or an order of protection pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.; and (C) The person knowingly violates a condition of an order of protection issued pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq. (2) A person commits the offense of violation of an out-of-state order of protection if: (A) The court of another state, a federally recognized Indian tribe, or a territory with jurisdiction over the parties and matters has issued a temporary order of protection or an order of protection against the person pursuant to the laws or rules of the other state, federally recognized Indian tribe, or territory; (B) The person has received actual notice or other lawful notice of a temporary order of protection or an order of protection pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory; (C) The person knowingly violates a condition of an order of protection issued pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory; and (D) The requirements of § 9-15-302 concerning the full faith and credit for an out-of-state order of protection have been met. (3) (A) A service member commits the offense of violation of a military order of protection if: (i) The commanding general, a military judge, or a special courts-martial convening authority as authorized by § 12-64-406(b) issues a military order of protection against the service member; (ii) The service member receives actual notice or other lawful notice of the military order of protection as authorized under United States Department of Defense Instruction 6400.06, as it existed on January 1, 2017; and (iii) The service member knowingly violates a condition of the military order of protection. (B) A prosecution against a service member for the offense of violation of a military order of protection does not prohibit the commanding general or military commander who issued the military order of protection from pursuing appropriate disciplinary action against the service member under the Military Code of Arkansas. (b) (1) Except as provided in subdivision (b)(2) of this section, violation of an order of protection under this section is a Class A misdemeanor. (2) Violation of an order of protection under this section is a Class D felony if: (A) The offense is committed within five (5) years of a previous conviction for violation of an order of protection under this section; and (B) The order of protection was issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate. (c) (1) A law enforcement officer may arrest and take into custody without a warrant a person whom the law enforcement officer has probable cause to believe: (A) Is subject to an order of protection issued under the laws of this state; and (B) Has violated the terms of the order of protection, even if the violation did not take place in the presence of the law enforcement officer. (2) Under § 9-15-302 , a law enforcement officer or law enforcement agency may arrest and take into custody without a warrant a person whom the law enforcement officer or law enforcement agency has probable cause to believe: (A) Is subject to: (i) An order of protection issued under the laws or rules of another state, a federally recognized Indian tribe, or a territory; or (ii) A military order of protection; and (B) Has violated the terms of the order of protection issued under the laws or rules of the other state, federally recognized Indian tribe, or territory, or the military order of protection, even if the violation did not take place in the presence of the law enforcement officer. (3) (A) If a service member is in the custody of a law enforcement agency as authorized in subdivision (c)(2) of this section, the law enforcement agency shall notify the office of the Adjutant General of the Arkansas National Guard within twenty-four (24) hours from the time the service member was placed in the custody of the law enforcement agency. (B) (i) The Arkansas National Guard shall take custody of the service member within forty-eight (48) hours from the time the service member was placed in the custody of the law enforcement agency. (ii) However, if the Arkansas National Guard does not take custody of the service member as required by subdivision (c)(3)(B)(i) of this section, the law enforcement agency shall release the service member. (d) It is an affirmative defense to a prosecution under this section if: (1) The parties have reconciled prior to the violation of the order of protection; (2) The petitioner for the order of protection: (A) Invited the defendant to come to the petitioner's residence or place of employment listed in the order of protection; and (B) Knew that the defendant's presence at the petitioner's residence or place of employment would be in violation of the order of protection; (3) The petitioner for the order of protection arranged or invited the defendant into meeting at a location or took affirmative steps to communicate with the defendant with the promise that the petitioner would not report the defendant to law enforcement for violating the order of protection; or (4) The petitioner for the order of protection visited the residence or place of employment of the defendant on his or her own accord and without any threat, duress, or coercion on the part of the defendant. (e) Any law enforcement officer acting in good faith and exercising due care in making an arrest for domestic abuse in an effort to comply with this subchapter shall have immunity from civil or criminal liability. (f) As used in this section: (1) "Military order of protection" means an official command directed at a service member for the purpose of preventing violent and threatening acts against a person who: (A) Is the current or former spouse of the service member; (B) Is or was a child, stepchild, parent, stepparent, sibling, guardian, or ward of the service member; (C) Is residing or cohabitating or in the past has resided or cohabitated with the service member; (D) Has or had a child in common with the service member; (E) Is or has been in a dating relationship with the service member as defined by § 9-15-103 ; (F) Has had an intimate sexual relationship with the service member; or (G) Has made allegations against the service member of violations of the punitive article of sexual assault as defined by § 12-64-852 ; and (2) "Service member" means a person serving in: (A) Any branch or reserve component of the United States Armed Forces; or (B) The National Guard of any state. Amended by Act 2021, No. 185,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 905,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 458,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 515,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 515,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 515,§ 1, eff. 8/1/2017. Acts 1991, No. 267, § 1; 1991, No. 1236, § 1; 2003, No. 651, § 4; 2009, No. 331, § 1; 2011, No. 810, § 1.

(a) (1) A person commits the offense of violation of an order of protection if: (A) A circuit court or other court with competent jurisdiction has issued a temporary order of protection or an order of protection against the person pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.; (B) The person has received actual notice or notice pursuant to the Arkansas Rules of Civil Procedure of a temporary order of protection or an order of protection pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.; and (C) The person knowingly violates a condition of an order of protection issued pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq. (2) A person commits the offense of violation of an out-of-state order of protection if: (A) The court of another state, a federally recognized Indian tribe, or a territory with jurisdiction over the parties and matters has issued a temporary order of protection or an order of protection against the person pursuant to the laws or rules of the other state, federally recognized Indian tribe, or territory; (B) The person has received actual notice or other lawful notice of a temporary order of protection or an order of protection pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory; (C) The person knowingly violates a condition of an order of protection issued pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory; and (D) The requirements of § 9-15-302 concerning the full faith and credit for an out-of-state order of protection have been met. (3) (A) A service member commits the offense of violation of a military order of protection if: (i) The commanding general, a military judge, or a special courts-martial convening authority as authorized by § 12-64-406(b) issues a military order of protection against the service member; (ii) The service member receives actual notice or other lawful notice of the military order of protection as authorized under United States Department of Defense Instruction 6400.06, as it existed on January 1, 2017; and (iii) The service member knowingly violates a condition of the military order of protection. (B) A prosecution against a service member for the offense of violation of a military order of protection does not prohibit the commanding general or military commander who issued the military order of protection from pursuing appropriate disciplinary action against the service member under the Military Code of Arkansas.

(1) A person commits the offense of violation of an order of protection if: (A) A circuit court or other court with competent jurisdiction has issued a temporary order of protection or an order of protection against the person pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.; (B) The person has received actual notice or notice pursuant to the Arkansas Rules of Civil Procedure of a temporary order of protection or an order of protection pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.; and (C) The person knowingly violates a condition of an order of protection issued pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.

(A) A circuit court or other court with competent jurisdiction has issued a temporary order of protection or an order of protection against the person pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.;

(B) The person has received actual notice or notice pursuant to the Arkansas Rules of Civil Procedure of a temporary order of protection or an order of protection pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.; and

(C) The person knowingly violates a condition of an order of protection issued pursuant to the Domestic Abuse Act of 1991, § 9-15-101 et seq.

(2) A person commits the offense of violation of an out-of-state order of protection if: (A) The court of another state, a federally recognized Indian tribe, or a territory with jurisdiction over the parties and matters has issued a temporary order of protection or an order of protection against the person pursuant to the laws or rules of the other state, federally recognized Indian tribe, or territory; (B) The person has received actual notice or other lawful notice of a temporary order of protection or an order of protection pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory; (C) The person knowingly violates a condition of an order of protection issued pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory; and (D) The requirements of § 9-15-302 concerning the full faith and credit for an out-of-state order of protection have been met.

(A) The court of another state, a federally recognized Indian tribe, or a territory with jurisdiction over the parties and matters has issued a temporary order of protection or an order of protection against the person pursuant to the laws or rules of the other state, federally recognized Indian tribe, or territory;

(B) The person has received actual notice or other lawful notice of a temporary order of protection or an order of protection pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory;

(C) The person knowingly violates a condition of an order of protection issued pursuant to the laws or rules of the other state, the federally recognized Indian tribe, or the territory; and

(D) The requirements of § 9-15-302 concerning the full faith and credit for an out-of-state order of protection have been met.

(3) (A) A service member commits the offense of violation of a military order of protection if: (i) The commanding general, a military judge, or a special courts-martial convening authority as authorized by § 12-64-406(b) issues a military order of protection against the service member; (ii) The service member receives actual notice or other lawful notice of the military order of protection as authorized under United States Department of Defense Instruction 6400.06, as it existed on January 1, 2017; and (iii) The service member knowingly violates a condition of the military order of protection. (B) A prosecution against a service member for the offense of violation of a military order of protection does not prohibit the commanding general or military commander who issued the military order of protection from pursuing appropriate disciplinary action against the service member under the Military Code of Arkansas.

(A) A service member commits the offense of violation of a military order of protection if: (i) The commanding general, a military judge, or a special courts-martial convening authority as authorized by § 12-64-406(b) issues a military order of protection against the service member; (ii) The service member receives actual notice or other lawful notice of the military order of protection as authorized under United States Department of Defense Instruction 6400.06, as it existed on January 1, 2017; and (iii) The service member knowingly violates a condition of the military order of protection.

(i) The commanding general, a military judge, or a special courts-martial convening authority as authorized by § 12-64-406(b) issues a military order of protection against the service member;

(ii) The service member receives actual notice or other lawful notice of the military order of protection as authorized under United States Department of Defense Instruction 6400.06, as it existed on January 1, 2017; and

(iii) The service member knowingly violates a condition of the military order of protection.

(B) A prosecution against a service member for the offense of violation of a military order of protection does not prohibit the commanding general or military commander who issued the military order of protection from pursuing appropriate disciplinary action against the service member under the Military Code of Arkansas.

(b) (1) Except as provided in subdivision (b)(2) of this section, violation of an order of protection under this section is a Class A misdemeanor. (2) Violation of an order of protection under this section is a Class D felony if: (A) The offense is committed within five (5) years of a previous conviction for violation of an order of protection under this section; and (B) The order of protection was issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate.

(1) Except as provided in subdivision (b)(2) of this section, violation of an order of protection under this section is a Class A misdemeanor.

(2) Violation of an order of protection under this section is a Class D felony if: (A) The offense is committed within five (5) years of a previous conviction for violation of an order of protection under this section; and (B) The order of protection was issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate.

(A) The offense is committed within five (5) years of a previous conviction for violation of an order of protection under this section; and

(B) The order of protection was issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate.

(c) (1) A law enforcement officer may arrest and take into custody without a warrant a person whom the law enforcement officer has probable cause to believe: (A) Is subject to an order of protection issued under the laws of this state; and (B) Has violated the terms of the order of protection, even if the violation did not take place in the presence of the law enforcement officer. (2) Under § 9-15-302 , a law enforcement officer or law enforcement agency may arrest and take into custody without a warrant a person whom the law enforcement officer or law enforcement agency has probable cause to believe: (A) Is subject to: (i) An order of protection issued under the laws or rules of another state, a federally recognized Indian tribe, or a territory; or (ii) A military order of protection; and (B) Has violated the terms of the order of protection issued under the laws or rules of the other state, federally recognized Indian tribe, or territory, or the military order of protection, even if the violation did not take place in the presence of the law enforcement officer. (3) (A) If a service member is in the custody of a law enforcement agency as authorized in subdivision (c)(2) of this section, the law enforcement agency shall notify the office of the Adjutant General of the Arkansas National Guard within twenty-four (24) hours from the time the service member was placed in the custody of the law enforcement agency. (B) (i) The Arkansas National Guard shall take custody of the service member within forty-eight (48) hours from the time the service member was placed in the custody of the law enforcement agency. (ii) However, if the Arkansas National Guard does not take custody of the service member as required by subdivision (c)(3)(B)(i) of this section, the law enforcement agency shall release the service member.

(1) A law enforcement officer may arrest and take into custody without a warrant a person whom the law enforcement officer has probable cause to believe: (A) Is subject to an order of protection issued under the laws of this state; and (B) Has violated the terms of the order of protection, even if the violation did not take place in the presence of the law enforcement officer.

(A) Is subject to an order of protection issued under the laws of this state; and

(B) Has violated the terms of the order of protection, even if the violation did not take place in the presence of the law enforcement officer.

(2) Under § 9-15-302 , a law enforcement officer or law enforcement agency may arrest and take into custody without a warrant a person whom the law enforcement officer or law enforcement agency has probable cause to believe: (A) Is subject to: (i) An order of protection issued under the laws or rules of another state, a federally recognized Indian tribe, or a territory; or (ii) A military order of protection; and (B) Has violated the terms of the order of protection issued under the laws or rules of the other state, federally recognized Indian tribe, or territory, or the military order of protection, even if the violation did not take place in the presence of the law enforcement officer.

(A) Is subject to: (i) An order of protection issued under the laws or rules of another state, a federally recognized Indian tribe, or a territory; or (ii) A military order of protection; and

(i) An order of protection issued under the laws or rules of another state, a federally recognized Indian tribe, or a territory; or

(ii) A military order of protection; and

(B) Has violated the terms of the order of protection issued under the laws or rules of the other state, federally recognized Indian tribe, or territory, or the military order of protection, even if the violation did not take place in the presence of the law enforcement officer.

(3) (A) If a service member is in the custody of a law enforcement agency as authorized in subdivision (c)(2) of this section, the law enforcement agency shall notify the office of the Adjutant General of the Arkansas National Guard within twenty-four (24) hours from the time the service member was placed in the custody of the law enforcement agency. (B) (i) The Arkansas National Guard shall take custody of the service member within forty-eight (48) hours from the time the service member was placed in the custody of the law enforcement agency. (ii) However, if the Arkansas National Guard does not take custody of the service member as required by subdivision (c)(3)(B)(i) of this section, the law enforcement agency shall release the service member.

(A) If a service member is in the custody of a law enforcement agency as authorized in subdivision (c)(2) of this section, the law enforcement agency shall notify the office of the Adjutant General of the Arkansas National Guard within twenty-four (24) hours from the time the service member was placed in the custody of the law enforcement agency.

(B) (i) The Arkansas National Guard shall take custody of the service member within forty-eight (48) hours from the time the service member was placed in the custody of the law enforcement agency. (ii) However, if the Arkansas National Guard does not take custody of the service member as required by subdivision (c)(3)(B)(i) of this section, the law enforcement agency shall release the service member.

(i) The Arkansas National Guard shall take custody of the service member within forty-eight (48) hours from the time the service member was placed in the custody of the law enforcement agency.

(ii) However, if the Arkansas National Guard does not take custody of the service member as required by subdivision (c)(3)(B)(i) of this section, the law enforcement agency shall release the service member.

(d) It is an affirmative defense to a prosecution under this section if: (1) The parties have reconciled prior to the violation of the order of protection; (2) The petitioner for the order of protection: (A) Invited the defendant to come to the petitioner's residence or place of employment listed in the order of protection; and (B) Knew that the defendant's presence at the petitioner's residence or place of employment would be in violation of the order of protection; (3) The petitioner for the order of protection arranged or invited the defendant into meeting at a location or took affirmative steps to communicate with the defendant with the promise that the petitioner would not report the defendant to law enforcement for violating the order of protection; or (4) The petitioner for the order of protection visited the residence or place of employment of the defendant on his or her own accord and without any threat, duress, or coercion on the part of the defendant.

(1) The parties have reconciled prior to the violation of the order of protection;

(2) The petitioner for the order of protection: (A) Invited the defendant to come to the petitioner's residence or place of employment listed in the order of protection; and (B) Knew that the defendant's presence at the petitioner's residence or place of employment would be in violation of the order of protection;

(A) Invited the defendant to come to the petitioner's residence or place of employment listed in the order of protection; and

(B) Knew that the defendant's presence at the petitioner's residence or place of employment would be in violation of the order of protection;

(3) The petitioner for the order of protection arranged or invited the defendant into meeting at a location or took affirmative steps to communicate with the defendant with the promise that the petitioner would not report the defendant to law enforcement for violating the order of protection; or

(4) The petitioner for the order of protection visited the residence or place of employment of the defendant on his or her own accord and without any threat, duress, or coercion on the part of the defendant.

