Ark. Code Ann. § 12-18-703 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-703
Notice generally
Status: in_force

(a) The Department of Human Services and the Department of Arkansas State Police shall notify each alleged offender of the child maltreatment investigative determination whether true or unsubstantiated. (b) (1) In every case in which a report is determined to be true, the Department of Human Services and the Department of Arkansas State Police shall notify the alleged offender of the investigative determination by certified mail, restricted delivery, or by process server as permitted under Rule 4 of the Arkansas Rules of Civil Procedure. (2) Failure of service under subdivision (b)(1) of this section is not deemed failure of notice if the alleged offender has actual notice. (c) (1) The notice of the investigative determination shall include a statement that the request for an administrative hearing shall be made within thirty (30) days of the receipt of notice under subsection (b) of this section. (2) An alleged offender is not entitled to an automatic administrative hearing if: (A) The allegations are determined to be true; and (B) The alleged offender's name is exempt from placement in the Child Maltreatment Central Registry. Amended by Act 2015, No. 1097,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 20, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 17, eff. 8/16/2013. Acts 2009, No. 749, § 1; 2011, No. 1143, § 15.

(a) The Department of Human Services and the Department of Arkansas State Police shall notify each alleged offender of the child maltreatment investigative determination whether true or unsubstantiated.

(b) (1) In every case in which a report is determined to be true, the Department of Human Services and the Department of Arkansas State Police shall notify the alleged offender of the investigative determination by certified mail, restricted delivery, or by process server as permitted under Rule 4 of the Arkansas Rules of Civil Procedure. (2) Failure of service under subdivision (b)(1) of this section is not deemed failure of notice if the alleged offender has actual notice.

(1) In every case in which a report is determined to be true, the Department of Human Services and the Department of Arkansas State Police shall notify the alleged offender of the investigative determination by certified mail, restricted delivery, or by process server as permitted under Rule 4 of the Arkansas Rules of Civil Procedure.

(2) Failure of service under subdivision (b)(1) of this section is not deemed failure of notice if the alleged offender has actual notice.

(c) (1) The notice of the investigative determination shall include a statement that the request for an administrative hearing shall be made within thirty (30) days of the receipt of notice under subsection (b) of this section. (2) An alleged offender is not entitled to an automatic administrative hearing if: (A) The allegations are determined to be true; and (B) The alleged offender's name is exempt from placement in the Child Maltreatment Central Registry.

(1) The notice of the investigative determination shall include a statement that the request for an administrative hearing shall be made within thirty (30) days of the receipt of notice under subsection (b) of this section.

(2) An alleged offender is not entitled to an automatic administrative hearing if: (A) The allegations are determined to be true; and (B) The alleged offender's name is exempt from placement in the Child Maltreatment Central Registry.

(A) The allegations are determined to be true; and

(B) The alleged offender's name is exempt from placement in the Child Maltreatment Central Registry.

Amended by Act 2015, No. 1097,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1004,§ 20, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 17, eff. 8/16/2013.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 15.
Ark. Code Ann. § 12-61-206 — AR Code / Title 12 / Chapter 61 / Subchapter 2 / Section 12-61-206
Assemblies, annual training, and other duties
Status: in_force

(a) Members and units of the National Guard shall assemble for drill or other equivalent training, instruction, or duties during each year and shall participate in field training, encampments, maneuvers, schools, conferences, or other similar duties each year as may be prescribed by the laws of the United States and of the state and the regulations and rules issued thereunder. However, no assembly of any such unit of the organized militia shall be ordered in time of peace for any day during which a general election shall be held, except in case of riot, invasion, or insurrection or imminent danger thereof. (b) Within the amount appropriated therefor, the Adjutant General may prescribe and order the number of days, if any, for assemblies or drills or other equivalent training, instruction, or duties to be performed annually by members of the National Guard for which they may receive pay and allowances. (c) Within the amount appropriated therefor, the Adjutant General may prescribe and order the number of days, if any, of field training, encampments, maneuvers, schools, conferences, or other similar duties to be performed by members of the National Guard for which they may receive pay and allowances. (d) Members of the National Guard may be ordered by the Governor or under his or her authority to perform special duty, including duty in a judicial proceeding or course of justice conducted pursuant to § 12-64-101 et seq., or as a member of or in any other capacity with any military board or as an investigating officer or as a medical examiner or as a judge advocate in the performance of legal services in any suit, action, or proceeding pertaining to the military. Amended by Act 2019, No. 315,§ 929, eff. 7/24/2019. Acts 1969, No. 50, § 25; A.S.A. 1947, § 11-205.

(a) Members and units of the National Guard shall assemble for drill or other equivalent training, instruction, or duties during each year and shall participate in field training, encampments, maneuvers, schools, conferences, or other similar duties each year as may be prescribed by the laws of the United States and of the state and the regulations and rules issued thereunder. However, no assembly of any such unit of the organized militia shall be ordered in time of peace for any day during which a general election shall be held, except in case of riot, invasion, or insurrection or imminent danger thereof.

(b) Within the amount appropriated therefor, the Adjutant General may prescribe and order the number of days, if any, for assemblies or drills or other equivalent training, instruction, or duties to be performed annually by members of the National Guard for which they may receive pay and allowances.

(c) Within the amount appropriated therefor, the Adjutant General may prescribe and order the number of days, if any, of field training, encampments, maneuvers, schools, conferences, or other similar duties to be performed by members of the National Guard for which they may receive pay and allowances.

(d) Members of the National Guard may be ordered by the Governor or under his or her authority to perform special duty, including duty in a judicial proceeding or course of justice conducted pursuant to § 12-64-101 et seq., or as a member of or in any other capacity with any military board or as an investigating officer or as a medical examiner or as a judge advocate in the performance of legal services in any suit, action, or proceeding pertaining to the military.

Amended by Act 2019, No. 315,§ 929, eff. 7/24/2019.

Acts 1969, No. 50, § 25; A.S.A. 1947, § 11-205.
Ark. Code Ann. § 12-62-716 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-716
Mortgage foreclosures
Status: in_force

(a) The creditor of a service member who, before entry into military service, has entered into a mortgage contract with the service member or his or her dependent for the purchase of real or personal property may not foreclose on the mortgage or repossess the property for nonpayment or any breach occurring during military service without an order from a court of competent jurisdiction. (b) The court, upon application under this section, unless the court finds on the record that the ability of the service member to comply with the terms of the mortgage is not materially affected by reason of his or her military service, may: (1) Order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property; (2) Order a stay of the proceedings on its own motion or on motion by the service member or another person on his or her behalf; or (3) Make any other disposition of the case as it considers to be equitable to conserve the interests of all parties. (c) In order to come within the provisions of this section, the service member or dependent shall establish the following: (1) The relief is sought on an obligation secured by a mortgage, trust deed, or other security in the nature of a mortgage on either real or personal property; (2) The obligation originated before the service member's entry into military service; (3) The property was owned by the service member or his or her dependent before the commencement of military service; and (4) The property is still owned by the service member or his or her dependent at the time relief is sought. (d) Any person who knowingly forecloses on property which is the subject of this section other than as provided in subsection (a) of this section is guilty of an unclassified misdemeanor. Acts 2003, No. 1003, § 16.

(a) The creditor of a service member who, before entry into military service, has entered into a mortgage contract with the service member or his or her dependent for the purchase of real or personal property may not foreclose on the mortgage or repossess the property for nonpayment or any breach occurring during military service without an order from a court of competent jurisdiction.

(b) The court, upon application under this section, unless the court finds on the record that the ability of the service member to comply with the terms of the mortgage is not materially affected by reason of his or her military service, may: (1) Order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property; (2) Order a stay of the proceedings on its own motion or on motion by the service member or another person on his or her behalf; or (3) Make any other disposition of the case as it considers to be equitable to conserve the interests of all parties.

(1) Order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property;

(2) Order a stay of the proceedings on its own motion or on motion by the service member or another person on his or her behalf; or

(3) Make any other disposition of the case as it considers to be equitable to conserve the interests of all parties.

(c) In order to come within the provisions of this section, the service member or dependent shall establish the following: (1) The relief is sought on an obligation secured by a mortgage, trust deed, or other security in the nature of a mortgage on either real or personal property; (2) The obligation originated before the service member's entry into military service; (3) The property was owned by the service member or his or her dependent before the commencement of military service; and (4) The property is still owned by the service member or his or her dependent at the time relief is sought.

(1) The relief is sought on an obligation secured by a mortgage, trust deed, or other security in the nature of a mortgage on either real or personal property;

(2) The obligation originated before the service member's entry into military service;

(3) The property was owned by the service member or his or her dependent before the commencement of military service; and

(4) The property is still owned by the service member or his or her dependent at the time relief is sought.

(d) Any person who knowingly forecloses on property which is the subject of this section other than as provided in subsection (a) of this section is guilty of an unclassified misdemeanor.

Acts 2003, No. 1003, § 16.
Ark. Code Ann. § 12-10-320 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-320
[Repealed]
Status: repealed

Repealed by Act 2019, No. 660,§ 5, eff. 7/24/2019. Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826.

Repealed by Act 2019, No. 660,§ 5, eff. 7/24/2019.

Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826.
Ark. Code Ann. § 12-27-109 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-109
Oaths of director and other authorized persons
Status: in_force

The Director of the Division of Correction and each person authorized by the Board of Corrections to assume the duties of the director on an interim or acting basis shall, before discharging his or her prescribed duties, take and subscribe to and file in the office of the Secretary of State, an oath that he or she will support the United States Constitution and the Arkansas Constitution and faithfully perform the prescribed duties upon which he or she is about to enter. Amended by Act 2019, No. 208,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 741, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 4; 1975, No. 733, § 1; A.S.A. 1947, § 46-104.

The Director of the Division of Correction and each person authorized by the Board of Corrections to assume the duties of the director on an interim or acting basis shall, before discharging his or her prescribed duties, take and subscribe to and file in the office of the Secretary of State, an oath that he or she will support the United States Constitution and the Arkansas Constitution and faithfully perform the prescribed duties upon which he or she is about to enter.

Amended by Act 2019, No. 208,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 741, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 4; 1975, No. 733, § 1; A.S.A. 1947, § 46-104.
Ark. Code Ann. § 12-29-507 — AR Code / Title 12 / Chapter 29 / Subchapter 5 / Section 12-29-507
Deposit of recovered moneys - Payment of costs
Status: in_force

(a) (1) All moneys recovered for the cost of care of prisoners in a facility of the Division of Correction or the Division of Community Correction under this subchapter shall be deposited into the State Treasury. (2) The Treasurer of State shall credit the moneys to the appropriate fund established by law from which appropriations to the Division of Correction or the Division of Community Correction are made for inmate care and custody at the Division of Correction or the Division of Community Correction. (b) However, the cost of making any investigation necessary to secure the reimbursements provided under this subchapter shall be paid from the reimbursement secured under this subchapter in those instances in which the General Assembly has not otherwise provided funds to defray the cost of the investigations. Amended by Act 2019, No. 910,§ 811, eff. 7/1/2019. Amended by Act 2013, No. 289,§ 6, eff. 8/16/2013. Acts 1981, No. 715, § 6; A.S.A. 1947, § 46-1706.

(a) (1) All moneys recovered for the cost of care of prisoners in a facility of the Division of Correction or the Division of Community Correction under this subchapter shall be deposited into the State Treasury. (2) The Treasurer of State shall credit the moneys to the appropriate fund established by law from which appropriations to the Division of Correction or the Division of Community Correction are made for inmate care and custody at the Division of Correction or the Division of Community Correction.

(1) All moneys recovered for the cost of care of prisoners in a facility of the Division of Correction or the Division of Community Correction under this subchapter shall be deposited into the State Treasury.

(2) The Treasurer of State shall credit the moneys to the appropriate fund established by law from which appropriations to the Division of Correction or the Division of Community Correction are made for inmate care and custody at the Division of Correction or the Division of Community Correction.

(b) However, the cost of making any investigation necessary to secure the reimbursements provided under this subchapter shall be paid from the reimbursement secured under this subchapter in those instances in which the General Assembly has not otherwise provided funds to defray the cost of the investigations.

Amended by Act 2019, No. 910,§ 811, eff. 7/1/2019.

Amended by Act 2013, No. 289,§ 6, eff. 8/16/2013.

Acts 1981, No. 715, § 6; A.S.A. 1947, § 46-1706.
Ark. Code Ann. § 12-60-104 — AR Code / Title 12 / Chapter 60 / Section 12-60-104
Delegation of authority by the Governor or the commanding general of the organized militia
Status: in_force

(a) The Governor may delegate any authority vested in the Governor under this code, and may provide for the subdelegation of any such authority, except with respect to the power authorized in §§ 12-64-406(a) and 12-64-603(b) of this code. (b) The commanding general of the organized militia may delegate any authority vested in the commanding general under this code, and may provide for the subdelegation of any such authority, except with respect to the power authorized in §§ 12-64-406(a) and 12-64-603(b) of this code. Amended by Act 2015, No. 1003,§ 3, eff. 7/22/2015. Acts 1969, No. 50, § 174; A.S.A. 1947, § 11-685.

(a) The Governor may delegate any authority vested in the Governor under this code, and may provide for the subdelegation of any such authority, except with respect to the power authorized in §§ 12-64-406(a) and 12-64-603(b) of this code.

(b) The commanding general of the organized militia may delegate any authority vested in the commanding general under this code, and may provide for the subdelegation of any such authority, except with respect to the power authorized in §§ 12-64-406(a) and 12-64-603(b) of this code.

Amended by Act 2015, No. 1003,§ 3, eff. 7/22/2015.

Acts 1969, No. 50, § 174; A.S.A. 1947, § 11-685.
Ark. Code Ann. § 12-51-203 — AR Code / Title 12 / Chapter 51 / Subchapter 2 / Section 12-51-203
Corporate records of the interstate commission
Status: in_force

The Interstate Commission for Adult Offender Supervision shall maintain its corporate books and records in accordance with the bylaws. Acts 2001, No. 253, § 1.

The Interstate Commission for Adult Offender Supervision shall maintain its corporate books and records in accordance with the bylaws.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-12-1801 — AR Code / Title 12 / Chapter 12 / Subchapter 18 / Section 12-12-1801
Title
Status: in_force

This subchapter is known and may be cited as the "Automatic License Plate Reader System Act". Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.

This subchapter is known and may be cited as the "Automatic License Plate Reader System Act".

Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 12-61-207 — AR Code / Title 12 / Chapter 61 / Subchapter 2 / Section 12-61-207
Female members
Status: in_force

The Governor may appoint, commission, and enlist female citizens of the state into the National Guard where the laws and regulations of the United States permit. While so serving, they will have the same status as male members of the military forces. Acts 1969, No. 50, § 26; A.S.A. 1947, § 11-206.

The Governor may appoint, commission, and enlist female citizens of the state into the National Guard where the laws and regulations of the United States permit. While so serving, they will have the same status as male members of the military forces.

Acts 1969, No. 50, § 26; A.S.A. 1947, § 11-206.
Ark. Code Ann. § 12-10-302 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-302
Legislative findings, policy, and purpose
Status: in_force

(a) It has been determined to be in the public interest to shorten the time and simplify the method required for a citizen to request and receive emergency aid. (b) The provision of a single, primary three-digit emergency number through which fire suppression, rescue, disaster and major emergency, emergency medical, and law enforcement services may be quickly and efficiently obtained will provide a significant contribution to response by simplifying notification of these emergency service responders. A simplified means of procuring these emergency services will result in saving of life, a reduction in the destruction of property, quicker apprehension of criminals, and ultimately the saving of moneys. (c) Establishment of a uniform emergency telephone number is a matter of concern to all citizens. (d) The emergency number 911 has been made available at the national level for implementation throughout the United States and Canada. (e) It is found and declared necessary to: (1) Establish the National Emergency Number 911 (nine, one, one) as the primary emergency telephone number for use in participating political subdivisions of the State of Arkansas; (2) Authorize each chief executive to direct establishment and operation of public safety answering points in their political subdivisions and to designate the location of a public safety answering point and agency which is to operate the center. As both are elected positions, a county judge must obtain concurrence of the county sheriff; (3) Encourage the political subdivisions to implement public safety answering points; and (4) Provide a method of funding for the political subdivisions, subject to the jurisdiction of the Arkansas 911 Board, which will allow them to implement, operate, and maintain a public safety answering point. Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 2; A.S.A. 1947, § 73-1823.

(a) It has been determined to be in the public interest to shorten the time and simplify the method required for a citizen to request and receive emergency aid.

(b) The provision of a single, primary three-digit emergency number through which fire suppression, rescue, disaster and major emergency, emergency medical, and law enforcement services may be quickly and efficiently obtained will provide a significant contribution to response by simplifying notification of these emergency service responders. A simplified means of procuring these emergency services will result in saving of life, a reduction in the destruction of property, quicker apprehension of criminals, and ultimately the saving of moneys.

(c) Establishment of a uniform emergency telephone number is a matter of concern to all citizens.

(d) The emergency number 911 has been made available at the national level for implementation throughout the United States and Canada.

(e) It is found and declared necessary to: (1) Establish the National Emergency Number 911 (nine, one, one) as the primary emergency telephone number for use in participating political subdivisions of the State of Arkansas; (2) Authorize each chief executive to direct establishment and operation of public safety answering points in their political subdivisions and to designate the location of a public safety answering point and agency which is to operate the center. As both are elected positions, a county judge must obtain concurrence of the county sheriff; (3) Encourage the political subdivisions to implement public safety answering points; and (4) Provide a method of funding for the political subdivisions, subject to the jurisdiction of the Arkansas 911 Board, which will allow them to implement, operate, and maintain a public safety answering point.

(1) Establish the National Emergency Number 911 (nine, one, one) as the primary emergency telephone number for use in participating political subdivisions of the State of Arkansas;

(2) Authorize each chief executive to direct establishment and operation of public safety answering points in their political subdivisions and to designate the location of a public safety answering point and agency which is to operate the center. As both are elected positions, a county judge must obtain concurrence of the county sheriff;

(3) Encourage the political subdivisions to implement public safety answering points; and

(4) Provide a method of funding for the political subdivisions, subject to the jurisdiction of the Arkansas 911 Board, which will allow them to implement, operate, and maintain a public safety answering point.

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

Acts 1985, No. 683, § 2; A.S.A. 1947, § 73-1823.
Ark. Code Ann. § 12-29-301 — AR Code / Title 12 / Chapter 29 / Subchapter 3 / Section 12-29-301
School district created
Status: in_force

(a) Properties owned by the State of Arkansas and occupied by the various units of the Division of Correction and the Division of Community Correction are by this subchapter designated as a qualified school district to be known as the "Arkansas Correctional School District". (b) (1) The district is created for the purpose of providing elementary, secondary, and career and technical education to qualified persons incarcerated in facilities of the Division of Correction and the Division of Community Correction or to persons supervised by the Division of Community Correction, including those on probation and parole or any type of post-prison release or transfer, irrespective of age. (2) (A) Career and technical education shall meet established industry needs. (B) The established industry needs shall be approved by the Board of Corrections after recommendations by: (i) The Division of Career and Technical Education for the Department of Education; and (ii) The Office of Skills Development for the Department of Commerce. (c) The Board of Corrections shall act as the Board of Directors of the Arkansas Correctional School District. (d) (1) The district's chief administrative officer shall be under the direct authority of the Board of Directors of the Arkansas Correctional School District. (2) Subject to the approval of the Board of Directors of the Arkansas Correctional School District, the chief administrative officer or superintendent of the district shall have supervisory authority over the employees of the district, including, but not limited to, assistant superintendents, principals, and teachers. Amended by Act 2021, No. 497,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 493,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 797, eff. 7/1/2019. Acts 1973, No. 279, §§ 1, 2; A.S.A. 1947, §§ 46-1301, 46-1302; Acts 2005, No. 496, § 1.

