Ark. Code Ann. § 12-29-704 — AR Code / Title 12 / Chapter 29 / Subchapter 7 / Section 12-29-704
Maximum reduction
Status: in_force

An inmate sentenced to the Division of Correction shall not receive a reduction in his or her required service time under this subchapter, or this subchapter and another law jointly, if the reduction in his or her required service time exceeds the amount authorized for the offense in § 16-93-1801 et seq. Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.

An inmate sentenced to the Division of Correction shall not receive a reduction in his or her required service time under this subchapter, or this subchapter and another law jointly, if the reduction in his or her required service time exceeds the amount authorized for the offense in § 16-93-1801 et seq.

Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.
Ark. Code Ann. § 12-62-407 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-407
Exemption from traffic laws
Status: in_force

The military forces of the organized militia with official insignia displayed, while on authorized duty, shall not be restricted by municipal traffic regulations. They shall have the right of way on any street or highway through which they may pass against all, except carriers of the United States mail, fire engines, police vehicles, and hospital ambulances in the necessary performance of their respective duties. Acts 1991, No. 732, §§ 1-4, 6, 7.

The military forces of the organized militia with official insignia displayed, while on authorized duty, shall not be restricted by municipal traffic regulations. They shall have the right of way on any street or highway through which they may pass against all, except carriers of the United States mail, fire engines, police vehicles, and hospital ambulances in the necessary performance of their respective duties.

Acts 1991, No. 732, §§ 1-4, 6, 7.
Ark. Code Ann. § 12-18-202 — AR Code / Title 12 / Chapter 18 / Subchapter 2 / Section 12-18-202
Failure to notify by a mandated reporter in the second degree
Status: in_force

(a) A person commits the offense of failure to notify by a mandated reporter in the second degree if he or she: (1) Is a mandated reporter under this chapter; (2) Has: (A) Reasonable cause to suspect that a child has been subjected to child maltreatment; (B) Reasonable cause to suspect that a child has died as a result of child maltreatment; or (C) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment; and (3) Recklessly fails to notify the Child Abuse Hotline of the child maltreatment or suspected child maltreatment. (b) Failure to notify by a mandated reporter in the second degree is a Class C misdemeanor. (c) This section does not apply to a person who is a: (1) Mandated reporter under § 12-18-402(b)(43) ; and (2) Victim of any of the following committed by the same offender whom the person observed subjecting a child to abuse, sexual abuse, or sexual exploitation: (A) Domestic abuse as defined in § 9-4-102 ; (B) An offense involving physical injury, the threat or risk of physical injury, or apprehension of imminent physical injury; or (C) A sex offense as defined in § 12-12-903 . Amended by Act 2023, No. 727,§ 4, eff. 8/1/2023. Acts 2009, No. 749, § 1.

(a) A person commits the offense of failure to notify by a mandated reporter in the second degree if he or she: (1) Is a mandated reporter under this chapter; (2) Has: (A) Reasonable cause to suspect that a child has been subjected to child maltreatment; (B) Reasonable cause to suspect that a child has died as a result of child maltreatment; or (C) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment; and (3) Recklessly fails to notify the Child Abuse Hotline of the child maltreatment or suspected child maltreatment.

(1) Is a mandated reporter under this chapter;

(2) Has: (A) Reasonable cause to suspect that a child has been subjected to child maltreatment; (B) Reasonable cause to suspect that a child has died as a result of child maltreatment; or (C) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment; and

(A) Reasonable cause to suspect that a child has been subjected to child maltreatment;

(B) Reasonable cause to suspect that a child has died as a result of child maltreatment; or

(C) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment; and

(3) Recklessly fails to notify the Child Abuse Hotline of the child maltreatment or suspected child maltreatment.

(b) Failure to notify by a mandated reporter in the second degree is a Class C misdemeanor.

(c) This section does not apply to a person who is a: (1) Mandated reporter under § 12-18-402(b)(43) ; and (2) Victim of any of the following committed by the same offender whom the person observed subjecting a child to abuse, sexual abuse, or sexual exploitation: (A) Domestic abuse as defined in § 9-4-102 ; (B) An offense involving physical injury, the threat or risk of physical injury, or apprehension of imminent physical injury; or (C) A sex offense as defined in § 12-12-903 .

(1) Mandated reporter under § 12-18-402(b)(43) ; and

(2) Victim of any of the following committed by the same offender whom the person observed subjecting a child to abuse, sexual abuse, or sexual exploitation: (A) Domestic abuse as defined in § 9-4-102 ; (B) An offense involving physical injury, the threat or risk of physical injury, or apprehension of imminent physical injury; or (C) A sex offense as defined in § 12-12-903 .

(A) Domestic abuse as defined in § 9-4-102 ;

(B) An offense involving physical injury, the threat or risk of physical injury, or apprehension of imminent physical injury; or

(C) A sex offense as defined in § 12-12-903 .

Amended by Act 2023, No. 727,§ 4, eff. 8/1/2023.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-27-102 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-102
Enforcement of penalties - Report of crimes
Status: in_force

(a) All laws of this state prescribing penalties for violations concerned with or affecting the state penitentiary or inmates thereof shall be equally applicable to the Division of Correction and shall be enforced accordingly. (b) In the event any crime shall be committed in any institution of the division, it shall be the duty of the Director of the Division of Correction, or his or her designated employee, to report the crime to the county sheriff and prosecuting attorney of the county in which the institution is located in which the crime, or alleged crime, took place. Amended by Act 2019, No. 910,§ 729, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 22; A.S.A. 1947, § 46-131.

(a) All laws of this state prescribing penalties for violations concerned with or affecting the state penitentiary or inmates thereof shall be equally applicable to the Division of Correction and shall be enforced accordingly.

(b) In the event any crime shall be committed in any institution of the division, it shall be the duty of the Director of the Division of Correction, or his or her designated employee, to report the crime to the county sheriff and prosecuting attorney of the county in which the institution is located in which the crime, or alleged crime, took place.

Amended by Act 2019, No. 910,§ 729, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 22; A.S.A. 1947, § 46-131.
Ark. Code Ann. § 12-64-825 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-825
Subordinate compelling surrender
Status: in_force

Any person subject to this code who compels or attempts to compel the commander of any force of the organized militia of this state, or of any other state, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct. Acts 1969, No. 50, § 143; A.S.A. 1947, § 11-725.

Any person subject to this code who compels or attempts to compel the commander of any force of the organized militia of this state, or of any other state, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 143; A.S.A. 1947, § 11-725.
Ark. Code Ann. § 12-15-301 — AR Code / Title 12 / Chapter 15 / Subchapter 3 / Section 12-15-301
Sale of county-issued firearms to deputies
Status: in_force

(a) (1) When any county sheriff's deputy retires or otherwise honorably terminates employment with the county sheriff, the officer may purchase any firearm which had been issued to the officer by the county sheriff. (2) The county sheriff, with the approval of the county judge, may sell the firearm to the deputy at its fair market value as determined by the county sheriff. (b) In regard to the sale of such firearms, the county sheriff is not required to comply with any other law of this state regarding the sale of county property. Acts 1999, No. 451, § 1.

(a) (1) When any county sheriff's deputy retires or otherwise honorably terminates employment with the county sheriff, the officer may purchase any firearm which had been issued to the officer by the county sheriff. (2) The county sheriff, with the approval of the county judge, may sell the firearm to the deputy at its fair market value as determined by the county sheriff.

(1) When any county sheriff's deputy retires or otherwise honorably terminates employment with the county sheriff, the officer may purchase any firearm which had been issued to the officer by the county sheriff.

(2) The county sheriff, with the approval of the county judge, may sell the firearm to the deputy at its fair market value as determined by the county sheriff.

(b) In regard to the sale of such firearms, the county sheriff is not required to comply with any other law of this state regarding the sale of county property.

Acts 1999, No. 451, § 1.
Ark. Code Ann. § 12-10-319 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-319
[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. § 12-8-112 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-112
Headquarters - Identification Bureau
Status: in_force

(a) The Division of Arkansas State Police shall maintain headquarters and an Identification Bureau which shall be located at the State Capitol or elsewhere in Pulaski County. (b) The division may establish district headquarters in other parts of the state if it is found to be necessary for the better enforcement of the provisions of this chapter. The Director of the Division of Arkansas State Police shall have the authority to assign the personnel for the district headquarters when designated. Amended by Act 2019, No. 910,§ 5771, eff. 7/1/2019. Acts 1945, No. 231, § 11; A.S.A. 1947, § 42-411; Acts 2003, No. 1473, § 25.

(a) The Division of Arkansas State Police shall maintain headquarters and an Identification Bureau which shall be located at the State Capitol or elsewhere in Pulaski County.

(b) The division may establish district headquarters in other parts of the state if it is found to be necessary for the better enforcement of the provisions of this chapter. The Director of the Division of Arkansas State Police shall have the authority to assign the personnel for the district headquarters when designated.

Amended by Act 2019, No. 910,§ 5771, eff. 7/1/2019.

Acts 1945, No. 231, § 11; A.S.A. 1947, § 42-411; Acts 2003, No. 1473, § 25.
Ark. Code Ann. § 12-41-808 — AR Code / Title 12 / Chapter 41 / Subchapter 8 / Section 12-41-808
Abatement of loan balances
Status: in_force

Any loan balances accrued pursuant to the revolving loan fund account are abated. Acts 2001, No. 1468, § 2.

Any loan balances accrued pursuant to the revolving loan fund account are abated.

Acts 2001, No. 1468, § 2.
Ark. Code Ann. § 12-18-807 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-807
Administrative judgments and adjudications
Status: in_force

(a) If a court of competent jurisdiction adjudicates a question that is an issue to be determined by the Office of Appeals and Hearings, the prevailing party to the judicial adjudication who is also a party to the administrative adjudication shall file a copy of the judicial adjudication with the office. (b) (1) The office shall determine whether and to what extent the judicial adjudication has preclusive effect on the administrative adjudication by applying the principles of claim preclusion and issue preclusion. (2) The office shall not readjudicate any precluded issues. (c) If the judicial adjudication is modified or reversed, the office shall determine whether and to what extent any issue in the administrative adjudication remains precluded and shall schedule a hearing with respect to any matter that is no longer precluded. Amended by Act 2023, No. 364,§ 16, eff. 8/1/2023. Amended by Act 2013, No. 1006,§ 24, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) If a court of competent jurisdiction adjudicates a question that is an issue to be determined by the Office of Appeals and Hearings, the prevailing party to the judicial adjudication who is also a party to the administrative adjudication shall file a copy of the judicial adjudication with the office.

(b) (1) The office shall determine whether and to what extent the judicial adjudication has preclusive effect on the administrative adjudication by applying the principles of claim preclusion and issue preclusion. (2) The office shall not readjudicate any precluded issues.

(1) The office shall determine whether and to what extent the judicial adjudication has preclusive effect on the administrative adjudication by applying the principles of claim preclusion and issue preclusion.

(2) The office shall not readjudicate any precluded issues.

(c) If the judicial adjudication is modified or reversed, the office shall determine whether and to what extent any issue in the administrative adjudication remains precluded and shall schedule a hearing with respect to any matter that is no longer precluded.

Amended by Act 2023, No. 364,§ 16, eff. 8/1/2023.

Amended by Act 2013, No. 1006,§ 24, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-18-617 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-617
Authority to pursue other remedies
Status: in_force

(a) Notwithstanding an investigative determination finding of true but exempted, the Department of Human Services may pursue: (1) Any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction; and (2) Medical care or treatment for a child when such care or treatment is necessary to prevent or remedy serious harm to the child or to prevent the withholding of medically indicated treatment from a child with life-threatening conditions. (b) Except with respect to the withholding of medically indicated treatments from a disabled infant with life-threatening conditions, case-by-case determinations concerning the exercise of authority in this section shall be within the sole discretion of the department. Acts 2009, No. 749, § 1.

(a) Notwithstanding an investigative determination finding of true but exempted, the Department of Human Services may pursue: (1) Any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction; and (2) Medical care or treatment for a child when such care or treatment is necessary to prevent or remedy serious harm to the child or to prevent the withholding of medically indicated treatment from a child with life-threatening conditions.

(1) Any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction; and

(2) Medical care or treatment for a child when such care or treatment is necessary to prevent or remedy serious harm to the child or to prevent the withholding of medically indicated treatment from a child with life-threatening conditions.

(b) Except with respect to the withholding of medically indicated treatments from a disabled infant with life-threatening conditions, case-by-case determinations concerning the exercise of authority in this section shall be within the sole discretion of the department.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-30-215 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-215
Purchase for construction or operation of prison
Status: in_force

Any contractor or subcontractor who has entered into a contract with or for the benefit of a state board, state agency, or state-supported institution of higher education for constructing, equipping, or operating, in whole or in part, any facility of the board, agency, or institution may purchase goods produced by the Division of Correction and the Division of Community Correction for use in the performance of the contract. Amended by Act 2019, No. 910,§ 822, eff. 7/1/2019. Acts 1997, No. 877, § 1; 1999, No. 145, § 1.