(e) Any law enforcement officer acting in good faith and exercising due care in making an arrest for domestic abuse in an effort to comply with this subchapter shall have immunity from civil or criminal liability.

(f) As used in this section: (1) "Military order of protection" means an official command directed at a service member for the purpose of preventing violent and threatening acts against a person who: (A) Is the current or former spouse of the service member; (B) Is or was a child, stepchild, parent, stepparent, sibling, guardian, or ward of the service member; (C) Is residing or cohabitating or in the past has resided or cohabitated with the service member; (D) Has or had a child in common with the service member; (E) Is or has been in a dating relationship with the service member as defined by § 9-15-103 ; (F) Has had an intimate sexual relationship with the service member; or (G) Has made allegations against the service member of violations of the punitive article of sexual assault as defined by § 12-64-852 ; and (2) "Service member" means a person serving in: (A) Any branch or reserve component of the United States Armed Forces; or (B) The National Guard of any state.

(1) "Military order of protection" means an official command directed at a service member for the purpose of preventing violent and threatening acts against a person who: (A) Is the current or former spouse of the service member; (B) Is or was a child, stepchild, parent, stepparent, sibling, guardian, or ward of the service member; (C) Is residing or cohabitating or in the past has resided or cohabitated with the service member; (D) Has or had a child in common with the service member; (E) Is or has been in a dating relationship with the service member as defined by § 9-15-103 ; (F) Has had an intimate sexual relationship with the service member; or (G) Has made allegations against the service member of violations of the punitive article of sexual assault as defined by § 12-64-852 ; and

(A) Is the current or former spouse of the service member;

(B) Is or was a child, stepchild, parent, stepparent, sibling, guardian, or ward of the service member;

(C) Is residing or cohabitating or in the past has resided or cohabitated with the service member;

(D) Has or had a child in common with the service member;

(E) Is or has been in a dating relationship with the service member as defined by § 9-15-103 ;

(F) Has had an intimate sexual relationship with the service member; or

(G) Has made allegations against the service member of violations of the punitive article of sexual assault as defined by § 12-64-852 ; and

(2) "Service member" means a person serving in: (A) Any branch or reserve component of the United States Armed Forces; or (B) The National Guard of any state.

(A) Any branch or reserve component of the United States Armed Forces; or

(B) The National Guard of any state.

Amended by Act 2021, No. 185,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 905,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 458,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 515,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 515,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 515,§ 1, eff. 8/1/2017.

Acts 1991, No. 267, § 1; 1991, No. 1236, § 1; 2003, No. 651, § 4; 2009, No. 331, § 1; 2011, No. 810, § 1.
Ark. Code Ann. § 5-4-312 — AR Code / Title 5 / Chapter 4 / Subchapter 3 / Section 5-4-312
Presentence investigation - Placement in a community correction program
Status: in_force

(a) (1) A court may require that either a presentence investigation be conducted by either the probation officer or presentence investigation officer assigned to the court or that the defense counsel of a defendant, the prosecuting attorney, a probation officer, and other persons whom the court believes have information relevant to the sentencing of the defendant submit to the court the information in writing prior to sentencing. (2) The presentence investigation or information submitted by the persons described in subdivision (a)(1) of this section shall be forwarded with the commitment order to the circuit clerk and retained in the defendant's case file. (b) Upon a preliminary determination by a court that a defendant is an eligible offender and that placement in a community correction program under § 16-93-1201 et seq. is proper, the court may: (1) (A) Suspend the imposition of the sentence or place the defendant on probation, under § 5-4-104 , § 5-4-201 et seq., §§ 5-4-301 - 5-4-307 , and § 16-93-314 . (B) A sentence under subdivision (b)(1)(A) of this section may be accompanied by assignment to a community correction program under § 16-93-1201 et seq. for a designated period of time commensurate with the goals of the community correction program assignment and the rules established by the Board of Corrections for the operation of community correction programs. (C) The court shall maintain jurisdiction over the defendant sentenced under subdivision (b)(1)(A) of this section with supervision outside the confines of the specific programming provided by probation officers assigned to the court. (D) (i) If a person sentenced under subdivision (b)(1)(A) of this section violates any term or condition of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures established by law for the revocation of suspended imposition of sentence or probation. (ii) Upon revocation as described in subdivision (b)(1)(D)(i) of this section, the court shall determine whether the defendant shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Division of Correction. (iii) If the defendant is committed to the Division of Correction under subdivision (b)(1)(D)(ii) of this section, the court shall specify if the commitment is for judicial transfer of the defendant to the Division of Community Correction or is a commitment to the Division of Correction; (2) (A) Commit the defendant to the custody of the Division of Correction for judicial transfer to the Division of Community Correction subject to the following: (i) That the sentence imposed provides that the defendant shall not serve more than three (3) years of confinement, with credit for meritorious good time, with initial placement in a Division of Community Correction facility; and (ii) That the preliminary placement in the Division of Community Correction facility is conditioned upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement and the defendant's compliance with all applicable rules established by the Board of Corrections for community correction programs. (B) Post-prison supervision of the defendant shall accompany and follow the community correction program when appropriate; or (3) (A) Sentence the defendant to the Division of Correction, granting the Division of Correction the ability to administratively transfer the defendant to the Division of Community Correction if the Division of Correction determines that the sentence imposed meets the eligibility requirements for placement in a community correction program under this subchapter and § 16-93-1201 et seq. (B) Administrative transfer to the Division of Community Correction under subdivision (b)(3)(A) of this section is conditioned upon bed space availability and upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement. (C) A determination of ineligibility under subdivision (b)(3)(A) of this section by the Division of Community Correction shall result in the immediate return of the defendant to the Division of Correction. (D) A decision to release a defendant administratively transferred to the Division of Community Correction from the Division of Correction under subdivision (b)(3)(A) of this section is vested solely with the Post-Prison Transfer Board. (c) A defendant may not be excluded from placement in a community correction program under this section based solely on the defendant's inability to speak, read, write, hear, or understand English. (d) (1) If after receipt of an order directing a defendant to a community correction center, the Division of Community Correction determines that the defendant is not eligible for placement in a community correction program under § 16-93-1201 et seq., the Division of Community Correction shall not admit the defendant but shall immediately notify the prosecuting attorney in writing. (2) After receipt of the notice required under subdivision (d)(1) of this section, the prosecuting attorney shall notify the court of the defendant's ineligibility for placement in a community correction center, and the court shall resentence the defendant accordingly. Amended by Act 2023, No. 659,§ 12, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 655, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 654, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 653, eff. 7/1/2019. Amended by Act 2017, No. 423,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 549,§ 1, eff. 7/22/2015. Acts 2011, No. 570, § 14.

(a) (1) A court may require that either a presentence investigation be conducted by either the probation officer or presentence investigation officer assigned to the court or that the defense counsel of a defendant, the prosecuting attorney, a probation officer, and other persons whom the court believes have information relevant to the sentencing of the defendant submit to the court the information in writing prior to sentencing. (2) The presentence investigation or information submitted by the persons described in subdivision (a)(1) of this section shall be forwarded with the commitment order to the circuit clerk and retained in the defendant's case file.

(1) A court may require that either a presentence investigation be conducted by either the probation officer or presentence investigation officer assigned to the court or that the defense counsel of a defendant, the prosecuting attorney, a probation officer, and other persons whom the court believes have information relevant to the sentencing of the defendant submit to the court the information in writing prior to sentencing.

(2) The presentence investigation or information submitted by the persons described in subdivision (a)(1) of this section shall be forwarded with the commitment order to the circuit clerk and retained in the defendant's case file.

(b) Upon a preliminary determination by a court that a defendant is an eligible offender and that placement in a community correction program under § 16-93-1201 et seq. is proper, the court may: (1) (A) Suspend the imposition of the sentence or place the defendant on probation, under § 5-4-104 , § 5-4-201 et seq., §§ 5-4-301 - 5-4-307 , and § 16-93-314 . (B) A sentence under subdivision (b)(1)(A) of this section may be accompanied by assignment to a community correction program under § 16-93-1201 et seq. for a designated period of time commensurate with the goals of the community correction program assignment and the rules established by the Board of Corrections for the operation of community correction programs. (C) The court shall maintain jurisdiction over the defendant sentenced under subdivision (b)(1)(A) of this section with supervision outside the confines of the specific programming provided by probation officers assigned to the court. (D) (i) If a person sentenced under subdivision (b)(1)(A) of this section violates any term or condition of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures established by law for the revocation of suspended imposition of sentence or probation. (ii) Upon revocation as described in subdivision (b)(1)(D)(i) of this section, the court shall determine whether the defendant shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Division of Correction. (iii) If the defendant is committed to the Division of Correction under subdivision (b)(1)(D)(ii) of this section, the court shall specify if the commitment is for judicial transfer of the defendant to the Division of Community Correction or is a commitment to the Division of Correction; (2) (A) Commit the defendant to the custody of the Division of Correction for judicial transfer to the Division of Community Correction subject to the following: (i) That the sentence imposed provides that the defendant shall not serve more than three (3) years of confinement, with credit for meritorious good time, with initial placement in a Division of Community Correction facility; and (ii) That the preliminary placement in the Division of Community Correction facility is conditioned upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement and the defendant's compliance with all applicable rules established by the Board of Corrections for community correction programs. (B) Post-prison supervision of the defendant shall accompany and follow the community correction program when appropriate; or (3) (A) Sentence the defendant to the Division of Correction, granting the Division of Correction the ability to administratively transfer the defendant to the Division of Community Correction if the Division of Correction determines that the sentence imposed meets the eligibility requirements for placement in a community correction program under this subchapter and § 16-93-1201 et seq. (B) Administrative transfer to the Division of Community Correction under subdivision (b)(3)(A) of this section is conditioned upon bed space availability and upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement. (C) A determination of ineligibility under subdivision (b)(3)(A) of this section by the Division of Community Correction shall result in the immediate return of the defendant to the Division of Correction. (D) A decision to release a defendant administratively transferred to the Division of Community Correction from the Division of Correction under subdivision (b)(3)(A) of this section is vested solely with the Post-Prison Transfer Board.

(1) (A) Suspend the imposition of the sentence or place the defendant on probation, under § 5-4-104 , § 5-4-201 et seq., §§ 5-4-301 - 5-4-307 , and § 16-93-314 . (B) A sentence under subdivision (b)(1)(A) of this section may be accompanied by assignment to a community correction program under § 16-93-1201 et seq. for a designated period of time commensurate with the goals of the community correction program assignment and the rules established by the Board of Corrections for the operation of community correction programs. (C) The court shall maintain jurisdiction over the defendant sentenced under subdivision (b)(1)(A) of this section with supervision outside the confines of the specific programming provided by probation officers assigned to the court. (D) (i) If a person sentenced under subdivision (b)(1)(A) of this section violates any term or condition of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures established by law for the revocation of suspended imposition of sentence or probation. (ii) Upon revocation as described in subdivision (b)(1)(D)(i) of this section, the court shall determine whether the defendant shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Division of Correction. (iii) If the defendant is committed to the Division of Correction under subdivision (b)(1)(D)(ii) of this section, the court shall specify if the commitment is for judicial transfer of the defendant to the Division of Community Correction or is a commitment to the Division of Correction;

(A) Suspend the imposition of the sentence or place the defendant on probation, under § 5-4-104 , § 5-4-201 et seq., §§ 5-4-301 - 5-4-307 , and § 16-93-314 .

(B) A sentence under subdivision (b)(1)(A) of this section may be accompanied by assignment to a community correction program under § 16-93-1201 et seq. for a designated period of time commensurate with the goals of the community correction program assignment and the rules established by the Board of Corrections for the operation of community correction programs.

(C) The court shall maintain jurisdiction over the defendant sentenced under subdivision (b)(1)(A) of this section with supervision outside the confines of the specific programming provided by probation officers assigned to the court.

(D) (i) If a person sentenced under subdivision (b)(1)(A) of this section violates any term or condition of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures established by law for the revocation of suspended imposition of sentence or probation. (ii) Upon revocation as described in subdivision (b)(1)(D)(i) of this section, the court shall determine whether the defendant shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Division of Correction. (iii) If the defendant is committed to the Division of Correction under subdivision (b)(1)(D)(ii) of this section, the court shall specify if the commitment is for judicial transfer of the defendant to the Division of Community Correction or is a commitment to the Division of Correction;

(i) If a person sentenced under subdivision (b)(1)(A) of this section violates any term or condition of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures established by law for the revocation of suspended imposition of sentence or probation.

(ii) Upon revocation as described in subdivision (b)(1)(D)(i) of this section, the court shall determine whether the defendant shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Division of Correction.

(iii) If the defendant is committed to the Division of Correction under subdivision (b)(1)(D)(ii) of this section, the court shall specify if the commitment is for judicial transfer of the defendant to the Division of Community Correction or is a commitment to the Division of Correction;

(2) (A) Commit the defendant to the custody of the Division of Correction for judicial transfer to the Division of Community Correction subject to the following: (i) That the sentence imposed provides that the defendant shall not serve more than three (3) years of confinement, with credit for meritorious good time, with initial placement in a Division of Community Correction facility; and (ii) That the preliminary placement in the Division of Community Correction facility is conditioned upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement and the defendant's compliance with all applicable rules established by the Board of Corrections for community correction programs. (B) Post-prison supervision of the defendant shall accompany and follow the community correction program when appropriate; or

(A) Commit the defendant to the custody of the Division of Correction for judicial transfer to the Division of Community Correction subject to the following: (i) That the sentence imposed provides that the defendant shall not serve more than three (3) years of confinement, with credit for meritorious good time, with initial placement in a Division of Community Correction facility; and (ii) That the preliminary placement in the Division of Community Correction facility is conditioned upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement and the defendant's compliance with all applicable rules established by the Board of Corrections for community correction programs.

(i) That the sentence imposed provides that the defendant shall not serve more than three (3) years of confinement, with credit for meritorious good time, with initial placement in a Division of Community Correction facility; and

(ii) That the preliminary placement in the Division of Community Correction facility is conditioned upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement and the defendant's compliance with all applicable rules established by the Board of Corrections for community correction programs.

(B) Post-prison supervision of the defendant shall accompany and follow the community correction program when appropriate; or

(3) (A) Sentence the defendant to the Division of Correction, granting the Division of Correction the ability to administratively transfer the defendant to the Division of Community Correction if the Division of Correction determines that the sentence imposed meets the eligibility requirements for placement in a community correction program under this subchapter and § 16-93-1201 et seq. (B) Administrative transfer to the Division of Community Correction under subdivision (b)(3)(A) of this section is conditioned upon bed space availability and upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement. (C) A determination of ineligibility under subdivision (b)(3)(A) of this section by the Division of Community Correction shall result in the immediate return of the defendant to the Division of Correction. (D) A decision to release a defendant administratively transferred to the Division of Community Correction from the Division of Correction under subdivision (b)(3)(A) of this section is vested solely with the Post-Prison Transfer Board.

(A) Sentence the defendant to the Division of Correction, granting the Division of Correction the ability to administratively transfer the defendant to the Division of Community Correction if the Division of Correction determines that the sentence imposed meets the eligibility requirements for placement in a community correction program under this subchapter and § 16-93-1201 et seq.

(B) Administrative transfer to the Division of Community Correction under subdivision (b)(3)(A) of this section is conditioned upon bed space availability and upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement.

(C) A determination of ineligibility under subdivision (b)(3)(A) of this section by the Division of Community Correction shall result in the immediate return of the defendant to the Division of Correction.