(a) Properties owned by the State of Arkansas and occupied by the various units of the Division of Correction and the Division of Community Correction are by this subchapter designated as a qualified school district to be known as the "Arkansas Correctional School District".

(b) (1) The district is created for the purpose of providing elementary, secondary, and career and technical education to qualified persons incarcerated in facilities of the Division of Correction and the Division of Community Correction or to persons supervised by the Division of Community Correction, including those on probation and parole or any type of post-prison release or transfer, irrespective of age. (2) (A) Career and technical education shall meet established industry needs. (B) The established industry needs shall be approved by the Board of Corrections after recommendations by: (i) The Division of Career and Technical Education for the Department of Education; and (ii) The Office of Skills Development for the Department of Commerce.

(1) The district is created for the purpose of providing elementary, secondary, and career and technical education to qualified persons incarcerated in facilities of the Division of Correction and the Division of Community Correction or to persons supervised by the Division of Community Correction, including those on probation and parole or any type of post-prison release or transfer, irrespective of age.

(2) (A) Career and technical education shall meet established industry needs. (B) The established industry needs shall be approved by the Board of Corrections after recommendations by: (i) The Division of Career and Technical Education for the Department of Education; and (ii) The Office of Skills Development for the Department of Commerce.

(A) Career and technical education shall meet established industry needs.

(B) The established industry needs shall be approved by the Board of Corrections after recommendations by: (i) The Division of Career and Technical Education for the Department of Education; and (ii) The Office of Skills Development for the Department of Commerce.

(i) The Division of Career and Technical Education for the Department of Education; and

(ii) The Office of Skills Development for the Department of Commerce.

(c) The Board of Corrections shall act as the Board of Directors of the Arkansas Correctional School District.

(d) (1) The district's chief administrative officer shall be under the direct authority of the Board of Directors of the Arkansas Correctional School District. (2) Subject to the approval of the Board of Directors of the Arkansas Correctional School District, the chief administrative officer or superintendent of the district shall have supervisory authority over the employees of the district, including, but not limited to, assistant superintendents, principals, and teachers.

(1) The district's chief administrative officer shall be under the direct authority of the Board of Directors of the Arkansas Correctional School District.

(2) Subject to the approval of the Board of Directors of the Arkansas Correctional School District, the chief administrative officer or superintendent of the district shall have supervisory authority over the employees of the district, including, but not limited to, assistant superintendents, principals, and teachers.

Amended by Act 2021, No. 497,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 493,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 797, eff. 7/1/2019.

Acts 1973, No. 279, §§ 1, 2; A.S.A. 1947, §§ 46-1301, 46-1302; Acts 2005, No. 496, § 1.
Ark. Code Ann. § 12-8-404 — AR Code / Title 12 / Chapter 8 / Subchapter 4 / Section 12-8-404
Sanctions
Status: in_force

(a) (1) Upon the completion of an inquiry, the Director of the Division of Arkansas State Police shall forward all information to the prosecuting attorney of the affected municipality, who will make the determination as to whether the municipality has abused its police power. (2) The prosecuting attorney shall have the power to issue the following sanctions: (A) Order that a municipality abusing police power cease patrolling any or all affected highways; or (B) Order that all or any part of future fines and court costs received from traffic law violations or misdemeanor cases where the location of the offense is an affected highway be paid over to a county fund for the maintenance and operation of the public schools located in the county in which the municipality is located. (b) Any violation of the sanction ordered under subdivision (a)(2)(A) of this section by any police officer shall constitute a Class A misdemeanor for each citation or summons issued or misdemeanor arrest made in violation of the prosecuting attorney's order. Amended by Act 2019, No. 910,§ 5800, eff. 7/1/2019. Acts 1995, No. 855, §§ 4, 5; 1997, No. 842, § 2; 2001, No. 1425, § 2; 2005, No. 1962, § 27.

(a) (1) Upon the completion of an inquiry, the Director of the Division of Arkansas State Police shall forward all information to the prosecuting attorney of the affected municipality, who will make the determination as to whether the municipality has abused its police power. (2) The prosecuting attorney shall have the power to issue the following sanctions: (A) Order that a municipality abusing police power cease patrolling any or all affected highways; or (B) Order that all or any part of future fines and court costs received from traffic law violations or misdemeanor cases where the location of the offense is an affected highway be paid over to a county fund for the maintenance and operation of the public schools located in the county in which the municipality is located.

(1) Upon the completion of an inquiry, the Director of the Division of Arkansas State Police shall forward all information to the prosecuting attorney of the affected municipality, who will make the determination as to whether the municipality has abused its police power.

(2) The prosecuting attorney shall have the power to issue the following sanctions: (A) Order that a municipality abusing police power cease patrolling any or all affected highways; or (B) Order that all or any part of future fines and court costs received from traffic law violations or misdemeanor cases where the location of the offense is an affected highway be paid over to a county fund for the maintenance and operation of the public schools located in the county in which the municipality is located.

(A) Order that a municipality abusing police power cease patrolling any or all affected highways; or

(B) Order that all or any part of future fines and court costs received from traffic law violations or misdemeanor cases where the location of the offense is an affected highway be paid over to a county fund for the maintenance and operation of the public schools located in the county in which the municipality is located.

(b) Any violation of the sanction ordered under subdivision (a)(2)(A) of this section by any police officer shall constitute a Class A misdemeanor for each citation or summons issued or misdemeanor arrest made in violation of the prosecuting attorney's order.

Amended by Act 2019, No. 910,§ 5800, eff. 7/1/2019.

Acts 1995, No. 855, §§ 4, 5; 1997, No. 842, § 2; 2001, No. 1425, § 2; 2005, No. 1962, § 27.
Ark. Code Ann. § 12-51-801 — AR Code / Title 12 / Chapter 51 / Subchapter 8 / Section 12-51-801
Other laws
Status: in_force

(a) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact. (b) All compacting states' laws conflicting with this compact are superseded to the extent of the conflict. Acts 2001, No. 253, § 1.

(a) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

(b) All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-18-502 — AR Code / Title 12 / Chapter 18 / Subchapter 5 / Section 12-18-502
Release and disclosure of data generally
Status: in_force

(a) (1) The Department of Human Services and the Department of Arkansas State Police shall not release data that would identify the person who made the report to the Child Abuse Hotline unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, upon request the information shall be disclosed to the prosecuting attorney or law enforcement. (b) (1) A person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her own attorney regarding the information in any notice provided by the Department of Human Services and the Department of Arkansas State Police. Amended by Act 2015, No. 1004,§ 6, eff. 7/22/2015. Acts 2009, No. 749, § 1.

(a) (1) The Department of Human Services and the Department of Arkansas State Police shall not release data that would identify the person who made the report to the Child Abuse Hotline unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, upon request the information shall be disclosed to the prosecuting attorney or law enforcement.

(1) The Department of Human Services and the Department of Arkansas State Police shall not release data that would identify the person who made the report to the Child Abuse Hotline unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report.

(2) However, upon request the information shall be disclosed to the prosecuting attorney or law enforcement.

(b) (1) A person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her own attorney regarding the information in any notice provided by the Department of Human Services and the Department of Arkansas State Police.

(1) A person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section.

(2) However, the person or agency is permitted to consult his or her own attorney regarding the information in any notice provided by the Department of Human Services and the Department of Arkansas State Police.

Amended by Act 2015, No. 1004,§ 6, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-41-110 — AR Code / Title 12 / Chapter 41 / Subchapter 1 / Section 12-41-110
Cost report for state inmates housed in local facilities
Status: in_force

(a) (1) The Association of Arkansas Counties shall compile and submit an annual report to the Legislative Council outlining all costs incurred, excluding construction costs, by local government units that house state inmates sentenced to the Division of Correction and the Division of Community Correction. (2) The annual report under subdivision (a)(1) of this section shall be a representative sample of all counties housing state inmates and shall be submitted no later than July 1 of the calendar year immediately following the reporting year. (b) The association in coordination with Arkansas Legislative Audit shall determine which counties shall be included in the sample and shall include a sufficient number of counties based upon varying population sizes and representing each congressional district to ensure a fair representation of costs incurred. (c) (1) Guidelines for preparing the annual report under subdivision (a)(1) of this section shall be developed by Arkansas Legislative Audit in coordination with the association. (2) Arkansas Legislative Audit shall test the accuracy of the information submitted in the routine audit of an applicable county. Added by Act 2023, No. 890,§ 36, eff. 7/1/2023.

(a) (1) The Association of Arkansas Counties shall compile and submit an annual report to the Legislative Council outlining all costs incurred, excluding construction costs, by local government units that house state inmates sentenced to the Division of Correction and the Division of Community Correction. (2) The annual report under subdivision (a)(1) of this section shall be a representative sample of all counties housing state inmates and shall be submitted no later than July 1 of the calendar year immediately following the reporting year.

(1) The Association of Arkansas Counties shall compile and submit an annual report to the Legislative Council outlining all costs incurred, excluding construction costs, by local government units that house state inmates sentenced to the Division of Correction and the Division of Community Correction.

(2) The annual report under subdivision (a)(1) of this section shall be a representative sample of all counties housing state inmates and shall be submitted no later than July 1 of the calendar year immediately following the reporting year.

(b) The association in coordination with Arkansas Legislative Audit shall determine which counties shall be included in the sample and shall include a sufficient number of counties based upon varying population sizes and representing each congressional district to ensure a fair representation of costs incurred.

(c) (1) Guidelines for preparing the annual report under subdivision (a)(1) of this section shall be developed by Arkansas Legislative Audit in coordination with the association. (2) Arkansas Legislative Audit shall test the accuracy of the information submitted in the routine audit of an applicable county.

(1) Guidelines for preparing the annual report under subdivision (a)(1) of this section shall be developed by Arkansas Legislative Audit in coordination with the association.

(2) Arkansas Legislative Audit shall test the accuracy of the information submitted in the routine audit of an applicable county.

Added by Act 2023, No. 890,§ 36, eff. 7/1/2023.
Ark. Code Ann. § 12-64-602 — AR Code / Title 12 / Chapter 64 / Subchapter 6 / Section 12-64-602
Maximum limits
Status: in_force

The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code. Acts 1969, No. 50, § 102; A.S.A. 1947, § 11-657.

The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.

Acts 1969, No. 50, § 102; A.S.A. 1947, § 11-657.
Ark. Code Ann. § 12-8-204 — AR Code / Title 12 / Chapter 8 / Subchapter 2 / Section 12-8-204
Tenure - Removal, suspension, or discharge
Status: in_force

(a) The members of the Division of Arkansas State Police shall hold their offices until and unless removed for cause. (b) Should the Director of the Division of Arkansas State Police deem it necessary to remove, suspend, discharge, demote, or transfer for disciplinary reasons any division officer, the director shall do so by written notice. (c) (1) Any division officer so removed, suspended, discharged, demoted, or transferred shall have the right of appeal to the Arkansas State Police Commission, provided that notice of the appeal shall be lodged with the commission within ten (10) days after notice to the officer of his or her discharge, removal, suspension, demotion, or disciplinary transfer. (2) When so filed, the appeal shall be heard and determined by the commission within a reasonable time from the date the appeal is filed with the commission. (d) (1) Provided the appeal is perfected within thirty (30) days from the date of the final order made by the commission, an appeal may be taken to the Pulaski County Circuit Court from any order of the commission discharging, removing, suspending, demoting, or transferring for disciplinary reasons any member of the division force. (2) The appeal shall be heard by the court without the introduction of any further testimony. Amended by Act 2019, No. 910,§ 5786, eff. 7/1/2019. Acts 1945, No. 231, § 6; 1981, No. 700, § 1; A.S.A. 1947, § 42-406; Acts 2001, No. 1697, § 12.

(a) The members of the Division of Arkansas State Police shall hold their offices until and unless removed for cause.

(b) Should the Director of the Division of Arkansas State Police deem it necessary to remove, suspend, discharge, demote, or transfer for disciplinary reasons any division officer, the director shall do so by written notice.

(c) (1) Any division officer so removed, suspended, discharged, demoted, or transferred shall have the right of appeal to the Arkansas State Police Commission, provided that notice of the appeal shall be lodged with the commission within ten (10) days after notice to the officer of his or her discharge, removal, suspension, demotion, or disciplinary transfer. (2) When so filed, the appeal shall be heard and determined by the commission within a reasonable time from the date the appeal is filed with the commission.

(1) Any division officer so removed, suspended, discharged, demoted, or transferred shall have the right of appeal to the Arkansas State Police Commission, provided that notice of the appeal shall be lodged with the commission within ten (10) days after notice to the officer of his or her discharge, removal, suspension, demotion, or disciplinary transfer.

(2) When so filed, the appeal shall be heard and determined by the commission within a reasonable time from the date the appeal is filed with the commission.

(d) (1) Provided the appeal is perfected within thirty (30) days from the date of the final order made by the commission, an appeal may be taken to the Pulaski County Circuit Court from any order of the commission discharging, removing, suspending, demoting, or transferring for disciplinary reasons any member of the division force. (2) The appeal shall be heard by the court without the introduction of any further testimony.

(1) Provided the appeal is perfected within thirty (30) days from the date of the final order made by the commission, an appeal may be taken to the Pulaski County Circuit Court from any order of the commission discharging, removing, suspending, demoting, or transferring for disciplinary reasons any member of the division force.

(2) The appeal shall be heard by the court without the introduction of any further testimony.

Amended by Act 2019, No. 910,§ 5786, eff. 7/1/2019.

Acts 1945, No. 231, § 6; 1981, No. 700, § 1; A.S.A. 1947, § 42-406; Acts 2001, No. 1697, § 12.
Ark. Code Ann. § 12-27-133 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-133
Community Correction Revolving Fund
Status: in_force

There is created and established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Community Correction Revolving Fund", which shall consist of those special revenues as specified in § 19-6-301(31) and fees and sanctions levied by the courts or authorized by the Board of Corrections for participation in specified programs to be paid by offenders on community correction, there to be used for continuation and expansion of community correction programs as established and approved by the board and as may be provided by law. Acts 1993, No. 953, § 5.

There is created and established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Community Correction Revolving Fund", which shall consist of those special revenues as specified in § 19-6-301(31) and fees and sanctions levied by the courts or authorized by the Board of Corrections for participation in specified programs to be paid by offenders on community correction, there to be used for continuation and expansion of community correction programs as established and approved by the board and as may be provided by law.

Acts 1993, No. 953, § 5.
Ark. Code Ann. § 12-18-605 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-605
Investigative interviews
Status: in_force

(a) An investigation of child maltreatment or suspected child maltreatment under this chapter shall include interviews with: (1) The child as provided under § 12-18-608 ; (2) The parents, both custodial and noncustodial; (3) If neither parent is the alleged offender, the alleged offender; (4) Current or past healthcare providers when the allegation of child maltreatment was reported by a healthcare provider; and (5) Any other relevant persons. (b) If, after exercising reasonable diligence in conducting any or all interviews, the subjects of the interviews cannot be located or are unable to communicate, the efforts to conduct the interviews shall be documented and the investigation shall proceed under this chapter. Amended by Act 2015, No. 1123,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 12, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) An investigation of child maltreatment or suspected child maltreatment under this chapter shall include interviews with: (1) The child as provided under § 12-18-608 ; (2) The parents, both custodial and noncustodial; (3) If neither parent is the alleged offender, the alleged offender; (4) Current or past healthcare providers when the allegation of child maltreatment was reported by a healthcare provider; and (5) Any other relevant persons.

(1) The child as provided under § 12-18-608 ;

(2) The parents, both custodial and noncustodial;

(3) If neither parent is the alleged offender, the alleged offender;

(4) Current or past healthcare providers when the allegation of child maltreatment was reported by a healthcare provider; and

(5) Any other relevant persons.

(b) If, after exercising reasonable diligence in conducting any or all interviews, the subjects of the interviews cannot be located or are unable to communicate, the efforts to conduct the interviews shall be documented and the investigation shall proceed under this chapter.

Amended by Act 2015, No. 1123,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 12, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-18-1010 — AR Code / Title 12 / Chapter 18 / Subchapter 10 / Section 12-18-1010
When a child maltreatment investigation is determined to be true or true but exempted
Status: in_force

(a) If an investigation under this chapter is determined to be true or true but exempted under § 12-18-702(2)(C) , the Department of Human Services may open a protective services case. (b) (1) If the department opens a protective services case, it shall provide services to the family in an effort to prevent additional maltreatment to the child or the removal of the child from the home. (2) The services shall be relevant to the needs of the family. (c) If at any time during the protective services case the department determines that the child cannot safely remain at home, it shall take steps to remove the child under custody as outlined in this chapter or under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. (d) Upon request, the department shall be provided at no cost a copy of the child's public and private school records if the department has an open protective services case. (e) Upon request, the department shall be provided a copy of the results of radiology procedures, videotapes, photographs, or medical records on a child if the department has an open protective services case. Acts 2009, No. 749, § 1; 2011, No. 1143, § 26.

(a) If an investigation under this chapter is determined to be true or true but exempted under § 12-18-702(2)(C) , the Department of Human Services may open a protective services case.

(b) (1) If the department opens a protective services case, it shall provide services to the family in an effort to prevent additional maltreatment to the child or the removal of the child from the home. (2) The services shall be relevant to the needs of the family.

(1) If the department opens a protective services case, it shall provide services to the family in an effort to prevent additional maltreatment to the child or the removal of the child from the home.

(2) The services shall be relevant to the needs of the family.

(c) If at any time during the protective services case the department determines that the child cannot safely remain at home, it shall take steps to remove the child under custody as outlined in this chapter or under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(d) Upon request, the department shall be provided at no cost a copy of the child's public and private school records if the department has an open protective services case.

(e) Upon request, the department shall be provided a copy of the results of radiology procedures, videotapes, photographs, or medical records on a child if the department has an open protective services case.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 26.
Ark. Code Ann. § 12-61-127 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-127
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5534, eff. 7/1/2019. Acts 1995, No. 639, § 18; 1997, No. 821, § 22.

Repealed by Act 2019, No. 910,§ 5534, eff. 7/1/2019.

Acts 1995, No. 639, § 18; 1997, No. 821, § 22.
Ark. Code Ann. § 12-8-405 — AR Code / Title 12 / Chapter 8 / Subchapter 4 / Section 12-8-405
Required audit inquiry
Status: in_force

An audit of an affected municipality under § 10-4-412 or § 14-58-101 shall include an inquiry to determine whether the affected municipality is potentially abusing police power. Added by Act 2019, No. 364,§ 3, eff. 7/24/2019.