Any contractor or subcontractor who has entered into a contract with or for the benefit of a state board, state agency, or state-supported institution of higher education for constructing, equipping, or operating, in whole or in part, any facility of the board, agency, or institution may purchase goods produced by the Division of Correction and the Division of Community Correction for use in the performance of the contract.

Amended by Act 2019, No. 910,§ 822, eff. 7/1/2019.

Acts 1997, No. 877, § 1; 1999, No. 145, § 1.
Ark. Code Ann. § 12-41-507 — AR Code / Title 12 / Chapter 41 / Subchapter 5 / Section 12-41-507
Securing of county jail
Status: in_force

(a) Whenever the county sheriff of any county of this state shall be of the opinion that the jail of his or her county is insufficient to secure the prisoners that may be therein committed, it shall be his or her duty to give notice thereof to the county court. (b) If the jail cannot be immediately repaired and made safe and secure, the county court may, by an order to be entered on its minutes, direct the county sheriff to employ guards sufficient for the guarding and safe-keeping of the prisoners. However, the guards shall in no instance exceed three (3) persons. (c) In case the insufficiency in the opinion of the county sheriff shall occur in vacation of the county court, it shall be the duty of the county sheriff to give notice to the county judge of such county and if the jail cannot be immediately repaired and made safe and secure, the county judge may, by an order in writing, direct the county sheriff to employ guards for the purpose, not exceeding the number provided for in subsection (b) of this section, for such length of time as he or she may deem necessary, not exceeding the second day of the actual meeting of the county court at any regular, adjourned, or special term. (d) A guard shall not be allowed a sum to exceed two dollars ($2.00) for each twenty-four (24) hours. Acts 1877, No. 72, § 1, p. 72; C. & M. Dig., § 6217; Pope's Dig., § 8180; A.S.A. 1947, § 46-412.

(a) Whenever the county sheriff of any county of this state shall be of the opinion that the jail of his or her county is insufficient to secure the prisoners that may be therein committed, it shall be his or her duty to give notice thereof to the county court.

(b) If the jail cannot be immediately repaired and made safe and secure, the county court may, by an order to be entered on its minutes, direct the county sheriff to employ guards sufficient for the guarding and safe-keeping of the prisoners. However, the guards shall in no instance exceed three (3) persons.

(c) In case the insufficiency in the opinion of the county sheriff shall occur in vacation of the county court, it shall be the duty of the county sheriff to give notice to the county judge of such county and if the jail cannot be immediately repaired and made safe and secure, the county judge may, by an order in writing, direct the county sheriff to employ guards for the purpose, not exceeding the number provided for in subsection (b) of this section, for such length of time as he or she may deem necessary, not exceeding the second day of the actual meeting of the county court at any regular, adjourned, or special term.

(d) A guard shall not be allowed a sum to exceed two dollars ($2.00) for each twenty-four (24) hours.

Acts 1877, No. 72, § 1, p. 72; C. & M. Dig., § 6217; Pope's Dig., § 8180; A.S.A. 1947, § 46-412.
Ark. Code Ann. § 12-42-118 — AR Code / Title 12 / Chapter 42 / Section 12-42-118
Appropriations
Status: in_force

At its annual or specially called meeting for making appropriations, the county court shall make the necessary appropriations to carry out the purposes of this section and §§ 12-42-103 , 12-42-108 , 12-42-114 , 12-42-115 , 16-90-405 , and 16-96-504 [repealed]. Acts 1899, No. 111, § 4, p. 179; C. & M. Dig., § 2084; Pope's Dig., § 2686; Acts 1961, No. 254, § 1; A.S.A. 1947, § 46-509.

At its annual or specially called meeting for making appropriations, the county court shall make the necessary appropriations to carry out the purposes of this section and §§ 12-42-103 , 12-42-108 , 12-42-114 , 12-42-115 , 16-90-405 , and 16-96-504 [repealed].

Acts 1899, No. 111, § 4, p. 179; C. & M. Dig., § 2084; Pope's Dig., § 2686; Acts 1961, No. 254, § 1; A.S.A. 1947, § 46-509.
Ark. Code Ann. § 12-62-414 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-414
Extensions for renewing certain documents - Paying certain fees
Status: in_force

(a) A member of the National Guard or reserve component of the United States Armed Forces who is a resident of this state and who is ordered to active duty or state active duty to a duty station located outside of this state shall be allowed an extension for: (1) Renewing a state: (A) License; (B) Permit; (C) Registration; (D) Credential; or (E) Certificate; and (2) Paying state: (A) Taxes; (B) Fees; (C) Assessments; or (D) Tuition. (b) The extension shall be allowed without penalty or assessment of a late fee. (c) The extension shall be effective for: (1) The period that the service member is serving on active duty or state active duty at a duty station located outside of this state; and (2) A period of at least ninety (90) days and not more than one (1) year after the service member is released from active duty or state active duty. (d) (1) Each department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education, shall promulgate rules to establish the length of the extension. (2) The extension established by rule shall be within the limits provided by this section. Amended by Act 2019, No. 315,§ 936, eff. 7/24/2019. Amended by Act 2019, No. 462,§ 12, eff. 7/24/2019. Amended by Act 2019, No. 462,§ 11, eff. 7/24/2019. Acts 2003, No. 996, § 1.

(a) A member of the National Guard or reserve component of the United States Armed Forces who is a resident of this state and who is ordered to active duty or state active duty to a duty station located outside of this state shall be allowed an extension for: (1) Renewing a state: (A) License; (B) Permit; (C) Registration; (D) Credential; or (E) Certificate; and (2) Paying state: (A) Taxes; (B) Fees; (C) Assessments; or (D) Tuition.

(1) Renewing a state: (A) License; (B) Permit; (C) Registration; (D) Credential; or (E) Certificate; and

(A) License;

(B) Permit;

(C) Registration;

(D) Credential; or

(E) Certificate; and

(2) Paying state: (A) Taxes; (B) Fees; (C) Assessments; or (D) Tuition.

(A) Taxes;

(B) Fees;

(C) Assessments; or

(D) Tuition.

(b) The extension shall be allowed without penalty or assessment of a late fee.

(c) The extension shall be effective for: (1) The period that the service member is serving on active duty or state active duty at a duty station located outside of this state; and (2) A period of at least ninety (90) days and not more than one (1) year after the service member is released from active duty or state active duty.

(1) The period that the service member is serving on active duty or state active duty at a duty station located outside of this state; and

(2) A period of at least ninety (90) days and not more than one (1) year after the service member is released from active duty or state active duty.

(d) (1) Each department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education, shall promulgate rules to establish the length of the extension. (2) The extension established by rule shall be within the limits provided by this section.

(1) Each department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education, shall promulgate rules to establish the length of the extension.

(2) The extension established by rule shall be within the limits provided by this section.

Amended by Act 2019, No. 315,§ 936, eff. 7/24/2019.

Amended by Act 2019, No. 462,§ 12, eff. 7/24/2019.

Amended by Act 2019, No. 462,§ 11, eff. 7/24/2019.

Acts 2003, No. 996, § 1.
Ark. Code Ann. § 12-51-302 — AR Code / Title 12 / Chapter 51 / Subchapter 3 / Section 12-51-302
Rulemaking functions of the interstate commission
Status: in_force

(a) The Interstate Commission for Adult Offender Supervision shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. (b) (1) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. (2) Such rulemaking shall substantially conform to the principles of the Federal Administrative Procedure Act, 5 U.S.C. § 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. app. 2, § 1 et seq., as may be amended, hereinafter "APA". (3) All rules and amendments shall become binding as of the date specified in each rule or amendment. (c) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state. (d) When promulgating a rule, the interstate commission shall: (1) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule; (2) Allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available; (3) Provide an opportunity for an informal hearing; and (4) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record. (e) Not later than sixty (60) days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia, or in the Federal District Court where the interstate commission's principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside. (f) Subjects to be addressed within twelve (12) months after the first meeting must at a minimum include: (1) Notice to victims and opportunity to be heard; (2) Offender registration and compliance; (3) Violations or returns; (4) Transfer procedures and forms; (5) Eligibility for transfer; (6) Collection of restitution and fees from offenders; (7) Data collection and reporting; (8) The level of supervision to be provided by the receiving state; (9) Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and (10) Mediation, arbitration, and dispute resolution. (g) The existing rules governing the operation of the previous compact superceded by this chapter shall be null and void twelve (12) months after the first meeting of the interstate commission created hereunder. (h) Upon determination by the interstate commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. Acts 2001, No. 253, § 1.

(a) The Interstate Commission for Adult Offender Supervision shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

(b) (1) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. (2) Such rulemaking shall substantially conform to the principles of the Federal Administrative Procedure Act, 5 U.S.C. § 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. app. 2, § 1 et seq., as may be amended, hereinafter "APA". (3) All rules and amendments shall become binding as of the date specified in each rule or amendment.

(1) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto.

(2) Such rulemaking shall substantially conform to the principles of the Federal Administrative Procedure Act, 5 U.S.C. § 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. app. 2, § 1 et seq., as may be amended, hereinafter "APA".

(3) All rules and amendments shall become binding as of the date specified in each rule or amendment.

(c) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

(d) When promulgating a rule, the interstate commission shall: (1) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule; (2) Allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available; (3) Provide an opportunity for an informal hearing; and (4) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.

(1) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;

(2) Allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available;

(3) Provide an opportunity for an informal hearing; and

(4) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.

(e) Not later than sixty (60) days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia, or in the Federal District Court where the interstate commission's principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.

(f) Subjects to be addressed within twelve (12) months after the first meeting must at a minimum include: (1) Notice to victims and opportunity to be heard; (2) Offender registration and compliance; (3) Violations or returns; (4) Transfer procedures and forms; (5) Eligibility for transfer; (6) Collection of restitution and fees from offenders; (7) Data collection and reporting; (8) The level of supervision to be provided by the receiving state; (9) Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and (10) Mediation, arbitration, and dispute resolution.

(1) Notice to victims and opportunity to be heard;

(2) Offender registration and compliance;

(3) Violations or returns;

(4) Transfer procedures and forms;

(5) Eligibility for transfer;

(6) Collection of restitution and fees from offenders;

(7) Data collection and reporting;

(8) The level of supervision to be provided by the receiving state;

(9) Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and

(10) Mediation, arbitration, and dispute resolution.

(g) The existing rules governing the operation of the previous compact superceded by this chapter shall be null and void twelve (12) months after the first meeting of the interstate commission created hereunder.

(h) Upon determination by the interstate commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-41-204 — AR Code / Title 12 / Chapter 41 / Subchapter 2 / Section 12-41-204
Financing
Status: in_force

(a) The governing body of a municipality or county contracting, as provided by §§ 12-41-202 and 12-41-203 , may finance its share of the construction, financing, operation, or management of the justice center by any means that it could finance the type of facilities in the center to be used or provided by the municipality or county. (b) The contract may take advantage of the availability of federal funds to finance any part of the center. Acts 1981, No. 696, § 3; A.S.A. 1947, § 46-1603.

(a) The governing body of a municipality or county contracting, as provided by §§ 12-41-202 and 12-41-203 , may finance its share of the construction, financing, operation, or management of the justice center by any means that it could finance the type of facilities in the center to be used or provided by the municipality or county.

(b) The contract may take advantage of the availability of federal funds to finance any part of the center.

Acts 1981, No. 696, § 3; A.S.A. 1947, § 46-1603.
Ark. Code Ann. § 12-64-519 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-519
Refusal to appear or testify
Status: in_force

Any person not subject to this code is guilty of an offense against the state and may be punished in the same manner as if committed before civil courts of the state if he or she: (1) Has been duly subpoenaed to appear as a witness or to produce books and reports before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court; (2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the circuit court of the state; and (3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce. Acts 1969, No. 50, § 93; A.S.A. 1947, § 11-648.

Any person not subject to this code is guilty of an offense against the state and may be punished in the same manner as if committed before civil courts of the state if he or she:

(1) Has been duly subpoenaed to appear as a witness or to produce books and reports before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court;

(2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the circuit court of the state; and

(3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce.

Acts 1969, No. 50, § 93; A.S.A. 1947, § 11-648.
Ark. Code Ann. § 12-12-1005 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1005
Identification Bureau
Status: in_force

(a) The Identification Bureau of the Division of Arkansas State Police shall collect and maintain fingerprint identification records required to be reported by this subchapter. (b) The Identification Bureau of the Division of Arkansas State Police shall provide arrest and identification information for inclusion in the computerized criminal history file, as specified by the Arkansas Crime Information Center. (c) (1) Arkansas shall be a single-source state for the submission of fingerprint cards or fingerprint images to the Federal Bureau of Investigation. (2) All fingerprint cards or fingerprint images, under the provisions of this subchapter, shall be submitted by Arkansas law enforcement agencies to the Identification Bureau of the Division of Arkansas State Police. (d) (1) A background check request for a noncriminal justice purpose that must be completed under state or federal law through the Division of Arkansas State Police shall be submitted to the division by livescan through the Online Criminal Background Check System. (2) This subsection does not apply to a submission originating outside the State of Arkansas. Amended by Act 2023, No. 784,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 630,§ 2, eff. 7/28/2021. Acts 1993, No. 1109, § 4; 1997, No. 826, § 4.