(D) A decision to release a defendant administratively transferred to the Division of Community Correction from the Division of Correction under subdivision (b)(3)(A) of this section is vested solely with the Post-Prison Transfer Board.

(c) A defendant may not be excluded from placement in a community correction program under this section based solely on the defendant's inability to speak, read, write, hear, or understand English.

(d) (1) If after receipt of an order directing a defendant to a community correction center, the Division of Community Correction determines that the defendant is not eligible for placement in a community correction program under § 16-93-1201 et seq., the Division of Community Correction shall not admit the defendant but shall immediately notify the prosecuting attorney in writing. (2) After receipt of the notice required under subdivision (d)(1) of this section, the prosecuting attorney shall notify the court of the defendant's ineligibility for placement in a community correction center, and the court shall resentence the defendant accordingly.

(1) If after receipt of an order directing a defendant to a community correction center, the Division of Community Correction determines that the defendant is not eligible for placement in a community correction program under § 16-93-1201 et seq., the Division of Community Correction shall not admit the defendant but shall immediately notify the prosecuting attorney in writing.

(2) After receipt of the notice required under subdivision (d)(1) of this section, the prosecuting attorney shall notify the court of the defendant's ineligibility for placement in a community correction center, and the court shall resentence the defendant accordingly.

Amended by Act 2023, No. 659,§ 12, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 655, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 654, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 653, eff. 7/1/2019.

Amended by Act 2017, No. 423,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 549,§ 1, eff. 7/22/2015.

Acts 2011, No. 570, § 14.
Ark. Code Ann. § 5-4-804 — AR Code / Title 5 / Chapter 4 / Subchapter 8 / Section 5-4-804
Medical treatment and costs
Status: in_force

(a) The state is responsible for the cost of medical treatment approved by the Division of Correction of an eligible offender sentenced to a felony under this subchapter if the medical treatment is for: (1) The result of an injury sustained on the work site of the community work project or during transportation to and from the work site by a government entity; or (2) (A) The result of illness or an injury sustained by an eligible offender committed to the county jail or regional jail and who is assigned to a community work project. (B) The division may transfer an eligible offender committed to a county jail or regional jail under this subchapter to a medical facility or treatment facility, including a facility of the division, it deems appropriate for the medical treatment. (b) Nothing in this section precludes the division from seeking reimbursement or damages from a person or entity that contributes to or causes the injury or illness referred to in this section. Amended by Act 2019, No. 910,§ 664, eff. 7/1/2019. Acts 2011, No. 570, § 21.

(a) The state is responsible for the cost of medical treatment approved by the Division of Correction of an eligible offender sentenced to a felony under this subchapter if the medical treatment is for: (1) The result of an injury sustained on the work site of the community work project or during transportation to and from the work site by a government entity; or (2) (A) The result of illness or an injury sustained by an eligible offender committed to the county jail or regional jail and who is assigned to a community work project. (B) The division may transfer an eligible offender committed to a county jail or regional jail under this subchapter to a medical facility or treatment facility, including a facility of the division, it deems appropriate for the medical treatment.

(1) The result of an injury sustained on the work site of the community work project or during transportation to and from the work site by a government entity; or

(2) (A) The result of illness or an injury sustained by an eligible offender committed to the county jail or regional jail and who is assigned to a community work project. (B) The division may transfer an eligible offender committed to a county jail or regional jail under this subchapter to a medical facility or treatment facility, including a facility of the division, it deems appropriate for the medical treatment.

(A) The result of illness or an injury sustained by an eligible offender committed to the county jail or regional jail and who is assigned to a community work project.

(B) The division may transfer an eligible offender committed to a county jail or regional jail under this subchapter to a medical facility or treatment facility, including a facility of the division, it deems appropriate for the medical treatment.

(b) Nothing in this section precludes the division from seeking reimbursement or damages from a person or entity that contributes to or causes the injury or illness referred to in this section.

Amended by Act 2019, No. 910,§ 664, eff. 7/1/2019.

Acts 2011, No. 570, § 21.
Ark. Code Ann. § 5-36-201 — AR Code / Title 5 / Chapter 36 / Subchapter 2 / Section 5-36-201
Definitions
Status: in_force

As used in this subchapter: (1) "Misrepresentation" means any manifestation by a word or other conduct by a person to another person that, under the circumstances, amounts to an assertion not in accordance with fact; and (2) "Public benefit" means any federal or state funds, or any combination of federal or state funds, in cash or in kind, whose distribution to the public is administered by an agency of the State of Arkansas. Acts 1993, No. 320, § 1.

As used in this subchapter:

(1) "Misrepresentation" means any manifestation by a word or other conduct by a person to another person that, under the circumstances, amounts to an assertion not in accordance with fact; and

(2) "Public benefit" means any federal or state funds, or any combination of federal or state funds, in cash or in kind, whose distribution to the public is administered by an agency of the State of Arkansas.

Acts 1993, No. 320, § 1.
Ark. Code Ann. § 5-26-502 — AR Code / Title 5 / Chapter 26 / Subchapter 5 / Section 5-26-502
Interference with court-ordered custody
Status: in_force

(a) A person commits the offense of interference with court-ordered custody if the person: (1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor; (2) Without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another person to take or entice, any minor or any incompetent person from the custody of: (A) The parent of the minor or incompetent person; (B) The guardian of the minor or incompetent person; (C) A public agency having lawful charge of the minor or incompetent person; (D) Any other lawful custodian; or (E) A person described in subdivisions (a)(2)(A), (B), or (D) of this section while the custodian and minor are being housed at a shelter as defined in § 9-4-102 ; (3) (A) Has been awarded custody or granted an adoption or guardianship of a juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and subsequently places the juvenile in the care or supervision of any person: (i) From whom the juvenile was removed; or (ii) The court has specifically ordered not to have care, supervision, or custody of the juvenile. (B) Subdivision (a)(3)(A) of this section shall not be construed to prohibit a placement described in subdivision (a)(3)(A) of this section if the person who has been granted custody, adoption, or guardianship obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, adoption, or guardianship; or (4) Accepts or acquiesces in taking physical custody for any length of time of a juvenile who was removed from the person or if the court has specifically ordered that the person not have care, supervision, or custody of the juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. (b) (1) (A) Interference with court-ordered custody under subdivision (a)(1) of this section is a Class A misdemeanor. (B) However, interference with court-ordered custody under subdivision (a)(1) of this section is a Class D felony if the minor is: (i) Taken, enticed, or kept outside the State of Arkansas; or (ii) Taken from any person entitled by a court decree or order to the right of custody of the minor while the custodian and minor are being housed at a shelter as defined in § 9-4-102 , even if the minor is not taken outside the State of Arkansas. (2) Interference with court-ordered custody under subdivision (a)(2) of this section is a Class C felony. (3) (A) Interference with court-ordered custody under subdivision (a)(3) of this section is a Class A misdemeanor. (B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(3) of this section shall constitute a Class C felony. (4) (A) Interference with court-ordered custody under subdivision (a)(4) of this section is a Class A misdemeanor. (B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(4) of this section shall constitute a Class C felony. (c) (1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with court-ordered custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the custodian in a manner constituting interference with court-ordered custody or placed with a person prohibited under subdivision (a)(3) of this section. (2) A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction. (d) (1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor pursuant to a petition brought by the department or an agency of the department to determine if there is probable cause to believe the minor may be: (A) Removed from the jurisdiction of the court; (B) Abandoned; or (C) Outside the immediate care or supervision of a person lawfully entitled to custody. (2) Except in a situation arising under subdivisions (a)(3) or (4) of this section, the court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court. (e) (1) A petitioner shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing. (2) The petitioner is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the petitioner acted with actual malice. Acts 1985, No. 540, § 2; A.S.A. 1947, § 41-2416; Acts 1987, No. 483, § 1; 1987, No. 898, § 1; 1995, No. 1343, § 1; 2001, No. 1503, § 16; 2001, No. 1553, § 11; 2005, No. 1870, § 1.

(a) A person commits the offense of interference with court-ordered custody if the person: (1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor; (2) Without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another person to take or entice, any minor or any incompetent person from the custody of: (A) The parent of the minor or incompetent person; (B) The guardian of the minor or incompetent person; (C) A public agency having lawful charge of the minor or incompetent person; (D) Any other lawful custodian; or (E) A person described in subdivisions (a)(2)(A), (B), or (D) of this section while the custodian and minor are being housed at a shelter as defined in § 9-4-102 ; (3) (A) Has been awarded custody or granted an adoption or guardianship of a juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and subsequently places the juvenile in the care or supervision of any person: (i) From whom the juvenile was removed; or (ii) The court has specifically ordered not to have care, supervision, or custody of the juvenile. (B) Subdivision (a)(3)(A) of this section shall not be construed to prohibit a placement described in subdivision (a)(3)(A) of this section if the person who has been granted custody, adoption, or guardianship obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, adoption, or guardianship; or (4) Accepts or acquiesces in taking physical custody for any length of time of a juvenile who was removed from the person or if the court has specifically ordered that the person not have care, supervision, or custody of the juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor;

(2) Without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another person to take or entice, any minor or any incompetent person from the custody of: (A) The parent of the minor or incompetent person; (B) The guardian of the minor or incompetent person; (C) A public agency having lawful charge of the minor or incompetent person; (D) Any other lawful custodian; or (E) A person described in subdivisions (a)(2)(A), (B), or (D) of this section while the custodian and minor are being housed at a shelter as defined in § 9-4-102 ;

(A) The parent of the minor or incompetent person;

(B) The guardian of the minor or incompetent person;

(C) A public agency having lawful charge of the minor or incompetent person;

(D) Any other lawful custodian; or

(E) A person described in subdivisions (a)(2)(A), (B), or (D) of this section while the custodian and minor are being housed at a shelter as defined in § 9-4-102 ;

(3) (A) Has been awarded custody or granted an adoption or guardianship of a juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and subsequently places the juvenile in the care or supervision of any person: (i) From whom the juvenile was removed; or (ii) The court has specifically ordered not to have care, supervision, or custody of the juvenile. (B) Subdivision (a)(3)(A) of this section shall not be construed to prohibit a placement described in subdivision (a)(3)(A) of this section if the person who has been granted custody, adoption, or guardianship obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, adoption, or guardianship; or

(A) Has been awarded custody or granted an adoption or guardianship of a juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and subsequently places the juvenile in the care or supervision of any person: (i) From whom the juvenile was removed; or (ii) The court has specifically ordered not to have care, supervision, or custody of the juvenile.

(i) From whom the juvenile was removed; or

(ii) The court has specifically ordered not to have care, supervision, or custody of the juvenile.

(B) Subdivision (a)(3)(A) of this section shall not be construed to prohibit a placement described in subdivision (a)(3)(A) of this section if the person who has been granted custody, adoption, or guardianship obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, adoption, or guardianship; or

(4) Accepts or acquiesces in taking physical custody for any length of time of a juvenile who was removed from the person or if the court has specifically ordered that the person not have care, supervision, or custody of the juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(b) (1) (A) Interference with court-ordered custody under subdivision (a)(1) of this section is a Class A misdemeanor. (B) However, interference with court-ordered custody under subdivision (a)(1) of this section is a Class D felony if the minor is: (i) Taken, enticed, or kept outside the State of Arkansas; or (ii) Taken from any person entitled by a court decree or order to the right of custody of the minor while the custodian and minor are being housed at a shelter as defined in § 9-4-102 , even if the minor is not taken outside the State of Arkansas. (2) Interference with court-ordered custody under subdivision (a)(2) of this section is a Class C felony. (3) (A) Interference with court-ordered custody under subdivision (a)(3) of this section is a Class A misdemeanor. (B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(3) of this section shall constitute a Class C felony. (4) (A) Interference with court-ordered custody under subdivision (a)(4) of this section is a Class A misdemeanor. (B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(4) of this section shall constitute a Class C felony.

(1) (A) Interference with court-ordered custody under subdivision (a)(1) of this section is a Class A misdemeanor. (B) However, interference with court-ordered custody under subdivision (a)(1) of this section is a Class D felony if the minor is: (i) Taken, enticed, or kept outside the State of Arkansas; or (ii) Taken from any person entitled by a court decree or order to the right of custody of the minor while the custodian and minor are being housed at a shelter as defined in § 9-4-102 , even if the minor is not taken outside the State of Arkansas.

(A) Interference with court-ordered custody under subdivision (a)(1) of this section is a Class A misdemeanor.

(B) However, interference with court-ordered custody under subdivision (a)(1) of this section is a Class D felony if the minor is: (i) Taken, enticed, or kept outside the State of Arkansas; or (ii) Taken from any person entitled by a court decree or order to the right of custody of the minor while the custodian and minor are being housed at a shelter as defined in § 9-4-102 , even if the minor is not taken outside the State of Arkansas.

(i) Taken, enticed, or kept outside the State of Arkansas; or

(ii) Taken from any person entitled by a court decree or order to the right of custody of the minor while the custodian and minor are being housed at a shelter as defined in § 9-4-102 , even if the minor is not taken outside the State of Arkansas.

(2) Interference with court-ordered custody under subdivision (a)(2) of this section is a Class C felony.

(3) (A) Interference with court-ordered custody under subdivision (a)(3) of this section is a Class A misdemeanor. (B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(3) of this section shall constitute a Class C felony.

(A) Interference with court-ordered custody under subdivision (a)(3) of this section is a Class A misdemeanor.

(B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(3) of this section shall constitute a Class C felony.

(4) (A) Interference with court-ordered custody under subdivision (a)(4) of this section is a Class A misdemeanor. (B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(4) of this section shall constitute a Class C felony.

(A) Interference with court-ordered custody under subdivision (a)(4) of this section is a Class A misdemeanor.

(B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(4) of this section shall constitute a Class C felony.

(c) (1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with court-ordered custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the custodian in a manner constituting interference with court-ordered custody or placed with a person prohibited under subdivision (a)(3) of this section. (2) A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction.

(1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with court-ordered custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the custodian in a manner constituting interference with court-ordered custody or placed with a person prohibited under subdivision (a)(3) of this section.

(2) A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction.

(d) (1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor pursuant to a petition brought by the department or an agency of the department to determine if there is probable cause to believe the minor may be: (A) Removed from the jurisdiction of the court; (B) Abandoned; or (C) Outside the immediate care or supervision of a person lawfully entitled to custody. (2) Except in a situation arising under subdivisions (a)(3) or (4) of this section, the court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.

(1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor pursuant to a petition brought by the department or an agency of the department to determine if there is probable cause to believe the minor may be: (A) Removed from the jurisdiction of the court; (B) Abandoned; or (C) Outside the immediate care or supervision of a person lawfully entitled to custody.

(A) Removed from the jurisdiction of the court;

(B) Abandoned; or

(C) Outside the immediate care or supervision of a person lawfully entitled to custody.

(2) Except in a situation arising under subdivisions (a)(3) or (4) of this section, the court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.

(e) (1) A petitioner shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing. (2) The petitioner is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the petitioner acted with actual malice.

(1) A petitioner shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing.

(2) The petitioner is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the petitioner acted with actual malice.