An audit of an affected municipality under § 10-4-412 or § 14-58-101 shall include an inquiry to determine whether the affected municipality is potentially abusing police power.

Added by Act 2019, No. 364,§ 3, eff. 7/24/2019.
Ark. Code Ann. § 12-61-301 — AR Code / Title 12 / Chapter 61 / Subchapter 3 / Section 12-61-301
Authority for calling
Status: in_force

The Arkansas State Defense Force may be called to active duty at the discretion of the Governor, when any part of the Arkansas National Guard shall have been called or ordered into federal service, or in any other emergency when the Governor shall deem it necessary to supplement the Arkansas National Guard. Acts 1969, No. 50, § 40; 1985, No. 670, § 5; A.S.A. 1947, § 11-501; Acts 1989, No. 283, § 1.

The Arkansas State Defense Force may be called to active duty at the discretion of the Governor, when any part of the Arkansas National Guard shall have been called or ordered into federal service, or in any other emergency when the Governor shall deem it necessary to supplement the Arkansas National Guard.

Acts 1969, No. 50, § 40; 1985, No. 670, § 5; A.S.A. 1947, § 11-501; Acts 1989, No. 283, § 1.
Ark. Code Ann. § 12-41-102 — AR Code / Title 12 / Chapter 41 / Subchapter 1 / Section 12-41-102
Good time - Classification of inmates
Status: in_force

(a) There is established a classification committee consisting of such persons as the county sheriff or chief of police may designate. (b) The committee shall meet as often as necessary to classify the inmates of the county jail or city jail into one (1) of three (3) classes according to behavior, good discipline, and job responsibility. (c) (1) Inmates in Class I shall be allowed to earn a one-day reduction for each day served. (2) Inmates in Class II shall be allowed to earn a ten-days' reduction for each month served. (3) Inmates in Class III shall not be entitled to earn meritorious good time. (d) Inmates of the county jail or city jail may be reclassified as often as the committee deems necessary to carry out the purposes of this subchapter and to maintain good discipline and efficiency at the county or city jail. Amended by Act 2015, No. 738,§ 2, eff. 7/22/2015. Acts 1979, No. 639, § 4; A.S.A. 1947, § 46-427.

(a) There is established a classification committee consisting of such persons as the county sheriff or chief of police may designate.

(b) The committee shall meet as often as necessary to classify the inmates of the county jail or city jail into one (1) of three (3) classes according to behavior, good discipline, and job responsibility.

(c) (1) Inmates in Class I shall be allowed to earn a one-day reduction for each day served. (2) Inmates in Class II shall be allowed to earn a ten-days' reduction for each month served. (3) Inmates in Class III shall not be entitled to earn meritorious good time.

(1) Inmates in Class I shall be allowed to earn a one-day reduction for each day served.

(2) Inmates in Class II shall be allowed to earn a ten-days' reduction for each month served.

(3) Inmates in Class III shall not be entitled to earn meritorious good time.

(d) Inmates of the county jail or city jail may be reclassified as often as the committee deems necessary to carry out the purposes of this subchapter and to maintain good discipline and efficiency at the county or city jail.

Amended by Act 2015, No. 738,§ 2, eff. 7/22/2015.

Acts 1979, No. 639, § 4; A.S.A. 1947, § 46-427.
Ark. Code Ann. § 12-64-822 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-822
Unlawful detention of another
Status: in_force

Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct. Acts 1969, No. 50, § 140; A.S.A. 1947, § 11-722.

Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 140; A.S.A. 1947, § 11-722.
Ark. Code Ann. § 12-41-707 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-707
Bonds - Contract between parties - Enforcement
Status: in_force

(a) Together with this subchapter and the ordinance or resolution of the quorum court or the governing body of the municipality or public instrumentality acting pursuant to this subchapter, each authorizing resolution or trust indenture shall constitute a contract by and between the county jail board, municipal jail board, or public instrumentality jail board and the holders and registered owners of the bonds issued pursuant to this subchapter. (b) The contract and all covenants, agreements, and obligations therein shall be properly performed in strict accordance with the terms and provisions thereof. (c) The covenants, agreements, and obligations of the bonds may be enforced by mandamus or other appropriate proceedings at law or in equity. Acts 1983, No. 918, § 13; A.S.A. 1947, § 46-459; Acts 2003, No. 1772, § 1.

(a) Together with this subchapter and the ordinance or resolution of the quorum court or the governing body of the municipality or public instrumentality acting pursuant to this subchapter, each authorizing resolution or trust indenture shall constitute a contract by and between the county jail board, municipal jail board, or public instrumentality jail board and the holders and registered owners of the bonds issued pursuant to this subchapter.

(b) The contract and all covenants, agreements, and obligations therein shall be properly performed in strict accordance with the terms and provisions thereof.

(c) The covenants, agreements, and obligations of the bonds may be enforced by mandamus or other appropriate proceedings at law or in equity.

Acts 1983, No. 918, § 13; A.S.A. 1947, § 46-459; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-29-119 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-119
Inmate telephone calls
Status: in_force

For an inmate making an intrastate telephone call from a Division of Correction facility or Division of Community Correction facility: (1) The cost per minute shall not be more than the maximum cost per minute of an interstate inmate telephone call as determined by the Federal Communications Commission as of January 1, 2021; and (2) Ancillary service charges shall not be permitted except an ancillary service charge of a type and up to an amount authorized by the Federal Communications Commission for an interstate inmate telephone call as of January 1, 2021. Added by Act 2021, No. 702,§ 1, eff. 7/28/2021.

For an inmate making an intrastate telephone call from a Division of Correction facility or Division of Community Correction facility:

(1) The cost per minute shall not be more than the maximum cost per minute of an interstate inmate telephone call as determined by the Federal Communications Commission as of January 1, 2021; and

(2) Ancillary service charges shall not be permitted except an ancillary service charge of a type and up to an amount authorized by the Federal Communications Commission for an interstate inmate telephone call as of January 1, 2021.

Added by Act 2021, No. 702,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 12-18-607 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-607
When alleged offender is neither family member nor fictive kin and not living in home with alleged victim
Status: in_force

If the alleged offender is not a family member or fictive kin living in the home with the alleged victim, the investigation under this chapter shall seek to ascertain: (1) The existence, cause, nature, and extent of child maltreatment; (2) The identity of the person responsible for the child maltreatment; (3) The existence and extent of previous child maltreatment perpetrated by the alleged offender; (4) If the report is determined to be true, the names and conditions of any children of the alleged offender and whether these children have been maltreated or are at risk of child maltreatment unless the investigating agency has determined that there is no indication of risk to the children; (5) If the report is determined to be true and is a report of sexual abuse, sexual contact, or sexual exploitation, an assessment of any other children previously or currently under the care of the alleged offender, to the extent practical, and whether these children have been maltreated or are at risk of maltreatment unless the investigating agency has determined that there is no indication of risk to the children; and (6) All other pertinent and relevant data. Amended by Act 2021, No. 472,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 881,§ 4, eff. 7/24/2019. Amended by Act 2015, No. 1026,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 13, eff. 8/16/2013. Acts 2009, No. 749, § 1.

If the alleged offender is not a family member or fictive kin living in the home with the alleged victim, the investigation under this chapter shall seek to ascertain:

(1) The existence, cause, nature, and extent of child maltreatment;

(2) The identity of the person responsible for the child maltreatment;

(3) The existence and extent of previous child maltreatment perpetrated by the alleged offender;

(4) If the report is determined to be true, the names and conditions of any children of the alleged offender and whether these children have been maltreated or are at risk of child maltreatment unless the investigating agency has determined that there is no indication of risk to the children;

(5) If the report is determined to be true and is a report of sexual abuse, sexual contact, or sexual exploitation, an assessment of any other children previously or currently under the care of the alleged offender, to the extent practical, and whether these children have been maltreated or are at risk of maltreatment unless the investigating agency has determined that there is no indication of risk to the children; and

(6) All other pertinent and relevant data.

Amended by Act 2021, No. 472,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 881,§ 4, eff. 7/24/2019.

Amended by Act 2015, No. 1026,§ 6, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 13, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-50-111 — AR Code / Title 12 / Chapter 50 / Section 12-50-111
Private correctional facilities
Status: in_force

(a) (1) No private correctional facility in which inmates committed to the Division of Correction, out-of-state inmates, or federal inmates are to be housed shall be constructed nor shall any facility be renovated for the purpose of creating a private correctional facility in which inmates committed to the division, out-of-state inmates, or federal inmates are to be housed within the state without review and approval by the Board of Corrections and review and approval by the Legislative Council. (2) Review of requests for construction at a minimum shall include: (A) Consideration of the location, design, security level, and financing of the facility; and (B) The nature of the inmates to be housed in the facility. (b) (1) Except as provided in subsection (e) of this section, no facility located within this state, except a facility operated by the United States Bureau of Prisons, may house out-of-state or federal inmates without approval of the board. (2) Review of requests to house such inmates may include, among other factors, consideration of the design and security level of the facility and the nature of the inmates to be housed in the facility. (3) Approval must be obtained at least annually. (c) (1) (A) Except as provided in subsection (e) of this section, no facility located within this state, except a facility operated by the United States Bureau of Prisons, may house out-of-state or federal inmates unless the board has certified that the state does not need some or all of the capacity of the facility for state inmates. (B) Such certification shall be obtained at least annually. (2) The board shall also certify the custody levels of any facility housing out-of-state or federal inmates. (d) The board, in its discretion, may declare an emergency and waive the provisions of subsection (a) of this section to make use of available space for housing state inmates. (e) Subsections (b) and (c) of this section shall not be construed to prohibit the temporary detention in this state of any out-of-state or federal inmate transported to this state for the purpose of appearing in court or any suspected alien detained by authority of the United States Department of Homeland Security, nor shall subsections (b) and (c) of this section be construed to alter or affect the operation of any interstate compact or agreement between this state or any other state or the United States Government regarding the detention and housing of inmates. Amended by Act 2019, No. 910,§ 843, eff. 7/1/2019. Acts 1999, No. 380, § 1.

(a) (1) No private correctional facility in which inmates committed to the Division of Correction, out-of-state inmates, or federal inmates are to be housed shall be constructed nor shall any facility be renovated for the purpose of creating a private correctional facility in which inmates committed to the division, out-of-state inmates, or federal inmates are to be housed within the state without review and approval by the Board of Corrections and review and approval by the Legislative Council. (2) Review of requests for construction at a minimum shall include: (A) Consideration of the location, design, security level, and financing of the facility; and (B) The nature of the inmates to be housed in the facility.

(1) No private correctional facility in which inmates committed to the Division of Correction, out-of-state inmates, or federal inmates are to be housed shall be constructed nor shall any facility be renovated for the purpose of creating a private correctional facility in which inmates committed to the division, out-of-state inmates, or federal inmates are to be housed within the state without review and approval by the Board of Corrections and review and approval by the Legislative Council.

(2) Review of requests for construction at a minimum shall include: (A) Consideration of the location, design, security level, and financing of the facility; and (B) The nature of the inmates to be housed in the facility.

(A) Consideration of the location, design, security level, and financing of the facility; and

(B) The nature of the inmates to be housed in the facility.

(b) (1) Except as provided in subsection (e) of this section, no facility located within this state, except a facility operated by the United States Bureau of Prisons, may house out-of-state or federal inmates without approval of the board. (2) Review of requests to house such inmates may include, among other factors, consideration of the design and security level of the facility and the nature of the inmates to be housed in the facility. (3) Approval must be obtained at least annually.

(1) Except as provided in subsection (e) of this section, no facility located within this state, except a facility operated by the United States Bureau of Prisons, may house out-of-state or federal inmates without approval of the board.

(2) Review of requests to house such inmates may include, among other factors, consideration of the design and security level of the facility and the nature of the inmates to be housed in the facility.

(3) Approval must be obtained at least annually.

(c) (1) (A) Except as provided in subsection (e) of this section, no facility located within this state, except a facility operated by the United States Bureau of Prisons, may house out-of-state or federal inmates unless the board has certified that the state does not need some or all of the capacity of the facility for state inmates. (B) Such certification shall be obtained at least annually. (2) The board shall also certify the custody levels of any facility housing out-of-state or federal inmates.

(1) (A) Except as provided in subsection (e) of this section, no facility located within this state, except a facility operated by the United States Bureau of Prisons, may house out-of-state or federal inmates unless the board has certified that the state does not need some or all of the capacity of the facility for state inmates. (B) Such certification shall be obtained at least annually.

(A) Except as provided in subsection (e) of this section, no facility located within this state, except a facility operated by the United States Bureau of Prisons, may house out-of-state or federal inmates unless the board has certified that the state does not need some or all of the capacity of the facility for state inmates.

(B) Such certification shall be obtained at least annually.

(2) The board shall also certify the custody levels of any facility housing out-of-state or federal inmates.

(d) The board, in its discretion, may declare an emergency and waive the provisions of subsection (a) of this section to make use of available space for housing state inmates.

(e) Subsections (b) and (c) of this section shall not be construed to prohibit the temporary detention in this state of any out-of-state or federal inmate transported to this state for the purpose of appearing in court or any suspected alien detained by authority of the United States Department of Homeland Security, nor shall subsections (b) and (c) of this section be construed to alter or affect the operation of any interstate compact or agreement between this state or any other state or the United States Government regarding the detention and housing of inmates.

Amended by Act 2019, No. 910,§ 843, eff. 7/1/2019.

Acts 1999, No. 380, § 1.
Ark. Code Ann. § 12-41-607 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-607
Bonds - Authorizing resolution
Status: in_force

(a) The bonds shall be authorized by resolution of the county jail board. (b) The authorizing resolution may contain any terms, covenants, and conditions that are deemed necessary or desirable by the board, including without limitation, those pertaining to: (1) The creation and maintenance of various funds and reserves; (2) The nature and extent of the security; (3) The issuance of additional series of bonds and the priority of lien and pledge in that event; and (4) The rights, duties, and obligations of the board and of the holders and registered owners of the bonds, all as the board shall determine. (c) The authorizing resolution may provide for the execution of a trust indenture, with a bank or trust company located within or without the State of Arkansas, containing the terms, covenants, and conditions authorized by this subchapter. Acts 1981, No. 879, § 6; A.S.A. 1947, § 46-434.

(a) The bonds shall be authorized by resolution of the county jail board.

(b) The authorizing resolution may contain any terms, covenants, and conditions that are deemed necessary or desirable by the board, including without limitation, those pertaining to: (1) The creation and maintenance of various funds and reserves; (2) The nature and extent of the security; (3) The issuance of additional series of bonds and the priority of lien and pledge in that event; and (4) The rights, duties, and obligations of the board and of the holders and registered owners of the bonds, all as the board shall determine.

(1) The creation and maintenance of various funds and reserves;

(2) The nature and extent of the security;

(3) The issuance of additional series of bonds and the priority of lien and pledge in that event; and

(4) The rights, duties, and obligations of the board and of the holders and registered owners of the bonds, all as the board shall determine.

(c) The authorizing resolution may provide for the execution of a trust indenture, with a bank or trust company located within or without the State of Arkansas, containing the terms, covenants, and conditions authorized by this subchapter.

Acts 1981, No. 879, § 6; A.S.A. 1947, § 46-434.
Ark. Code Ann. § 12-30-103 — AR Code / Title 12 / Chapter 30 / Subchapter 1 / Section 12-30-103
Workcraft program
Status: in_force

(a) The Division of Correction and the Division of Community Correction are authorized to operate a workcraft program that offers instruction and training for their inmates, thereby helping prepare them for employment after incarceration. (b) The Board of Corrections is authorized to establish rules for operating the workcraft program, which shall include, but not be limited to, the following: (1) Acquisition of necessary machinery, materials, and equipment; (2) Establishment of procedures for public sale of inmate-produced craft; (3) Inmate eligibility for participation in the workcraft program; and (4) Establishment of a workcraft program revolving fund. Amended by Act 2019, No. 315,§ 905, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 814, eff. 7/1/2019. Acts 1975, No. 702, § 1; A.S.A. 1947, § 46-248; Acts 1995, No. 205, § 1; 1995, No. 292, § 1.

(a) The Division of Correction and the Division of Community Correction are authorized to operate a workcraft program that offers instruction and training for their inmates, thereby helping prepare them for employment after incarceration.

(b) The Board of Corrections is authorized to establish rules for operating the workcraft program, which shall include, but not be limited to, the following: (1) Acquisition of necessary machinery, materials, and equipment; (2) Establishment of procedures for public sale of inmate-produced craft; (3) Inmate eligibility for participation in the workcraft program; and (4) Establishment of a workcraft program revolving fund.

(1) Acquisition of necessary machinery, materials, and equipment;

(2) Establishment of procedures for public sale of inmate-produced craft;

(3) Inmate eligibility for participation in the workcraft program; and

(4) Establishment of a workcraft program revolving fund.

Amended by Act 2019, No. 315,§ 905, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 814, eff. 7/1/2019.

Acts 1975, No. 702, § 1; A.S.A. 1947, § 46-248; Acts 1995, No. 205, § 1; 1995, No. 292, § 1.
Ark. Code Ann. § 12-18-1108 — AR Code / Title 12 / Chapter 18 / Subchapter 11 / Section 12-18-1108
Information not to be released regarding the near fatality of a child
Status: in_force

Concerning the near fatality of a child, the Department of Human Services shall not release: (1) Information on siblings of the child; (2) Attorney-client communications; or (3) Any information if release of such information would jeopardize a criminal investigation. Acts 2009, No. 675, § 1; 2011, No. 779, § 21.

Concerning the near fatality of a child, the Department of Human Services shall not release:

(1) Information on siblings of the child;

(2) Attorney-client communications; or

(3) Any information if release of such information would jeopardize a criminal investigation.

Acts 2009, No. 675, § 1; 2011, No. 779, § 21.
Ark. Code Ann. § 12-75-133 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-133
Position transfer
Status: in_force

Upon approval of the Chief Fiscal Officer of the State, the Arkansas Department of Emergency Management may transfer positions between appropriations as may be required: (1) If a disaster occurs that results in a presidential disaster proclamation; or (2) When an employee occupies one (1) position that is to be paid from two (2) or more appropriations during a single fiscal year. Acts 2009, No. 165, § 57.

Upon approval of the Chief Fiscal Officer of the State, the Arkansas Department of Emergency Management may transfer positions between appropriations as may be required:

(1) If a disaster occurs that results in a presidential disaster proclamation; or

(2) When an employee occupies one (1) position that is to be paid from two (2) or more appropriations during a single fiscal year.

Acts 2009, No. 165, § 57.
Ark. Code Ann. § 12-11-110 — AR Code / Title 12 / Chapter 11 / Section 12-11-110
[Repealed]
Status: repealed

Repealed by Act 2017, No. 423,§ 8, eff. 8/1/2017. Crim. Code, §§ 383-385, 387; C. & M. Dig., §§ 3353-3357; Pope's Dig., §§ 4201-4205; A.S.A. 1947, §§ 42-227 -- 42-230; Acts 2011, No. 779, § 5.