(a) The Identification Bureau of the Division of Arkansas State Police shall collect and maintain fingerprint identification records required to be reported by this subchapter.

(b) The Identification Bureau of the Division of Arkansas State Police shall provide arrest and identification information for inclusion in the computerized criminal history file, as specified by the Arkansas Crime Information Center.

(c) (1) Arkansas shall be a single-source state for the submission of fingerprint cards or fingerprint images to the Federal Bureau of Investigation. (2) All fingerprint cards or fingerprint images, under the provisions of this subchapter, shall be submitted by Arkansas law enforcement agencies to the Identification Bureau of the Division of Arkansas State Police.

(1) Arkansas shall be a single-source state for the submission of fingerprint cards or fingerprint images to the Federal Bureau of Investigation.

(2) All fingerprint cards or fingerprint images, under the provisions of this subchapter, shall be submitted by Arkansas law enforcement agencies to the Identification Bureau of the Division of Arkansas State Police.

(d) (1) A background check request for a noncriminal justice purpose that must be completed under state or federal law through the Division of Arkansas State Police shall be submitted to the division by livescan through the Online Criminal Background Check System. (2) This subsection does not apply to a submission originating outside the State of Arkansas.

(1) A background check request for a noncriminal justice purpose that must be completed under state or federal law through the Division of Arkansas State Police shall be submitted to the division by livescan through the Online Criminal Background Check System.

(2) This subsection does not apply to a submission originating outside the State of Arkansas.

Amended by Act 2023, No. 784,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 630,§ 2, eff. 7/28/2021.

Acts 1993, No. 1109, § 4; 1997, No. 826, § 4.
Ark. Code Ann. § 12-27-144 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-144
Division of Community Correction - Receipt of grant money for certain purposes
Status: in_force

(a) The Division of Community Correction may receive money from any source to be deposited into the Accountability Court Fund to be used for adult and juvenile specialty court programs as defined under § 16-10-139 , based upon a formula to be developed by the Arkansas Judicial Council, Inc., reviewed by the Specialty Court Program Advisory Committee, and approved by the Legislative Council. (b) The division may promulgate rules to implement this section. Amended by Act 2019, No. 910,§ 765, eff. 7/1/2019. Added by Act 2015, No. 895,§ 8, eff. 4/1/2015.

(a) The Division of Community Correction may receive money from any source to be deposited into the Accountability Court Fund to be used for adult and juvenile specialty court programs as defined under § 16-10-139 , based upon a formula to be developed by the Arkansas Judicial Council, Inc., reviewed by the Specialty Court Program Advisory Committee, and approved by the Legislative Council.

(b) The division may promulgate rules to implement this section.

Amended by Act 2019, No. 910,§ 765, eff. 7/1/2019.

Added by Act 2015, No. 895,§ 8, eff. 4/1/2015.
Ark. Code Ann. § 12-14-108 — AR Code / Title 12 / Chapter 14 / Section 12-14-108
Award of pistol upon retirement or death
Status: in_force

When a State Capitol Police officer retires from service or dies while still employed with the State Capitol Police, in recognition of and appreciation for the service of the retiring or deceased officer, the Secretary of State may award the pistol carried by the officer at the time of his or her death or retirement from service to: (1) The officer; or (2) The officer's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm. Acts 2005, No. 167, § 4.

When a State Capitol Police officer retires from service or dies while still employed with the State Capitol Police, in recognition of and appreciation for the service of the retiring or deceased officer, the Secretary of State may award the pistol carried by the officer at the time of his or her death or retirement from service to:

(1) The officer; or

(2) The officer's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm.

Acts 2005, No. 167, § 4.
Ark. Code Ann. § 12-14-107 — AR Code / Title 12 / Chapter 14 / Section 12-14-107
Assignment of officer to Senate
Status: in_force

(a) (1) Upon request, one (1) member of the State Capitol Police shall be assigned to the Senate. (2) The officer shall be selected by the Chair of the Senate Efficiency Committee or his or her designee in charge of security procedures for the Senate. (b) The officer shall remain a full-time employee of the State Capitol Police with accrued benefits and remain on duty with the State Capitol Police when not on call with the Senate. Acts 1997, No. 976, § 19.

(a) (1) Upon request, one (1) member of the State Capitol Police shall be assigned to the Senate. (2) The officer shall be selected by the Chair of the Senate Efficiency Committee or his or her designee in charge of security procedures for the Senate.

(1) Upon request, one (1) member of the State Capitol Police shall be assigned to the Senate.

(2) The officer shall be selected by the Chair of the Senate Efficiency Committee or his or her designee in charge of security procedures for the Senate.

(b) The officer shall remain a full-time employee of the State Capitol Police with accrued benefits and remain on duty with the State Capitol Police when not on call with the Senate.

Acts 1997, No. 976, § 19.
Ark. Code Ann. § 12-12-1905 — AR Code / Title 12 / Chapter 12 / Subchapter 19 / Section 12-12-1905
Additional duties of Arkansas Crime Information Center
Status: in_force

The Arkansas Crime Information Center shall make available the contact information obtained under § 12-12-1904 on at least a quarterly basis or immediately as changes occur to each public safety agency in the state. Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019. Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.

The Arkansas Crime Information Center shall make available the contact information obtained under § 12-12-1904 on at least a quarterly basis or immediately as changes occur to each public safety agency in the state.

Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019.

Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 12-88-109 — AR Code / Title 12 / Chapter 88 / Section 12-88-109
Administration - Rules
Status: in_force

The Arkansas Department of Emergency Management shall: (1) (A) Promulgate rules necessary to administer and implement this chapter. (B) The Arkansas Department of Emergency Management shall consult with the Department of Finance and Administration in promulgating rules relating to the application of and exemption from state and local taxes to out-of-state businesses and out-of-state employees under this chapter; (2) Develop and issue forms and procedures to facilitate the implementation of this chapter; and (3) Maintain a public record of any designations of disasters or emergencies in the state. Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.

The Arkansas Department of Emergency Management shall:

(1) (A) Promulgate rules necessary to administer and implement this chapter. (B) The Arkansas Department of Emergency Management shall consult with the Department of Finance and Administration in promulgating rules relating to the application of and exemption from state and local taxes to out-of-state businesses and out-of-state employees under this chapter;

(A) Promulgate rules necessary to administer and implement this chapter.

(B) The Arkansas Department of Emergency Management shall consult with the Department of Finance and Administration in promulgating rules relating to the application of and exemption from state and local taxes to out-of-state businesses and out-of-state employees under this chapter;

(2) Develop and issue forms and procedures to facilitate the implementation of this chapter; and

(3) Maintain a public record of any designations of disasters or emergencies in the state.

Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Ark. Code Ann. § 12-12-1505 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1505
Disposition of data to the central repository
Status: in_force

(a) Criminal history information shall be submitted to the Arkansas Crime Information Center as required under § 12-12-1007 . (b) The central repository shall enter these disposition records in an expeditious manner. (c) Criminal history information provided to the central repository or the Department of Arkansas State Police shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. Acts 2003 (1st Ex. Sess.), No. 63, § 5.

(a) Criminal history information shall be submitted to the Arkansas Crime Information Center as required under § 12-12-1007 .

(b) The central repository shall enter these disposition records in an expeditious manner.

(c) Criminal history information provided to the central repository or the Department of Arkansas State Police shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

Acts 2003 (1st Ex. Sess.), No. 63, § 5.
Ark. Code Ann. § 12-9-603 — AR Code / Title 12 / Chapter 9 / Subchapter 6 / Section 12-9-603
Certification review
Status: in_force

When an employing agency reports that a law enforcement officer was separated from employment or appointment for one (1) or more of the reasons specified in § 12-9-602(b)(2) , the Arkansas Commission on Law Enforcement Standards and Training shall review the certification of the law enforcement officer, the law enforcement officer's eligibility for certification, and the law enforcement officer's ability to act as a law enforcement officer, to determine whether to suspend or revoke the law enforcement officer's: (1) Certification; (2) Eligibility for certification; or (3) Ability to act as a law enforcement officer. Amended by Act 2019, No. 151,§ 9, eff. 7/24/2019. Acts 1997, No. 949, § 1.

When an employing agency reports that a law enforcement officer was separated from employment or appointment for one (1) or more of the reasons specified in § 12-9-602(b)(2) , the Arkansas Commission on Law Enforcement Standards and Training shall review the certification of the law enforcement officer, the law enforcement officer's eligibility for certification, and the law enforcement officer's ability to act as a law enforcement officer, to determine whether to suspend or revoke the law enforcement officer's:

(1) Certification;

(2) Eligibility for certification; or

(3) Ability to act as a law enforcement officer.

Amended by Act 2019, No. 151,§ 9, eff. 7/24/2019.

Acts 1997, No. 949, § 1.
Ark. Code Ann. § 12-6-303 — AR Code / Title 12 / Chapter 6 / Subchapter 3 / Section 12-6-303
Use of number of arrests
Status: in_force

(a) No state or local agency employing law enforcement officers engaged in the enforcement of any motor vehicle traffic laws may use the number of arrests or citations issued by a law enforcement officer as the sole criterion for promotion, demotion, or dismissal, or the earning of any benefit provided by the agency. (b) Any such arrests or citations and their ultimate dispositions may only be considered in evaluating the overall performance of a law enforcement officer. Acts 1995, No. 952, § 3.

(a) No state or local agency employing law enforcement officers engaged in the enforcement of any motor vehicle traffic laws may use the number of arrests or citations issued by a law enforcement officer as the sole criterion for promotion, demotion, or dismissal, or the earning of any benefit provided by the agency.

(b) Any such arrests or citations and their ultimate dispositions may only be considered in evaluating the overall performance of a law enforcement officer.

Acts 1995, No. 952, § 3.
Ark. Code Ann. § 12-86-202 — AR Code / Title 12 / Chapter 86 / Subchapter 2 / Section 12-86-202
Legislative intent
Status: in_force

The General Assembly finds that: (1) Early care and education facilities at which children from birth to four (4) years of age and school-age children may spend part or all of their days may not be known to emergency preparedness agencies and thus may be overlooked in first response activities and in recovery planning following major disasters; (2) The health and social-emotional, cognitive, and physical development of young children may be compromised by severe traumatic experiences; (3) Teachers and caregivers of young children will improve the children's health and well being by being prepared for orderly evacuations and rapid reunification of young children with their parents during emergencies; (4) Child care facilities are crucial to the economic redevelopment of communities following major disasters; and (5) State child care and emergency management agencies should take steps to share data and coordinate planning, response, and recovery of child care facilities during and after major disasters. Acts 2007, No. 816, § 2.

The General Assembly finds that:

(1) Early care and education facilities at which children from birth to four (4) years of age and school-age children may spend part or all of their days may not be known to emergency preparedness agencies and thus may be overlooked in first response activities and in recovery planning following major disasters;

(2) The health and social-emotional, cognitive, and physical development of young children may be compromised by severe traumatic experiences;

(3) Teachers and caregivers of young children will improve the children's health and well being by being prepared for orderly evacuations and rapid reunification of young children with their parents during emergencies;

(4) Child care facilities are crucial to the economic redevelopment of communities following major disasters; and

(5) State child care and emergency management agencies should take steps to share data and coordinate planning, response, and recovery of child care facilities during and after major disasters.

Acts 2007, No. 816, § 2.
Ark. Code Ann. § 12-41-107 — AR Code / Title 12 / Chapter 41 / Subchapter 1 / Section 12-41-107
Medical services billing to a local correctional facility - Definitions
Status: in_force

(a) As used in this section: (1) "Healthcare professional" means an individual or entity that is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession or as a function of an entity's administration of the practice of medicine; (2) "Local correctional facility" means a county jail, a city jail, regional jail, criminal justice center, or county house of correction that is not operated by the Division of Correction, the Division of Community Correction, or a federal correctional agency; and (3) "Medicaid reimbursement rate" means the prevailing cost paid by the Arkansas Medicaid Program for a particular medical service or treatment established by the Division of Medical Services in the Arkansas Medicaid Program fee schedules for a particular medical service, treatment, or medical code. (b) A healthcare professional that provides medical service or treatment to a local correctional facility under this chapter for the benefit of an inmate housed in a local correctional facility for which the local correctional facility is responsible for payment shall not charge the local correctional facility more than the Medicaid reimbursement rate for the same or similar medical service or treatment. Amended by Act 2019, No. 910,§ 838, eff. 7/1/2019. Added by Act 2015, No. 895,§ 14, eff. 4/1/2015.

(a) As used in this section: (1) "Healthcare professional" means an individual or entity that is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession or as a function of an entity's administration of the practice of medicine; (2) "Local correctional facility" means a county jail, a city jail, regional jail, criminal justice center, or county house of correction that is not operated by the Division of Correction, the Division of Community Correction, or a federal correctional agency; and (3) "Medicaid reimbursement rate" means the prevailing cost paid by the Arkansas Medicaid Program for a particular medical service or treatment established by the Division of Medical Services in the Arkansas Medicaid Program fee schedules for a particular medical service, treatment, or medical code.