Acts 1985, No. 540, § 2; A.S.A. 1947, § 41-2416; Acts 1987, No. 483, § 1; 1987, No. 898, § 1; 1995, No. 1343, § 1; 2001, No. 1503, § 16; 2001, No. 1553, § 11; 2005, No. 1870, § 1.
Ark. Code Ann. § 5-36-115 — AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-115
Theft of leased, rented, or entrusted personal property - False report of wealth or credit
Status: in_force

(a) A person is guilty of theft of leased, rented, or entrusted property if the person: (1) Purposely, with a purpose to defraud, or by false pretense takes, carries, leads, drives away, destroys, sells, secretes, converts, or appropriates in any wrongful manner any personal property of another person that is leased, rented, or entrusted to the actor; or (2) Falsely reports of his or her wealth or mercantile credit and by the false report fraudulently obtains possession of personal property or the labor or service of another person. (b) The amount involved in the theft of leased, rented, or entrusted property is deemed to be the highest value by any reasonable standard of the personal property, service, or labor. (c) It is prima facie evidence of purpose to commit theft of leased or rented property if a person who has leased or rented the personal property of another person: (1) Fails to return or make an arrangement acceptable with the lessor to return the personal property to the owner within five (5) days, excluding Saturday, Sunday, or a state or federal holiday, after proper notice following the expiration of the lease or rental agreement; or (2) Presents identification to the lessor or renter of the personal property that is false, fictitious, or not current with respect to name, address, place of employment, or other appropriate item. (d) Proper notice by the lessor or renter of the personal property shall consist of a written demand addressed and mailed by certified or registered mail to the lessee or rentee at the address given at the time of making the lease or rental agreement. (e) The following factors constitute an affirmative defense to prosecution for theft of leased or rented property: (1) That the lessee or rentee accurately stated his or her name and address at the time of lease or rental; (2) That the lessee's or rentee's failure to return the personal property at the expiration date of the lease or rental agreement was lawful; (3) That the lessee or rentee failed to receive the lessor's or renter's notice personally unless notice was waived; and (4) That the lessee or rentee returned the personal property to the lessor, renter, or owner within forty-eight (48) hours of the commencement of prosecution, together with any charges for the overdue period and the value of damages to the personal property, if any. (f) (1) For any lease or rental contract of twenty-five dollars ($25.00) or more, the lessee may waive the notice required in subsection (c) of this section by signing a statement contained in the lease agreement or rental agreement. The waiver shall require a separate signature of the lessee. (2) The form of the waiver shall be substantially as follows: Click here to view form. (g) A violation of this section is a: (1) Class B felony if: (A) The value of the property, service, or labor is twenty-five thousand dollars ($25,000) or more; (B) The property, service, or labor is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; or (C) The property, service, or labor is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; (2) Class C felony if: (A) The value of the property, service, or labor is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); (B) The property, service, or labor is obtained by threat; (C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; or (D) The value of the property, service, or labor is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; (3) Class D felony if: (A) The value of the property, service, or labor is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500); (C) The value of the property, service, or labor is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; (D) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); or (E) The property is an electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; or (4) Class A misdemeanor if: (A) The value of the property, service, or labor is one thousand dollars ($1,000) or less; or (B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost. Amended by Act 2015, No. 1263,§ 5, eff. 7/22/2015. Amended by Act 2015, No. 1263,§ 4, eff. 7/22/2015. Acts 1977, No. 387, § 1; 1985, No. 883, § 1; A.S.A. 1947, § 41-2209; Acts 1989, No. 720, § 1.

(a) A person is guilty of theft of leased, rented, or entrusted property if the person: (1) Purposely, with a purpose to defraud, or by false pretense takes, carries, leads, drives away, destroys, sells, secretes, converts, or appropriates in any wrongful manner any personal property of another person that is leased, rented, or entrusted to the actor; or (2) Falsely reports of his or her wealth or mercantile credit and by the false report fraudulently obtains possession of personal property or the labor or service of another person.

(1) Purposely, with a purpose to defraud, or by false pretense takes, carries, leads, drives away, destroys, sells, secretes, converts, or appropriates in any wrongful manner any personal property of another person that is leased, rented, or entrusted to the actor; or

(2) Falsely reports of his or her wealth or mercantile credit and by the false report fraudulently obtains possession of personal property or the labor or service of another person.

(b) The amount involved in the theft of leased, rented, or entrusted property is deemed to be the highest value by any reasonable standard of the personal property, service, or labor.

(c) It is prima facie evidence of purpose to commit theft of leased or rented property if a person who has leased or rented the personal property of another person: (1) Fails to return or make an arrangement acceptable with the lessor to return the personal property to the owner within five (5) days, excluding Saturday, Sunday, or a state or federal holiday, after proper notice following the expiration of the lease or rental agreement; or (2) Presents identification to the lessor or renter of the personal property that is false, fictitious, or not current with respect to name, address, place of employment, or other appropriate item.

(1) Fails to return or make an arrangement acceptable with the lessor to return the personal property to the owner within five (5) days, excluding Saturday, Sunday, or a state or federal holiday, after proper notice following the expiration of the lease or rental agreement; or

(2) Presents identification to the lessor or renter of the personal property that is false, fictitious, or not current with respect to name, address, place of employment, or other appropriate item.

(d) Proper notice by the lessor or renter of the personal property shall consist of a written demand addressed and mailed by certified or registered mail to the lessee or rentee at the address given at the time of making the lease or rental agreement.

(e) The following factors constitute an affirmative defense to prosecution for theft of leased or rented property: (1) That the lessee or rentee accurately stated his or her name and address at the time of lease or rental; (2) That the lessee's or rentee's failure to return the personal property at the expiration date of the lease or rental agreement was lawful; (3) That the lessee or rentee failed to receive the lessor's or renter's notice personally unless notice was waived; and (4) That the lessee or rentee returned the personal property to the lessor, renter, or owner within forty-eight (48) hours of the commencement of prosecution, together with any charges for the overdue period and the value of damages to the personal property, if any.

(1) That the lessee or rentee accurately stated his or her name and address at the time of lease or rental;

(2) That the lessee's or rentee's failure to return the personal property at the expiration date of the lease or rental agreement was lawful;

(3) That the lessee or rentee failed to receive the lessor's or renter's notice personally unless notice was waived; and

(4) That the lessee or rentee returned the personal property to the lessor, renter, or owner within forty-eight (48) hours of the commencement of prosecution, together with any charges for the overdue period and the value of damages to the personal property, if any.

(f) (1) For any lease or rental contract of twenty-five dollars ($25.00) or more, the lessee may waive the notice required in subsection (c) of this section by signing a statement contained in the lease agreement or rental agreement. The waiver shall require a separate signature of the lessee. (2) The form of the waiver shall be substantially as follows: Click here to view form.

(1) For any lease or rental contract of twenty-five dollars ($25.00) or more, the lessee may waive the notice required in subsection (c) of this section by signing a statement contained in the lease agreement or rental agreement. The waiver shall require a separate signature of the lessee.

(2) The form of the waiver shall be substantially as follows: Click here to view form.

Click here to view form.

(g) A violation of this section is a: (1) Class B felony if: (A) The value of the property, service, or labor is twenty-five thousand dollars ($25,000) or more; (B) The property, service, or labor is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; or (C) The property, service, or labor is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; (2) Class C felony if: (A) The value of the property, service, or labor is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); (B) The property, service, or labor is obtained by threat; (C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; or (D) The value of the property, service, or labor is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; (3) Class D felony if: (A) The value of the property, service, or labor is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500); (C) The value of the property, service, or labor is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; (D) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); or (E) The property is an electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; or (4) Class A misdemeanor if: (A) The value of the property, service, or labor is one thousand dollars ($1,000) or less; or (B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost.

(1) Class B felony if: (A) The value of the property, service, or labor is twenty-five thousand dollars ($25,000) or more; (B) The property, service, or labor is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; or (C) The property, service, or labor is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened;

(A) The value of the property, service, or labor is twenty-five thousand dollars ($25,000) or more;

(B) The property, service, or labor is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; or

(C) The property, service, or labor is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened;

(2) Class C felony if: (A) The value of the property, service, or labor is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); (B) The property, service, or labor is obtained by threat; (C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; or (D) The value of the property, service, or labor is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;

(A) The value of the property, service, or labor is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000);

(B) The property, service, or labor is obtained by threat;

(C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; or

(D) The value of the property, service, or labor is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;

(3) Class D felony if: (A) The value of the property, service, or labor is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500); (C) The value of the property, service, or labor is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; (D) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); or (E) The property is an electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; or

(A) The value of the property, service, or labor is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000);

(B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500);

(C) The value of the property, service, or labor is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;

(D) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); or

(E) The property is an electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling; or

(4) Class A misdemeanor if: (A) The value of the property, service, or labor is one thousand dollars ($1,000) or less; or (B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost.

(A) The value of the property, service, or labor is one thousand dollars ($1,000) or less; or

(B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost.

Amended by Act 2015, No. 1263,§ 5, eff. 7/22/2015.

Amended by Act 2015, No. 1263,§ 4, eff. 7/22/2015.

Acts 1977, No. 387, § 1; 1985, No. 883, § 1; A.S.A. 1947, § 41-2209; Acts 1989, No. 720, § 1.

36_115_1 - Attachment
Ark. Code Ann. § 5-55-109 — AR Code / Title 5 / Chapter 55 / Subchapter 1 / Section 5-55-109
Criminal penalties and civil penalties mutually exclusive
Status: in_force

Section 5 -55-107, which provides for additional criminal fines, and the Medicaid Fraud False Claims Act, § 20-77-901 et seq., which provides for civil penalties, shall not both be applied to the same payment received or claim made by any person under the Arkansas Medicaid Program or its fiscal agents. Acts 1993, No. 1291, § 6.

Section 5 -55-107, which provides for additional criminal fines, and the Medicaid Fraud False Claims Act, § 20-77-901 et seq., which provides for civil penalties, shall not both be applied to the same payment received or claim made by any person under the Arkansas Medicaid Program or its fiscal agents.

Acts 1993, No. 1291, § 6.
Ark. Code Ann. § 5-4-617 — AR Code / Title 5 / Chapter 4 / Subchapter 6 / Section 5-4-617
Method of execution
Status: in_force

(a) The Division of Correction shall carry out the sentence of death by intravenous lethal injection of the drug or drugs described in subsection (c) of this section in an amount sufficient to cause death. (b) The Director of the Division of Correction or his or her designee may order the dispensation and administration of the drug or drugs described in subsection (c) of this section for the purpose of carrying out the lethal-injection procedure, and a prescription is not required. (c) The division shall select one (1) of the following options for a lethal-injection protocol, depending on the availability of the drugs: (1) A barbiturate; or (2) Midazolam, followed by vecuronium bromide, followed by potassium chloride. (d) The drug or drugs described in subsection (c) of this section used to carry out the lethal injection shall be: (1) Approved by the United States Food and Drug Administration and made by a manufacturer approved by the United States Food and Drug Administration; (2) Obtained from a facility registered with the United States Food and Drug Administration; or (3) Obtained from a compounding pharmacy that has been accredited by a national organization that accredits compounding pharmacies. (e) The drugs set forth in subsection (c) of this section shall be administered along with any additional substances, such as saline solution, called for in the instructions. (f) Catheters, sterile intravenous solution, and other equipment used for the intravenous injection of the drug or drugs set forth in subsection (c) of this section shall be sterilized and prepared in a manner that is safe and commonly performed in connection with the intravenous administration of drugs of that type. (g) The director shall develop logistical procedures necessary to carry out the sentence of death, including: (1) The following matters: (A) Ensuring that the drugs and substances set forth in this section and other necessary supplies for the lethal injection are available for use on the scheduled date of the execution; (B) Conducting employee orientation of the lethal injection procedure before the day of the execution; (C) Determining the logistics of the viewing; (D) Coordinating with other governmental agencies involved with security and law enforcement; (E) Transferring the condemned prisoner to the facility where the sentence of death will be carried out; (F) Escorting the condemned prisoner from the holding cell to the execution chamber; (G) Determining the identity, arrival, and departure of the persons involved with carrying out the sentence of death at the facility where the sentence of death will be carried out; and (H) Making arrangements for the disposition of the condemned prisoner's body and personal property; and (2) The following matters pertaining to other logistical issues: (A) Chaplaincy services; (B) Visitation privileges; (C) Determining the condemned prisoner's death, which shall be pronounced according to accepted medical standards; and (D) Establishing a protocol for any necessary mixing or reconstitution of the drugs and substances set forth in this section in accordance with the instructions. (h) The procedures for carrying out the sentence of death and related matters are not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (i) (1) Except as provided for under subdivision (i)(2) of this section, a person shall not disclose in response to a request under the Freedom of Information Act of 1967, § 25-19-101 et seq., or in response to discovery under the Arkansas Rules of Civil Procedure, or otherwise, any of the following: (A) Documents, records, or information that may identify or reasonably lead to the identification of entities or persons who participate in the execution process or administer lethal injections; (B) Documents, records, or information that may identify or reasonably lead directly or indirectly to the identification of an entity or person who compounds, synthesizes, tests, sells, supplies, manufactures, transports, procures, dispenses, or prescribes the drug or drugs described in subsection (c) of this section, or that provides the medical supplies or medical equipment for the execution process; or (C) Documents, records, or information that concern the procedures under subdivision (g)(1) of this section and the implementation of the procedures under subdivision (g)(1) of this section. (2) The following documents, records, and information may be disclosed: (A) The director may disclose or authorize disclosure of documents, records, and information to his or her subordinates, contractors, or vendors to the extent necessary to carry out his or her duties under this section; (B) The director may disclose or authorize disclosure of documents, records, and information to the Governor or the Attorney General, or both; and (C) The Governor or the Attorney General, or both, may disclose or authorize the disclosure of documents, records, and information to their subordinates to the extent necessary to carry out their duties under law. (3) (A) If any part of this subsection is invalidated by a final and unappealable court order, any unauthorized disclosure of information under this section shall be permitted only after the entry and service of an order prohibiting public disclosure or use of the documents, records, or information and requiring that a public filing of the documents, records, or information be done under seal. (B) A person who recklessly discloses documents, records, or information in violation of an order under this subdivision (i)(3) upon conviction is guilty of a Class D felony. (j) (1) The director shall certify under oath that the drug or drugs described in subsection (c) of this section meet the requirements of subsection (d) of this section. (2) After the certification required under this subsection, a challenge to the conformity of the drug or drugs described under subsection (c) of this section with the requirements of subsection (d) of this section shall be brought only as an original action in the Supreme Court. (k) The division shall make available to the public any of the following information upon request, so long as the information that may be used to identify an entity or person listed in subsection (i) of this section is redacted and maintained as confidential: (1) The certification provided for under subsection (j) of this section; and (2) The division's procedure for administering the drug or drugs described in subsection (c) of this section. (l) The division shall carry out the sentence of death by electrocution if execution by lethal injection under this section is invalidated by a final and unappealable court order. (m) Every person that procures, prepares, administers, monitors, or supervises the injection of a drug or drugs under this section has immunity under § 19-10-305 . (n) A person who recklessly discloses documents, records, or information in violation of subdivision (i)(1) of this section upon conviction is guilty of a Class D felony. Amended by Act 2019, No. 810,§ 3, eff. 7/24/2019. Amended by Act 2015, No. 1096,§ 2, eff. 4/6/2015. Amended by Act 2013, No. 139,§ 2, eff. 2/20/2013. Acts 1983, No. 774, §§ 1, 5, 6; A.S.A. 1947, §§ 41-1352, 41-1356, 41-1357; Acts 2009, No. 1296, § 2.

(a) The Division of Correction shall carry out the sentence of death by intravenous lethal injection of the drug or drugs described in subsection (c) of this section in an amount sufficient to cause death.

(b) The Director of the Division of Correction or his or her designee may order the dispensation and administration of the drug or drugs described in subsection (c) of this section for the purpose of carrying out the lethal-injection procedure, and a prescription is not required.

(c) The division shall select one (1) of the following options for a lethal-injection protocol, depending on the availability of the drugs: (1) A barbiturate; or (2) Midazolam, followed by vecuronium bromide, followed by potassium chloride.

(1) A barbiturate; or

(2) Midazolam, followed by vecuronium bromide, followed by potassium chloride.

(d) The drug or drugs described in subsection (c) of this section used to carry out the lethal injection shall be: (1) Approved by the United States Food and Drug Administration and made by a manufacturer approved by the United States Food and Drug Administration; (2) Obtained from a facility registered with the United States Food and Drug Administration; or (3) Obtained from a compounding pharmacy that has been accredited by a national organization that accredits compounding pharmacies.