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

Crim. Code, §§ 383-385, 387; C. & M. Dig., §§ 3353-3357; Pope's Dig., §§ 4201-4205; A.S.A. 1947, §§ 42-227 -- 42-230; Acts 2011, No. 779, § 5.
Ark. Code Ann. § 12-10-301 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Public Safety Communications and Next Generation 911 Act of 2019". Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 1; A.S.A. 1947, § 73-1822.

This subchapter shall be known and may be cited as the "Arkansas Public Safety Communications and Next Generation 911 Act of 2019".

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

Acts 1985, No. 683, § 1; A.S.A. 1947, § 73-1822.
Ark. Code Ann. § 12-12-1802 — AR Code / Title 12 / Chapter 12 / Subchapter 18 / Section 12-12-1802
Definitions
Status: in_force

As used in this subchapter: (1) "Alert" means data held by the Office of Motor Vehicle, the Arkansas Crime Information Center including without limitation the Arkansas Crime Information Center's Missing Persons Information Clearinghouse, the National Crime Information Center, and the Federal Bureau of Investigation Kidnappings and Missing Persons database; (2) "Automatic license plate reader system" means a system of one (1) or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert images of license plates into computer-readable data; (3) (A) "Captured plate data" means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from any automatic license plate reader system. (B) Captured plate data shall not include any personal data; (4) "Governmental entity" means a lawfully created branch, department, or agency of the federal, state, or local government; and (5) "Secured area" means an area, enclosed by clear boundaries, to which access is limited and not open to the public, and entry is obtainable only through specific access-control points. Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Alert" means data held by the Office of Motor Vehicle, the Arkansas Crime Information Center including without limitation the Arkansas Crime Information Center's Missing Persons Information Clearinghouse, the National Crime Information Center, and the Federal Bureau of Investigation Kidnappings and Missing Persons database;

(2) "Automatic license plate reader system" means a system of one (1) or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert images of license plates into computer-readable data;

(3) (A) "Captured plate data" means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from any automatic license plate reader system. (B) Captured plate data shall not include any personal data;

(A) "Captured plate data" means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from any automatic license plate reader system.

(B) Captured plate data shall not include any personal data;

(4) "Governmental entity" means a lawfully created branch, department, or agency of the federal, state, or local government; and

(5) "Secured area" means an area, enclosed by clear boundaries, to which access is limited and not open to the public, and entry is obtainable only through specific access-control points.

Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 12-61-109 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-109
Adjutant General - Delegation of authority
Status: in_force

The Adjutant General may designate by order any deputy adjutant general to act as the Adjutant General in the absence of the latter from his or her office or in case of his or her inability to perform the duties of his or her office. In the event of the inability of any deputy adjutant general to perform the duties of the Adjutant General, then the Adjutant General may appoint by order any qualified Army or Air Guard officer in the grade of colonel or above. Acts 1969, No. 50, § 13; A.S.A. 1947, § 11-113; Acts 1989, No. 179, § 1; 1991, No. 510, § 2.

The Adjutant General may designate by order any deputy adjutant general to act as the Adjutant General in the absence of the latter from his or her office or in case of his or her inability to perform the duties of his or her office. In the event of the inability of any deputy adjutant general to perform the duties of the Adjutant General, then the Adjutant General may appoint by order any qualified Army or Air Guard officer in the grade of colonel or above.

Acts 1969, No. 50, § 13; A.S.A. 1947, § 11-113; Acts 1989, No. 179, § 1; 1991, No. 510, § 2.
Ark. Code Ann. § 12-12-916 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-916
Publication and notice of obligation to register
Status: in_force

The Office of Driver Services of the Department of Finance and Administration shall provide notice of the obligation to register pursuant to this subchapter in connection with each driver's license issued pursuant to § 27-16-801 and each identification card issued pursuant to § 27-16-805 . Acts 1997, No. 989, § 16.

The Office of Driver Services of the Department of Finance and Administration shall provide notice of the obligation to register pursuant to this subchapter in connection with each driver's license issued pursuant to § 27-16-801 and each identification card issued pursuant to § 27-16-805 .

Acts 1997, No. 989, § 16.
Ark. Code Ann. § 12-13-305 — AR Code / Title 12 / Chapter 13 / Subchapter 3 / Section 12-13-305
Enforcement
Status: in_force

(a) No person shall knowingly refuse to provide authorized agencies with relevant information pursuant to this subchapter. (b) No person shall fail to hold in confidence information required to be held in confidence by this subchapter. (c) Whoever violates this section is guilty of a Class A misdemeanor. Acts 1981, No. 123, § 5; A.S.A. 1947, § 66-5605.

(a) No person shall knowingly refuse to provide authorized agencies with relevant information pursuant to this subchapter.

(b) No person shall fail to hold in confidence information required to be held in confidence by this subchapter.

(c) Whoever violates this section is guilty of a Class A misdemeanor.

Acts 1981, No. 123, § 5; A.S.A. 1947, § 66-5605.
Ark. Code Ann. § 12-12-801 — AR Code / Title 12 / Chapter 12 / Subchapter 8 / Section 12-12-801
Report of missing child - Notation on records
Status: in_force

(a) When either a law enforcement officer or the Attorney General is notified by the parents, guardian, or other person having custody of a child that the child is missing, the law enforcement officer or the Attorney General shall: (1) Ensure that the missing child information is entered into the Missing Persons Information Clearinghouse within the Arkansas Crime Information Center under § 12-12-205 and the National Crime Information Center; and (2) Within five (5) business days after being notified by the parents, guardian, or other person having custody of the child, inform by certified mail, return receipt requested, the Division of Vital Records of the Department of Health and the superintendent or school administrator of the school where the child was attending that the child has been reported as missing. (b) The division shall enter on or attach to the child's birth certificate a notice that the child has been reported missing. The school the child was attending shall make or attach the same notation on the child's school records. Acts 1987, No. 164, § 1; 1993, No. 116, § 1; 2011, No. 598, § 1.

(a) When either a law enforcement officer or the Attorney General is notified by the parents, guardian, or other person having custody of a child that the child is missing, the law enforcement officer or the Attorney General shall: (1) Ensure that the missing child information is entered into the Missing Persons Information Clearinghouse within the Arkansas Crime Information Center under § 12-12-205 and the National Crime Information Center; and (2) Within five (5) business days after being notified by the parents, guardian, or other person having custody of the child, inform by certified mail, return receipt requested, the Division of Vital Records of the Department of Health and the superintendent or school administrator of the school where the child was attending that the child has been reported as missing.

(1) Ensure that the missing child information is entered into the Missing Persons Information Clearinghouse within the Arkansas Crime Information Center under § 12-12-205 and the National Crime Information Center; and

(2) Within five (5) business days after being notified by the parents, guardian, or other person having custody of the child, inform by certified mail, return receipt requested, the Division of Vital Records of the Department of Health and the superintendent or school administrator of the school where the child was attending that the child has been reported as missing.

(b) The division shall enter on or attach to the child's birth certificate a notice that the child has been reported missing. The school the child was attending shall make or attach the same notation on the child's school records.

Acts 1987, No. 164, § 1; 1993, No. 116, § 1; 2011, No. 598, § 1.
Ark. Code Ann. § 12-30-404 — AR Code / Title 12 / Chapter 30 / Subchapter 4 / Section 12-30-404
Inmates excepted from program
Status: in_force

(a) No person shall be allowed to participate in any work-release program conducted by or for the Division of Correction if convicted of: (1) A capital offense; (2) Murder in the first degree, § 5-10-102 ; (3) Rape, § 5-14-103 ; (4) Kidnapping, § 5-11-102 ; or (5) Aggravated robbery a second or subsequent time, § 5-12-103 . (b) However, this section shall not apply to persons participating in work-release programs on July 20, 1979. Amended by Act 2019, No. 910,§ 830, eff. 7/1/2019. Acts 1979, No. 399, § 1; A.S.A. 1947, § 46-117.1.

(a) No person shall be allowed to participate in any work-release program conducted by or for the Division of Correction if convicted of: (1) A capital offense; (2) Murder in the first degree, § 5-10-102 ; (3) Rape, § 5-14-103 ; (4) Kidnapping, § 5-11-102 ; or (5) Aggravated robbery a second or subsequent time, § 5-12-103 .

(1) A capital offense;

(2) Murder in the first degree, § 5-10-102 ;

(3) Rape, § 5-14-103 ;

(4) Kidnapping, § 5-11-102 ; or

(5) Aggravated robbery a second or subsequent time, § 5-12-103 .

(b) However, this section shall not apply to persons participating in work-release programs on July 20, 1979.

Amended by Act 2019, No. 910,§ 830, eff. 7/1/2019.

Acts 1979, No. 399, § 1; A.S.A. 1947, § 46-117.1.
Ark. Code Ann. § 12-18-815 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-815
Adjudication of allegations and risk
Status: in_force

(a) In an administrative hearing held under this chapter, an administrative law judge shall determine whether: (1) A preponderance of the evidence supports a finding that an allegation of child maltreatment is true; and (2) The Department of Human Services abused its discretion in determining that an offender may pose a risk of maltreatment to a vulnerable population that includes without limitation, children, the elderly, persons with a disability, and persons with a mental health illness. (b) An administrative law judge shall direct the name of an offender to be placed on the Child Maltreatment Central Registry if a preponderance of the evidence supports a finding that: (1) An allegation of child maltreatment is true; and (2) The department did not abuse its discretion in determining that the offender may pose a risk of maltreatment to a vulnerable population. Added by Act 2019, No. 802,§ 7, eff. 7/24/2019.

(a) In an administrative hearing held under this chapter, an administrative law judge shall determine whether: (1) A preponderance of the evidence supports a finding that an allegation of child maltreatment is true; and (2) The Department of Human Services abused its discretion in determining that an offender may pose a risk of maltreatment to a vulnerable population that includes without limitation, children, the elderly, persons with a disability, and persons with a mental health illness.

(1) A preponderance of the evidence supports a finding that an allegation of child maltreatment is true; and

(2) The Department of Human Services abused its discretion in determining that an offender may pose a risk of maltreatment to a vulnerable population that includes without limitation, children, the elderly, persons with a disability, and persons with a mental health illness.

(b) An administrative law judge shall direct the name of an offender to be placed on the Child Maltreatment Central Registry if a preponderance of the evidence supports a finding that: (1) An allegation of child maltreatment is true; and (2) The department did not abuse its discretion in determining that the offender may pose a risk of maltreatment to a vulnerable population.

(1) An allegation of child maltreatment is true; and

(2) The department did not abuse its discretion in determining that the offender may pose a risk of maltreatment to a vulnerable population.

Added by Act 2019, No. 802,§ 7, eff. 7/24/2019.
Ark. Code Ann. § 12-78-104 — AR Code / Title 12 / Chapter 78 / Section 12-78-104
Management of funds
Status: in_force

The Arkansas Department of Emergency Management shall ensure that a system to manage appropriated funds shall provide that: (1) Upon achieving operational status, the warning and communications shall be operated in accordance with the rules, regulations, and laws governing emergency warning and communications systems as promulgated by the Federal Communications Commission, Federal Emergency Management Agency, and the department; (2) Equipment shall be maintained in a continuing operational status by local offices of emergency management or the chief executive officer of the jurisdiction and by the responsible supervisor or manager of other recipients and the offices, jurisdictions, or agencies who shall provide supervision and training to those individuals designated to operate the equipment; and (3) Failure to maintain or operate the equipment in accordance with the minimum standards set forth in guidance by the department shall require repayment to the State Treasury that portion of the initial grant of state funds based upon a depreciation rate of fourteen percent (14%) per annum effective from the date of installation and acceptance. Acts 1991, No. 554, § 5; 1999, No. 646, § 43.

The Arkansas Department of Emergency Management shall ensure that a system to manage appropriated funds shall provide that:

(1) Upon achieving operational status, the warning and communications shall be operated in accordance with the rules, regulations, and laws governing emergency warning and communications systems as promulgated by the Federal Communications Commission, Federal Emergency Management Agency, and the department;

(2) Equipment shall be maintained in a continuing operational status by local offices of emergency management or the chief executive officer of the jurisdiction and by the responsible supervisor or manager of other recipients and the offices, jurisdictions, or agencies who shall provide supervision and training to those individuals designated to operate the equipment; and

(3) Failure to maintain or operate the equipment in accordance with the minimum standards set forth in guidance by the department shall require repayment to the State Treasury that portion of the initial grant of state funds based upon a depreciation rate of fourteen percent (14%) per annum effective from the date of installation and acceptance.

Acts 1991, No. 554, § 5; 1999, No. 646, § 43.
Ark. Code Ann. § 12-62-412 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-412
Molestation of guard while on duty - Penalty
Status: in_force

(a) Any person who interrupts, molests, or insults by abusive words or behavior, or obstructs any officer or soldier of the organized militia while on duty, either at parade, drill meeting for military improvement, or other military duty may be immediately put and kept under guard by the officer in command until the duty is concluded. (b) The officer may turn over such person to any peace officer of the city or place where the drill, parade, or meeting is being held, and the peace officer shall thereupon deliver the offender for examination and trial before any court having jurisdiction. (c) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction fined in any sum not less than fifty dollars ($50.00). Acts 1969, No. 50, § 192; A.S.A. 1947, § 11-1003.

(a) Any person who interrupts, molests, or insults by abusive words or behavior, or obstructs any officer or soldier of the organized militia while on duty, either at parade, drill meeting for military improvement, or other military duty may be immediately put and kept under guard by the officer in command until the duty is concluded.

(b) The officer may turn over such person to any peace officer of the city or place where the drill, parade, or meeting is being held, and the peace officer shall thereupon deliver the offender for examination and trial before any court having jurisdiction.

(c) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction fined in any sum not less than fifty dollars ($50.00).

Acts 1969, No. 50, § 192; A.S.A. 1947, § 11-1003.
Ark. Code Ann. § 12-27-140 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-140
Division of Community Correction annual report - Quarterly report of position vacancies
Status: in_force

(a) (1) On July 31 of each year, the Division of Community Correction shall submit an annual report to the Legislative Council showing the number of persons sentenced or transferred to the division during the fiscal year for each criminal offense classification. (2) Persons sentenced or transferred for multiple offenses shall be noted in the report. (b) The report shall include a breakdown by race of all persons charged in each criminal offense classification. (c) The division shall cooperate with and upon request make presentations and provide various reports, to the extent the division's budget will allow, to the Legislative Council concerning division policy and criteria on discretionary offender programs and services. (d) The division shall report quarterly to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, the: (1) Number of parole or probation officer positions currently vacant in the division; (2) Number of parole or probation assistant area manager positions currently vacant in the division; (3) Number of parole or probation area manager positions currently vacant in the division; and (4) Average case load being assigned to each parole or probation officer. Amended by Act 2023, No. 285,§ 15, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 762, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 761, eff. 7/1/2019. Acts 2003, No. 1031, § 4; 2005, No. 1962, § 47.

(a) (1) On July 31 of each year, the Division of Community Correction shall submit an annual report to the Legislative Council showing the number of persons sentenced or transferred to the division during the fiscal year for each criminal offense classification. (2) Persons sentenced or transferred for multiple offenses shall be noted in the report.

(1) On July 31 of each year, the Division of Community Correction shall submit an annual report to the Legislative Council showing the number of persons sentenced or transferred to the division during the fiscal year for each criminal offense classification.

(2) Persons sentenced or transferred for multiple offenses shall be noted in the report.

(b) The report shall include a breakdown by race of all persons charged in each criminal offense classification.

(c) The division shall cooperate with and upon request make presentations and provide various reports, to the extent the division's budget will allow, to the Legislative Council concerning division policy and criteria on discretionary offender programs and services.

(d) The division shall report quarterly to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, the: (1) Number of parole or probation officer positions currently vacant in the division; (2) Number of parole or probation assistant area manager positions currently vacant in the division; (3) Number of parole or probation area manager positions currently vacant in the division; and (4) Average case load being assigned to each parole or probation officer.

(1) Number of parole or probation officer positions currently vacant in the division;

(2) Number of parole or probation assistant area manager positions currently vacant in the division;

(3) Number of parole or probation area manager positions currently vacant in the division; and

(4) Average case load being assigned to each parole or probation officer.

Amended by Act 2023, No. 285,§ 15, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 762, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 761, eff. 7/1/2019.

Acts 2003, No. 1031, § 4; 2005, No. 1962, § 47.
Ark. Code Ann. § 12-61-204 — AR Code / Title 12 / Chapter 61 / Subchapter 2 / Section 12-61-204
Inactive National Guard
Status: in_force

The inactive National Guard shall consist of the persons commissioned, appointed, or enlisted therein on February 12, 1969, such officers and enlisted persons as may be thereafter transferred thereto from the Army National Guard and the Air National Guard, and such persons as may be commissioned or enlisted therein under the laws of the United States and the regulations thereunder. Acts 1969, No. 50, § 28; 1985, No. 670, § 3; A.S.A. 1947, § 11-208.

The inactive National Guard shall consist of the persons commissioned, appointed, or enlisted therein on February 12, 1969, such officers and enlisted persons as may be thereafter transferred thereto from the Army National Guard and the Air National Guard, and such persons as may be commissioned or enlisted therein under the laws of the United States and the regulations thereunder.

Acts 1969, No. 50, § 28; 1985, No. 670, § 3; A.S.A. 1947, § 11-208.
Ark. Code Ann. § 12-64-706 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-706
Error of law - Lesser included offense
Status: in_force

(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense. Acts 1969, No. 50, § 112; A.S.A. 1947, § 11-667.

(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

(b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.

Acts 1969, No. 50, § 112; A.S.A. 1947, § 11-667.
Ark. Code Ann. § 12-12-1603 — AR Code / Title 12 / Chapter 12 / Subchapter 16 / Section 12-12-1603
Definitions
Status: in_force

As used in this subchapter: (1) "Children" means individuals under sixteen (16) years of age; (2) "Conviction" means that an individual has been found guilty of or has pleaded guilty or nolo contendere to any offense by any court in the State of Arkansas or of any similar offense by a court in another state or a federal court regardless of whether the conviction has been sealed or expunged; (3) "Criminal history information" means a record compiled by the Arkansas Crime Information Center or the Identification Bureau of the Division of Arkansas State Police on an individual; (4) "Domestic abuse" means the same as defined in § 9-4-102 ; (5) "Elderly" means individuals sixty-five (65) years of age or older; (6) "Employee" means an individual currently in the service of an employer for full-time or part-time compensation and employed by contract or at will, in which the employer has the authority to control the individual in the material details of how work shall be performed and when compensation shall be provided; (7) "Individuals with disabilities" means individuals with mental illness or intellectual or other developmental disabilities or with physical or mental impairments that substantially limit one (1) or more of the major life activities of the individual; (8) "Volunteer" means an individual who provides services involving contact with children, the elderly, victims of domestic abuse, or individuals with disabilities without an express or implied promise of compensation; and (9) "Volunteer organization" means an individual, group of individuals, association, partnership, corporation, limited liability company or partnership, business, public school, school district, person or organization designated by a public school or school district to organize volunteers for the public school or school district, or other entity that has volunteers who provide services to children, the elderly, victims of domestic abuse, or individuals with disabilities. Amended by Act 2019, No. 1035,§ 9, eff. 7/24/2019. Amended by Act 2013, No. 575,§ 1, eff. 4/2/2013. Acts 2005, No. 1778, § 1; 2011, No. 779, § 12.