(1) "Healthcare professional" means an individual or entity that is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession or as a function of an entity's administration of the practice of medicine;

(2) "Local correctional facility" means a county jail, a city jail, regional jail, criminal justice center, or county house of correction that is not operated by the Division of Correction, the Division of Community Correction, or a federal correctional agency; and

(3) "Medicaid reimbursement rate" means the prevailing cost paid by the Arkansas Medicaid Program for a particular medical service or treatment established by the Division of Medical Services in the Arkansas Medicaid Program fee schedules for a particular medical service, treatment, or medical code.

(b) A healthcare professional that provides medical service or treatment to a local correctional facility under this chapter for the benefit of an inmate housed in a local correctional facility for which the local correctional facility is responsible for payment shall not charge the local correctional facility more than the Medicaid reimbursement rate for the same or similar medical service or treatment.

Amended by Act 2019, No. 910,§ 838, eff. 7/1/2019.

Added by Act 2015, No. 895,§ 14, eff. 4/1/2015.
Ark. Code Ann. § 12-64-512 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-512
Continuances
Status: in_force

A court-martial may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just. Acts 1969, No. 50, § 86; A.S.A. 1947, § 11-641.

A court-martial may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just.

Acts 1969, No. 50, § 86; A.S.A. 1947, § 11-641.
Ark. Code Ann. § 12-13-107 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-107
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 14, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 873, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5863, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5402, eff. 7/1/2019. Acts 1955, No. 254, §§ 5, 6; A.S.A. 1947, §§ 82-810, 82-811.

Repealed by Act 2023, No. 841,§ 14, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 873, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5863, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5402, eff. 7/1/2019.

Acts 1955, No. 254, §§ 5, 6; A.S.A. 1947, §§ 82-810, 82-811.
Ark. Code Ann. § 12-9-307 — AR Code / Title 12 / Chapter 9 / Subchapter 3 / Section 12-9-307
Benefits
Status: in_force

(a) The auxiliary law enforcement officer or the governing political subdivision may elect to join the workers' compensation system for the benefit of the auxiliary law enforcement officer, and the auxiliary law enforcement officer may receive benefits therefrom as provided by statutes. (b) The political subdivision may elect to provide liability insurance, uniforms, and such other equipment as may be necessary to perform the assigned tasks, and these provisions shall not be considered as salary or wages. (c) An auxiliary law enforcement officer may receive such compensation, per diem, expenses, or other allowances for his or her services, for such purposes as transporting juveniles, as may be agreed to by the appointing authority. Amended by Act 2019, No. 151,§ 5, eff. 7/24/2019. Acts 1983, No. 757, § 7; A.S.A. 1947, § 42-1407; Acts 1994 (2nd Ex. Sess.), No. 12, § 2.

(a) The auxiliary law enforcement officer or the governing political subdivision may elect to join the workers' compensation system for the benefit of the auxiliary law enforcement officer, and the auxiliary law enforcement officer may receive benefits therefrom as provided by statutes.

(b) The political subdivision may elect to provide liability insurance, uniforms, and such other equipment as may be necessary to perform the assigned tasks, and these provisions shall not be considered as salary or wages.

(c) An auxiliary law enforcement officer may receive such compensation, per diem, expenses, or other allowances for his or her services, for such purposes as transporting juveniles, as may be agreed to by the appointing authority.

Amended by Act 2019, No. 151,§ 5, eff. 7/24/2019.

Acts 1983, No. 757, § 7; A.S.A. 1947, § 42-1407; Acts 1994 (2nd Ex. Sess.), No. 12, § 2.
Ark. Code Ann. § 12-62-502 — AR Code / Title 12 / Chapter 62 / Subchapter 5 / Section 12-62-502
Definitions
Status: in_force

As used in this subchapter: (1) "Approved institution" means an Arkansas public or private postsecondary institution that is accredited or has achieved candidacy status from the Higher Learning Commission or is a technical institute or comprehensive lifelong learning center under the supervision of the Division of Higher Education; (2) "Eligible member" means both nonprior service and prior service persons who are otherwise qualified, whether or not currently serving, who are enlisting or extending their enlistment in the Arkansas National Guard for a period of at least six (6) years; (3) "High personnel readiness units" means those units with special manpower needs as designated by the Adjutant General pursuant to rule, based upon: (A) The mobilization priority of the unit; (B) The difficulty of attracting, qualifying, and enlisting new members; (C) The ability to maintain acceptable strength levels within the unit; and (D) Such other factors as the Adjutant General may deem appropriate; and (4) "Qualified applicant" means an eligible member who: (A) Has met all requirements for enlistment or reenlistment and has enlisted in a position vacancy in a unit designated as a high personnel readiness unit; (B) Has a sufficient score to be rated as category IIIA or higher based upon scores on standard military tests (score of 50 or higher on the Armed Services Vocational Aptitude Battery or equivalent); (C) Meets and continues to meet Good Soldier or Good Airman criteria as set by the Adjutant General; (D) Is a secondary school graduate or is expected to graduate from secondary school within two (2) years; (E) Is not currently pursuing a postgraduate degree; (F) Is not a permanent civilian technician or member of the active National Guard or Reserve, or extending or enlisting for the purpose of becoming either; and (G) Meets the current scholastic criteria of and is currently approved to receive a student loan under any state or federal program approved by the Division of Higher Education, and is, or will be upon approval of such loan, enrolled as a full-time student in good standing at an approved institution. Amended by Act 2019, No. 315,§ 937, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2229, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2228, eff. 7/1/2019. Acts 1995, No. 187, § 2; 1995, No. 265, § 2.

As used in this subchapter:

(1) "Approved institution" means an Arkansas public or private postsecondary institution that is accredited or has achieved candidacy status from the Higher Learning Commission or is a technical institute or comprehensive lifelong learning center under the supervision of the Division of Higher Education;

(2) "Eligible member" means both nonprior service and prior service persons who are otherwise qualified, whether or not currently serving, who are enlisting or extending their enlistment in the Arkansas National Guard for a period of at least six (6) years;

(3) "High personnel readiness units" means those units with special manpower needs as designated by the Adjutant General pursuant to rule, based upon: (A) The mobilization priority of the unit; (B) The difficulty of attracting, qualifying, and enlisting new members; (C) The ability to maintain acceptable strength levels within the unit; and (D) Such other factors as the Adjutant General may deem appropriate; and

(A) The mobilization priority of the unit;

(B) The difficulty of attracting, qualifying, and enlisting new members;

(C) The ability to maintain acceptable strength levels within the unit; and

(D) Such other factors as the Adjutant General may deem appropriate; and

(4) "Qualified applicant" means an eligible member who: (A) Has met all requirements for enlistment or reenlistment and has enlisted in a position vacancy in a unit designated as a high personnel readiness unit; (B) Has a sufficient score to be rated as category IIIA or higher based upon scores on standard military tests (score of 50 or higher on the Armed Services Vocational Aptitude Battery or equivalent); (C) Meets and continues to meet Good Soldier or Good Airman criteria as set by the Adjutant General; (D) Is a secondary school graduate or is expected to graduate from secondary school within two (2) years; (E) Is not currently pursuing a postgraduate degree; (F) Is not a permanent civilian technician or member of the active National Guard or Reserve, or extending or enlisting for the purpose of becoming either; and (G) Meets the current scholastic criteria of and is currently approved to receive a student loan under any state or federal program approved by the Division of Higher Education, and is, or will be upon approval of such loan, enrolled as a full-time student in good standing at an approved institution.

(A) Has met all requirements for enlistment or reenlistment and has enlisted in a position vacancy in a unit designated as a high personnel readiness unit;

(B) Has a sufficient score to be rated as category IIIA or higher based upon scores on standard military tests (score of 50 or higher on the Armed Services Vocational Aptitude Battery or equivalent);

(C) Meets and continues to meet Good Soldier or Good Airman criteria as set by the Adjutant General;

(D) Is a secondary school graduate or is expected to graduate from secondary school within two (2) years;

(E) Is not currently pursuing a postgraduate degree;

(F) Is not a permanent civilian technician or member of the active National Guard or Reserve, or extending or enlisting for the purpose of becoming either; and

(G) Meets the current scholastic criteria of and is currently approved to receive a student loan under any state or federal program approved by the Division of Higher Education, and is, or will be upon approval of such loan, enrolled as a full-time student in good standing at an approved institution.

Amended by Act 2019, No. 315,§ 937, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2229, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2228, eff. 7/1/2019.

Acts 1995, No. 187, § 2; 1995, No. 265, § 2.
Ark. Code Ann. § 12-12-1719 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1719
Delegation of authority
Status: in_force

The Secretary of the Department of Human Services may assign responsibilities for administering the various duties imposed upon the Department of Human Services under this subchapter to respective divisions of the department that in the secretary's opinion are best able to render service or administer the provisions of this subchapter. Amended by Act 2019, No. 910,§ 5155, eff. 7/1/2019. Acts 2005, No. 1812, § 1.

The Secretary of the Department of Human Services may assign responsibilities for administering the various duties imposed upon the Department of Human Services under this subchapter to respective divisions of the department that in the secretary's opinion are best able to render service or administer the provisions of this subchapter.

Amended by Act 2019, No. 910,§ 5155, eff. 7/1/2019.

Acts 2005, No. 1812, § 1.
Ark. Code Ann. § 12-30-405 — AR Code / Title 12 / Chapter 30 / Subchapter 4 / Section 12-30-405
Contracts for inmate labor
Status: in_force

The Division of Correction may make contractual arrangements for use of inmate labor by the following prioritized list: (1) Other state departments, divisions, and agencies; (2) Counties, cities, and school districts; and (3) Civic organizations, other nonprofit organizations, and private citizens, including, but not limited to, those responsible for the preservation of natural resources or other public works. Amended by Act 2019, No. 910,§ 831, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 9; 1971, No. 465, § 1; 1977, No. 482, § 5; 1981, No. 58, § 2; 1983, No. 309, § 1; 1983, No. 440, § 1; 1983, No. 814, § 1; A.S.A. 1947, § 46-117.

The Division of Correction may make contractual arrangements for use of inmate labor by the following prioritized list:

(1) Other state departments, divisions, and agencies;

(2) Counties, cities, and school districts; and

(3) Civic organizations, other nonprofit organizations, and private citizens, including, but not limited to, those responsible for the preservation of natural resources or other public works.

Amended by Act 2019, No. 910,§ 831, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 9; 1971, No. 465, § 1; 1977, No. 482, § 5; 1981, No. 58, § 2; 1983, No. 309, § 1; 1983, No. 440, § 1; 1983, No. 814, § 1; A.S.A. 1947, § 46-117.
Ark. Code Ann. § 12-64-515 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-515
Pleas of the accused
Status: in_force

If an accused arraigned before a court-martial makes an irregular pleading, or enters a plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he or she fails or refuses to plead, a plea of not guilty shall be entered in the record and the court shall proceed as though he or she had pleaded not guilty. Acts 1969, No. 50, § 91; A.S.A. 1947, § 11-646.

If an accused arraigned before a court-martial makes an irregular pleading, or enters a plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he or she fails or refuses to plead, a plea of not guilty shall be entered in the record and the court shall proceed as though he or she had pleaded not guilty.

Acts 1969, No. 50, § 91; A.S.A. 1947, § 11-646.
Ark. Code Ann. § 12-12-323 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-323
Crime Lab Equipment Fund
Status: in_force

(a) There is created the Crime Lab Equipment Fund on the books of the Auditor of State, the Treasurer of State, and the Chief Fiscal Officer of the State. (b) The moneys in the fund shall be used by the State Crime Laboratory only for: (1) The purchase of equipment; (2) Operating expenses; (3) Constructing and equipping regional crime laboratories; and (4) The personal services and operating expenses of regional crime laboratories. Acts 1999, No. 1120, § 3; 2001, No. 1066, § 1; 2001, No. 1642, § 3.

(a) There is created the Crime Lab Equipment Fund on the books of the Auditor of State, the Treasurer of State, and the Chief Fiscal Officer of the State.

(b) The moneys in the fund shall be used by the State Crime Laboratory only for: (1) The purchase of equipment; (2) Operating expenses; (3) Constructing and equipping regional crime laboratories; and (4) The personal services and operating expenses of regional crime laboratories.

(1) The purchase of equipment;

(2) Operating expenses;

(3) Constructing and equipping regional crime laboratories; and

(4) The personal services and operating expenses of regional crime laboratories.

Acts 1999, No. 1120, § 3; 2001, No. 1066, § 1; 2001, No. 1642, § 3.
Ark. Code Ann. § 12-12-201 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-201
Creation - Director
Status: in_force

(a) There is created the Arkansas Crime Information Center, under the supervision of the Supervisory Board for the Arkansas Crime Information Center established by this subchapter. (b) This center shall consist of the Director of the Arkansas Crime Information Center and such other staff of the Department of Public Safety under the general supervision of the director as may be necessary to administer the services of this subchapter, subject to the approval of funds authorized by the General Assembly. (c) The board shall name the director in consultation with the Secretary of the Department of Public Safety. Amended by Act 2019, No. 910,§ 5840, eff. 7/1/2019. Acts 1971, No. 286, § 1; 1975, No. 742, § 1; A.S.A. 1947, § 5-1101.