(1) Approved by the United States Food and Drug Administration and made by a manufacturer approved by the United States Food and Drug Administration;

(2) Obtained from a facility registered with the United States Food and Drug Administration; or

(3) Obtained from a compounding pharmacy that has been accredited by a national organization that accredits compounding pharmacies.

(e) The drugs set forth in subsection (c) of this section shall be administered along with any additional substances, such as saline solution, called for in the instructions.

(f) Catheters, sterile intravenous solution, and other equipment used for the intravenous injection of the drug or drugs set forth in subsection (c) of this section shall be sterilized and prepared in a manner that is safe and commonly performed in connection with the intravenous administration of drugs of that type.

(g) The director shall develop logistical procedures necessary to carry out the sentence of death, including: (1) The following matters: (A) Ensuring that the drugs and substances set forth in this section and other necessary supplies for the lethal injection are available for use on the scheduled date of the execution; (B) Conducting employee orientation of the lethal injection procedure before the day of the execution; (C) Determining the logistics of the viewing; (D) Coordinating with other governmental agencies involved with security and law enforcement; (E) Transferring the condemned prisoner to the facility where the sentence of death will be carried out; (F) Escorting the condemned prisoner from the holding cell to the execution chamber; (G) Determining the identity, arrival, and departure of the persons involved with carrying out the sentence of death at the facility where the sentence of death will be carried out; and (H) Making arrangements for the disposition of the condemned prisoner's body and personal property; and (2) The following matters pertaining to other logistical issues: (A) Chaplaincy services; (B) Visitation privileges; (C) Determining the condemned prisoner's death, which shall be pronounced according to accepted medical standards; and (D) Establishing a protocol for any necessary mixing or reconstitution of the drugs and substances set forth in this section in accordance with the instructions.

(1) The following matters: (A) Ensuring that the drugs and substances set forth in this section and other necessary supplies for the lethal injection are available for use on the scheduled date of the execution; (B) Conducting employee orientation of the lethal injection procedure before the day of the execution; (C) Determining the logistics of the viewing; (D) Coordinating with other governmental agencies involved with security and law enforcement; (E) Transferring the condemned prisoner to the facility where the sentence of death will be carried out; (F) Escorting the condemned prisoner from the holding cell to the execution chamber; (G) Determining the identity, arrival, and departure of the persons involved with carrying out the sentence of death at the facility where the sentence of death will be carried out; and (H) Making arrangements for the disposition of the condemned prisoner's body and personal property; and

(A) Ensuring that the drugs and substances set forth in this section and other necessary supplies for the lethal injection are available for use on the scheduled date of the execution;

(B) Conducting employee orientation of the lethal injection procedure before the day of the execution;

(C) Determining the logistics of the viewing;

(D) Coordinating with other governmental agencies involved with security and law enforcement;

(E) Transferring the condemned prisoner to the facility where the sentence of death will be carried out;

(F) Escorting the condemned prisoner from the holding cell to the execution chamber;

(G) Determining the identity, arrival, and departure of the persons involved with carrying out the sentence of death at the facility where the sentence of death will be carried out; and

(H) Making arrangements for the disposition of the condemned prisoner's body and personal property; and

(2) The following matters pertaining to other logistical issues: (A) Chaplaincy services; (B) Visitation privileges; (C) Determining the condemned prisoner's death, which shall be pronounced according to accepted medical standards; and (D) Establishing a protocol for any necessary mixing or reconstitution of the drugs and substances set forth in this section in accordance with the instructions.

(A) Chaplaincy services;

(B) Visitation privileges;

(C) Determining the condemned prisoner's death, which shall be pronounced according to accepted medical standards; and

(D) Establishing a protocol for any necessary mixing or reconstitution of the drugs and substances set forth in this section in accordance with the instructions.

(h) The procedures for carrying out the sentence of death and related matters are not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(i) (1) Except as provided for under subdivision (i)(2) of this section, a person shall not disclose in response to a request under the Freedom of Information Act of 1967, § 25-19-101 et seq., or in response to discovery under the Arkansas Rules of Civil Procedure, or otherwise, any of the following: (A) Documents, records, or information that may identify or reasonably lead to the identification of entities or persons who participate in the execution process or administer lethal injections; (B) Documents, records, or information that may identify or reasonably lead directly or indirectly to the identification of an entity or person who compounds, synthesizes, tests, sells, supplies, manufactures, transports, procures, dispenses, or prescribes the drug or drugs described in subsection (c) of this section, or that provides the medical supplies or medical equipment for the execution process; or (C) Documents, records, or information that concern the procedures under subdivision (g)(1) of this section and the implementation of the procedures under subdivision (g)(1) of this section. (2) The following documents, records, and information may be disclosed: (A) The director may disclose or authorize disclosure of documents, records, and information to his or her subordinates, contractors, or vendors to the extent necessary to carry out his or her duties under this section; (B) The director may disclose or authorize disclosure of documents, records, and information to the Governor or the Attorney General, or both; and (C) The Governor or the Attorney General, or both, may disclose or authorize the disclosure of documents, records, and information to their subordinates to the extent necessary to carry out their duties under law. (3) (A) If any part of this subsection is invalidated by a final and unappealable court order, any unauthorized disclosure of information under this section shall be permitted only after the entry and service of an order prohibiting public disclosure or use of the documents, records, or information and requiring that a public filing of the documents, records, or information be done under seal. (B) A person who recklessly discloses documents, records, or information in violation of an order under this subdivision (i)(3) upon conviction is guilty of a Class D felony.

(1) Except as provided for under subdivision (i)(2) of this section, a person shall not disclose in response to a request under the Freedom of Information Act of 1967, § 25-19-101 et seq., or in response to discovery under the Arkansas Rules of Civil Procedure, or otherwise, any of the following: (A) Documents, records, or information that may identify or reasonably lead to the identification of entities or persons who participate in the execution process or administer lethal injections; (B) Documents, records, or information that may identify or reasonably lead directly or indirectly to the identification of an entity or person who compounds, synthesizes, tests, sells, supplies, manufactures, transports, procures, dispenses, or prescribes the drug or drugs described in subsection (c) of this section, or that provides the medical supplies or medical equipment for the execution process; or (C) Documents, records, or information that concern the procedures under subdivision (g)(1) of this section and the implementation of the procedures under subdivision (g)(1) of this section.

(A) Documents, records, or information that may identify or reasonably lead to the identification of entities or persons who participate in the execution process or administer lethal injections;

(B) Documents, records, or information that may identify or reasonably lead directly or indirectly to the identification of an entity or person who compounds, synthesizes, tests, sells, supplies, manufactures, transports, procures, dispenses, or prescribes the drug or drugs described in subsection (c) of this section, or that provides the medical supplies or medical equipment for the execution process; or

(C) Documents, records, or information that concern the procedures under subdivision (g)(1) of this section and the implementation of the procedures under subdivision (g)(1) of this section.

(2) The following documents, records, and information may be disclosed: (A) The director may disclose or authorize disclosure of documents, records, and information to his or her subordinates, contractors, or vendors to the extent necessary to carry out his or her duties under this section; (B) The director may disclose or authorize disclosure of documents, records, and information to the Governor or the Attorney General, or both; and (C) The Governor or the Attorney General, or both, may disclose or authorize the disclosure of documents, records, and information to their subordinates to the extent necessary to carry out their duties under law.

(A) The director may disclose or authorize disclosure of documents, records, and information to his or her subordinates, contractors, or vendors to the extent necessary to carry out his or her duties under this section;

(B) The director may disclose or authorize disclosure of documents, records, and information to the Governor or the Attorney General, or both; and

(C) The Governor or the Attorney General, or both, may disclose or authorize the disclosure of documents, records, and information to their subordinates to the extent necessary to carry out their duties under law.

(3) (A) If any part of this subsection is invalidated by a final and unappealable court order, any unauthorized disclosure of information under this section shall be permitted only after the entry and service of an order prohibiting public disclosure or use of the documents, records, or information and requiring that a public filing of the documents, records, or information be done under seal. (B) A person who recklessly discloses documents, records, or information in violation of an order under this subdivision (i)(3) upon conviction is guilty of a Class D felony.

(A) If any part of this subsection is invalidated by a final and unappealable court order, any unauthorized disclosure of information under this section shall be permitted only after the entry and service of an order prohibiting public disclosure or use of the documents, records, or information and requiring that a public filing of the documents, records, or information be done under seal.

(B) A person who recklessly discloses documents, records, or information in violation of an order under this subdivision (i)(3) upon conviction is guilty of a Class D felony.

(j) (1) The director shall certify under oath that the drug or drugs described in subsection (c) of this section meet the requirements of subsection (d) of this section. (2) After the certification required under this subsection, a challenge to the conformity of the drug or drugs described under subsection (c) of this section with the requirements of subsection (d) of this section shall be brought only as an original action in the Supreme Court.

(1) The director shall certify under oath that the drug or drugs described in subsection (c) of this section meet the requirements of subsection (d) of this section.

(2) After the certification required under this subsection, a challenge to the conformity of the drug or drugs described under subsection (c) of this section with the requirements of subsection (d) of this section shall be brought only as an original action in the Supreme Court.

(k) The division shall make available to the public any of the following information upon request, so long as the information that may be used to identify an entity or person listed in subsection (i) of this section is redacted and maintained as confidential: (1) The certification provided for under subsection (j) of this section; and (2) The division's procedure for administering the drug or drugs described in subsection (c) of this section.

(1) The certification provided for under subsection (j) of this section; and

(2) The division's procedure for administering the drug or drugs described in subsection (c) of this section.

(l) The division shall carry out the sentence of death by electrocution if execution by lethal injection under this section is invalidated by a final and unappealable court order.

(m) Every person that procures, prepares, administers, monitors, or supervises the injection of a drug or drugs under this section has immunity under § 19-10-305 .

(n) A person who recklessly discloses documents, records, or information in violation of subdivision (i)(1) of this section upon conviction is guilty of a Class D felony.

Amended by Act 2019, No. 810,§ 3, eff. 7/24/2019.

Amended by Act 2015, No. 1096,§ 2, eff. 4/6/2015.

Amended by Act 2013, No. 139,§ 2, eff. 2/20/2013.

Acts 1983, No. 774, §§ 1, 5, 6; A.S.A. 1947, §§ 41-1352, 41-1356, 41-1357; Acts 2009, No. 1296, § 2.
Ark. Code Ann. § 5-39-202 — AR Code / Title 5 / Chapter 39 / Subchapter 2 / Section 5-39-202
Breaking or entering
Status: in_force

(a) A person commits the offense of breaking or entering if for the purpose of committing a theft or felony he or she breaks or enters into any: (1) Building, structure, or vehicle; (2) Vault, safe, cash register, safety deposit box, or money depository; (3) Money vending machine, coin-operated amusement machine, vending machine, or product dispenser; (4) Coin telephone or coin box; (5) Fare box on a bus; or (6) Other similar container, apparatus, or equipment. (b) It constitutes a separate offense under this section for the breaking or entering into of each separate: (1) Building, structure, or vehicle; (2) Vault, safe, cash register, safety deposit box, or money depository; (3) Money vending machine, coin-operated amusement machine, vending machine, or product dispenser; (4) Coin telephone or coin box; (5) Fare box on a bus; or (6) Other similar container, apparatus, or equipment. (c) Breaking or entering is a Class D felony. Acts 1975, No. 280, § 2003; A.S.A. 1947, § 41-2003; Acts 1993, No. 296, § 1.

(a) A person commits the offense of breaking or entering if for the purpose of committing a theft or felony he or she breaks or enters into any: (1) Building, structure, or vehicle; (2) Vault, safe, cash register, safety deposit box, or money depository; (3) Money vending machine, coin-operated amusement machine, vending machine, or product dispenser; (4) Coin telephone or coin box; (5) Fare box on a bus; or (6) Other similar container, apparatus, or equipment.

(1) Building, structure, or vehicle;

(2) Vault, safe, cash register, safety deposit box, or money depository;

(3) Money vending machine, coin-operated amusement machine, vending machine, or product dispenser;

(4) Coin telephone or coin box;

(5) Fare box on a bus; or

(6) Other similar container, apparatus, or equipment.

(b) It constitutes a separate offense under this section for the breaking or entering into of each separate: (1) Building, structure, or vehicle; (2) Vault, safe, cash register, safety deposit box, or money depository; (3) Money vending machine, coin-operated amusement machine, vending machine, or product dispenser; (4) Coin telephone or coin box; (5) Fare box on a bus; or (6) Other similar container, apparatus, or equipment.

(1) Building, structure, or vehicle;

(2) Vault, safe, cash register, safety deposit box, or money depository;

(3) Money vending machine, coin-operated amusement machine, vending machine, or product dispenser;

(4) Coin telephone or coin box;

(5) Fare box on a bus; or

(6) Other similar container, apparatus, or equipment.

(c) Breaking or entering is a Class D felony.

Acts 1975, No. 280, § 2003; A.S.A. 1947, § 41-2003; Acts 1993, No. 296, § 1.
Ark. Code Ann. § 5-65-303 — AR Code / Title 5 / Chapter 65 / Subchapter 3 / Section 5-65-303
Driving or boating under the influence while underage
Status: in_force

(a) A person commits the offense of driving or boating under the influence while underage if he or she is underage and operates or is in actual physical control of a motorboat on the waters of this state or a motor vehicle while: (1) Under the influence of an alcoholic beverage or similar intoxicant; or (2) At that time there was an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath, blood, urine, or saliva as determined by a chemical test. (b) A violation of this section is an unclassified misdemeanor with penalties as prescribed by this subchapter. (c) An alcohol-related offense under this section is a strict liability offense. Amended by Act 2015EX1, No. 6,§ 6, eff. 7/22/2015. Amended by Act 2015EX1, No. 6,§ 5, eff. 5/29/2015. Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015. Acts 1993, No. 863, § 3; 2001, No. 561, § 14.

(a) A person commits the offense of driving or boating under the influence while underage if he or she is underage and operates or is in actual physical control of a motorboat on the waters of this state or a motor vehicle while: (1) Under the influence of an alcoholic beverage or similar intoxicant; or (2) At that time there was an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath, blood, urine, or saliva as determined by a chemical test.

(1) Under the influence of an alcoholic beverage or similar intoxicant; or

(2) At that time there was an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath, blood, urine, or saliva as determined by a chemical test.

(b) A violation of this section is an unclassified misdemeanor with penalties as prescribed by this subchapter.

(c) An alcohol-related offense under this section is a strict liability offense.

Amended by Act 2015EX1, No. 6,§ 6, eff. 7/22/2015.

Amended by Act 2015EX1, No. 6,§ 5, eff. 5/29/2015.

Amended by Act 2015, No. 299,§ 13, eff. 7/22/2015.