As used in this subchapter:

(1) "Children" means individuals under sixteen (16) years of age;

(2) "Conviction" means that an individual has been found guilty of or has pleaded guilty or nolo contendere to any offense by any court in the State of Arkansas or of any similar offense by a court in another state or a federal court regardless of whether the conviction has been sealed or expunged;

(3) "Criminal history information" means a record compiled by the Arkansas Crime Information Center or the Identification Bureau of the Division of Arkansas State Police on an individual;

(4) "Domestic abuse" means the same as defined in § 9-4-102 ;

(5) "Elderly" means individuals sixty-five (65) years of age or older;

(6) "Employee" means an individual currently in the service of an employer for full-time or part-time compensation and employed by contract or at will, in which the employer has the authority to control the individual in the material details of how work shall be performed and when compensation shall be provided;

(7) "Individuals with disabilities" means individuals with mental illness or intellectual or other developmental disabilities or with physical or mental impairments that substantially limit one (1) or more of the major life activities of the individual;

(8) "Volunteer" means an individual who provides services involving contact with children, the elderly, victims of domestic abuse, or individuals with disabilities without an express or implied promise of compensation; and

(9) "Volunteer organization" means an individual, group of individuals, association, partnership, corporation, limited liability company or partnership, business, public school, school district, person or organization designated by a public school or school district to organize volunteers for the public school or school district, or other entity that has volunteers who provide services to children, the elderly, victims of domestic abuse, or individuals with disabilities.

Amended by Act 2019, No. 1035,§ 9, eff. 7/24/2019.

Amended by Act 2013, No. 575,§ 1, eff. 4/2/2013.

Acts 2005, No. 1778, § 1; 2011, No. 779, § 12.
Ark. Code Ann. § 12-12-1607 — AR Code / Title 12 / Chapter 12 / Subchapter 16 / Section 12-12-1607
Background checks
Status: in_force

(a) (1) Upon receipt of a proper request from a volunteer organization, the Identification Bureau of the Department of Arkansas State Police shall conduct a background check through the Arkansas Crime Information Center. (2) (A) The Identification Bureau of the Department of Arkansas State Police shall provide the information obtained from the Arkansas background check to the volunteer organization. (B) The information shall include: (i) All pending Arkansas felony arrests; (ii) All Arkansas criminal convictions; and (iii) Whether the individual is a registered sex offender or required to register as a sex offender. (b) (1) Upon the completion of the Arkansas background check, the volunteer organization may request through the Identification Bureau of the Department of Arkansas State Police a national criminal background check through the Federal Bureau of Investigation. (2) The volunteer organization shall not be required to submit an additional application for the state and national criminal background check through the Federal Bureau of Investigation. (3) The national background check shall comply with federal standards in effect as of January 1, 2005, including, but not limited to, standards concerning the requirement of the submission of the fingerprints of the volunteer. (4) The Identification Bureau of the Department of Arkansas State Police shall not release the Federal Bureau of Investigation criminal history report to the volunteer organization but shall review the report and the criteria provided by the volunteer organization in its registration to obtain criminal background check information on volunteers and notify the volunteer organization whether the volunteer meets the qualifications for serving as a volunteer with the organization. (c) A volunteer organization shall consider all information received in response to a request for criminal background information confidential. Acts 2005, No. 1778, § 1.

(a) (1) Upon receipt of a proper request from a volunteer organization, the Identification Bureau of the Department of Arkansas State Police shall conduct a background check through the Arkansas Crime Information Center. (2) (A) The Identification Bureau of the Department of Arkansas State Police shall provide the information obtained from the Arkansas background check to the volunteer organization. (B) The information shall include: (i) All pending Arkansas felony arrests; (ii) All Arkansas criminal convictions; and (iii) Whether the individual is a registered sex offender or required to register as a sex offender.

(1) Upon receipt of a proper request from a volunteer organization, the Identification Bureau of the Department of Arkansas State Police shall conduct a background check through the Arkansas Crime Information Center.

(2) (A) The Identification Bureau of the Department of Arkansas State Police shall provide the information obtained from the Arkansas background check to the volunteer organization. (B) The information shall include: (i) All pending Arkansas felony arrests; (ii) All Arkansas criminal convictions; and (iii) Whether the individual is a registered sex offender or required to register as a sex offender.

(A) The Identification Bureau of the Department of Arkansas State Police shall provide the information obtained from the Arkansas background check to the volunteer organization.

(B) The information shall include: (i) All pending Arkansas felony arrests; (ii) All Arkansas criminal convictions; and (iii) Whether the individual is a registered sex offender or required to register as a sex offender.

(i) All pending Arkansas felony arrests;

(ii) All Arkansas criminal convictions; and

(iii) Whether the individual is a registered sex offender or required to register as a sex offender.

(b) (1) Upon the completion of the Arkansas background check, the volunteer organization may request through the Identification Bureau of the Department of Arkansas State Police a national criminal background check through the Federal Bureau of Investigation. (2) The volunteer organization shall not be required to submit an additional application for the state and national criminal background check through the Federal Bureau of Investigation. (3) The national background check shall comply with federal standards in effect as of January 1, 2005, including, but not limited to, standards concerning the requirement of the submission of the fingerprints of the volunteer. (4) The Identification Bureau of the Department of Arkansas State Police shall not release the Federal Bureau of Investigation criminal history report to the volunteer organization but shall review the report and the criteria provided by the volunteer organization in its registration to obtain criminal background check information on volunteers and notify the volunteer organization whether the volunteer meets the qualifications for serving as a volunteer with the organization.

(1) Upon the completion of the Arkansas background check, the volunteer organization may request through the Identification Bureau of the Department of Arkansas State Police a national criminal background check through the Federal Bureau of Investigation.

(2) The volunteer organization shall not be required to submit an additional application for the state and national criminal background check through the Federal Bureau of Investigation.

(3) The national background check shall comply with federal standards in effect as of January 1, 2005, including, but not limited to, standards concerning the requirement of the submission of the fingerprints of the volunteer.

(4) The Identification Bureau of the Department of Arkansas State Police shall not release the Federal Bureau of Investigation criminal history report to the volunteer organization but shall review the report and the criteria provided by the volunteer organization in its registration to obtain criminal background check information on volunteers and notify the volunteer organization whether the volunteer meets the qualifications for serving as a volunteer with the organization.

(c) A volunteer organization shall consider all information received in response to a request for criminal background information confidential.

Acts 2005, No. 1778, § 1.
Ark. Code Ann. § 12-8-403 — AR Code / Title 12 / Chapter 8 / Subchapter 4 / Section 12-8-403
Inquiry to determine abuse
Status: in_force

(a) (1) Upon the request of the prosecuting attorney of a judicial district in which an affected municipality is located, the Director of the Division of Arkansas State Police may investigate and determine whether the affected municipality is abusing police power by conducting an unlawful speed trap. (2) (A) The investigation shall require the affected municipality to submit a certified record of all fines, costs, citations, and municipal expenditures, as well as the percentage of speeding citations that are written for persons speeding ten miles per hour (10 m.p.h.) or less than the posted speed limit. (B) The records required under subdivision (a)(2)(A) of this section may encompass a reasonable time period as requested by the Division of Arkansas State Police but shall contain at least ninety (90) days' worth of documentation. (C) (i) The affected municipality shall submit the requested records within thirty (30) days, unless an extension for submission is approved by the director, and shall cooperate with all other aspects of the investigation. (ii) Failure to comply with a requirement of this section shall result in automatic sanctions. (b) It is presumed that the affected municipality is abusing police power by conducting an unlawful speed trap upon a finding by the director that: (1) The amount of revenue for the affected municipality exceeded thirty percent (30%) of the affected municipality's total expenditures, less capital expenditures, water department expenditures, sewer department expenditures, fiduciary fund expenditures, enterprise fund expenditures, and debt service, in the preceding year; or (2) More than fifty percent (50%) of the summons written for the traffic offense of speeding that is a misdemeanor, a violation of state law, or a violation of a local ordinance in the affected municipality are written for speed limit violations that are ten miles per hour (10 m.p.h.) or less than the posted speed limit. Amended by Act 2019, No. 910,§ 5799, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5798, eff. 7/1/2019. Amended by Act 2019, No. 364,§ 2, eff. 7/24/2019. Acts 1995, No. 855, § 3; 1997, No. 842, § 1; 2001, No. 1425, § 1.

(a) (1) Upon the request of the prosecuting attorney of a judicial district in which an affected municipality is located, the Director of the Division of Arkansas State Police may investigate and determine whether the affected municipality is abusing police power by conducting an unlawful speed trap. (2) (A) The investigation shall require the affected municipality to submit a certified record of all fines, costs, citations, and municipal expenditures, as well as the percentage of speeding citations that are written for persons speeding ten miles per hour (10 m.p.h.) or less than the posted speed limit. (B) The records required under subdivision (a)(2)(A) of this section may encompass a reasonable time period as requested by the Division of Arkansas State Police but shall contain at least ninety (90) days' worth of documentation. (C) (i) The affected municipality shall submit the requested records within thirty (30) days, unless an extension for submission is approved by the director, and shall cooperate with all other aspects of the investigation. (ii) Failure to comply with a requirement of this section shall result in automatic sanctions.

(1) Upon the request of the prosecuting attorney of a judicial district in which an affected municipality is located, the Director of the Division of Arkansas State Police may investigate and determine whether the affected municipality is abusing police power by conducting an unlawful speed trap.

(2) (A) The investigation shall require the affected municipality to submit a certified record of all fines, costs, citations, and municipal expenditures, as well as the percentage of speeding citations that are written for persons speeding ten miles per hour (10 m.p.h.) or less than the posted speed limit. (B) The records required under subdivision (a)(2)(A) of this section may encompass a reasonable time period as requested by the Division of Arkansas State Police but shall contain at least ninety (90) days' worth of documentation. (C) (i) The affected municipality shall submit the requested records within thirty (30) days, unless an extension for submission is approved by the director, and shall cooperate with all other aspects of the investigation. (ii) Failure to comply with a requirement of this section shall result in automatic sanctions.

(A) The investigation shall require the affected municipality to submit a certified record of all fines, costs, citations, and municipal expenditures, as well as the percentage of speeding citations that are written for persons speeding ten miles per hour (10 m.p.h.) or less than the posted speed limit.

(B) The records required under subdivision (a)(2)(A) of this section may encompass a reasonable time period as requested by the Division of Arkansas State Police but shall contain at least ninety (90) days' worth of documentation.

(C) (i) The affected municipality shall submit the requested records within thirty (30) days, unless an extension for submission is approved by the director, and shall cooperate with all other aspects of the investigation. (ii) Failure to comply with a requirement of this section shall result in automatic sanctions.

(i) The affected municipality shall submit the requested records within thirty (30) days, unless an extension for submission is approved by the director, and shall cooperate with all other aspects of the investigation.

(ii) Failure to comply with a requirement of this section shall result in automatic sanctions.

(b) It is presumed that the affected municipality is abusing police power by conducting an unlawful speed trap upon a finding by the director that: (1) The amount of revenue for the affected municipality exceeded thirty percent (30%) of the affected municipality's total expenditures, less capital expenditures, water department expenditures, sewer department expenditures, fiduciary fund expenditures, enterprise fund expenditures, and debt service, in the preceding year; or (2) More than fifty percent (50%) of the summons written for the traffic offense of speeding that is a misdemeanor, a violation of state law, or a violation of a local ordinance in the affected municipality are written for speed limit violations that are ten miles per hour (10 m.p.h.) or less than the posted speed limit.

(1) The amount of revenue for the affected municipality exceeded thirty percent (30%) of the affected municipality's total expenditures, less capital expenditures, water department expenditures, sewer department expenditures, fiduciary fund expenditures, enterprise fund expenditures, and debt service, in the preceding year; or

(2) More than fifty percent (50%) of the summons written for the traffic offense of speeding that is a misdemeanor, a violation of state law, or a violation of a local ordinance in the affected municipality are written for speed limit violations that are ten miles per hour (10 m.p.h.) or less than the posted speed limit.

Amended by Act 2019, No. 910,§ 5799, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5798, eff. 7/1/2019.

Amended by Act 2019, No. 364,§ 2, eff. 7/24/2019.

Acts 1995, No. 855, § 3; 1997, No. 842, § 1; 2001, No. 1425, § 1.
Ark. Code Ann. § 12-29-106 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-106
Mail to or from inmates
Status: in_force

(a) (1) A person without the consent of the Director of the Division of Correction shall not bring into or carry out of a prison any letter or writing to or from any inmate. (2) A violation of this section is an unclassified misdemeanor punishable by a fine not exceeding one hundred dollars ($100), imprisonment not exceeding thirty (30) days, or both. (b) However, all inmates shall have the privilege, under the proper supervision and inspection of the director or his or her employees, to write and receive letters from their relations and friends. Amended by Act 2019, No. 910,§ 787, eff. 7/1/2019. Amended by Act 2017, No. 250,§ 23, eff. 8/1/2017. Amended by Act 2013, No. 295,§ 2, eff. 8/16/2013. Acts 1893, No. 76, § 53, p. 121; C. & M. Dig., § 9714; Pope's Dig., § 12745; A.S.A. 1947, § 46-168.

(a) (1) A person without the consent of the Director of the Division of Correction shall not bring into or carry out of a prison any letter or writing to or from any inmate. (2) A violation of this section is an unclassified misdemeanor punishable by a fine not exceeding one hundred dollars ($100), imprisonment not exceeding thirty (30) days, or both.

(1) A person without the consent of the Director of the Division of Correction shall not bring into or carry out of a prison any letter or writing to or from any inmate.

(2) A violation of this section is an unclassified misdemeanor punishable by a fine not exceeding one hundred dollars ($100), imprisonment not exceeding thirty (30) days, or both.

(b) However, all inmates shall have the privilege, under the proper supervision and inspection of the director or his or her employees, to write and receive letters from their relations and friends.

Amended by Act 2019, No. 910,§ 787, eff. 7/1/2019.

Amended by Act 2017, No. 250,§ 23, eff. 8/1/2017.

Amended by Act 2013, No. 295,§ 2, eff. 8/16/2013.

Acts 1893, No. 76, § 53, p. 121; C. & M. Dig., § 9714; Pope's Dig., § 12745; A.S.A. 1947, § 46-168.
Ark. Code Ann. § 12-64-842 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-842
Stealing property
Status: in_force

A person subject to this code who wrongfully and fraudulently takes and carries away or exercises unauthorized control over the property of another with intent to deprive the owner of the property shall be punished as a court-martial may direct. Amended by Act 2015, No. 1003,§ 38, eff. 7/22/2015. Acts 1969, No. 50, § 160; A.S.A. 1947, § 11-742.

A person subject to this code who wrongfully and fraudulently takes and carries away or exercises unauthorized control over the property of another with intent to deprive the owner of the property shall be punished as a court-martial may direct.

Amended by Act 2015, No. 1003,§ 38, eff. 7/22/2015.

Acts 1969, No. 50, § 160; A.S.A. 1947, § 11-742.
Ark. Code Ann. § 12-61-103 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-103
Governor's powers and duties generally
Status: in_force

(a) (1) The Governor is authorized to make such rules governing the government, organization, discipline, and training of the militia as he or she may deem expedient. (2) Such rules shall conform to the provisions of this code and, as nearly as practicable, to those governing the United States Armed Forces. (3) When promulgated, the rules shall have the same force and effect as the provisions of this code. (4) Such rules shall not be repealed, altered, amended, or added to, except with the approval of the Governor. (5) The rules in force at the time of the passage of this code shall remain in force until new rules are approved and promulgated. (b) The Governor may, by executive order, designate National Guard commissioned officers or warrant officers or active duty officers or warrant officers serving in armed forces recruiting offices inside or outside the State of Arkansas to administer the oath of enlistment to new members of the militia. (c) Whenever he or she shall deem it necessary, the Governor may direct the members of the unorganized militia to present themselves for and submit to registration at such time and place and in such manner as may be prescribed by rule. Amended by Act 2019, No. 315,§ 918, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 917, eff. 7/24/2019. Acts 1969, No. 50, §§ 5, 199; 1983, No. 412, § 1; A.S.A. 1947, §§ 11-105, 11-1101.

(a) (1) The Governor is authorized to make such rules governing the government, organization, discipline, and training of the militia as he or she may deem expedient. (2) Such rules shall conform to the provisions of this code and, as nearly as practicable, to those governing the United States Armed Forces. (3) When promulgated, the rules shall have the same force and effect as the provisions of this code. (4) Such rules shall not be repealed, altered, amended, or added to, except with the approval of the Governor. (5) The rules in force at the time of the passage of this code shall remain in force until new rules are approved and promulgated.

(1) The Governor is authorized to make such rules governing the government, organization, discipline, and training of the militia as he or she may deem expedient.

(2) Such rules shall conform to the provisions of this code and, as nearly as practicable, to those governing the United States Armed Forces.

(3) When promulgated, the rules shall have the same force and effect as the provisions of this code.

(4) Such rules shall not be repealed, altered, amended, or added to, except with the approval of the Governor.

(5) The rules in force at the time of the passage of this code shall remain in force until new rules are approved and promulgated.

(b) The Governor may, by executive order, designate National Guard commissioned officers or warrant officers or active duty officers or warrant officers serving in armed forces recruiting offices inside or outside the State of Arkansas to administer the oath of enlistment to new members of the militia.

(c) Whenever he or she shall deem it necessary, the Governor may direct the members of the unorganized militia to present themselves for and submit to registration at such time and place and in such manner as may be prescribed by rule.

Amended by Act 2019, No. 315,§ 918, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 917, eff. 7/24/2019.

Acts 1969, No. 50, §§ 5, 199; 1983, No. 412, § 1; A.S.A. 1947, §§ 11-105, 11-1101.
Ark. Code Ann. § 12-18-608 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-608
Interview of the alleged child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender
Status: in_force

(a) A person conducting an interview with a child victim, sibling of a child victim, or any other children in the home or under the care of an alleged offender shall have the discretion: (1) In the child's best interest, to limit the persons allowed to be present when a child is being interviewed concerning allegations of child maltreatment; and (2) As it relates to the integrity of the investigation, to limit persons present during an interview. (b) (1) The interview with the child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender shall be conducted separate and apart from the alleged offender or any representative or attorney for the alleged offender. (2) However, if the age or abilities of the child victim render an interview impossible, the investigation shall include observation of the child. (c) (1) If a person conducting an investigation under this chapter is denied access to a child as permitted under this section, the Department of Human Services or the Department of Arkansas State Police may petition the proper juvenile division of a circuit court for an ex parte order of investigation to limit the persons allowed to be present when the child is being interviewed. (2) However, upon application to the circuit court and a showing of good cause by a parent, caretaker, or person denying unrestricted access to a child, the circuit court may issue a written order to stay the order of investigation pending a hearing to be held within seventy-two (72) hours. Amended by Act 2015, No. 1026,§ 7, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 14, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) A person conducting an interview with a child victim, sibling of a child victim, or any other children in the home or under the care of an alleged offender shall have the discretion: (1) In the child's best interest, to limit the persons allowed to be present when a child is being interviewed concerning allegations of child maltreatment; and (2) As it relates to the integrity of the investigation, to limit persons present during an interview.