(a) There is created the Arkansas Crime Information Center, under the supervision of the Supervisory Board for the Arkansas Crime Information Center established by this subchapter.

(b) This center shall consist of the Director of the Arkansas Crime Information Center and such other staff of the Department of Public Safety under the general supervision of the director as may be necessary to administer the services of this subchapter, subject to the approval of funds authorized by the General Assembly.

(c) The board shall name the director in consultation with the Secretary of the Department of Public Safety.

Amended by Act 2019, No. 910,§ 5840, eff. 7/1/2019.

Acts 1971, No. 286, § 1; 1975, No. 742, § 1; A.S.A. 1947, § 5-1101.
Ark. Code Ann. § 12-64-811 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-811
Missing movement
Status: in_force

Any person subject to this code who through neglect or design misses the movement of a military unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct. Acts 1969, No. 50, § 130; A.S.A. 1947, § 11-712.

Any person subject to this code who through neglect or design misses the movement of a military unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 130; A.S.A. 1947, § 11-712.
Ark. Code Ann. § 12-8-121 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-121
Use of state uniform, patch, or logo prohibited
Status: in_force

(a) It shall be prohibited for any law enforcement agency, private security firm, corporation, partnership, or individual to wear a uniform in the same design and specific color scheme as the Division of Arkansas State Police. (b) No law enforcement agency, private security firm, corporation, partnership, or individual may use the Arkansas State Police uniform or patch, nor may the Arkansas State Police logo or the terms "Arkansas State Police", "Arkansas State Trooper", or "Arkansas State Troopers" be used or otherwise displayed for the endorsement of any product, business, or purpose without the express written permission of the Director of the Division of Arkansas State Police. (c) Nothing in this section shall prohibit uniforms or commercial concerns from reproducing these items for division use, nor the public display of the uniform, patch, or logo when it relates to official governmental business. Amended by Act 2019, No. 910,§ 5779, eff. 7/1/2019. Acts 1995, No. 935, §§ 1-3; 2001, No. 1094, § 1.

(a) It shall be prohibited for any law enforcement agency, private security firm, corporation, partnership, or individual to wear a uniform in the same design and specific color scheme as the Division of Arkansas State Police.

(b) No law enforcement agency, private security firm, corporation, partnership, or individual may use the Arkansas State Police uniform or patch, nor may the Arkansas State Police logo or the terms "Arkansas State Police", "Arkansas State Trooper", or "Arkansas State Troopers" be used or otherwise displayed for the endorsement of any product, business, or purpose without the express written permission of the Director of the Division of Arkansas State Police.

(c) Nothing in this section shall prohibit uniforms or commercial concerns from reproducing these items for division use, nor the public display of the uniform, patch, or logo when it relates to official governmental business.

Amended by Act 2019, No. 910,§ 5779, eff. 7/1/2019.

Acts 1995, No. 935, §§ 1-3; 2001, No. 1094, § 1.
Ark. Code Ann. § 12-10-201 — AR Code / Title 12 / Chapter 10 / Subchapter 2 / Section 12-10-201
Definitions
Status: in_force

As used in this subchapter: (1) "Assigned county frequency" means a frequency assigned to a specific county sheriff's office for carrying on day-to-day operations within the county. This frequency is allocated for use by the specific county-based stations and mobile units which are participating in the statewide communications system; (2) "High band communication system" means frequencies assigned to larger municipal police departments and the county sheriffs' offices of Pulaski County, Garland County, and Sebastian County. The high band communication system frequencies shall be between one hundred fifty megahertz (150 MHz) and one hundred seventy-five megahertz (175 MHz); (3) "Law enforcement agency" means the county sheriff's department, municipal police department, or city marshal; (4) "Statewide base-to-base frequency" means a common statewide frequency for carrying on routine business between agencies located in different counties. This frequency is allocated for base station use only. Mobile units are not allowed to operate on this frequency. The statewide base-to-base frequency shall be thirty-seven and two tenths megahertz (37.20 MHz); and (5) "Statewide emergency frequency" means a common statewide frequency for use in an emergency situation between law enforcement agencies. This frequency is allocated for use by all participating agency-based stations and mobile units. The statewide emergency frequency shall be thirty-seven and twenty-four hundredths megahertz (37.24 MHz). Acts 1979, No. 520, § 1; A.S.A. 1947, § 42-1101.

As used in this subchapter:

(1) "Assigned county frequency" means a frequency assigned to a specific county sheriff's office for carrying on day-to-day operations within the county. This frequency is allocated for use by the specific county-based stations and mobile units which are participating in the statewide communications system;

(2) "High band communication system" means frequencies assigned to larger municipal police departments and the county sheriffs' offices of Pulaski County, Garland County, and Sebastian County. The high band communication system frequencies shall be between one hundred fifty megahertz (150 MHz) and one hundred seventy-five megahertz (175 MHz);

(3) "Law enforcement agency" means the county sheriff's department, municipal police department, or city marshal;

(4) "Statewide base-to-base frequency" means a common statewide frequency for carrying on routine business between agencies located in different counties. This frequency is allocated for base station use only. Mobile units are not allowed to operate on this frequency. The statewide base-to-base frequency shall be thirty-seven and two tenths megahertz (37.20 MHz); and

(5) "Statewide emergency frequency" means a common statewide frequency for use in an emergency situation between law enforcement agencies. This frequency is allocated for use by all participating agency-based stations and mobile units. The statewide emergency frequency shall be thirty-seven and twenty-four hundredths megahertz (37.24 MHz).

Acts 1979, No. 520, § 1; A.S.A. 1947, § 42-1101.
Ark. Code Ann. § 12-8-601 — AR Code / Title 12 / Chapter 8 / Subchapter 5-d-1 / Section 12-8-601
Title
Status: in_force

This subchapter shall be known and may be cited as the "Division of Arkansas State Police Headquarters Facilities and Equipment Financing Act". Amended by Act 2019, No. 910,§ 5801, eff. 7/1/2019. Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.

This subchapter shall be known and may be cited as the "Division of Arkansas State Police Headquarters Facilities and Equipment Financing Act".

Amended by Act 2019, No. 910,§ 5801, eff. 7/1/2019.

Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.
Ark. Code Ann. § 12-27-115 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-115
Claims of counties for expenses - Verification
Status: in_force

(a) When any county in which an institution of the Department of Correction is located shall incur expenses in connection with any legal proceedings involved or occasioned by any inmate of a penal institution, the county shall be entitled to reimbursement for such expenses from the Department of Correction Fund. (b) All claims by counties against the fund pursuant to this section shall be itemized, and the claims shall be verified by the county judge and presented to the Director of the Department of Correction within ninety (90) days after the expense is incurred. (c) Upon receipt of the verified claims, the director shall pay the claim from funds appropriated for the maintenance and operation of the department. Acts 1968 (1st Ex. Sess.), No. 50, § 43; 1981, No. 58, § 4; A.S.A. 1947, § 46-162.

(a) When any county in which an institution of the Department of Correction is located shall incur expenses in connection with any legal proceedings involved or occasioned by any inmate of a penal institution, the county shall be entitled to reimbursement for such expenses from the Department of Correction Fund.

(b) All claims by counties against the fund pursuant to this section shall be itemized, and the claims shall be verified by the county judge and presented to the Director of the Department of Correction within ninety (90) days after the expense is incurred.

(c) Upon receipt of the verified claims, the director shall pay the claim from funds appropriated for the maintenance and operation of the department.

Acts 1968 (1st Ex. Sess.), No. 50, § 43; 1981, No. 58, § 4; A.S.A. 1947, § 46-162.
Ark. Code Ann. § 12-32-103 — AR Code / Title 12 / Chapter 32 / Section 12-32-103
Necessary female prenatal nutrition and hygiene products required
Status: in_force

(a) A correctional or detention facility shall establish a policy for providing: (1) Necessary prenatal vitamins and nutrition for pregnant inmates and detainees; (2) A necessary number of hygiene products for female inmates and detainees; (3) A necessary number of undergarments for female inmates and detainees; (4) A lower bunk for a pregnant inmate or detainee; and (5) Unless otherwise provided for by the correctional or detention facility, access for a pregnant inmate or detainee to nonprofit educational programming, such as prenatal care, pregnancy-specific hygiene, and parenting classes. (b) A policy under this section may be approved annually by the Charitable, Penal and Correctional Institutions Subcommittee of the Legislative Council. Added by Act 2019, No. 566,§ 1, eff. 7/24/2019.

(a) A correctional or detention facility shall establish a policy for providing: (1) Necessary prenatal vitamins and nutrition for pregnant inmates and detainees; (2) A necessary number of hygiene products for female inmates and detainees; (3) A necessary number of undergarments for female inmates and detainees; (4) A lower bunk for a pregnant inmate or detainee; and (5) Unless otherwise provided for by the correctional or detention facility, access for a pregnant inmate or detainee to nonprofit educational programming, such as prenatal care, pregnancy-specific hygiene, and parenting classes.

(1) Necessary prenatal vitamins and nutrition for pregnant inmates and detainees;

(2) A necessary number of hygiene products for female inmates and detainees;

(3) A necessary number of undergarments for female inmates and detainees;

(4) A lower bunk for a pregnant inmate or detainee; and

(5) Unless otherwise provided for by the correctional or detention facility, access for a pregnant inmate or detainee to nonprofit educational programming, such as prenatal care, pregnancy-specific hygiene, and parenting classes.

(b) A policy under this section may be approved annually by the Charitable, Penal and Correctional Institutions Subcommittee of the Legislative Council.

Added by Act 2019, No. 566,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 12-64-414 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-414
Absent and additional members
Status: in_force

(a) No member of a general or special court-martial shall be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause. (b) (1) Whenever a general court-martial is reduced below six (6) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than six (6) members. (2) When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused, and the counsel. (c) (1) Whenever a special court-martial is reduced below four (4) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than four (4) members. (2) When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel. Amended by Act 2019, No. 211,§ 13, eff. 2/26/2019. Acts 1969, No. 50, § 75; A.S.A. 1947, § 11-630; Acts 1987, No. 125, § 5.

(a) No member of a general or special court-martial shall be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause.

(b) (1) Whenever a general court-martial is reduced below six (6) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than six (6) members. (2) When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused, and the counsel.

(1) Whenever a general court-martial is reduced below six (6) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than six (6) members.

(2) When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused, and the counsel.

(c) (1) Whenever a special court-martial is reduced below four (4) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than four (4) members. (2) When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.

(1) Whenever a special court-martial is reduced below four (4) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than four (4) members.

(2) When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.

Amended by Act 2019, No. 211,§ 13, eff. 2/26/2019.

Acts 1969, No. 50, § 75; A.S.A. 1947, § 11-630; Acts 1987, No. 125, § 5.
Ark. Code Ann. § 12-64-411 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-411
Court reporters - Interpreters
Status: in_force

(a) Under such rules as the Governor may prescribe, the convening authority of a general or special court-martial shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court. (b) Under like rules or regulations, the convening authority of a military court may detail or employ interpreters or other professional experts who shall interpret for and assist the court. (c) Under like rules or regulations, the convening authority of a general or special court-martial shall detail a military court clerk who shall serve in that role in any appeal prescribed by § 12-64-714 . Amended by Act 2019, No. 315,§ 954, eff. 7/24/2019. Amended by Act 2019, No. 211,§ 12, eff. 2/26/2019. Amended by Act 2015, No. 1003,§ 17, eff. 7/22/2015. Acts 1969, No. 50, § 74; A.S.A. 1947, § 11-629.

(a) Under such rules as the Governor may prescribe, the convening authority of a general or special court-martial shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court.

(b) Under like rules or regulations, the convening authority of a military court may detail or employ interpreters or other professional experts who shall interpret for and assist the court.

(c) Under like rules or regulations, the convening authority of a general or special court-martial shall detail a military court clerk who shall serve in that role in any appeal prescribed by § 12-64-714 .

Amended by Act 2019, No. 315,§ 954, eff. 7/24/2019.

Amended by Act 2019, No. 211,§ 12, eff. 2/26/2019.

Amended by Act 2015, No. 1003,§ 17, eff. 7/22/2015.

Acts 1969, No. 50, § 74; A.S.A. 1947, § 11-629.
Ark. Code Ann. § 12-64-204 — AR Code / Title 12 / Chapter 64 / Subchapter 2 / Section 12-64-204
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1003,§ 11, eff. 7/22/2015. Acts 1969, No. 50, § 55; A.S.A. 1947, § 11-610.

Repealed by Act 2015, No. 1003,§ 11, eff. 7/22/2015.

Acts 1969, No. 50, § 55; A.S.A. 1947, § 11-610.
Ark. Code Ann. § 12-18-1011 — AR Code / Title 12 / Chapter 18 / Subchapter 10 / Section 12-18-1011
When a report of child maltreatment is determined to be unsubstantiated
Status: in_force

(a) If the report of child maltreatment is unsubstantiated, the Department of Human Services may offer supportive services to the family. (b) The family may accept or reject supportive services at any time. Acts 2009, No. 749, § 1.