Acts 1993, No. 863, § 3; 2001, No. 561, § 14.
Ark. Code Ann. § 5-28-101 — AR Code / Title 5 / Chapter 28 / Subchapter 1 / Section 5-28-101
Definitions
Status: in_force

As used in this chapter: (1) "Abuse" means: (A) Any purposeful and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person; (B) Any purposeful or demeaning act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; (C) Any purposeful threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or (D) With regard to any adult long-term care facility resident by a caregiver, any purposeful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish; (2) "Adult maltreatment" means adult abuse, exploitation, neglect, physical abuse, or sexual abuse; (3) "Board and care facility" means a residential setting including without limitation a long-term care facility or other facility that receives payment, regardless of whether the payment is made under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., from or on behalf of two (2) or more unrelated adults who reside in the residential setting, and for whom one (1) or both of the following is provided: (A) Nursing care services provided by, or under the supervision of, a registered nurse, licensed practical nurse, or licensed nursing assistant; or (B) A substantial amount of personal care services; (4) "Caregiver" means a related or unrelated person, owner, agent, high managerial agent of a public or private organization, or a public or private organization that has the responsibility for the protection, care, or custody of an adult endangered person or an adult impaired person as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court; (5) "Endangered person" means: (A) An adult who: (i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the adult; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or (B) A long-term care facility resident who: (i) Is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to the person; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; (6) "Exploitation" means: (A) The illegal or unauthorized use or management of an adult endangered person's or an adult impaired person's funds, assets, or property or the use of an adult endangered person's or an adult impaired person's person, power of attorney, or guardianship for the profit or advantage of the actor or another person; or (B) Misappropriation of property of an adult long-term care facility resident which means the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of an adult long-term care facility resident's belongings or money without the adult long-term care facility resident's consent; (7) "Imminent danger to health or safety" means a situation in which death or severe bodily injury could reasonably be expected to occur without intervention; (8) (A) "Impaired person" means a person eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation, and as a consequence of this inability to protect himself or herself is endangered. (B) For purposes of this chapter, a long-term care facility resident is presumed to be an "impaired person"; (9) "Long-term care facility" means: (A) A nursing home; (B) A residential care facility; (C) A post-acute head injury retraining and residential facility; (D) Any facility that provides long-term medical or personal care; (E) An intermediate care facility for individuals with intellectual disabilities; or (F) An assisted-living facility; (10) "Long-term care facility resident" means a person, regardless of age, living in a long-term care facility; (11) "Long-term care facility resident maltreatment" means abuse, exploitation, neglect, physical abuse, or sexual abuse of a long-term care facility resident; (12) "Neglect" means: (A) An act or omission by an endangered person or an impaired person, for example, self-neglect; or (B) A purposeful act or omission by a caregiver responsible for the care and supervision of an adult endangered person or an adult impaired person that constitutes negligently failing to: (i) Provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an adult endangered person or an adult impaired person; (ii) Report a health problem or a change in a health problem or a change in the health condition of an adult endangered person or an adult impaired person to the appropriate medical personnel; (iii) Carry out a prescribed treatment plan; or (iv) Provide a good or service necessary to avoid physical harm, mental anguish, or mental illness as defined in rules promulgated by the Office of Long-Term Care to an adult long-term care facility resident; (13) "Physical injury" means the: (A) Impairment of a physical condition; or (B) Infliction of substantial pain; (14) "Serious bodily harm" means: (A) Physical abuse; (B) Sexual abuse; (C) Physical injury; or (D) Serious physical injury as defined in this chapter; (15) "Serious physical injury" means physical injury to an endangered person or an impaired person that: (A) Creates a substantial risk of death; or (B) Causes: (i) Protracted disfigurement; (ii) Protracted impairment of health; or (iii) Loss or protracted impairment of the function of any bodily member or organ; (16) "Sexual abuse" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101 , with another person who is incapable of consent because he or she is: (A) Mentally defective, as defined in § 5-14-101 ; (B) Mentally incapacitated, as defined in § 5-14-101 ; or (C) Physically helpless, as defined in § 5-14-101 ; and (17) "Substantial amount of personal care services" means services provided that assist the adults who reside at the facility with the activities of daily living in any amount greater than eighty percent (80%) of the maximum hours authorized by law, including assistance in personal hygiene, dressing, bathing, eating, toileting, ambulation, transfer, positioning, self-medication, body care, travel to medical services, essential shopping, meal preparation, laundry, and housework. Amended by Act 2021, No. 617,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 149, eff. 7/24/2019. Acts 1983, No. 452, § 1; A.S.A. 1947, § 59-1301; Acts 1988 (4th Ex. Sess.), No. 5, § 1; 1988 (4th Ex. Sess.), No. 15, § 1; 1993, No. 1292, § 1; 1995, No. 1338, § 2; 1997, No. 1034, § 1; 1999, No. 753, § 1; 2001, No. 1028, § 1; 2003, No. 1046, § 1; 2003, No. 1118, § 1; 2005, No. 255, § 1; 2005, No. 1810, § 1.

As used in this chapter:

(1) "Abuse" means: (A) Any purposeful and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person; (B) Any purposeful or demeaning act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; (C) Any purposeful threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or (D) With regard to any adult long-term care facility resident by a caregiver, any purposeful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;

(A) Any purposeful and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person;

(B) Any purposeful or demeaning act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm;

(C) Any purposeful threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or

(D) With regard to any adult long-term care facility resident by a caregiver, any purposeful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;

(2) "Adult maltreatment" means adult abuse, exploitation, neglect, physical abuse, or sexual abuse;

(3) "Board and care facility" means a residential setting including without limitation a long-term care facility or other facility that receives payment, regardless of whether the payment is made under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., from or on behalf of two (2) or more unrelated adults who reside in the residential setting, and for whom one (1) or both of the following is provided: (A) Nursing care services provided by, or under the supervision of, a registered nurse, licensed practical nurse, or licensed nursing assistant; or (B) A substantial amount of personal care services;

(A) Nursing care services provided by, or under the supervision of, a registered nurse, licensed practical nurse, or licensed nursing assistant; or

(B) A substantial amount of personal care services;

(4) "Caregiver" means a related or unrelated person, owner, agent, high managerial agent of a public or private organization, or a public or private organization that has the responsibility for the protection, care, or custody of an adult endangered person or an adult impaired person as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court;

(5) "Endangered person" means: (A) An adult who: (i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the adult; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or (B) A long-term care facility resident who: (i) Is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to the person; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(A) An adult who: (i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the adult; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or

(i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the adult; and

(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or

(B) A long-term care facility resident who: (i) Is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to the person; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(i) Is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to the person; and

(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(6) "Exploitation" means: (A) The illegal or unauthorized use or management of an adult endangered person's or an adult impaired person's funds, assets, or property or the use of an adult endangered person's or an adult impaired person's person, power of attorney, or guardianship for the profit or advantage of the actor or another person; or (B) Misappropriation of property of an adult long-term care facility resident which means the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of an adult long-term care facility resident's belongings or money without the adult long-term care facility resident's consent;

(A) The illegal or unauthorized use or management of an adult endangered person's or an adult impaired person's funds, assets, or property or the use of an adult endangered person's or an adult impaired person's person, power of attorney, or guardianship for the profit or advantage of the actor or another person; or

(B) Misappropriation of property of an adult long-term care facility resident which means the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of an adult long-term care facility resident's belongings or money without the adult long-term care facility resident's consent;

(7) "Imminent danger to health or safety" means a situation in which death or severe bodily injury could reasonably be expected to occur without intervention;

(8) (A) "Impaired person" means a person eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation, and as a consequence of this inability to protect himself or herself is endangered. (B) For purposes of this chapter, a long-term care facility resident is presumed to be an "impaired person";

(A) "Impaired person" means a person eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation, and as a consequence of this inability to protect himself or herself is endangered.

(B) For purposes of this chapter, a long-term care facility resident is presumed to be an "impaired person";

(9) "Long-term care facility" means: (A) A nursing home; (B) A residential care facility; (C) A post-acute head injury retraining and residential facility; (D) Any facility that provides long-term medical or personal care; (E) An intermediate care facility for individuals with intellectual disabilities; or (F) An assisted-living facility;

(A) A nursing home;

(B) A residential care facility;

(C) A post-acute head injury retraining and residential facility;

(D) Any facility that provides long-term medical or personal care;

(E) An intermediate care facility for individuals with intellectual disabilities; or

(F) An assisted-living facility;

(10) "Long-term care facility resident" means a person, regardless of age, living in a long-term care facility;

(11) "Long-term care facility resident maltreatment" means abuse, exploitation, neglect, physical abuse, or sexual abuse of a long-term care facility resident;

(12) "Neglect" means: (A) An act or omission by an endangered person or an impaired person, for example, self-neglect; or (B) A purposeful act or omission by a caregiver responsible for the care and supervision of an adult endangered person or an adult impaired person that constitutes negligently failing to: (i) Provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an adult endangered person or an adult impaired person; (ii) Report a health problem or a change in a health problem or a change in the health condition of an adult endangered person or an adult impaired person to the appropriate medical personnel; (iii) Carry out a prescribed treatment plan; or (iv) Provide a good or service necessary to avoid physical harm, mental anguish, or mental illness as defined in rules promulgated by the Office of Long-Term Care to an adult long-term care facility resident;

(A) An act or omission by an endangered person or an impaired person, for example, self-neglect; or

(B) A purposeful act or omission by a caregiver responsible for the care and supervision of an adult endangered person or an adult impaired person that constitutes negligently failing to: (i) Provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an adult endangered person or an adult impaired person; (ii) Report a health problem or a change in a health problem or a change in the health condition of an adult endangered person or an adult impaired person to the appropriate medical personnel; (iii) Carry out a prescribed treatment plan; or (iv) Provide a good or service necessary to avoid physical harm, mental anguish, or mental illness as defined in rules promulgated by the Office of Long-Term Care to an adult long-term care facility resident;

(i) Provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an adult endangered person or an adult impaired person;

(ii) Report a health problem or a change in a health problem or a change in the health condition of an adult endangered person or an adult impaired person to the appropriate medical personnel;

(iii) Carry out a prescribed treatment plan; or

(iv) Provide a good or service necessary to avoid physical harm, mental anguish, or mental illness as defined in rules promulgated by the Office of Long-Term Care to an adult long-term care facility resident;

(13) "Physical injury" means the: (A) Impairment of a physical condition; or (B) Infliction of substantial pain;

(A) Impairment of a physical condition; or

(B) Infliction of substantial pain;

(14) "Serious bodily harm" means: (A) Physical abuse; (B) Sexual abuse; (C) Physical injury; or (D) Serious physical injury as defined in this chapter;

(A) Physical abuse;

(B) Sexual abuse;

(C) Physical injury; or

(D) Serious physical injury as defined in this chapter;

(15) "Serious physical injury" means physical injury to an endangered person or an impaired person that: (A) Creates a substantial risk of death; or (B) Causes: (i) Protracted disfigurement; (ii) Protracted impairment of health; or (iii) Loss or protracted impairment of the function of any bodily member or organ;

(A) Creates a substantial risk of death; or

(B) Causes: (i) Protracted disfigurement; (ii) Protracted impairment of health; or (iii) Loss or protracted impairment of the function of any bodily member or organ;

(i) Protracted disfigurement;

(ii) Protracted impairment of health; or

(iii) Loss or protracted impairment of the function of any bodily member or organ;

(16) "Sexual abuse" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101 , with another person who is incapable of consent because he or she is: (A) Mentally defective, as defined in § 5-14-101 ; (B) Mentally incapacitated, as defined in § 5-14-101 ; or (C) Physically helpless, as defined in § 5-14-101 ; and

(A) Mentally defective, as defined in § 5-14-101 ;

(B) Mentally incapacitated, as defined in § 5-14-101 ; or

(C) Physically helpless, as defined in § 5-14-101 ; and

(17) "Substantial amount of personal care services" means services provided that assist the adults who reside at the facility with the activities of daily living in any amount greater than eighty percent (80%) of the maximum hours authorized by law, including assistance in personal hygiene, dressing, bathing, eating, toileting, ambulation, transfer, positioning, self-medication, body care, travel to medical services, essential shopping, meal preparation, laundry, and housework.

Amended by Act 2021, No. 617,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 149, eff. 7/24/2019.

Acts 1983, No. 452, § 1; A.S.A. 1947, § 59-1301; Acts 1988 (4th Ex. Sess.), No. 5, § 1; 1988 (4th Ex. Sess.), No. 15, § 1; 1993, No. 1292, § 1; 1995, No. 1338, § 2; 1997, No. 1034, § 1; 1999, No. 753, § 1; 2001, No. 1028, § 1; 2003, No. 1046, § 1; 2003, No. 1118, § 1; 2005, No. 255, § 1; 2005, No. 1810, § 1.
Ark. Code Ann. § 5-61-402 — AR Code / Title 5 / Chapter 61 / Subchapter 4 / Section 5-61-402
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) It is time for the United States Supreme Court to redress and correct the grave injustice and the crime against humanity which is being perpetuated by its decisions in Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey; (2) The United States Supreme Court committed a grave injustice and a crime against humanity in the Dred Scott decision by denying personhood to a class of human beings, African-Americans; (3) The United States Supreme Court also committed a grave injustice and a crime against humanity by upholding the "separate but equal" doctrine in Plessy v. Ferguson, which withdrew legal protection from a class of human beings who were persons under the United States Constitution, African-Americans; (4) A crime against humanity occurs when a government withdraws legal protection from a class of human beings, resulting in severe deprivation of their rights, up to and including death; (5) In Brown v. Board of Education, the United States Supreme Court corrected its own grave injustice and crime against humanity created in Plessy v. Ferguson by overruling and abolishing the fifty-eight-year-old "separate but equal" doctrine, thus giving equal legal rights to African-Americans; (6) Under the doctrine of stare decisis, the three (3) abortion cases mentioned in subdivision (a)(1) of this section meet the test for when a case should be overturned by the United States Supreme Court because of significant changes in facts or laws, including without limitation the following: (A) The cases have not been accepted by scholars, judges, and the American people, as witnessed to by the fact that these cases are still the most intensely controversial cases in American history and at the present time; (B) New scientific advances have demonstrated since 1973 that life begins at the moment of conception and that the child in a woman's womb is a human being; (C) Scientific evidence and personal testimonies document the massive harm that abortion causes to women; (D) The laws in all fifty (50) states have now changed through "Safe Haven" laws to eliminate all burden of child care from women who do not want to care for a child; and (E) Public attitudes favoring adoption have created a culture of adoption in the United States, with many families waiting long periods of time to adopt newborn infants; (7) Before the United States Supreme Court decision of Roe v. Wade, Arkansas had already enacted prohibitions on abortions under § 5-61-101 et seq., and authorized the refusal to perform, participate, consent, or submit to an abortion under § 20-16-601 ; (8) Arkansas Constitution, Amendment 68, states that the policy of Arkansas is to protect the life of every unborn child from conception until birth and that public funds shall not be used to pay for any abortion, except to save the life of the mother; (9) Arkansas passed the Arkansas Human Heartbeat Protection Act, § 20-16-1301 et seq., in 2013, which shows the will of the Arkansas people to save the lives of unborn children; (10) Arkansas has continued to pass additional legislation in 2015, 2017, and 2019 that further shows the will of the Arkansas people to save the lives of unborn children; (11) (A) Since the decision of Roe v. Wade, approximately sixty million sixty-nine thousand nine hundred seventy-one (60,069,971) abortions have ended the lives of unborn children. (B) In 2015, six hundred thirty-eight thousand one hundred sixty-nine (638,169) legal induced abortions were reported to the Centers for Disease Control and Prevention from forty-nine (49) reporting areas in the United States. (C) The Department of Health reports that two thousand nine hundred sixty-three (2,963) abortions took place in Arkansas during 2019, including abortions performed on out-of-state residents; and (12) The State of Arkansas urgently pleads with the United States Supreme Court to do the right thing, as they did in one of their greatest cases, Brown v. Board of Education, which overturned a fifty-eight-year-old precedent of the United States, and reverse, cancel, overturn, and annul Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey. (b) It is the intent of this subchapter to ensure that abortion in Arkansas is abolished and to protect the lives of unborn children. Added by Act 2021, No. 309,§ 1, eff. 7/28/2021.