(1) In the child's best interest, to limit the persons allowed to be present when a child is being interviewed concerning allegations of child maltreatment; and

(2) As it relates to the integrity of the investigation, to limit persons present during an interview.

(b) (1) The interview with the child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender shall be conducted separate and apart from the alleged offender or any representative or attorney for the alleged offender. (2) However, if the age or abilities of the child victim render an interview impossible, the investigation shall include observation of the child.

(1) The interview with the child victim, siblings of a child victim, or any other children in the home or under the care of an alleged offender shall be conducted separate and apart from the alleged offender or any representative or attorney for the alleged offender.

(2) However, if the age or abilities of the child victim render an interview impossible, the investigation shall include observation of the child.

(c) (1) If a person conducting an investigation under this chapter is denied access to a child as permitted under this section, the Department of Human Services or the Department of Arkansas State Police may petition the proper juvenile division of a circuit court for an ex parte order of investigation to limit the persons allowed to be present when the child is being interviewed. (2) However, upon application to the circuit court and a showing of good cause by a parent, caretaker, or person denying unrestricted access to a child, the circuit court may issue a written order to stay the order of investigation pending a hearing to be held within seventy-two (72) hours.

(1) If a person conducting an investigation under this chapter is denied access to a child as permitted under this section, the Department of Human Services or the Department of Arkansas State Police may petition the proper juvenile division of a circuit court for an ex parte order of investigation to limit the persons allowed to be present when the child is being interviewed.

(2) However, upon application to the circuit court and a showing of good cause by a parent, caretaker, or person denying unrestricted access to a child, the circuit court may issue a written order to stay the order of investigation pending a hearing to be held within seventy-two (72) hours.

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

Amended by Act 2013, No. 1006,§ 14, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-8-604 — AR Code / Title 12 / Chapter 8 / Subchapter 5-d-1 / Section 12-8-604
Pledge of revenues
Status: in_force

The fees generated under § 27-16-801(a) and § 27-23-118(a)(3) shall be: (1) Pledged to meet obligations authorized under this subchapter; and (2) Used by the Division of Arkansas State Police as provided in this subchapter. Amended by Act 2019, No. 910,§ 5805, eff. 7/1/2019. Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.

The fees generated under § 27-16-801(a) and § 27-23-118(a)(3) shall be:

(1) Pledged to meet obligations authorized under this subchapter; and

(2) Used by the Division of Arkansas State Police as provided in this subchapter.

Amended by Act 2019, No. 910,§ 5805, eff. 7/1/2019.

Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.
Ark. Code Ann. § 12-12-1011 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1011
Dissemination limited
Status: in_force

(a) Release of criminal history information for noncriminal justice purposes shall be made only by the Identification Bureau of the Department of Arkansas State Police or the central repository, under the limitations contained in § 12-12-1009 , and such compiled records will not be released or disclosed for noncriminal justice purposes by other agencies in the state. (b) Intelligence and investigative files maintained by law enforcement agencies shall be kept separated from criminal history information and shall not be subject to dissemination under the provisions of this subchapter. Acts 1993, No. 1109, § 10.

(a) Release of criminal history information for noncriminal justice purposes shall be made only by the Identification Bureau of the Department of Arkansas State Police or the central repository, under the limitations contained in § 12-12-1009 , and such compiled records will not be released or disclosed for noncriminal justice purposes by other agencies in the state.

(b) Intelligence and investigative files maintained by law enforcement agencies shall be kept separated from criminal history information and shall not be subject to dissemination under the provisions of this subchapter.

Acts 1993, No. 1109, § 10.
Ark. Code Ann. § 12-18-1005 — AR Code / Title 12 / Chapter 18 / Subchapter 10 / Section 12-18-1005
Location
Status: in_force

(a) A school, residential facility, hospital, or similar institution where a child may be located shall not require a written order for the Department of Human Services to take a seventy-two-hour hold under this section or § 9-27-313 . (b) Upon notice by the department that a hold has been taken on a child, a school, residential facility, hospital, or similar institution where the child is located shall: (1) Retain the child until the department takes a hold on the child; (2) Not notify the parent until the child has been removed by the department; and (3) Provide the parent or guardian with the name and contact information of the department employee regarding the hold on the child. Acts 2009, No. 749, § 1.

(a) A school, residential facility, hospital, or similar institution where a child may be located shall not require a written order for the Department of Human Services to take a seventy-two-hour hold under this section or § 9-27-313 .

(b) Upon notice by the department that a hold has been taken on a child, a school, residential facility, hospital, or similar institution where the child is located shall: (1) Retain the child until the department takes a hold on the child; (2) Not notify the parent until the child has been removed by the department; and (3) Provide the parent or guardian with the name and contact information of the department employee regarding the hold on the child.

(1) Retain the child until the department takes a hold on the child;

(2) Not notify the parent until the child has been removed by the department; and

(3) Provide the parent or guardian with the name and contact information of the department employee regarding the hold on the child.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-27-128 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-128
Division of Correction Nontax Revenue Receipts Fund
Status: in_force

(a) There is created in accordance with §§ 19-4-801 - 19-4-803 , 19-4-804 [repealed], 19-4-805 , 19-4-806 , and the Revenue Classification Law, § 19-6-101 et seq., a cash fund entitled the Division of Correction Nontax Revenue Receipts Fund to consist of receipts for telephone calls from coinless telephones located on Division of Correction grounds, and from other nontax receipts not previously identified to a fund of deposit. (b) Funds held in the Division of Correction Nontax Revenue Receipts Fund are to be administered and expended by the Director of the Division of Correction within guidelines established by the Board of Corrections for periodic transfers to other division funds or for disbursements in support of division operations or debt service. (c) The division will request cash fund appropriations in accordance with established law and procedures after a determination by the board of the usage of the Division of Correction Nontax Revenue Receipts Fund. Amended by Act 2019, No. 910,§ 752, eff. 7/1/2019. Acts 1993, No. 697, §§ 1-3.

(a) There is created in accordance with §§ 19-4-801 - 19-4-803 , 19-4-804 [repealed], 19-4-805 , 19-4-806 , and the Revenue Classification Law, § 19-6-101 et seq., a cash fund entitled the Division of Correction Nontax Revenue Receipts Fund to consist of receipts for telephone calls from coinless telephones located on Division of Correction grounds, and from other nontax receipts not previously identified to a fund of deposit.

(b) Funds held in the Division of Correction Nontax Revenue Receipts Fund are to be administered and expended by the Director of the Division of Correction within guidelines established by the Board of Corrections for periodic transfers to other division funds or for disbursements in support of division operations or debt service.

(c) The division will request cash fund appropriations in accordance with established law and procedures after a determination by the board of the usage of the Division of Correction Nontax Revenue Receipts Fund.

Amended by Act 2019, No. 910,§ 752, eff. 7/1/2019.

Acts 1993, No. 697, §§ 1-3.
Ark. Code Ann. § 12-64-502 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-502
Charges and specifications
Status: in_force

(a) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state: (1) That the signer has personal knowledge of, or has investigated the matters set forth therein; and (2) That they are true in fact to the best of his or her knowledge and belief. (b) Upon the preferring of charges: (1) The proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline; and (2) The person accused shall be informed of the charges against him or her as soon as practicable. Acts 1969, No. 50, § 76; A.S.A. 1947, § 11-631.

(a) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state: (1) That the signer has personal knowledge of, or has investigated the matters set forth therein; and (2) That they are true in fact to the best of his or her knowledge and belief.

(1) That the signer has personal knowledge of, or has investigated the matters set forth therein; and

(2) That they are true in fact to the best of his or her knowledge and belief.

(b) Upon the preferring of charges: (1) The proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline; and (2) The person accused shall be informed of the charges against him or her as soon as practicable.

(1) The proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline; and

(2) The person accused shall be informed of the charges against him or her as soon as practicable.

Acts 1969, No. 50, § 76; A.S.A. 1947, § 11-631.
Ark. Code Ann. § 12-12-404 — AR Code / Title 12 / Chapter 12 / Subchapter 4 / Section 12-12-404
Reimbursement of medical facility - Rules
Status: in_force

(a) The Crime Victims Reparations Board may reimburse any licensed healthcare provider that provides the services outlined in this subchapter for the reasonable cost for such services. (b) The board is empowered to prescribe minimum standards and rules necessary to implement this subchapter. These shall include, but not be limited to, a cost ceiling for each claim and the determination of reasonable cost. Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 863, eff. 7/24/2019. Acts 1983, No. 403, § 6; A.S.A. 1947, § 41-1825; Acts 1991, No. 396, § 1; 2001, No. 993, § 4.

(a) The Crime Victims Reparations Board may reimburse any licensed healthcare provider that provides the services outlined in this subchapter for the reasonable cost for such services.

(b) The board is empowered to prescribe minimum standards and rules necessary to implement this subchapter. These shall include, but not be limited to, a cost ceiling for each claim and the determination of reasonable cost.

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

Amended by Act 2019, No. 315,§ 863, eff. 7/24/2019.

Acts 1983, No. 403, § 6; A.S.A. 1947, § 41-1825; Acts 1991, No. 396, § 1; 2001, No. 993, § 4.
Ark. Code Ann. § 12-87-111 — AR Code / Title 12 / Chapter 87 / Section 12-87-111
Limitations on civil liability for volunteer health practitioners
Status: in_force

(a) Subject to subsection (b), a volunteer health practitioner who receives compensation of five hundred dollars ($500) or less per year for providing health or veterinary services pursuant to this chapter is not liable for damages for an act or omission of the practitioner in providing those services. Reimbursement of, or allowance for, reasonable expenses, or continuation of salary or other remuneration while on leave, is not compensation under this subsection. (b) This section does not limit the liability of a volunteer health practitioner for: (1) willful misconduct or wanton, grossly negligent, reckless, or criminal conduct; (2) an intentional tort; (3) breach of contract; (4) a claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the practitioner; or (5) an act or omission relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle. (c) A person that, pursuant to this chapter, operates, uses, or relies upon information provided by a volunteer health practitioner registration system is not liable for damages for an act or omission relating to that operation, use, or reliance unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless, or criminal conduct. Acts 2009, No. 432, § 1.

(a) Subject to subsection (b), a volunteer health practitioner who receives compensation of five hundred dollars ($500) or less per year for providing health or veterinary services pursuant to this chapter is not liable for damages for an act or omission of the practitioner in providing those services. Reimbursement of, or allowance for, reasonable expenses, or continuation of salary or other remuneration while on leave, is not compensation under this subsection.

(b) This section does not limit the liability of a volunteer health practitioner for: (1) willful misconduct or wanton, grossly negligent, reckless, or criminal conduct; (2) an intentional tort; (3) breach of contract; (4) a claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the practitioner; or (5) an act or omission relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle.

(1) willful misconduct or wanton, grossly negligent, reckless, or criminal conduct;

(2) an intentional tort;

(3) breach of contract;

(4) a claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the practitioner; or

(5) an act or omission relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle.

(c) A person that, pursuant to this chapter, operates, uses, or relies upon information provided by a volunteer health practitioner registration system is not liable for damages for an act or omission relating to that operation, use, or reliance unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless, or criminal conduct.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-12-112 — AR Code / Title 12 / Chapter 12 / Subchapter 1 / Section 12-12-112
Healthcare professional reporting battery in the second degree
Status: in_force

A law enforcement agency shall allow a healthcare professional listed under § 5-13-202(a)(4)(E) to list a work address in lieu of his or her home address when filing a police report or complaint related to an incident that meets the requirements of battery in the second degree under § 5-13-202(a)(4)(E) . Added by Act 2023, No. 313,§ 1, eff. 8/1/2023.

A law enforcement agency shall allow a healthcare professional listed under § 5-13-202(a)(4)(E) to list a work address in lieu of his or her home address when filing a police report or complaint related to an incident that meets the requirements of battery in the second degree under § 5-13-202(a)(4)(E) .

Added by Act 2023, No. 313,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 12-18-309 — AR Code / Title 12 / Chapter 18 / Subchapter 3 / Section 12-18-309
Reports alleging that a child is disrupting his or her adoption or is a dependent juvenile
Status: in_force

The Child Abuse Hotline shall accept telephone calls or other communications alleging that a child is at risk of disrupting or has disrupted his or her adoption or that a child is a dependent juvenile, as defined in § 9-27-303 , and shall immediately refer this information to the Department of Human Services. Amended by Act 2015, No. 1092,§ 5, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 9, eff. 8/16/2013. Acts 2009, No. 749, § 1; 2011, No. 779, § 18.

The Child Abuse Hotline shall accept telephone calls or other communications alleging that a child is at risk of disrupting or has disrupted his or her adoption or that a child is a dependent juvenile, as defined in § 9-27-303 , and shall immediately refer this information to the Department of Human Services.

Amended by Act 2015, No. 1092,§ 5, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 9, eff. 8/16/2013.

Acts 2009, No. 749, § 1; 2011, No. 779, § 18.
Ark. Code Ann. § 12-12-206 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-206
Data processing - Supervision
Status: in_force

(a) All data files and computer programs making up the Arkansas Crime Information System, in accordance with this subchapter, shall be under the control and jurisdiction of the Supervisory Board for the Arkansas Crime Information Center. (b) The Director of the Arkansas Crime Information Center and the board shall make arrangements for the continued use of existing state computer facilities, computer systems and programming personnel, and communications networks whenever feasible and practical. Acts 1971, No. 286, § 6; 1975, No. 742, § 6; A.S.A. 1947, § 5-1106.

(a) All data files and computer programs making up the Arkansas Crime Information System, in accordance with this subchapter, shall be under the control and jurisdiction of the Supervisory Board for the Arkansas Crime Information Center.

(b) The Director of the Arkansas Crime Information Center and the board shall make arrangements for the continued use of existing state computer facilities, computer systems and programming personnel, and communications networks whenever feasible and practical.

Acts 1971, No. 286, § 6; 1975, No. 742, § 6; A.S.A. 1947, § 5-1106.
Ark. Code Ann. § 12-29-310 — AR Code / Title 12 / Chapter 29 / Subchapter 3 / Section 12-29-310
[Repealed]
Status: repealed

Repealed by Act 2021, No. 497,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 493,§ 7, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 802, eff. 7/1/2019. Acts 1985, No. 288, § 3; A.S.A. 1947, § 46-1310; Acts 2005, No. 496, § 8.

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

Amended by Act 2021, No. 493,§ 7, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 802, eff. 7/1/2019.

Acts 1985, No. 288, § 3; A.S.A. 1947, § 46-1310; Acts 2005, No. 496, § 8.
Ark. Code Ann. § 12-41-402 — AR Code / Title 12 / Chapter 41 / Subchapter 4 / Section 12-41-402
Food for prisoners
Status: in_force

It shall be the duty of the keeper of the city jail, watch, and station houses to provide all persons confined therein for any offense with necessary food during their confinement, and the cost thereof, not exceeding thirty cents (30¢) per day to each person, shall be taxed as costs in the case and paid to the keeper of the jail, watch, or station house out of the city treasury, on the certificate of the chief of police and approval of the mayor, when audited by the city council. Acts 1875, No. 1, § 55, p. 1; C. & M. Dig., § 7737; Pope's Dig., § 9933; A.S.A. 1947, § 46-702.

It shall be the duty of the keeper of the city jail, watch, and station houses to provide all persons confined therein for any offense with necessary food during their confinement, and the cost thereof, not exceeding thirty cents (30¢) per day to each person, shall be taxed as costs in the case and paid to the keeper of the jail, watch, or station house out of the city treasury, on the certificate of the chief of police and approval of the mayor, when audited by the city council.

Acts 1875, No. 1, § 55, p. 1; C. & M. Dig., § 7737; Pope's Dig., § 9933; A.S.A. 1947, § 46-702.
Ark. Code Ann. § 12-18-1101 — AR Code / Title 12 / Chapter 18 / Subchapter 11 / Section 12-18-1101
Procedure if the investigation is pending on a fatality
Status: in_force

Upon request, the Department of Human Services shall release the following information to the general public when an investigation is pending on a report of a fatality of a child to the Child Abuse Hotline: (1) Age, race, and gender of the child; (2) Date of the child's death; (3) Allegations or preliminary cause of death; (4) County and type of placement of the child at the time of incident leading to the child's death; (5) Generic relationship of the alleged offender to the child; (6) Agency conducting the investigation; (7) Legal action taken by the department; (8) Services offered or provided by the department presently and in the past; and (9) Name of the child. Amended by Act 2013, No. 1181,§ 4, eff. 8/16/2013. Acts 2009, No. 675, § 1.

Upon request, the Department of Human Services shall release the following information to the general public when an investigation is pending on a report of a fatality of a child to the Child Abuse Hotline:

(1) Age, race, and gender of the child;

(2) Date of the child's death;

(3) Allegations or preliminary cause of death;

(4) County and type of placement of the child at the time of incident leading to the child's death;

(5) Generic relationship of the alleged offender to the child;

(6) Agency conducting the investigation;

(7) Legal action taken by the department;

(8) Services offered or provided by the department presently and in the past; and

(9) Name of the child.

Amended by Act 2013, No. 1181,§ 4, eff. 8/16/2013.

Acts 2009, No. 675, § 1.
Ark. Code Ann. § 12-12-915 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-915
Authority - Rules
Status: in_force

(a) The Division of Correction, the Division of Community Correction, the Department of Human Services, the Administrative Office of the Courts, and the Arkansas Crime Information Center shall promulgate rules to establish procedures for: (1) Notifying the sex offender of the obligation to register pursuant to this subchapter; and (2) Registering the sex offender. (b) (1) The Division of Community Correction shall monitor an adult sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923 . (2) The Department of Human Services shall monitor an adult or juvenile sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923 . (c) (1) The Division of Community Correction shall promulgate rules to establish procedures for monitoring an adult sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923 . (2) The Department of Human Services shall promulgate rules to establish procedures for monitoring an adult or juvenile sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923 . Amended by Act 2019, No. 910,§ 719, eff. 7/1/2019. Acts 1997, No. 989, § 15; 2003 (2nd Ex. Sess.), No. 21, § 7; 2006 (1st Ex. Sess.), No. 4, § 4; 2007, No. 394, § 8.

(a) The Division of Correction, the Division of Community Correction, the Department of Human Services, the Administrative Office of the Courts, and the Arkansas Crime Information Center shall promulgate rules to establish procedures for: (1) Notifying the sex offender of the obligation to register pursuant to this subchapter; and (2) Registering the sex offender.

(1) Notifying the sex offender of the obligation to register pursuant to this subchapter; and

(2) Registering the sex offender.

(b) (1) The Division of Community Correction shall monitor an adult sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923 . (2) The Department of Human Services shall monitor an adult or juvenile sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923 .

(1) The Division of Community Correction shall monitor an adult sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923 .

(2) The Department of Human Services shall monitor an adult or juvenile sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923 .