(a) If the report of child maltreatment is unsubstantiated, the Department of Human Services may offer supportive services to the family.

(b) The family may accept or reject supportive services at any time.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-18-1002 — AR Code / Title 12 / Chapter 18 / Subchapter 10 / Section 12-18-1002
Placement in a foster home
Status: in_force

A county sheriff or chief of police may place a child in his or her custody in a Department of Human Services foster home if: (1) The county sheriff or chief of police contacts the on-call worker for the department and does not get a return phone call within thirty (30) minutes; (2) The county sheriff or chief of police contacts the department emergency notification line and does not get a return phone call within fifteen (15) minutes; (3) The foster parent is personally well-known to the county sheriff or the chief of police; (4) The county sheriff or chief of police has: (A) Determined that the foster parent's home is safe and provides adequate accommodations for the child; and (B) Performed a criminal record and child maltreatment check on the foster parent as required under § 9-28-409 ; and (5) On the next business day, the county sheriff or chief of police immediately notifies the department of the time and date that the child was placed in the foster parent's home. Acts 2009, No. 749, § 1; 2011, No. 779, § 20.

A county sheriff or chief of police may place a child in his or her custody in a Department of Human Services foster home if:

(1) The county sheriff or chief of police contacts the on-call worker for the department and does not get a return phone call within thirty (30) minutes;

(2) The county sheriff or chief of police contacts the department emergency notification line and does not get a return phone call within fifteen (15) minutes;

(3) The foster parent is personally well-known to the county sheriff or the chief of police;

(4) The county sheriff or chief of police has: (A) Determined that the foster parent's home is safe and provides adequate accommodations for the child; and (B) Performed a criminal record and child maltreatment check on the foster parent as required under § 9-28-409 ; and

(A) Determined that the foster parent's home is safe and provides adequate accommodations for the child; and

(B) Performed a criminal record and child maltreatment check on the foster parent as required under § 9-28-409 ; and

(5) On the next business day, the county sheriff or chief of police immediately notifies the department of the time and date that the child was placed in the foster parent's home.

Acts 2009, No. 749, § 1; 2011, No. 779, § 20.
Ark. Code Ann. § 12-8-308 — AR Code / Title 12 / Chapter 8 / Subchapter 3 / Section 12-8-308
Lease fund - Payment of costs - Tax exemption
Status: in_force

(a) (1) Payments to cover the costs under the lease agreement shall be paid from the Department of Arkansas State Police Communications Equipment Lease Fund on a monthly basis. (2) If and so long as all payments to cover the costs under the lease agreement are properly made on the last day of each fiscal quarter, the pledged revenues remaining in the Department of Arkansas State Police Communications Equipment Lease Fund in excess of a reserve of thirty percent (30%) of a fiscal quarter's requirements shall be withdrawn from the lease fund and deposited into the State Treasury as special revenues to the credit of the Department of Arkansas State Police Fund. (b) So long as any lease payments remain to be paid, all moneys in the Department of Arkansas State Police Communications Equipment Lease Fund shall be used solely for the payment of the lease payments, and other costs in connection with the lease, with the maintenance of necessary funds and reserves, except that the lease may provide for the withdrawal, for other lawful purposes, of surplus moneys, as defined in the lease. (c) The interest portion of any costs of acquiring communications equipment authorized by this subchapter shall be exempt from state, county, and municipal income, inheritance, and estate taxes. Acts 1985, No. 817, §§ 5, 8; A.S.A. 1947, §§ 42-472, 42-475.

(a) (1) Payments to cover the costs under the lease agreement shall be paid from the Department of Arkansas State Police Communications Equipment Lease Fund on a monthly basis. (2) If and so long as all payments to cover the costs under the lease agreement are properly made on the last day of each fiscal quarter, the pledged revenues remaining in the Department of Arkansas State Police Communications Equipment Lease Fund in excess of a reserve of thirty percent (30%) of a fiscal quarter's requirements shall be withdrawn from the lease fund and deposited into the State Treasury as special revenues to the credit of the Department of Arkansas State Police Fund.

(1) Payments to cover the costs under the lease agreement shall be paid from the Department of Arkansas State Police Communications Equipment Lease Fund on a monthly basis.

(2) If and so long as all payments to cover the costs under the lease agreement are properly made on the last day of each fiscal quarter, the pledged revenues remaining in the Department of Arkansas State Police Communications Equipment Lease Fund in excess of a reserve of thirty percent (30%) of a fiscal quarter's requirements shall be withdrawn from the lease fund and deposited into the State Treasury as special revenues to the credit of the Department of Arkansas State Police Fund.

(b) So long as any lease payments remain to be paid, all moneys in the Department of Arkansas State Police Communications Equipment Lease Fund shall be used solely for the payment of the lease payments, and other costs in connection with the lease, with the maintenance of necessary funds and reserves, except that the lease may provide for the withdrawal, for other lawful purposes, of surplus moneys, as defined in the lease.

(c) The interest portion of any costs of acquiring communications equipment authorized by this subchapter shall be exempt from state, county, and municipal income, inheritance, and estate taxes.

Acts 1985, No. 817, §§ 5, 8; A.S.A. 1947, §§ 42-472, 42-475.
Ark. Code Ann. § 12-12-703 — AR Code / Title 12 / Chapter 12 / Subchapter 7 / Section 12-12-703
Minors
Status: in_force

No psychological stress evaluation shall be given to any person under eighteen (18) years of age without first having received written authorization from the parent or guardian of the individual. Acts 1975, No. 342, § 4; A.S.A. 1947, § 42-904.

No psychological stress evaluation shall be given to any person under eighteen (18) years of age without first having received written authorization from the parent or guardian of the individual.

Acts 1975, No. 342, § 4; A.S.A. 1947, § 42-904.
Ark. Code Ann. § 12-79-101 — AR Code / Title 12 / Chapter 79 / Section 12-79-101
Title
Status: in_force

This chapter may be known and cited as the "Arkansas Hazardous and Toxic Materials Emergency Notification Act". Acts 1991, No. 917, § 1.

This chapter may be known and cited as the "Arkansas Hazardous and Toxic Materials Emergency Notification Act".

Acts 1991, No. 917, § 1.
Ark. Code Ann. § 12-62-801 — AR Code / Title 12 / Chapter 62 / Subchapter 8 / Section 12-62-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Military Service Protection Act". Acts 2005, No. 920, § 1.

This subchapter shall be known and may be cited as the "Military Service Protection Act".

Acts 2005, No. 920, § 1.
Ark. Code Ann. § 12-12-1604 — AR Code / Title 12 / Chapter 12 / Subchapter 16 / Section 12-12-1604
Authority
Status: in_force

(a) The Department of Arkansas State Police and the Arkansas Crime Information Center may provide background check services to a volunteer organization pursuant to the provisions of this subchapter. (b) The department and the center may promulgate rules to administer the provisions of this subchapter. Acts 2005, No. 1778, § 1.

(a) The Department of Arkansas State Police and the Arkansas Crime Information Center may provide background check services to a volunteer organization pursuant to the provisions of this subchapter.

(b) The department and the center may promulgate rules to administer the provisions of this subchapter.

Acts 2005, No. 1778, § 1.
Ark. Code Ann. § 12-12-1903 — AR Code / Title 12 / Chapter 12 / Subchapter 19 / Section 12-12-1903
Limitation of liability
Status: in_force

Notwithstanding any other provision of law, a commercial mobile radio service provider or an internet service provider, or the officers, employees, assigns, or agents of a commercial mobile radio service provider or an internet service provider are not liable for civil damages or criminal liability in connection with the development, design, installation, operation, maintenance, performance, release, or provision of location information or geolocation information or for any failure to timely process or release any request for location information or geolocation information as may be necessary under this subchapter. Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019. Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.

Notwithstanding any other provision of law, a commercial mobile radio service provider or an internet service provider, or the officers, employees, assigns, or agents of a commercial mobile radio service provider or an internet service provider are not liable for civil damages or criminal liability in connection with the development, design, installation, operation, maintenance, performance, release, or provision of location information or geolocation information or for any failure to timely process or release any request for location information or geolocation information as may be necessary under this subchapter.

Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019.

Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 12-30-502 — AR Code / Title 12 / Chapter 30 / Subchapter 5 / Section 12-30-502
Transportation and sale of goods
Status: in_force

(a) Goods produced in whole or in part by inmates of the Division of Correction or the Division of Community Correction participating in private sector prison industry enhancement programs may be transported and sold in the same manner as goods produced by free persons, provided that the inmates participating in the private sector prison industry enhancement programs are paid at least the minimum wage prescribed by state law. (b) The minimum wage requirement does not apply to hobby and craft items produced by the inmates on their own time and with their own resources or to inmates working in any other prison industries program. Amended by Act 2019, No. 910,§ 836, eff. 7/1/2019. Amended by Act 2015, No. 144,§ 1, eff. 7/22/2015. Acts 1995, No. 106, § 1.

(a) Goods produced in whole or in part by inmates of the Division of Correction or the Division of Community Correction participating in private sector prison industry enhancement programs may be transported and sold in the same manner as goods produced by free persons, provided that the inmates participating in the private sector prison industry enhancement programs are paid at least the minimum wage prescribed by state law.

(b) The minimum wage requirement does not apply to hobby and craft items produced by the inmates on their own time and with their own resources or to inmates working in any other prison industries program.

Amended by Act 2019, No. 910,§ 836, eff. 7/1/2019.

Amended by Act 2015, No. 144,§ 1, eff. 7/22/2015.

Acts 1995, No. 106, § 1.
Ark. Code Ann. § 12-41-804 — AR Code / Title 12 / Chapter 41 / Subchapter 8 / Section 12-41-804
Regional detention facilities
Status: in_force

(a) Local governmental units are authorized to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local governmental units. (b) Local governmental units may contract with the state through the Division of Youth Services of the Department of Human Services for the financing, acquisition, construction, and operation of juvenile detention facilities, in particular, in accordance with the provisions and procedures as outlined in the Interlocal Cooperation Act, § 25-20-101 et seq. Acts 1989, No. 486, § 4.

(a) Local governmental units are authorized to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local governmental units.

(b) Local governmental units may contract with the state through the Division of Youth Services of the Department of Human Services for the financing, acquisition, construction, and operation of juvenile detention facilities, in particular, in accordance with the provisions and procedures as outlined in the Interlocal Cooperation Act, § 25-20-101 et seq.

Acts 1989, No. 486, § 4.
Ark. Code Ann. § 12-83-105 — AR Code / Title 12 / Chapter 83 / Section 12-83-105
Reimbursement
Status: in_force

(a) (1) Any persons seeking enrollment into the Emergency Volunteer Reserve Cadre shall be notified that no salary, retainer, emoluments, or other monetary reimbursement shall be made for their services, except reimbursement for food, lodging, and travel utilizing a privately owned vehicle when so authorized by the Director of the Division of Emergency Management. (2) Reimbursement shall be made in accordance with current state travel rules and at the prescribed rates in effect at the time of their services. (b) However, this shall not disqualify any persons from future employment as emergency hires or full-time employees when hired through the prescribed state employment procedures applicable to the positions they are seeking. Amended by Act 2019, No. 315,§ 976, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5917, eff. 7/1/2019. Acts 1995, No. 115, § 4; 1995, No. 169, § 4.

(a) (1) Any persons seeking enrollment into the Emergency Volunteer Reserve Cadre shall be notified that no salary, retainer, emoluments, or other monetary reimbursement shall be made for their services, except reimbursement for food, lodging, and travel utilizing a privately owned vehicle when so authorized by the Director of the Division of Emergency Management. (2) Reimbursement shall be made in accordance with current state travel rules and at the prescribed rates in effect at the time of their services.

(1) Any persons seeking enrollment into the Emergency Volunteer Reserve Cadre shall be notified that no salary, retainer, emoluments, or other monetary reimbursement shall be made for their services, except reimbursement for food, lodging, and travel utilizing a privately owned vehicle when so authorized by the Director of the Division of Emergency Management.

(2) Reimbursement shall be made in accordance with current state travel rules and at the prescribed rates in effect at the time of their services.

(b) However, this shall not disqualify any persons from future employment as emergency hires or full-time employees when hired through the prescribed state employment procedures applicable to the positions they are seeking.

Amended by Act 2019, No. 315,§ 976, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5917, eff. 7/1/2019.