(a) The General Assembly finds that: (1) It is time for the United States Supreme Court to redress and correct the grave injustice and the crime against humanity which is being perpetuated by its decisions in Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey; (2) The United States Supreme Court committed a grave injustice and a crime against humanity in the Dred Scott decision by denying personhood to a class of human beings, African-Americans; (3) The United States Supreme Court also committed a grave injustice and a crime against humanity by upholding the "separate but equal" doctrine in Plessy v. Ferguson, which withdrew legal protection from a class of human beings who were persons under the United States Constitution, African-Americans; (4) A crime against humanity occurs when a government withdraws legal protection from a class of human beings, resulting in severe deprivation of their rights, up to and including death; (5) In Brown v. Board of Education, the United States Supreme Court corrected its own grave injustice and crime against humanity created in Plessy v. Ferguson by overruling and abolishing the fifty-eight-year-old "separate but equal" doctrine, thus giving equal legal rights to African-Americans; (6) Under the doctrine of stare decisis, the three (3) abortion cases mentioned in subdivision (a)(1) of this section meet the test for when a case should be overturned by the United States Supreme Court because of significant changes in facts or laws, including without limitation the following: (A) The cases have not been accepted by scholars, judges, and the American people, as witnessed to by the fact that these cases are still the most intensely controversial cases in American history and at the present time; (B) New scientific advances have demonstrated since 1973 that life begins at the moment of conception and that the child in a woman's womb is a human being; (C) Scientific evidence and personal testimonies document the massive harm that abortion causes to women; (D) The laws in all fifty (50) states have now changed through "Safe Haven" laws to eliminate all burden of child care from women who do not want to care for a child; and (E) Public attitudes favoring adoption have created a culture of adoption in the United States, with many families waiting long periods of time to adopt newborn infants; (7) Before the United States Supreme Court decision of Roe v. Wade, Arkansas had already enacted prohibitions on abortions under § 5-61-101 et seq., and authorized the refusal to perform, participate, consent, or submit to an abortion under § 20-16-601 ; (8) Arkansas Constitution, Amendment 68, states that the policy of Arkansas is to protect the life of every unborn child from conception until birth and that public funds shall not be used to pay for any abortion, except to save the life of the mother; (9) Arkansas passed the Arkansas Human Heartbeat Protection Act, § 20-16-1301 et seq., in 2013, which shows the will of the Arkansas people to save the lives of unborn children; (10) Arkansas has continued to pass additional legislation in 2015, 2017, and 2019 that further shows the will of the Arkansas people to save the lives of unborn children; (11) (A) Since the decision of Roe v. Wade, approximately sixty million sixty-nine thousand nine hundred seventy-one (60,069,971) abortions have ended the lives of unborn children. (B) In 2015, six hundred thirty-eight thousand one hundred sixty-nine (638,169) legal induced abortions were reported to the Centers for Disease Control and Prevention from forty-nine (49) reporting areas in the United States. (C) The Department of Health reports that two thousand nine hundred sixty-three (2,963) abortions took place in Arkansas during 2019, including abortions performed on out-of-state residents; and (12) The State of Arkansas urgently pleads with the United States Supreme Court to do the right thing, as they did in one of their greatest cases, Brown v. Board of Education, which overturned a fifty-eight-year-old precedent of the United States, and reverse, cancel, overturn, and annul Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey.

(1) It is time for the United States Supreme Court to redress and correct the grave injustice and the crime against humanity which is being perpetuated by its decisions in Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey;

(2) The United States Supreme Court committed a grave injustice and a crime against humanity in the Dred Scott decision by denying personhood to a class of human beings, African-Americans;

(3) The United States Supreme Court also committed a grave injustice and a crime against humanity by upholding the "separate but equal" doctrine in Plessy v. Ferguson, which withdrew legal protection from a class of human beings who were persons under the United States Constitution, African-Americans;

(4) A crime against humanity occurs when a government withdraws legal protection from a class of human beings, resulting in severe deprivation of their rights, up to and including death;

(5) In Brown v. Board of Education, the United States Supreme Court corrected its own grave injustice and crime against humanity created in Plessy v. Ferguson by overruling and abolishing the fifty-eight-year-old "separate but equal" doctrine, thus giving equal legal rights to African-Americans;

(6) Under the doctrine of stare decisis, the three (3) abortion cases mentioned in subdivision (a)(1) of this section meet the test for when a case should be overturned by the United States Supreme Court because of significant changes in facts or laws, including without limitation the following: (A) The cases have not been accepted by scholars, judges, and the American people, as witnessed to by the fact that these cases are still the most intensely controversial cases in American history and at the present time; (B) New scientific advances have demonstrated since 1973 that life begins at the moment of conception and that the child in a woman's womb is a human being; (C) Scientific evidence and personal testimonies document the massive harm that abortion causes to women; (D) The laws in all fifty (50) states have now changed through "Safe Haven" laws to eliminate all burden of child care from women who do not want to care for a child; and (E) Public attitudes favoring adoption have created a culture of adoption in the United States, with many families waiting long periods of time to adopt newborn infants;

(A) The cases have not been accepted by scholars, judges, and the American people, as witnessed to by the fact that these cases are still the most intensely controversial cases in American history and at the present time;

(B) New scientific advances have demonstrated since 1973 that life begins at the moment of conception and that the child in a woman's womb is a human being;

(C) Scientific evidence and personal testimonies document the massive harm that abortion causes to women;

(D) The laws in all fifty (50) states have now changed through "Safe Haven" laws to eliminate all burden of child care from women who do not want to care for a child; and

(E) Public attitudes favoring adoption have created a culture of adoption in the United States, with many families waiting long periods of time to adopt newborn infants;

(7) Before the United States Supreme Court decision of Roe v. Wade, Arkansas had already enacted prohibitions on abortions under § 5-61-101 et seq., and authorized the refusal to perform, participate, consent, or submit to an abortion under § 20-16-601 ;

(8) Arkansas Constitution, Amendment 68, states that the policy of Arkansas is to protect the life of every unborn child from conception until birth and that public funds shall not be used to pay for any abortion, except to save the life of the mother;

(9) Arkansas passed the Arkansas Human Heartbeat Protection Act, § 20-16-1301 et seq., in 2013, which shows the will of the Arkansas people to save the lives of unborn children;

(10) Arkansas has continued to pass additional legislation in 2015, 2017, and 2019 that further shows the will of the Arkansas people to save the lives of unborn children;

(11) (A) Since the decision of Roe v. Wade, approximately sixty million sixty-nine thousand nine hundred seventy-one (60,069,971) abortions have ended the lives of unborn children. (B) In 2015, six hundred thirty-eight thousand one hundred sixty-nine (638,169) legal induced abortions were reported to the Centers for Disease Control and Prevention from forty-nine (49) reporting areas in the United States. (C) The Department of Health reports that two thousand nine hundred sixty-three (2,963) abortions took place in Arkansas during 2019, including abortions performed on out-of-state residents; and

(A) Since the decision of Roe v. Wade, approximately sixty million sixty-nine thousand nine hundred seventy-one (60,069,971) abortions have ended the lives of unborn children.

(B) In 2015, six hundred thirty-eight thousand one hundred sixty-nine (638,169) legal induced abortions were reported to the Centers for Disease Control and Prevention from forty-nine (49) reporting areas in the United States.

(C) The Department of Health reports that two thousand nine hundred sixty-three (2,963) abortions took place in Arkansas during 2019, including abortions performed on out-of-state residents; and

(12) The State of Arkansas urgently pleads with the United States Supreme Court to do the right thing, as they did in one of their greatest cases, Brown v. Board of Education, which overturned a fifty-eight-year-old precedent of the United States, and reverse, cancel, overturn, and annul Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey.

(b) It is the intent of this subchapter to ensure that abortion in Arkansas is abolished and to protect the lives of unborn children.

Added by Act 2021, No. 309,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 5-4-107 — AR Code / Title 5 / Chapter 4 / Subchapter 1 / Section 5-4-107
Extended supervision and monitoring for certain sex offenders
Status: in_force

(a) (1) The Division of Correction within one hundred twenty (120) days before the release on parole or post-release supervision of a person who is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall notify in writing the prosecuting attorney in the judicial district in which the person was sentenced of the person's impending release on parole or post-release supervision. (2) The Division of Community Correction within one hundred twenty (120) days before the release from probation of a person who is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall notify in writing the prosecuting attorney in the judicial district in which the person was sentenced of the person's impending release from probation. (3) The Arkansas State Hospital within thirty (30) days before the release from inpatient treatment of a person who was acquitted of a sex offense by reason of mental disease or defect or who is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall notify in writing the prosecuting attorney in the judicial district in which the person was committed of the person's impending release from inpatient treatment. (b) (1) The prosecuting attorney may file a petition in the circuit court requesting that the person to be released from incarceration, probation, or inpatient treatment be subject to an extended period of supervision and monitoring and alleging that the extended period of supervision and monitoring is necessary because the person poses a serious risk to the public and that there is a likelihood that the person would commit additional criminal offenses. (2) A copy of the petition and any supporting documents shall be served by the prosecuting attorney on the person in accordance with the Arkansas Rules of Civil Procedure. (3) If a hearing is requested, it shall be held at the earliest practicable time and at a time and on a date that would accommodate the transport of the person from a Division of Correction facility, Division of Community Correction facility, or the Arkansas State Hospital to the appropriate circuit court. (c) (1) (A) A person subject to a petition for extended supervision and monitoring filed under this section shall be represented by an attorney if the person requests to be represented by an attorney. (B) If the person requests an attorney, the circuit court shall conduct a hearing to consider the appointment of an attorney to represent the person. (2) (A) The person subject to a petition for extended supervision and monitoring filed under this section shall be present at the hearing on the petition. (B) (i) At the hearing the circuit court shall inform the person of the existence of possible relief under the Arkansas Rules of Criminal Procedure or as provided by law and shall determine whether the person desires the appointment of an attorney to represent him or her in proceedings under this section. (ii) If the person waives the appointment of an attorney, the waiver shall be made in open court on the record. (iii) If the circuit court determines that the person is indigent and that he or she either accepts the appointment of an attorney or is unable to make a competent decision whether to accept or reject an attorney, the circuit court shall issue written findings to that effect and enter a written order appointing an attorney to represent the person in proceedings under this section. (iv) If the circuit court determines that the person waives the appointment of an attorney and understands the legal consequences of his or her decision, or that the person is not indigent, the circuit court shall issue written findings to that effect and enter a written order declining to appoint an attorney to represent the person in proceedings under this section. (v) In determining whether the person is indigent, the circuit court shall consider the cost of post-conviction proceedings for persons subject to extended supervision and monitoring under this section. (d) (1) If the circuit court finds by a preponderance of the evidence that the person about to be released from incarceration, probation, or inpatient treatment poses a serious risk to the public and that there is a likelihood that the person would commit additional criminal offenses, the court may order that the person be subject to an extended period of supervision and monitoring for a period of up to fifteen (15) years. (2) (A) A court order of extended supervision and monitoring under this subsection may be renewed at any time prior to the expiration of the order on the circuit court's own order but only after another hearing and subsequent findings. (B) A person subject to extended supervision and monitoring under this section is entitled to notice of and to attend the hearing on the renewal, as well as being entitled to contest the renewal of the order of extended supervision and monitoring. (e) (1) A person who is subject to extended supervision and monitoring under this section may file a petition to be relieved of the order of extended supervision and monitoring after five (5) years have elapsed since the date of the original order. (2) The prosecuting attorney is entitled to notice of a petition filed under this subsection and to a hearing on the petition. (3) The circuit court shall rescind the order for extended supervision and monitoring if the person proves by clear and convincing evidence that he or she no longer poses a serious risk to the public and there is no longer a likelihood that the person would commit additional criminal offenses. (4) If a petition filed under this subsection is denied, the person may not file another petition under this subsection until five (5) years have elapsed since the date of the order of denial. (f) An appeal of the grant or denial of a petition filed under this section may be taken by either party as provided by Supreme Court rule, and the appellate court shall review the case using an abuse of discretion standard. (g) An order for extended supervision and monitoring under this section may include the requirement that the person wear an ankle monitor or other electronic device designed to track the person's movements at all times. (h) The Division of Community Correction shall administer any extended supervision and monitoring under this section and may adopt rules to implement this section. Amended by Act 2023, No. 659,§ 6, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 651, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 650, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 649, eff. 7/1/2019. Added by Act 2015, No. 973,§ 1, eff. 7/22/2015.

(a) (1) The Division of Correction within one hundred twenty (120) days before the release on parole or post-release supervision of a person who is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall notify in writing the prosecuting attorney in the judicial district in which the person was sentenced of the person's impending release on parole or post-release supervision. (2) The Division of Community Correction within one hundred twenty (120) days before the release from probation of a person who is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall notify in writing the prosecuting attorney in the judicial district in which the person was sentenced of the person's impending release from probation. (3) The Arkansas State Hospital within thirty (30) days before the release from inpatient treatment of a person who was acquitted of a sex offense by reason of mental disease or defect or who is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall notify in writing the prosecuting attorney in the judicial district in which the person was committed of the person's impending release from inpatient treatment.

(1) The Division of Correction within one hundred twenty (120) days before the release on parole or post-release supervision of a person who is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall notify in writing the prosecuting attorney in the judicial district in which the person was sentenced of the person's impending release on parole or post-release supervision.

(2) The Division of Community Correction within one hundred twenty (120) days before the release from probation of a person who is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall notify in writing the prosecuting attorney in the judicial district in which the person was sentenced of the person's impending release from probation.

(3) The Arkansas State Hospital within thirty (30) days before the release from inpatient treatment of a person who was acquitted of a sex offense by reason of mental disease or defect or who is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., shall notify in writing the prosecuting attorney in the judicial district in which the person was committed of the person's impending release from inpatient treatment.

(b) (1) The prosecuting attorney may file a petition in the circuit court requesting that the person to be released from incarceration, probation, or inpatient treatment be subject to an extended period of supervision and monitoring and alleging that the extended period of supervision and monitoring is necessary because the person poses a serious risk to the public and that there is a likelihood that the person would commit additional criminal offenses. (2) A copy of the petition and any supporting documents shall be served by the prosecuting attorney on the person in accordance with the Arkansas Rules of Civil Procedure. (3) If a hearing is requested, it shall be held at the earliest practicable time and at a time and on a date that would accommodate the transport of the person from a Division of Correction facility, Division of Community Correction facility, or the Arkansas State Hospital to the appropriate circuit court.

(1) The prosecuting attorney may file a petition in the circuit court requesting that the person to be released from incarceration, probation, or inpatient treatment be subject to an extended period of supervision and monitoring and alleging that the extended period of supervision and monitoring is necessary because the person poses a serious risk to the public and that there is a likelihood that the person would commit additional criminal offenses.

(2) A copy of the petition and any supporting documents shall be served by the prosecuting attorney on the person in accordance with the Arkansas Rules of Civil Procedure.

(3) If a hearing is requested, it shall be held at the earliest practicable time and at a time and on a date that would accommodate the transport of the person from a Division of Correction facility, Division of Community Correction facility, or the Arkansas State Hospital to the appropriate circuit court.

(c) (1) (A) A person subject to a petition for extended supervision and monitoring filed under this section shall be represented by an attorney if the person requests to be represented by an attorney. (B) If the person requests an attorney, the circuit court shall conduct a hearing to consider the appointment of an attorney to represent the person. (2) (A) The person subject to a petition for extended supervision and monitoring filed under this section shall be present at the hearing on the petition. (B) (i) At the hearing the circuit court shall inform the person of the existence of possible relief under the Arkansas Rules of Criminal Procedure or as provided by law and shall determine whether the person desires the appointment of an attorney to represent him or her in proceedings under this section. (ii) If the person waives the appointment of an attorney, the waiver shall be made in open court on the record. (iii) If the circuit court determines that the person is indigent and that he or she either accepts the appointment of an attorney or is unable to make a competent decision whether to accept or reject an attorney, the circuit court shall issue written findings to that effect and enter a written order appointing an attorney to represent the person in proceedings under this section. (iv) If the circuit court determines that the person waives the appointment of an attorney and understands the legal consequences of his or her decision, or that the person is not indigent, the circuit court shall issue written findings to that effect and enter a written order declining to appoint an attorney to represent the person in proceedings under this section. (v) In determining whether the person is indigent, the circuit court shall consider the cost of post-conviction proceedings for persons subject to extended supervision and monitoring under this section.