(c) (1) The Division of Community Correction shall promulgate rules to establish procedures for monitoring an adult sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923 . (2) The Department of Human Services shall promulgate rules to establish procedures for monitoring an adult or juvenile sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923 .

(1) The Division of Community Correction shall promulgate rules to establish procedures for monitoring an adult sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923 .

(2) The Department of Human Services shall promulgate rules to establish procedures for monitoring an adult or juvenile sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923 .

Amended by Act 2019, No. 910,§ 719, eff. 7/1/2019.

Acts 1997, No. 989, § 15; 2003 (2nd Ex. Sess.), No. 21, § 7; 2006 (1st Ex. Sess.), No. 4, § 4; 2007, No. 394, § 8.
Ark. Code Ann. § 12-30-402 — AR Code / Title 12 / Chapter 30 / Subchapter 4 / Section 12-30-402
Establishment of new work-release centers
Status: in_force

(a) The Community Correction Revolving Fund may borrow from the Budget Stabilization Trust Fund for the establishment of new work-release centers for the Division of Correction. (b) The loans shall be repaid by the end of the fiscal year in which the loans are made. Amended by Act 2019, No. 910,§ 829, eff. 7/1/2019. Acts 1987, No. 953, § 19; 2005, No. 1962, § 50.

(a) The Community Correction Revolving Fund may borrow from the Budget Stabilization Trust Fund for the establishment of new work-release centers for the Division of Correction.

(b) The loans shall be repaid by the end of the fiscal year in which the loans are made.

Amended by Act 2019, No. 910,§ 829, eff. 7/1/2019.

Acts 1987, No. 953, § 19; 2005, No. 1962, § 50.
Ark. Code Ann. § 12-12-1512 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1512
Rules
Status: in_force

The Division of Arkansas State Police and the Arkansas Crime Information Center may promulgate rules as are necessary to implement, enforce, and administer this subchapter. Amended by Act 2019, No. 315,§ 871, eff. 7/24/2019. Acts 2003 (1st Ex. Sess.), No. 63, § 11.

The Division of Arkansas State Police and the Arkansas Crime Information Center may promulgate rules as are necessary to implement, enforce, and administer this subchapter.

Amended by Act 2019, No. 315,§ 871, eff. 7/24/2019.

Acts 2003 (1st Ex. Sess.), No. 63, § 11.
Ark. Code Ann. § 12-12-1702 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1702
Purpose
Status: in_force

The purpose of this subchapter is to: (1) Provide a system for the reporting of known or suspected adult and long-term care facility resident maltreatment; (2) Ensure the screening, safety assessment, and prompt investigation of reports of known or suspected adult and long-term care facility resident maltreatment; (3) Provide for a civil action, if appropriate, to protect maltreated adults and long-term care facility residents; and (4) Encourage the cooperation of state law enforcement officials, courts, and state agencies in the investigation and assessment of maltreated adults and long-term care facility residents, and prosecution of offenders. Acts 2005, No. 1812, § 1; 2007, No. 283, § 6.

The purpose of this subchapter is to:

(1) Provide a system for the reporting of known or suspected adult and long-term care facility resident maltreatment;

(2) Ensure the screening, safety assessment, and prompt investigation of reports of known or suspected adult and long-term care facility resident maltreatment;

(3) Provide for a civil action, if appropriate, to protect maltreated adults and long-term care facility residents; and

(4) Encourage the cooperation of state law enforcement officials, courts, and state agencies in the investigation and assessment of maltreated adults and long-term care facility residents, and prosecution of offenders.

Acts 2005, No. 1812, § 1; 2007, No. 283, § 6.
Ark. Code Ann. § 12-8-302 — AR Code / Title 12 / Chapter 8 / Subchapter 3 / Section 12-8-302
Legislative findings and determinations
Status: in_force

(a) The General Assembly finds: (1) That the existing communications equipment used by the Department of Arkansas State Police: (A) Has poor radio coverage; (B) Has the problems of public monitoring and lack of user privacy; and (C) Is subject to unauthorized usage and interference from other parties; and (2) That portions of the existing communications equipment are: (A) Worn out; (B) Obsolete and expensive to repair and maintain; and (C) Specially designed mobile and portable units having limited utility. (b) The General Assembly determines that adequate and modern communications equipment for the enhancement of statewide law enforcement is essential to the safety and welfare of the people of this state. (c) It is legislatively determined that adequate and modern communications equipment needs to be acquired in order to replace the existing communications equipment and that the most feasible and least expensive way of financing the communications equipment is by authorizing a lease-purchase agreement under the authority of this subchapter. Acts 1985, No. 817, § 2; A.S.A. 1947, § 42-469.

(a) The General Assembly finds: (1) That the existing communications equipment used by the Department of Arkansas State Police: (A) Has poor radio coverage; (B) Has the problems of public monitoring and lack of user privacy; and (C) Is subject to unauthorized usage and interference from other parties; and (2) That portions of the existing communications equipment are: (A) Worn out; (B) Obsolete and expensive to repair and maintain; and (C) Specially designed mobile and portable units having limited utility.

(1) That the existing communications equipment used by the Department of Arkansas State Police: (A) Has poor radio coverage; (B) Has the problems of public monitoring and lack of user privacy; and (C) Is subject to unauthorized usage and interference from other parties; and

(A) Has poor radio coverage;

(B) Has the problems of public monitoring and lack of user privacy; and

(C) Is subject to unauthorized usage and interference from other parties; and

(2) That portions of the existing communications equipment are: (A) Worn out; (B) Obsolete and expensive to repair and maintain; and (C) Specially designed mobile and portable units having limited utility.

(A) Worn out;

(B) Obsolete and expensive to repair and maintain; and

(C) Specially designed mobile and portable units having limited utility.

(b) The General Assembly determines that adequate and modern communications equipment for the enhancement of statewide law enforcement is essential to the safety and welfare of the people of this state.

(c) It is legislatively determined that adequate and modern communications equipment needs to be acquired in order to replace the existing communications equipment and that the most feasible and least expensive way of financing the communications equipment is by authorizing a lease-purchase agreement under the authority of this subchapter.

Acts 1985, No. 817, § 2; A.S.A. 1947, § 42-469.
Ark. Code Ann. § 12-41-715 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-715
Fees, costs, etc. - Disposition
Status: in_force

(a) Any county, municipality, or public instrumentality may, by ordinance or resolution, provide that all or any identified portion of the revenues derived by the county, municipality, or public instrumentality from all or any identified portion of the fines or penalties as defined in this subchapter shall be remitted to and deposited by the county treasurer, municipal treasurer, or public instrumentality treasurer into one (1) or more banks doing business in the county, municipality, or county or municipality in which the public instrumentality is primarily located, to the credit of a jail revenue bond fund that may be created in connection with the issuance of debt to be used solely for the purposes as provided in this subchapter. (b) If any person charged with a felony or misdemeanor for which a fine or penalty, as defined in this subchapter, is imposed shall post bond and forfeit it upon failure to appear on the date set for trial, the entire amount or any identified portion of the bond forfeiture may be deposited into the jail revenue bond fund as provided in this subchapter. (c) (1) All revenues derived from the fines collected under the provisions of this subchapter are determined to be fee revenues and are declared to be cash funds. (2) The revenues shall not be deposited into the county treasury, municipal treasury, or public instrumentality treasury but shall be deposited into the bank or banks selected by the county jail board, municipal jail board, or public instrumentality jail board. (d) The fee revenues as provided in this section shall be collected and applied as provided in this subchapter until the principal, premiums, if any, and interest on bonds issued under this subchapter, with trustees' and paying agents' fees shall be paid or adequate provision made for their payment. Acts 1983, No. 918, § 9; A.S.A. 1947, § 46-455; Acts 2003, No. 1772, § 1.

(a) Any county, municipality, or public instrumentality may, by ordinance or resolution, provide that all or any identified portion of the revenues derived by the county, municipality, or public instrumentality from all or any identified portion of the fines or penalties as defined in this subchapter shall be remitted to and deposited by the county treasurer, municipal treasurer, or public instrumentality treasurer into one (1) or more banks doing business in the county, municipality, or county or municipality in which the public instrumentality is primarily located, to the credit of a jail revenue bond fund that may be created in connection with the issuance of debt to be used solely for the purposes as provided in this subchapter.

(b) If any person charged with a felony or misdemeanor for which a fine or penalty, as defined in this subchapter, is imposed shall post bond and forfeit it upon failure to appear on the date set for trial, the entire amount or any identified portion of the bond forfeiture may be deposited into the jail revenue bond fund as provided in this subchapter.

(c) (1) All revenues derived from the fines collected under the provisions of this subchapter are determined to be fee revenues and are declared to be cash funds. (2) The revenues shall not be deposited into the county treasury, municipal treasury, or public instrumentality treasury but shall be deposited into the bank or banks selected by the county jail board, municipal jail board, or public instrumentality jail board.

(1) All revenues derived from the fines collected under the provisions of this subchapter are determined to be fee revenues and are declared to be cash funds.

(2) The revenues shall not be deposited into the county treasury, municipal treasury, or public instrumentality treasury but shall be deposited into the bank or banks selected by the county jail board, municipal jail board, or public instrumentality jail board.

(d) The fee revenues as provided in this section shall be collected and applied as provided in this subchapter until the principal, premiums, if any, and interest on bonds issued under this subchapter, with trustees' and paying agents' fees shall be paid or adequate provision made for their payment.

Acts 1983, No. 918, § 9; A.S.A. 1947, § 46-455; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-12-928 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-928
Prohibition against recording a person under 14 years of age - Notification
Status: in_force

A person required to register as a sex offender under this subchapter and who has been assessed as a Level 3 or Level 4 sex offender shall be notified at his or her assessment that he or she is prohibited from recording a person under fourteen (14) years of age under § 5-14-137 . Added by Act 2019, No. 621,§ 3, eff. 7/24/2019.

A person required to register as a sex offender under this subchapter and who has been assessed as a Level 3 or Level 4 sex offender shall be notified at his or her assessment that he or she is prohibited from recording a person under fourteen (14) years of age under § 5-14-137 .

Added by Act 2019, No. 621,§ 3, eff. 7/24/2019.
Ark. Code Ann. § 12-41-101 — AR Code / Title 12 / Chapter 41 / Subchapter 1 / Section 12-41-101
Good time allowance
Status: in_force

(a) An inmate committed by any court in Arkansas to a county jail or city jail in the State of Arkansas may be entitled to a reduction, to be known as "meritorious good time", from his or her maximum term of his or her sentence to be served in the county jail or city jail. (b) (1) Meritorious good time shall be awarded under the rules and regulations promulgated by the county sheriff or chief of police and approved by the county quorum court of the various counties or the city legislative body of the various cities. (2) Meritorious good time shall be administered by the county sheriff or chief of police, subject to this subchapter, for good discipline, good behavior, work practices, and job responsibilities within the county jail or city jail. Amended by Act 2015, No. 738,§ 1, eff. 7/22/2015. Acts 1979, No. 639, §§ 1, 2; A.S.A. 1947, §§ 46-424, 46-425.

(a) An inmate committed by any court in Arkansas to a county jail or city jail in the State of Arkansas may be entitled to a reduction, to be known as "meritorious good time", from his or her maximum term of his or her sentence to be served in the county jail or city jail.

(b) (1) Meritorious good time shall be awarded under the rules and regulations promulgated by the county sheriff or chief of police and approved by the county quorum court of the various counties or the city legislative body of the various cities. (2) Meritorious good time shall be administered by the county sheriff or chief of police, subject to this subchapter, for good discipline, good behavior, work practices, and job responsibilities within the county jail or city jail.

(1) Meritorious good time shall be awarded under the rules and regulations promulgated by the county sheriff or chief of police and approved by the county quorum court of the various counties or the city legislative body of the various cities.

(2) Meritorious good time shall be administered by the county sheriff or chief of police, subject to this subchapter, for good discipline, good behavior, work practices, and job responsibilities within the county jail or city jail.

Amended by Act 2015, No. 738,§ 1, eff. 7/22/2015.

Acts 1979, No. 639, §§ 1, 2; A.S.A. 1947, §§ 46-424, 46-425.
Ark. Code Ann. § 12-10-314 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-314
Connection of network to automatic alarms, etc., prohibited
Status: in_force

No person shall connect to a service supplier's network any automatic alarm or other automatic alerting devices which cause the number 911 to be automatically dialed and provide a prerecorded message in order to directly access the services which may be obtained through a public safety answering point. Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 9; A.S.A. 1947, § 73-1830.

No person shall connect to a service supplier's network any automatic alarm or other automatic alerting devices which cause the number 911 to be automatically dialed and provide a prerecorded message in order to directly access the services which may be obtained through a public safety answering point.

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

Acts 1985, No. 683, § 9; A.S.A. 1947, § 73-1830.
Ark. Code Ann. § 12-42-113 — AR Code / Title 12 / Chapter 42 / Section 12-42-113
Warrants for costs
Status: in_force

When inmates employed on public works or improvements or in public workhouses shall have paid the full amount of their fines and costs by their labor, then the county court shall issue a warrant in favor of each officer to whom costs may be due, for the amount of his or her costs, on the county treasurer, and it shall be paid if there are sufficient funds in the county treasury. Amended by Act 2013, No. 295,§ 11, eff. 8/16/2013. Acts 1877, No. 73, § 9, p. 73; C. & M. Dig., § 2054; Pope's Dig., § 2656; A.S.A. 1947, § 46-515.

When inmates employed on public works or improvements or in public workhouses shall have paid the full amount of their fines and costs by their labor, then the county court shall issue a warrant in favor of each officer to whom costs may be due, for the amount of his or her costs, on the county treasurer, and it shall be paid if there are sufficient funds in the county treasury.

Amended by Act 2013, No. 295,§ 11, eff. 8/16/2013.

Acts 1877, No. 73, § 9, p. 73; C. & M. Dig., § 2054; Pope's Dig., § 2656; A.S.A. 1947, § 46-515.
Ark. Code Ann. § 12-61-102 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-102
Commander-in-Chief
Status: in_force

The Governor, by virtue of his or her office, shall be Commander-in-Chief of the militia, except the parts thereof as are ordered into the service of the United States. Acts 1969, No. 50, § 4; A.S.A. 1947, § 11-104.

The Governor, by virtue of his or her office, shall be Commander-in-Chief of the militia, except the parts thereof as are ordered into the service of the United States.

Acts 1969, No. 50, § 4; A.S.A. 1947, § 11-104.
Ark. Code Ann. § 12-62-307 — AR Code / Title 12 / Chapter 62 / Subchapter 3 / Section 12-62-307
State employees
Status: in_force

Any member of the Arkansas National Guard who is also an employee of the State of Arkansas and is called to state military active duty and receives compensation therefor shall not be deemed to be receiving compensation in an amount greater than that established by the General Assembly as the maximum annual salary for the employee as provided in § 21-5-101(b)(3) . Acts 1975, No. 75, § 5.

Any member of the Arkansas National Guard who is also an employee of the State of Arkansas and is called to state military active duty and receives compensation therefor shall not be deemed to be receiving compensation in an amount greater than that established by the General Assembly as the maximum annual salary for the employee as provided in § 21-5-101(b)(3) .

Acts 1975, No. 75, § 5.
Ark. Code Ann. § 12-30-201 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-201
Title
Status: in_force

This subchapter may be cited as the "Prison-Made Goods Act of 1967". Acts 1967, No. 473, § 2; A.S.A. 1947, § 46-235.

This subchapter may be cited as the "Prison-Made Goods Act of 1967".

Acts 1967, No. 473, § 2; A.S.A. 1947, § 46-235.
Ark. Code Ann. § 12-62-103 — AR Code / Title 12 / Chapter 62 / Subchapter 1 / Section 12-62-103
Assignment and transfer
Status: in_force

Commissioned officers and warrant officers may be assigned, reassigned, transferred, or detailed to and from units within the National Guard as prescribed by the laws of the United States and this code and the regulations and rules issued thereunder. Amended by Act 2019, No. 315,§ 933, eff. 7/24/2019. Acts 1969, No. 50, § 32; A.S.A. 1947, § 11-304.

Commissioned officers and warrant officers may be assigned, reassigned, transferred, or detailed to and from units within the National Guard as prescribed by the laws of the United States and this code and the regulations and rules issued thereunder.

Amended by Act 2019, No. 315,§ 933, eff. 7/24/2019.

Acts 1969, No. 50, § 32; A.S.A. 1947, § 11-304.
Ark. Code Ann. § 12-12-1201 — AR Code / Title 12 / Chapter 12 / Subchapter 12 / Section 12-12-1201
Authorization
Status: in_force

The Arkansas Crime Information Center is authorized to develop and operate a computerized victim notification system which shall provide: (1) A mechanism for victims of criminal offenses or the victim's next of kin to access information about proceedings in the criminal justice and corrections systems by use of a twenty-four-hour toll-free in-watts telephone service; and (2) Automatic notification by computerized telephone service to the victims of criminal offenses or the victim's next of kin of: (A) An inmate's, parolee's, or probationer's status, including the location of the inmate, parolee, or probationer; (B) A person's release or modification of a conditional release from the custody of the Arkansas State Hospital, a local or regional hospital, a local or regional mental health facility, or a local or regional jail to which the person has been committed by a court when the person committed a criminal act against the victim but was adjudicated in the criminal case to have a mental disease or defect under § 5-2-301 et seq.; and (C) A sex offender's application for the termination of the obligation to register as a sex offender under § 12-12-919 . Amended by Act 2023, No. 613,§ 2, eff. 8/1/2023. Amended by Act 2017, No. 429,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1265,§ 3, eff. 4/8/2015. Acts 1997, No. 1250, § 1.

The Arkansas Crime Information Center is authorized to develop and operate a computerized victim notification system which shall provide:

(1) A mechanism for victims of criminal offenses or the victim's next of kin to access information about proceedings in the criminal justice and corrections systems by use of a twenty-four-hour toll-free in-watts telephone service; and

(2) Automatic notification by computerized telephone service to the victims of criminal offenses or the victim's next of kin of: (A) An inmate's, parolee's, or probationer's status, including the location of the inmate, parolee, or probationer; (B) A person's release or modification of a conditional release from the custody of the Arkansas State Hospital, a local or regional hospital, a local or regional mental health facility, or a local or regional jail to which the person has been committed by a court when the person committed a criminal act against the victim but was adjudicated in the criminal case to have a mental disease or defect under § 5-2-301 et seq.; and (C) A sex offender's application for the termination of the obligation to register as a sex offender under § 12-12-919 .

(A) An inmate's, parolee's, or probationer's status, including the location of the inmate, parolee, or probationer;

(B) A person's release or modification of a conditional release from the custody of the Arkansas State Hospital, a local or regional hospital, a local or regional mental health facility, or a local or regional jail to which the person has been committed by a court when the person committed a criminal act against the victim but was adjudicated in the criminal case to have a mental disease or defect under § 5-2-301 et seq.; and

(C) A sex offender's application for the termination of the obligation to register as a sex offender under § 12-12-919 .

Amended by Act 2023, No. 613,§ 2, eff. 8/1/2023.

Amended by Act 2017, No. 429,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1265,§ 3, eff. 4/8/2015.