Acts 1995, No. 115, § 4; 1995, No. 169, § 4.
Ark. Code Ann. § 12-32-104 — AR Code / Title 12 / Chapter 32 / Section 12-32-104
Restrictive housing prohibited - Definition
Status: in_force

(a) As used in this section, "restrictive housing" means a housing placement that requires an inmate or detainee to be confined in a cell for at least twenty-two (22) hours per day. (b) An inmate or detainee in a correctional or detention facility shall not be placed in restrictive housing for thirty (30) or more days if the inmate or detainee: (1) Is pregnant; (2) Has delivered a child within the previous thirty (30) days and is not currently breastfeeding; (3) Is breastfeeding; or (4) Is under a physician's care for postpartum depression or other medically verifiable postpartum condition. (c) A pregnant inmate or detainee may not be placed in restrictive housing for any length of time unless the correctional or detention facility determines that the pregnant inmate's or detainee's continued presence in the general population of the correctional or detention facility poses: (1) A direct threat to: (A) The safety of a person; or (B) An unborn child or children; or (2) A clear threat to the safe and secure operations of the correctional or detention facility. (d) (1) A housing assignment for a pregnant inmate or detainee shall be made in conjunction with a licensed medical provider responsible for providing medical care for the pregnant inmate or detainee. (2) A housing assignment under subdivision (d)(1) of this section shall be reviewed by the correctional or detention facility and the licensed medical provider responsible for providing medical care for the pregnant inmate or detainee every five (5) days if the pregnant inmate or detainee has been placed in restrictive housing for up to thirty (30) days as authorized under subsection (b) of this section. (e) This section does not apply if: (1) The inmate or detainee has engaged in an act of violence while incarcerated or detained that either resulted in or was likely to result in serious physical injury or death to another person; or (2) There is reasonable cause to believe that the use of restrictive housing is necessary to reduce a substantial risk of imminent serious physical injury or death to another person, as evidenced by the inmate's or detainee's recent conduct while incarcerated or detained. Added by Act 2021, No. 422,§ 2, eff. 7/28/2021.

(a) As used in this section, "restrictive housing" means a housing placement that requires an inmate or detainee to be confined in a cell for at least twenty-two (22) hours per day.

(b) An inmate or detainee in a correctional or detention facility shall not be placed in restrictive housing for thirty (30) or more days if the inmate or detainee: (1) Is pregnant; (2) Has delivered a child within the previous thirty (30) days and is not currently breastfeeding; (3) Is breastfeeding; or (4) Is under a physician's care for postpartum depression or other medically verifiable postpartum condition.

(1) Is pregnant;

(2) Has delivered a child within the previous thirty (30) days and is not currently breastfeeding;

(3) Is breastfeeding; or

(4) Is under a physician's care for postpartum depression or other medically verifiable postpartum condition.

(c) A pregnant inmate or detainee may not be placed in restrictive housing for any length of time unless the correctional or detention facility determines that the pregnant inmate's or detainee's continued presence in the general population of the correctional or detention facility poses: (1) A direct threat to: (A) The safety of a person; or (B) An unborn child or children; or (2) A clear threat to the safe and secure operations of the correctional or detention facility.

(1) A direct threat to: (A) The safety of a person; or (B) An unborn child or children; or

(A) The safety of a person; or

(B) An unborn child or children; or

(2) A clear threat to the safe and secure operations of the correctional or detention facility.

(d) (1) A housing assignment for a pregnant inmate or detainee shall be made in conjunction with a licensed medical provider responsible for providing medical care for the pregnant inmate or detainee. (2) A housing assignment under subdivision (d)(1) of this section shall be reviewed by the correctional or detention facility and the licensed medical provider responsible for providing medical care for the pregnant inmate or detainee every five (5) days if the pregnant inmate or detainee has been placed in restrictive housing for up to thirty (30) days as authorized under subsection (b) of this section.

(1) A housing assignment for a pregnant inmate or detainee shall be made in conjunction with a licensed medical provider responsible for providing medical care for the pregnant inmate or detainee.

(2) A housing assignment under subdivision (d)(1) of this section shall be reviewed by the correctional or detention facility and the licensed medical provider responsible for providing medical care for the pregnant inmate or detainee every five (5) days if the pregnant inmate or detainee has been placed in restrictive housing for up to thirty (30) days as authorized under subsection (b) of this section.

(e) This section does not apply if: (1) The inmate or detainee has engaged in an act of violence while incarcerated or detained that either resulted in or was likely to result in serious physical injury or death to another person; or (2) There is reasonable cause to believe that the use of restrictive housing is necessary to reduce a substantial risk of imminent serious physical injury or death to another person, as evidenced by the inmate's or detainee's recent conduct while incarcerated or detained.

(1) The inmate or detainee has engaged in an act of violence while incarcerated or detained that either resulted in or was likely to result in serious physical injury or death to another person; or

(2) There is reasonable cause to believe that the use of restrictive housing is necessary to reduce a substantial risk of imminent serious physical injury or death to another person, as evidenced by the inmate's or detainee's recent conduct while incarcerated or detained.

Added by Act 2021, No. 422,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 12-18-804 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-804
Defenses and affirmative defenses
Status: in_force

For any act or omission of child maltreatment that would be a criminal offense or an act of delinquency, any defense or affirmative defense, including the burden of proof regarding the affirmative defense, that would apply to the criminal offense or delinquent act is also cognizable in a child maltreatment proceeding with the exception of: (1) A statute of limitation; (2) Lack of capacity as a result of mental disease or defect under § 5-2-312 ; and (3) Affirmative defenses under §§ 5-1-112 - 5-1-114 . Acts 2009, No. 749, § 1; 2011, No. 1143, § 20.

For any act or omission of child maltreatment that would be a criminal offense or an act of delinquency, any defense or affirmative defense, including the burden of proof regarding the affirmative defense, that would apply to the criminal offense or delinquent act is also cognizable in a child maltreatment proceeding with the exception of:

(1) A statute of limitation;

(2) Lack of capacity as a result of mental disease or defect under § 5-2-312 ; and

(3) Affirmative defenses under §§ 5-1-112 - 5-1-114 .

Acts 2009, No. 749, § 1; 2011, No. 1143, § 20.
Ark. Code Ann. § 12-28-106 — AR Code / Title 12 / Chapter 28 / Subchapter 1 / Section 12-28-106
Electric fencing
Status: in_force

(a) (1) The Division of Correction may design and install high-voltage electrified security fence systems at all existing and proposed medium and maximum security prisons. (2) However, at the time of installation there shall be posted universal danger signs on all sides of the system clearly visible to inmates and the public displaying in English and Spanish the warning "deadly voltage". (b) The installation of these fence systems shall be double, twelve-feet-high, security perimeter fences, with the exception of those locations where a building or wall constitutes a part of the security perimeter. (c) At institutions where these fences have been installed, the division shall provide perimeter patrol for the safety of the local community. Amended by Act 2019, No. 910,§ 778, eff. 7/1/2019. Acts 1997, No. 350, § 1.

(a) (1) The Division of Correction may design and install high-voltage electrified security fence systems at all existing and proposed medium and maximum security prisons. (2) However, at the time of installation there shall be posted universal danger signs on all sides of the system clearly visible to inmates and the public displaying in English and Spanish the warning "deadly voltage".

(1) The Division of Correction may design and install high-voltage electrified security fence systems at all existing and proposed medium and maximum security prisons.

(2) However, at the time of installation there shall be posted universal danger signs on all sides of the system clearly visible to inmates and the public displaying in English and Spanish the warning "deadly voltage".

(b) The installation of these fence systems shall be double, twelve-feet-high, security perimeter fences, with the exception of those locations where a building or wall constitutes a part of the security perimeter.

(c) At institutions where these fences have been installed, the division shall provide perimeter patrol for the safety of the local community.

Amended by Act 2019, No. 910,§ 778, eff. 7/1/2019.

Acts 1997, No. 350, § 1.
Ark. Code Ann. § 12-28-101 — AR Code / Title 12 / Chapter 28 / Subchapter 1 / Section 12-28-101
Facilities
Status: in_force

(a) (1) The Division of Correction, with the approval of the Board of Corrections, shall provide appropriate incarceration facilities for women, youthful offenders, and other adult offenders committed to the division by the courts of this state. (2) The division shall also provide education and other rehabilitation and treatment programs designed to prepare inmates committed to the division for productive and law-abiding lives upon release from the division. (3) The division may contract with state or private entities such as accredited colleges or universities to provide additional educational opportunities for inmates under the direction and authority of the board and the Arkansas Correctional School District. (b) Any facility built or occupied by the division for use as a correctional facility shall be given a designated name of "unit" or "center" depending on its size, location, and purpose of usage. Amended by Act 2021, No. 493,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 775, eff. 7/1/2019. Acts 1977, No. 466, § 4; A.S.A. 1947, § 46-100.1; Acts 2001, No. 613, § 1; 2009, No. 788, § 2.

(a) (1) The Division of Correction, with the approval of the Board of Corrections, shall provide appropriate incarceration facilities for women, youthful offenders, and other adult offenders committed to the division by the courts of this state. (2) The division shall also provide education and other rehabilitation and treatment programs designed to prepare inmates committed to the division for productive and law-abiding lives upon release from the division. (3) The division may contract with state or private entities such as accredited colleges or universities to provide additional educational opportunities for inmates under the direction and authority of the board and the Arkansas Correctional School District.

(1) The Division of Correction, with the approval of the Board of Corrections, shall provide appropriate incarceration facilities for women, youthful offenders, and other adult offenders committed to the division by the courts of this state.

(2) The division shall also provide education and other rehabilitation and treatment programs designed to prepare inmates committed to the division for productive and law-abiding lives upon release from the division.

(3) The division may contract with state or private entities such as accredited colleges or universities to provide additional educational opportunities for inmates under the direction and authority of the board and the Arkansas Correctional School District.

(b) Any facility built or occupied by the division for use as a correctional facility shall be given a designated name of "unit" or "center" depending on its size, location, and purpose of usage.

Amended by Act 2021, No. 493,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 775, eff. 7/1/2019.

Acts 1977, No. 466, § 4; A.S.A. 1947, § 46-100.1; Acts 2001, No. 613, § 1; 2009, No. 788, § 2.
Ark. Code Ann. § 12-62-205 — AR Code / Title 12 / Chapter 62 / Subchapter 2 / Section 12-62-205
Restoration to duty
Status: in_force

An enlisted person dropped as a deserter may be restored to duty by the Governor and will thereafter serve for such period added to the time served prior to desertion as will amount to the full term for which that person enlisted. Acts 1969, No. 50, § 36; 1985, No. 670, § 4; A.S.A. 1947, § 11-404.

An enlisted person dropped as a deserter may be restored to duty by the Governor and will thereafter serve for such period added to the time served prior to desertion as will amount to the full term for which that person enlisted.

Acts 1969, No. 50, § 36; 1985, No. 670, § 4; A.S.A. 1947, § 11-404.
Ark. Code Ann. § 12-27-137 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-137
Confidentiality of emergency preparedness documents
Status: in_force

(a) The following sections of the Division of Correction's official Emergency Preparedness Manual are confidential and shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.: (1) Command Post Checklist; (2) Command Notifications; (3) Internal Notifications; (4) External Notifications; (5) Recall Notifications; (6) Family Notifications; (7) Tactical Systems; (8) Command Structure; (9) Emergency Locations; (10) Emergency Equipment; (11) Emergency Deactivation; (12) Emergency Plans; (13) Work Stoppage Directive; (14) Evacuation Diagrams; and (15) Facility Maps, Utility Locations. (b) Any document described in subsection (a) of this section shall become available for public viewing if it becomes part of a criminal investigation, at the time that investigation is concluded and it is not otherwise exempt by law. (c) Any amendments or additions to the sections of the manual described in subsection (a) of this section shall be reviewed annually by the Charitable, Penal and Correctional Institutions Subcommittee of the Legislative Council. Amended by Act 2019, No. 910,§ 760, eff. 7/1/2019. Acts 1997, No. 741, § 1.

(a) The following sections of the Division of Correction's official Emergency Preparedness Manual are confidential and shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.: (1) Command Post Checklist; (2) Command Notifications; (3) Internal Notifications; (4) External Notifications; (5) Recall Notifications; (6) Family Notifications; (7) Tactical Systems; (8) Command Structure; (9) Emergency Locations; (10) Emergency Equipment; (11) Emergency Deactivation; (12) Emergency Plans; (13) Work Stoppage Directive; (14) Evacuation Diagrams; and (15) Facility Maps, Utility Locations.

(1) Command Post Checklist;

(2) Command Notifications;

(3) Internal Notifications;

(4) External Notifications;

(5) Recall Notifications;

(6) Family Notifications;

(7) Tactical Systems;

(8) Command Structure;

(9) Emergency Locations;

(10) Emergency Equipment;

(11) Emergency Deactivation;

(12) Emergency Plans;

(13) Work Stoppage Directive;

(14) Evacuation Diagrams; and

(15) Facility Maps, Utility Locations.

(b) Any document described in subsection (a) of this section shall become available for public viewing if it becomes part of a criminal investigation, at the time that investigation is concluded and it is not otherwise exempt by law.

(c) Any amendments or additions to the sections of the manual described in subsection (a) of this section shall be reviewed annually by the Charitable, Penal and Correctional Institutions Subcommittee of the Legislative Council.

Amended by Act 2019, No. 910,§ 760, eff. 7/1/2019.