(1) (A) A person subject to a petition for extended supervision and monitoring filed under this section shall be represented by an attorney if the person requests to be represented by an attorney. (B) If the person requests an attorney, the circuit court shall conduct a hearing to consider the appointment of an attorney to represent the person.

(A) A person subject to a petition for extended supervision and monitoring filed under this section shall be represented by an attorney if the person requests to be represented by an attorney.

(B) If the person requests an attorney, the circuit court shall conduct a hearing to consider the appointment of an attorney to represent the person.

(2) (A) The person subject to a petition for extended supervision and monitoring filed under this section shall be present at the hearing on the petition. (B) (i) At the hearing the circuit court shall inform the person of the existence of possible relief under the Arkansas Rules of Criminal Procedure or as provided by law and shall determine whether the person desires the appointment of an attorney to represent him or her in proceedings under this section. (ii) If the person waives the appointment of an attorney, the waiver shall be made in open court on the record. (iii) If the circuit court determines that the person is indigent and that he or she either accepts the appointment of an attorney or is unable to make a competent decision whether to accept or reject an attorney, the circuit court shall issue written findings to that effect and enter a written order appointing an attorney to represent the person in proceedings under this section. (iv) If the circuit court determines that the person waives the appointment of an attorney and understands the legal consequences of his or her decision, or that the person is not indigent, the circuit court shall issue written findings to that effect and enter a written order declining to appoint an attorney to represent the person in proceedings under this section. (v) In determining whether the person is indigent, the circuit court shall consider the cost of post-conviction proceedings for persons subject to extended supervision and monitoring under this section.

(A) The person subject to a petition for extended supervision and monitoring filed under this section shall be present at the hearing on the petition.

(B) (i) At the hearing the circuit court shall inform the person of the existence of possible relief under the Arkansas Rules of Criminal Procedure or as provided by law and shall determine whether the person desires the appointment of an attorney to represent him or her in proceedings under this section. (ii) If the person waives the appointment of an attorney, the waiver shall be made in open court on the record. (iii) If the circuit court determines that the person is indigent and that he or she either accepts the appointment of an attorney or is unable to make a competent decision whether to accept or reject an attorney, the circuit court shall issue written findings to that effect and enter a written order appointing an attorney to represent the person in proceedings under this section. (iv) If the circuit court determines that the person waives the appointment of an attorney and understands the legal consequences of his or her decision, or that the person is not indigent, the circuit court shall issue written findings to that effect and enter a written order declining to appoint an attorney to represent the person in proceedings under this section. (v) In determining whether the person is indigent, the circuit court shall consider the cost of post-conviction proceedings for persons subject to extended supervision and monitoring under this section.

(i) At the hearing the circuit court shall inform the person of the existence of possible relief under the Arkansas Rules of Criminal Procedure or as provided by law and shall determine whether the person desires the appointment of an attorney to represent him or her in proceedings under this section.

(ii) If the person waives the appointment of an attorney, the waiver shall be made in open court on the record.

(iii) If the circuit court determines that the person is indigent and that he or she either accepts the appointment of an attorney or is unable to make a competent decision whether to accept or reject an attorney, the circuit court shall issue written findings to that effect and enter a written order appointing an attorney to represent the person in proceedings under this section.

(iv) If the circuit court determines that the person waives the appointment of an attorney and understands the legal consequences of his or her decision, or that the person is not indigent, the circuit court shall issue written findings to that effect and enter a written order declining to appoint an attorney to represent the person in proceedings under this section.

(v) In determining whether the person is indigent, the circuit court shall consider the cost of post-conviction proceedings for persons subject to extended supervision and monitoring under this section.

(d) (1) If the circuit court finds by a preponderance of the evidence that the person about to be released from incarceration, probation, or inpatient treatment poses a serious risk to the public and that there is a likelihood that the person would commit additional criminal offenses, the court may order that the person be subject to an extended period of supervision and monitoring for a period of up to fifteen (15) years. (2) (A) A court order of extended supervision and monitoring under this subsection may be renewed at any time prior to the expiration of the order on the circuit court's own order but only after another hearing and subsequent findings. (B) A person subject to extended supervision and monitoring under this section is entitled to notice of and to attend the hearing on the renewal, as well as being entitled to contest the renewal of the order of extended supervision and monitoring.

(1) If the circuit court finds by a preponderance of the evidence that the person about to be released from incarceration, probation, or inpatient treatment poses a serious risk to the public and that there is a likelihood that the person would commit additional criminal offenses, the court may order that the person be subject to an extended period of supervision and monitoring for a period of up to fifteen (15) years.

(2) (A) A court order of extended supervision and monitoring under this subsection may be renewed at any time prior to the expiration of the order on the circuit court's own order but only after another hearing and subsequent findings. (B) A person subject to extended supervision and monitoring under this section is entitled to notice of and to attend the hearing on the renewal, as well as being entitled to contest the renewal of the order of extended supervision and monitoring.

(A) A court order of extended supervision and monitoring under this subsection may be renewed at any time prior to the expiration of the order on the circuit court's own order but only after another hearing and subsequent findings.

(B) A person subject to extended supervision and monitoring under this section is entitled to notice of and to attend the hearing on the renewal, as well as being entitled to contest the renewal of the order of extended supervision and monitoring.

(e) (1) A person who is subject to extended supervision and monitoring under this section may file a petition to be relieved of the order of extended supervision and monitoring after five (5) years have elapsed since the date of the original order. (2) The prosecuting attorney is entitled to notice of a petition filed under this subsection and to a hearing on the petition. (3) The circuit court shall rescind the order for extended supervision and monitoring if the person proves by clear and convincing evidence that he or she no longer poses a serious risk to the public and there is no longer a likelihood that the person would commit additional criminal offenses. (4) If a petition filed under this subsection is denied, the person may not file another petition under this subsection until five (5) years have elapsed since the date of the order of denial.

(1) A person who is subject to extended supervision and monitoring under this section may file a petition to be relieved of the order of extended supervision and monitoring after five (5) years have elapsed since the date of the original order.

(2) The prosecuting attorney is entitled to notice of a petition filed under this subsection and to a hearing on the petition.

(3) The circuit court shall rescind the order for extended supervision and monitoring if the person proves by clear and convincing evidence that he or she no longer poses a serious risk to the public and there is no longer a likelihood that the person would commit additional criminal offenses.

(4) If a petition filed under this subsection is denied, the person may not file another petition under this subsection until five (5) years have elapsed since the date of the order of denial.

(f) An appeal of the grant or denial of a petition filed under this section may be taken by either party as provided by Supreme Court rule, and the appellate court shall review the case using an abuse of discretion standard.

(g) An order for extended supervision and monitoring under this section may include the requirement that the person wear an ankle monitor or other electronic device designed to track the person's movements at all times.

(h) The Division of Community Correction shall administer any extended supervision and monitoring under this section and may adopt rules to implement this section.

Amended by Act 2023, No. 659,§ 6, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 651, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 650, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 649, eff. 7/1/2019.

Added by Act 2015, No. 973,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 5-37-228 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-228
Identity theft passport
Status: in_force

(a) The Attorney General in cooperation with any law enforcement agency may issue an identity theft passport to a person who: (1) Is a resident of this state; (2) Learns or reasonably suspects that he or she is a victim of financial identity fraud; and (3) Has filed a police report citing that he or she is a victim of financial identity fraud as prohibited by § 5-37-227 . (b) (1) A person who learns or reasonably suspects that he or she is the victim of financial identity fraud may contact the local law enforcement agency that has jurisdiction over the city or county where the person resides. (2) The local law enforcement agency: (A) Shall make a police report of the matter whether or not the local law enforcement agency has jurisdiction to investigate and prosecute a crime of financial identity fraud against the victim; (B) Shall provide the victim with a copy of the police report; and (C) May refer the police report to a law enforcement agency with jurisdiction to investigate and prosecute a crime of financial identity fraud. (3) Nothing in this section interferes with the discretion of a local law enforcement agency to allocate resources for an investigation of a crime. (4) A police report filed by a victim of financial identity fraud under this section is not required to be counted as an open case for purposes such as compiling open case statistics. (c) (1) After the victim has filed a police report with any local law enforcement agency, the victim may apply for an identity theft passport by sending to the office of the Attorney General: (A) A copy of the police report; (B) An application for an identity theft passport; and (C) Any other supporting documentation requested by the Attorney General. (2) The Attorney General shall process the application and supporting police report and may issue the victim of financial identity fraud an identity theft passport in the form of a card or certificate. (d) (1) A victim of financial identity fraud may present the victim's identity theft passport issued under this section to: (A) A law enforcement agency to help prevent the victim's arrest or detention for an offense committed by a person other than the victim, who is using the victim's identity; (B) Any creditor of the victim to aid in the creditor's investigation and establishment of whether a fraudulent charge was made against an account in the victim's name or whether an account was opened using the victim's identity; or (C) Any other entity to aid in the entity's investigation of whether the victim's identity was fraudulently obtained or used without the victim's consent. (2) (A) Acceptance of the identity theft passport presented by the victim to a law enforcement agency, creditor, or other entity under subdivision (d)(1) of this section is at the discretion of the law enforcement agency, creditor, or other entity. (B) A law enforcement agency, creditor, or other entity may consider the identity theft passport as well as surrounding circumstances and available information concerning the offense of financial identity fraud against the victim in determining whether to accept the identity theft passport. (e) (1) An application for an identity theft passport under subsection (c) of this section and any supporting documentation are not public records. (2) The Attorney General may provide access to an application under subsection (a) of this section and supporting documentation to another criminal justice or law enforcement agency in this state or another state. Acts 2005, No. 744, § 1.

(a) The Attorney General in cooperation with any law enforcement agency may issue an identity theft passport to a person who: (1) Is a resident of this state; (2) Learns or reasonably suspects that he or she is a victim of financial identity fraud; and (3) Has filed a police report citing that he or she is a victim of financial identity fraud as prohibited by § 5-37-227 .

(1) Is a resident of this state;

(2) Learns or reasonably suspects that he or she is a victim of financial identity fraud; and

(3) Has filed a police report citing that he or she is a victim of financial identity fraud as prohibited by § 5-37-227 .

(b) (1) A person who learns or reasonably suspects that he or she is the victim of financial identity fraud may contact the local law enforcement agency that has jurisdiction over the city or county where the person resides. (2) The local law enforcement agency: (A) Shall make a police report of the matter whether or not the local law enforcement agency has jurisdiction to investigate and prosecute a crime of financial identity fraud against the victim; (B) Shall provide the victim with a copy of the police report; and (C) May refer the police report to a law enforcement agency with jurisdiction to investigate and prosecute a crime of financial identity fraud. (3) Nothing in this section interferes with the discretion of a local law enforcement agency to allocate resources for an investigation of a crime. (4) A police report filed by a victim of financial identity fraud under this section is not required to be counted as an open case for purposes such as compiling open case statistics.

(1) A person who learns or reasonably suspects that he or she is the victim of financial identity fraud may contact the local law enforcement agency that has jurisdiction over the city or county where the person resides.

(2) The local law enforcement agency: (A) Shall make a police report of the matter whether or not the local law enforcement agency has jurisdiction to investigate and prosecute a crime of financial identity fraud against the victim; (B) Shall provide the victim with a copy of the police report; and (C) May refer the police report to a law enforcement agency with jurisdiction to investigate and prosecute a crime of financial identity fraud.

(A) Shall make a police report of the matter whether or not the local law enforcement agency has jurisdiction to investigate and prosecute a crime of financial identity fraud against the victim;

(B) Shall provide the victim with a copy of the police report; and

(C) May refer the police report to a law enforcement agency with jurisdiction to investigate and prosecute a crime of financial identity fraud.

(3) Nothing in this section interferes with the discretion of a local law enforcement agency to allocate resources for an investigation of a crime.

(4) A police report filed by a victim of financial identity fraud under this section is not required to be counted as an open case for purposes such as compiling open case statistics.

(c) (1) After the victim has filed a police report with any local law enforcement agency, the victim may apply for an identity theft passport by sending to the office of the Attorney General: (A) A copy of the police report; (B) An application for an identity theft passport; and (C) Any other supporting documentation requested by the Attorney General. (2) The Attorney General shall process the application and supporting police report and may issue the victim of financial identity fraud an identity theft passport in the form of a card or certificate.

(1) After the victim has filed a police report with any local law enforcement agency, the victim may apply for an identity theft passport by sending to the office of the Attorney General: (A) A copy of the police report; (B) An application for an identity theft passport; and (C) Any other supporting documentation requested by the Attorney General.

(A) A copy of the police report;

(B) An application for an identity theft passport; and

(C) Any other supporting documentation requested by the Attorney General.

(2) The Attorney General shall process the application and supporting police report and may issue the victim of financial identity fraud an identity theft passport in the form of a card or certificate.

(d) (1) A victim of financial identity fraud may present the victim's identity theft passport issued under this section to: (A) A law enforcement agency to help prevent the victim's arrest or detention for an offense committed by a person other than the victim, who is using the victim's identity; (B) Any creditor of the victim to aid in the creditor's investigation and establishment of whether a fraudulent charge was made against an account in the victim's name or whether an account was opened using the victim's identity; or (C) Any other entity to aid in the entity's investigation of whether the victim's identity was fraudulently obtained or used without the victim's consent. (2) (A) Acceptance of the identity theft passport presented by the victim to a law enforcement agency, creditor, or other entity under subdivision (d)(1) of this section is at the discretion of the law enforcement agency, creditor, or other entity. (B) A law enforcement agency, creditor, or other entity may consider the identity theft passport as well as surrounding circumstances and available information concerning the offense of financial identity fraud against the victim in determining whether to accept the identity theft passport.

(1) A victim of financial identity fraud may present the victim's identity theft passport issued under this section to: (A) A law enforcement agency to help prevent the victim's arrest or detention for an offense committed by a person other than the victim, who is using the victim's identity; (B) Any creditor of the victim to aid in the creditor's investigation and establishment of whether a fraudulent charge was made against an account in the victim's name or whether an account was opened using the victim's identity; or (C) Any other entity to aid in the entity's investigation of whether the victim's identity was fraudulently obtained or used without the victim's consent.

(A) A law enforcement agency to help prevent the victim's arrest or detention for an offense committed by a person other than the victim, who is using the victim's identity;

(B) Any creditor of the victim to aid in the creditor's investigation and establishment of whether a fraudulent charge was made against an account in the victim's name or whether an account was opened using the victim's identity; or

(C) Any other entity to aid in the entity's investigation of whether the victim's identity was fraudulently obtained or used without the victim's consent.

(2) (A) Acceptance of the identity theft passport presented by the victim to a law enforcement agency, creditor, or other entity under subdivision (d)(1) of this section is at the discretion of the law enforcement agency, creditor, or other entity. (B) A law enforcement agency, creditor, or other entity may consider the identity theft passport as well as surrounding circumstances and available information concerning the offense of financial identity fraud against the victim in determining whether to accept the identity theft passport.

(A) Acceptance of the identity theft passport presented by the victim to a law enforcement agency, creditor, or other entity under subdivision (d)(1) of this section is at the discretion of the law enforcement agency, creditor, or other entity.

(B) A law enforcement agency, creditor, or other entity may consider the identity theft passport as well as surrounding circumstances and available information concerning the offense of financial identity fraud against the victim in determining whether to accept the identity theft passport.

(e) (1) An application for an identity theft passport under subsection (c) of this section and any supporting documentation are not public records. (2) The Attorney General may provide access to an application under subsection (a) of this section and supporting documentation to another criminal justice or law enforcement agency in this state or another state.

(1) An application for an identity theft passport under subsection (c) of this section and any supporting documentation are not public records.

(2) The Attorney General may provide access to an application under subsection (a) of this section and supporting documentation to another criminal justice or law enforcement agency in this state or another state.

Acts 2005, No. 744, § 1.