Acts 1997, No. 1250, § 1.
Ark. Code Ann. § 12-12-106 — AR Code / Title 12 / Chapter 12 / Subchapter 1 / Section 12-12-106
Investigations of an alleged sex offense
Status: in_force

(a) A law enforcement officer, prosecuting attorney, or other government official shall not ask or require an adult victim of an alleged sex offense, a youth victim of an alleged sex offense, or a child victim of an alleged sex offense to submit to a polygraph examination or an examination of any other truth-telling device as a condition of proceeding with the investigation of an alleged sex offense. (b) The refusal of a victim of an alleged sex offense to submit to an examination described in subsection (a) of this section shall not prevent the investigation, charging, or prosecution of the alleged sex offense. Acts 2007, No. 676, § 3.

(a) A law enforcement officer, prosecuting attorney, or other government official shall not ask or require an adult victim of an alleged sex offense, a youth victim of an alleged sex offense, or a child victim of an alleged sex offense to submit to a polygraph examination or an examination of any other truth-telling device as a condition of proceeding with the investigation of an alleged sex offense.

(b) The refusal of a victim of an alleged sex offense to submit to an examination described in subsection (a) of this section shall not prevent the investigation, charging, or prosecution of the alleged sex offense.

Acts 2007, No. 676, § 3.
Ark. Code Ann. § 12-13-204 — AR Code / Title 12 / Chapter 13 / Subchapter 2 / Section 12-13-204
Gifts, grants, and donations
Status: in_force

SAU-Tech of Southern Arkansas University is authorized to accept and receive gifts, grants, and donations for the operations and improvement of the Arkansas Fire Training Academy. Acts 1987, No. 928, § 13; 2001, No. 178, § 2.

SAU-Tech of Southern Arkansas University is authorized to accept and receive gifts, grants, and donations for the operations and improvement of the Arkansas Fire Training Academy.

Acts 1987, No. 928, § 13; 2001, No. 178, § 2.
Ark. Code Ann. § 12-12-319 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-319
Embalming corpse subject to examination, investigation, or autopsy - Penalty
Status: in_force

(a) It shall be unlawful to embalm a dead body when the body is subject to examination by the State Medical Examiner or his or her associates, assistants, or deputies as provided for in this subchapter, unless authorized by the examiner or his or her associates, assistants, or deputies or unless authorized by the prosecuting attorney of the jurisdiction in which the death occurs to so embalm. (b) When a body subject to examination by the examiner or his or her associates has been embalmed without authorization by or prior notice to the examiner or his or her associates, assistants, or deputies as provided for in this subchapter, the Director of the State Crime Laboratory may, at his or her discretion, require an order from the circuit court of the jurisdiction in which death occurred before proceeding with his or her duties and responsibilities under this subchapter. (c) Persons violating the provisions of this section shall be deemed guilty of a Class C misdemeanor. Amended by Act 2019, No. 910,§ 5853, eff. 7/1/2019. Acts 1979, No. 864, § 14; A.S.A. 1947, § 42-1216.

(a) It shall be unlawful to embalm a dead body when the body is subject to examination by the State Medical Examiner or his or her associates, assistants, or deputies as provided for in this subchapter, unless authorized by the examiner or his or her associates, assistants, or deputies or unless authorized by the prosecuting attorney of the jurisdiction in which the death occurs to so embalm.

(b) When a body subject to examination by the examiner or his or her associates has been embalmed without authorization by or prior notice to the examiner or his or her associates, assistants, or deputies as provided for in this subchapter, the Director of the State Crime Laboratory may, at his or her discretion, require an order from the circuit court of the jurisdiction in which death occurred before proceeding with his or her duties and responsibilities under this subchapter.

(c) Persons violating the provisions of this section shall be deemed guilty of a Class C misdemeanor.

Amended by Act 2019, No. 910,§ 5853, eff. 7/1/2019.

Acts 1979, No. 864, § 14; A.S.A. 1947, § 42-1216.
Ark. Code Ann. § 12-63-406 — AR Code / Title 12 / Chapter 63 / Subchapter 4 / Section 12-63-406
Military-type canteens and exchanges - Inventory and sales - Tax exemption
Status: in_force

(a) The Adjutant General, acting for and on behalf of the Arkansas National Guard, may purchase normally regarded military-type canteen and exchange inventory items, subject to the limitations prescribed in § 12-63-404 . (b) The sale of items shall be made only to: (1) Active and retired members of the Army National Guard and Air National Guard; (2) Active, retired, and reserve members of the United States Armed Forces; (3) United States Department of Defense employees; (4) Full-time employees of the Department of the Military; (5) Students attending training programs at Camp Joseph T. Robinson or Fort Chaffee; (6) Contractors and their employees performing work pursuant to a contract with the United States or the State of Arkansas on Camp Joseph T. Robinson or Fort Chaffee; (7) Employees of tenant government agencies located on Camp Joseph T. Robinson or Fort Chaffee; and (8) Dependents of the persons in subdivisions (b)(1)-(7) of this section who hold identification cards evidencing their status, as may be found acceptable to the Adjutant General. (c) The items sold shall be exempt from the imposition of any taxes levied by the State of Arkansas or by any political subdivision thereof. Amended by Act 2023, No. 454,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 454,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5537, eff. 7/1/2019. Acts 1977, No. 489, § 3; 1979, No. 362, § 1; 1983, No. 137, § 2; A.S.A. 1947, § 11-1807; Acts 1987, No. 781, § 1; 1995, No. 521, § 1; 1997, No. 1201, § 9.

(a) The Adjutant General, acting for and on behalf of the Arkansas National Guard, may purchase normally regarded military-type canteen and exchange inventory items, subject to the limitations prescribed in § 12-63-404 .

(b) The sale of items shall be made only to: (1) Active and retired members of the Army National Guard and Air National Guard; (2) Active, retired, and reserve members of the United States Armed Forces; (3) United States Department of Defense employees; (4) Full-time employees of the Department of the Military; (5) Students attending training programs at Camp Joseph T. Robinson or Fort Chaffee; (6) Contractors and their employees performing work pursuant to a contract with the United States or the State of Arkansas on Camp Joseph T. Robinson or Fort Chaffee; (7) Employees of tenant government agencies located on Camp Joseph T. Robinson or Fort Chaffee; and (8) Dependents of the persons in subdivisions (b)(1)-(7) of this section who hold identification cards evidencing their status, as may be found acceptable to the Adjutant General.

(1) Active and retired members of the Army National Guard and Air National Guard;

(2) Active, retired, and reserve members of the United States Armed Forces;

(3) United States Department of Defense employees;

(4) Full-time employees of the Department of the Military;

(5) Students attending training programs at Camp Joseph T. Robinson or Fort Chaffee;

(6) Contractors and their employees performing work pursuant to a contract with the United States or the State of Arkansas on Camp Joseph T. Robinson or Fort Chaffee;

(7) Employees of tenant government agencies located on Camp Joseph T. Robinson or Fort Chaffee; and

(8) Dependents of the persons in subdivisions (b)(1)-(7) of this section who hold identification cards evidencing their status, as may be found acceptable to the Adjutant General.

(c) The items sold shall be exempt from the imposition of any taxes levied by the State of Arkansas or by any political subdivision thereof.

Amended by Act 2023, No. 454,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 454,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5537, eff. 7/1/2019.

Acts 1977, No. 489, § 3; 1979, No. 362, § 1; 1983, No. 137, § 2; A.S.A. 1947, § 11-1807; Acts 1987, No. 781, § 1; 1995, No. 521, § 1; 1997, No. 1201, § 9.
Ark. Code Ann. § 12-20-102 — AR Code / Title 12 / Chapter 20 / Subchapter 1 / Section 12-20-102
Applicability - Cumulative effect
Status: in_force

(a) This chapter applies to the property of each private school or private college or university. (b) This chapter does not mean that a private school or private college or university is an agent of the State of Arkansas. (c) This chapter is cumulative to any remedies that each private school or private college or university may possess for enforcing its rules and regulations, including its rights to impose sanctions through fees and charges and its rights to discipline, deny service, and expel. Amended by Act 2021, No. 535,§ 4, eff. 7/28/2021. Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.

(a) This chapter applies to the property of each private school or private college or university.

(b) This chapter does not mean that a private school or private college or university is an agent of the State of Arkansas.

(c) This chapter is cumulative to any remedies that each private school or private college or university may possess for enforcing its rules and regulations, including its rights to impose sanctions through fees and charges and its rights to discipline, deny service, and expel.

Amended by Act 2021, No. 535,§ 4, eff. 7/28/2021.

Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 12-61-125 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-125
National Guard Youth Challenge Program - Stipend
Status: in_force

(a) Juvenile participants in the Arkansas National Guard Youth Challenge Program at Camp Joseph T. Robinson receiving services from the Arkansas National Guard are authorized to receive a monetary stipend, not to exceed fifteen dollars ($15.00) per week to defray personal hygiene and other personal necessities, and a monetary stipend not to exceed two thousand two hundred dollars ($2,200) upon graduation from the program to defray costs for additional job training or education. (b) Juvenile participants are authorized to receive uniforms and clothing items as determined by the staff to be appropriate for effective participation in outdoor activities. Acts 1995, No. 639, § 17; 1997, No. 821, § 21.

(a) Juvenile participants in the Arkansas National Guard Youth Challenge Program at Camp Joseph T. Robinson receiving services from the Arkansas National Guard are authorized to receive a monetary stipend, not to exceed fifteen dollars ($15.00) per week to defray personal hygiene and other personal necessities, and a monetary stipend not to exceed two thousand two hundred dollars ($2,200) upon graduation from the program to defray costs for additional job training or education.

(b) Juvenile participants are authorized to receive uniforms and clothing items as determined by the staff to be appropriate for effective participation in outdoor activities.

Acts 1995, No. 639, § 17; 1997, No. 821, § 21.
Ark. Code Ann. § 12-18-618 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-618
Religious bias prohibited
Status: in_force

The Department of Human Services and the Department of Arkansas State Police shall investigate all allegations of child maltreatment without regard to the parent's practice of his or her religious beliefs and shall only consider whether the acts or omissions of the parent constitute child maltreatment under this chapter. Amended by Act 2015, No. 1004,§ 17, eff. 7/22/2015. Acts 2009, No. 749, § 1.

The Department of Human Services and the Department of Arkansas State Police shall investigate all allegations of child maltreatment without regard to the parent's practice of his or her religious beliefs and shall only consider whether the acts or omissions of the parent constitute child maltreatment under this chapter.

Amended by Act 2015, No. 1004,§ 17, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-28-108 — AR Code / Title 12 / Chapter 28 / Subchapter 1 / Section 12-28-108
Audit of firearms and ammunition
Status: in_force

(a) The Department of Corrections shall conduct an audit of the number and types of firearms and number and types of ammunition owned by and in the possession of the correctional facilities of the department annually and shall send a copy of the audit to the Secretary of the Department of Corrections for review. (b) The audit under subsection (a) of this section is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. Added by Act 2022, No. 203,§ 20, eff. 7/1/2022.

(a) The Department of Corrections shall conduct an audit of the number and types of firearms and number and types of ammunition owned by and in the possession of the correctional facilities of the department annually and shall send a copy of the audit to the Secretary of the Department of Corrections for review.

(b) The audit under subsection (a) of this section is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

Added by Act 2022, No. 203,§ 20, eff. 7/1/2022.
Ark. Code Ann. § 12-8-506 — AR Code / Title 12 / Chapter 8 / Subchapter 5 / Section 12-8-506
[Repealed]
Status: repealed

Repealed by Act 2017, No. 713,§ 3, eff. 8/1/2017. Acts 1997, No. 1240, § 6; 2005, No. 1466, § 3.

Repealed by Act 2017, No. 713,§ 3, eff. 8/1/2017.

Acts 1997, No. 1240, § 6; 2005, No. 1466, § 3.
Ark. Code Ann. § 12-62-709 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-709
Exercise of rights not to affect future financial transactions
Status: in_force

Application by a service member in military service for, or receipt of, a stay, postponement, or suspension under this subchapter in the payment of any fine, penalty, insurance premium, or other civil obligation or liability may not be used for any of the following: (1) A determination by any lender or other person that the service member is unable to pay any civil obligation or liability in accordance with its terms; (2) With respect to a credit transaction between a creditor and a service member: (A) A denial or revocation of credit by the creditor; (B) A change by the creditor in the terms of an existing credit arrangement; or (C) A refusal by the creditor to grant credit to the service member in substantially the amount or on substantially the terms requested; or (3) An adverse report relating to the creditworthiness of the service member by or to any person or entity engaged in the practice of assembling or evaluating consumer credit information. Acts 2003, No. 1003, § 9.

Application by a service member in military service for, or receipt of, a stay, postponement, or suspension under this subchapter in the payment of any fine, penalty, insurance premium, or other civil obligation or liability may not be used for any of the following:

(1) A determination by any lender or other person that the service member is unable to pay any civil obligation or liability in accordance with its terms;

(2) With respect to a credit transaction between a creditor and a service member: (A) A denial or revocation of credit by the creditor; (B) A change by the creditor in the terms of an existing credit arrangement; or (C) A refusal by the creditor to grant credit to the service member in substantially the amount or on substantially the terms requested; or

(A) A denial or revocation of credit by the creditor;

(B) A change by the creditor in the terms of an existing credit arrangement; or

(C) A refusal by the creditor to grant credit to the service member in substantially the amount or on substantially the terms requested; or

(3) An adverse report relating to the creditworthiness of the service member by or to any person or entity engaged in the practice of assembling or evaluating consumer credit information.

Acts 2003, No. 1003, § 9.
Ark. Code Ann. § 12-62-401 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-401
Privilege from arrest
Status: in_force

The organized militia shall be privileged from arrest during their attendance at muster and attendance at drills and in going to and returning from attendance at muster and drills in all cases except treason, felony, and breach of the peace. Acts 1969, No. 50, § 190; A.S.A. 1947, § 11-1001.

The organized militia shall be privileged from arrest during their attendance at muster and attendance at drills and in going to and returning from attendance at muster and drills in all cases except treason, felony, and breach of the peace.

Acts 1969, No. 50, § 190; A.S.A. 1947, § 11-1001.
Ark. Code Ann. § 12-63-209 — AR Code / Title 12 / Chapter 63 / Subchapter 2 / Section 12-63-209
Criminal trespass upon a military reservation - Penalty
Status: in_force

(a) A person commits the offense of criminal trespass upon a military reservation if he or she purposefully, and without authority, enters upon or remains unlawfully upon any military reservation, military armory, or other military building or property owned, leased, licensed, operated, occupied, maintained, or under the control or management of the State of Arkansas under the control and management of the Department of the Military. (b) Criminal trespass upon a military reservation or other military property is a Class A misdemeanor. Amended by Act 2019, No. 910,§ 5536, eff. 7/1/2019. Acts 1979, No. 895, § 3; 1983, No. 852, § 3; A.S.A. 1947, § 11-1814; Acts 1995, No. 951, § 1; 1997, No. 1201, § 4.

(a) A person commits the offense of criminal trespass upon a military reservation if he or she purposefully, and without authority, enters upon or remains unlawfully upon any military reservation, military armory, or other military building or property owned, leased, licensed, operated, occupied, maintained, or under the control or management of the State of Arkansas under the control and management of the Department of the Military.

(b) Criminal trespass upon a military reservation or other military property is a Class A misdemeanor.

Amended by Act 2019, No. 910,§ 5536, eff. 7/1/2019.

Acts 1979, No. 895, § 3; 1983, No. 852, § 3; A.S.A. 1947, § 11-1814; Acts 1995, No. 951, § 1; 1997, No. 1201, § 4.
Ark. Code Ann. § 12-27-203 — AR Code / Title 12 / Chapter 27 / Subchapter 2 / Section 12-27-203
Definitions
Status: in_force

As used in this subchapter: (1) "Incarcerated" means the condition of being committed to a state correctional facility; and (2) "Pay-for-success program" means a program in which the Division of Community Correction pays for intervention services only if certain performance targets are met, including without limitation a reduction in the reincarceration rate in Arkansas correctional facilities through intervention measures that focus on improving personal responsibility and decision making. Amended by Act 2019, No. 910,§ 773, eff. 7/1/2019. Added by Act 2015, No. 895,§ 9, eff. 4/1/2015.

As used in this subchapter:

(1) "Incarcerated" means the condition of being committed to a state correctional facility; and

(2) "Pay-for-success program" means a program in which the Division of Community Correction pays for intervention services only if certain performance targets are met, including without limitation a reduction in the reincarceration rate in Arkansas correctional facilities through intervention measures that focus on improving personal responsibility and decision making.

Amended by Act 2019, No. 910,§ 773, eff. 7/1/2019.

Added by Act 2015, No. 895,§ 9, eff. 4/1/2015.
Ark. Code Ann. § 12-29-116 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-116
Authority of director in case of alarm or danger
Status: in_force

The Director of the Department of Correction shall have the authority of a county sheriff over the power of the county in which a Department of Correction's prison or inmate camp is situated in all cases of alarm or danger at the prison or inmate camp, in the absence of the county sheriff or the county sheriff's inability to act. Amended by Act 2013, No. 295,§ 4, eff. 8/16/2013. Acts 1893, No. 76, § 56, p. 121; C. & M. Dig., § 9724; Pope's Dig., § 12755; A.S.A. 1947, § 46-164.

The Director of the Department of Correction shall have the authority of a county sheriff over the power of the county in which a Department of Correction's prison or inmate camp is situated in all cases of alarm or danger at the prison or inmate camp, in the absence of the county sheriff or the county sheriff's inability to act.

Amended by Act 2013, No. 295,§ 4, eff. 8/16/2013.

Acts 1893, No. 76, § 56, p. 121; C. & M. Dig., § 9724; Pope's Dig., § 12755; A.S.A. 1947, § 46-164.
Ark. Code Ann. § 12-27-135 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-135
Facility assignment
Status: in_force

(a) (1) In accordance with the rules and procedures promulgated by the Board of Corrections, the Director of the Division of Correction shall assign a newly committed inmate to an appropriate facility of the Division of Correction. (2) The director may transfer an inmate from one (1) facility to another consistent with the commitment and in accordance with treatment, training, and security needs. (b) All commitments to the division shall be to the division and not to a particular institution. Amended by Act 2019, No. 315,§ 888, eff. 7/24/2019. Acts 1993, No. 658, § 1.

(a) (1) In accordance with the rules and procedures promulgated by the Board of Corrections, the Director of the Division of Correction shall assign a newly committed inmate to an appropriate facility of the Division of Correction. (2) The director may transfer an inmate from one (1) facility to another consistent with the commitment and in accordance with treatment, training, and security needs.

(1) In accordance with the rules and procedures promulgated by the Board of Corrections, the Director of the Division of Correction shall assign a newly committed inmate to an appropriate facility of the Division of Correction.

(2) The director may transfer an inmate from one (1) facility to another consistent with the commitment and in accordance with treatment, training, and security needs.

(b) All commitments to the division shall be to the division and not to a particular institution.

Amended by Act 2019, No. 315,§ 888, eff. 7/24/2019.

Acts 1993, No. 658, § 1.