Acts 1997, No. 741, § 1.
Ark. Code Ann. § 12-62-718 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-718
Storage liens
Status: in_force

(a) (1) A person may not exercise any right to foreclose or enforce any lien for storage of household goods, furniture, or personal effects of a service member in military service during the service member's period of military service and for sixty (60) days after termination or discharge, except upon an order previously granted by a court upon application and a return to the court made and approved by the court. (2) In the proceeding after hearing the matter, unless in the opinion of the court the ability of a service member to pay storage charges due is not materially affected by reason of his or her military service, the court on its own motion may, and shall on application to it by a service member in military service or another person on his or her behalf: (A) Stay the proceedings as provided in this subchapter; or (B) Make any other disposition the court considers to be equitable to conserve the interest of all the parties. (b) Any person who knowingly takes any action contrary to the provisions of this section, or attempts to do so, is guilty of a misdemeanor. Acts 2003, No. 1003, § 18.

(a) (1) A person may not exercise any right to foreclose or enforce any lien for storage of household goods, furniture, or personal effects of a service member in military service during the service member's period of military service and for sixty (60) days after termination or discharge, except upon an order previously granted by a court upon application and a return to the court made and approved by the court. (2) In the proceeding after hearing the matter, unless in the opinion of the court the ability of a service member to pay storage charges due is not materially affected by reason of his or her military service, the court on its own motion may, and shall on application to it by a service member in military service or another person on his or her behalf: (A) Stay the proceedings as provided in this subchapter; or (B) Make any other disposition the court considers to be equitable to conserve the interest of all the parties.

(1) A person may not exercise any right to foreclose or enforce any lien for storage of household goods, furniture, or personal effects of a service member in military service during the service member's period of military service and for sixty (60) days after termination or discharge, except upon an order previously granted by a court upon application and a return to the court made and approved by the court.

(2) In the proceeding after hearing the matter, unless in the opinion of the court the ability of a service member to pay storage charges due is not materially affected by reason of his or her military service, the court on its own motion may, and shall on application to it by a service member in military service or another person on his or her behalf: (A) Stay the proceedings as provided in this subchapter; or (B) Make any other disposition the court considers to be equitable to conserve the interest of all the parties.

(A) Stay the proceedings as provided in this subchapter; or

(B) Make any other disposition the court considers to be equitable to conserve the interest of all the parties.

(b) Any person who knowingly takes any action contrary to the provisions of this section, or attempts to do so, is guilty of a misdemeanor.

Acts 2003, No. 1003, § 18.
Ark. Code Ann. § 12-12-912 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-912
Arrests for violations
Status: in_force

(a) In order for a sex offender to be charged with the commission of a violation of this subchapter so that an arrest warrant may be issued, the local law enforcement agency having jurisdiction shall notify the prosecutor when the local law enforcement agency having jurisdiction has reasonable grounds for believing that a sex offender is not registered, has not reported a change of address or change of any other information required to be provided by the sex offender, or has not verified the sex offender's address in violation of this subchapter. (b) The address of a sex offender as listed in the sex offender's registration file shall determine which local law enforcement agency has jurisdiction. (c) A law enforcement officer shall arrest a sex offender when a warrant has been issued for the sex offender's arrest, the law enforcement officer has probable cause to believe that a sex offender has committed an offense under this subchapter, or the law enforcement officer has reasonable grounds for believing that a sex offender is not registered or has not reported a change of address or change of any other information required to be provided by the sex offender in violation of this subchapter. Amended by Act 2017, No. 916,§ 7, eff. 8/1/2017. Amended by Act 2015, No. 358,§ 10, eff. 7/22/2015. Acts 1997, No. 989, § 12; 2001, No. 1743, § 9.

(a) In order for a sex offender to be charged with the commission of a violation of this subchapter so that an arrest warrant may be issued, the local law enforcement agency having jurisdiction shall notify the prosecutor when the local law enforcement agency having jurisdiction has reasonable grounds for believing that a sex offender is not registered, has not reported a change of address or change of any other information required to be provided by the sex offender, or has not verified the sex offender's address in violation of this subchapter.

(b) The address of a sex offender as listed in the sex offender's registration file shall determine which local law enforcement agency has jurisdiction.

(c) A law enforcement officer shall arrest a sex offender when a warrant has been issued for the sex offender's arrest, the law enforcement officer has probable cause to believe that a sex offender has committed an offense under this subchapter, or the law enforcement officer has reasonable grounds for believing that a sex offender is not registered or has not reported a change of address or change of any other information required to be provided by the sex offender in violation of this subchapter.

Amended by Act 2017, No. 916,§ 7, eff. 8/1/2017.

Amended by Act 2015, No. 358,§ 10, eff. 7/22/2015.

Acts 1997, No. 989, § 12; 2001, No. 1743, § 9.
Ark. Code Ann. § 12-20-101 — AR Code / Title 12 / Chapter 20 / Subchapter 1 / Section 12-20-101
Definitions
Status: in_force

As used in this chapter: (1) "Control" means that a private school or private college or university is maintained on the property or rents or leases the property to facilitate events or functions of the private school or private college or university; (2) "Executive head" means the president or governing board of a private school or private college or university; (3) "Private college or university" means a college, university, or teaching hospital that has all of the following characteristics: (A) Is not owned or controlled by the state or a political subdivision of the state; (B) Provides a program of education in residence leading to a baccalaureate degree or provides a program of education in residence for which the baccalaureate degree is a prerequisite, leading to an academic or professional degree; (C) Is accredited by the Higher Learning Commission or another nationally recognized agency that accredits private colleges and universities; and (D) Has its principal place of business located in the state; (4) "Private school" means a nonpublic elementary or secondary school that is: (A) A registered nonprofit; and (B) Accredited or licensed by an accrediting association recognized by the State Board of Education; and (5) "Property" means both real property and personal property owned by or under the control of a private school or private college or university and includes without limitation all highways, streets, alleys, and rights-of-way that are contiguous or adjacent to real property owned by or under the control of the private school or private college or university. Amended by Act 2021, No. 535,§ 4, eff. 7/28/2021. Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.

As used in this chapter:

(1) "Control" means that a private school or private college or university is maintained on the property or rents or leases the property to facilitate events or functions of the private school or private college or university;

(2) "Executive head" means the president or governing board of a private school or private college or university;

(3) "Private college or university" means a college, university, or teaching hospital that has all of the following characteristics: (A) Is not owned or controlled by the state or a political subdivision of the state; (B) Provides a program of education in residence leading to a baccalaureate degree or provides a program of education in residence for which the baccalaureate degree is a prerequisite, leading to an academic or professional degree; (C) Is accredited by the Higher Learning Commission or another nationally recognized agency that accredits private colleges and universities; and (D) Has its principal place of business located in the state;

(A) Is not owned or controlled by the state or a political subdivision of the state;

(B) Provides a program of education in residence leading to a baccalaureate degree or provides a program of education in residence for which the baccalaureate degree is a prerequisite, leading to an academic or professional degree;

(C) Is accredited by the Higher Learning Commission or another nationally recognized agency that accredits private colleges and universities; and

(D) Has its principal place of business located in the state;

(4) "Private school" means a nonpublic elementary or secondary school that is: (A) A registered nonprofit; and (B) Accredited or licensed by an accrediting association recognized by the State Board of Education; and

(A) A registered nonprofit; and

(B) Accredited or licensed by an accrediting association recognized by the State Board of Education; and

(5) "Property" means both real property and personal property owned by or under the control of a private school or private college or university and includes without limitation all highways, streets, alleys, and rights-of-way that are contiguous or adjacent to real property owned by or under the control of the private school or private college or university.

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. § 12-64-850 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-850
Fraudulent use of credit cards, debit cards, and other access devices
Status: in_force

A person subject to this code shall be punished as a court-martial may direct if the person knowingly and with the intent to defraud obtains anything of value using a: (1) Stolen credit card, debit card, or other access device; (2) Revoked, canceled, or otherwise invalid credit card, debit card, or other access device; or (3) Credit card, debit card, or other access device without the authorization of the person authorized to use the credit card, debit card, or other access device. Added by Act 2019, No. 211,§ 22, eff. 2/26/2019.

A person subject to this code shall be punished as a court-martial may direct if the person knowingly and with the intent to defraud obtains anything of value using a:

(1) Stolen credit card, debit card, or other access device;

(2) Revoked, canceled, or otherwise invalid credit card, debit card, or other access device; or

(3) Credit card, debit card, or other access device without the authorization of the person authorized to use the credit card, debit card, or other access device.

Added by Act 2019, No. 211,§ 22, eff. 2/26/2019.
Ark. Code Ann. § 12-62-708 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-708
Fines and penalties on contracts
Status: in_force

(a) If compliance with the terms of a contract is stayed under this subchapter, a fine or penalty may not accrue by reason of failure to comply during the period of the stay. (b) If a service member has not obtained a stay and a fine or penalty is imposed for nonperformance of an obligation, a court may relieve enforcement if the service member was in military service when the penalty was incurred and his or her ability to pay or perform was materially impaired. Acts 2003, No. 1003, § 8.

(a) If compliance with the terms of a contract is stayed under this subchapter, a fine or penalty may not accrue by reason of failure to comply during the period of the stay.

(b) If a service member has not obtained a stay and a fine or penalty is imposed for nonperformance of an obligation, a court may relieve enforcement if the service member was in military service when the penalty was incurred and his or her ability to pay or perform was materially impaired.

Acts 2003, No. 1003, § 8.
Ark. Code Ann. § 12-62-602 — AR Code / Title 12 / Chapter 62 / Subchapter 6 / Section 12-62-602
[Repealed]
Status: repealed

Repealed by Act 2017, No. 471,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 865,§ 13, eff. 7/22/2015. Amended by Act 2013, No. 1012,§ 1, eff. 8/16/2013. Acts 1995, No. 186, § 2; 1995, No. 346, § 2; 2009, No. 214, § 1.

Repealed by Act 2017, No. 471,§ 3, eff. 8/1/2017.

Amended by Act 2015, No. 865,§ 13, eff. 7/22/2015.

Amended by Act 2013, No. 1012,§ 1, eff. 8/16/2013.

Acts 1995, No. 186, § 2; 1995, No. 346, § 2; 2009, No. 214, § 1.
Ark. Code Ann. § 12-41-706 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-706
Bonds - Authorizing resolution
Status: in_force

(a) The bonds shall be authorized by resolution of the county jail board, municipal jail board, or public instrumentality jail board. (b) The authorizing resolution, as the board shall determine, may contain any terms, covenants, and conditions that are deemed necessary or desirable by the board including, without limitation, those pertaining to the: (1) Creation and maintenance of various funds and reserves; (2) Nature and extent of the security; (3) Issuance of additional series of bonds and the priority of lien and pledge in that event; and (4) Rights, duties, and obligations of the board and of the holders and registered owners of the bonds. (c) The authorizing resolution may provide for the execution of a trust indenture with a bank or trust company located within or outside the State of Arkansas containing appropriate terms, covenants, and conditions. Acts 1983, No. 918, § 10; A.S.A. 1947, § 46-456; Acts 2003, No. 1772, § 1.

(a) The bonds shall be authorized by resolution of the county jail board, municipal jail board, or public instrumentality jail board.

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

(1) Creation and maintenance of various funds and reserves;

(2) Nature and extent of the security;

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

(4) Rights, duties, and obligations of the board and of the holders and registered owners of the bonds.

(c) The authorizing resolution may provide for the execution of a trust indenture with a bank or trust company located within or outside the State of Arkansas containing appropriate terms, covenants, and conditions.

Acts 1983, No. 918, § 10; A.S.A. 1947, § 46-456; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-9-115 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-115
Training for constables
Status: in_force

After consultation with the Arkansas Constables Association, Inc., the Division of Law Enforcement Standards and Training shall develop and certify a training course of one hundred ten (110) hours to one hundred sixty (160) hours for constables in accordance with § 14-14-1314 . Amended by Act 2019, No. 910,§ 5818, eff. 7/1/2019. Amended by Act 2017, No. 497,§ 9, eff. 8/1/2017. Acts 2007, No. 841, § 3.

After consultation with the Arkansas Constables Association, Inc., the Division of Law Enforcement Standards and Training shall develop and certify a training course of one hundred ten (110) hours to one hundred sixty (160) hours for constables in accordance with § 14-14-1314 .

Amended by Act 2019, No. 910,§ 5818, eff. 7/1/2019.

Amended by Act 2017, No. 497,§ 9, eff. 8/1/2017.

Acts 2007, No. 841, § 3.
Ark. Code Ann. § 12-8-201 — AR Code / Title 12 / Chapter 8 / Subchapter 2 / Section 12-8-201
Members of police force - Selection
Status: in_force

(a) The Director of the Division of Arkansas State Police shall appoint all members of the police force, subject to approval of the Arkansas State Police Commission, and the director shall select the clerical and stenographic force of the Division of Arkansas State Police. (b) The commission shall promulgate rules setting forth the minimum qualifications for employment as a division police officer and prescribing the manner of examination of applicants for the position. (c) The director shall receive all applications for positions as division officers and submit them to the commission for examination as to the physical fitness and mental qualifications of the applicants and for such other examinations as provided for by the commission's rules. (d) All applications and examinations shall be in writing and shall be kept as a permanent file by the commission for not less than five (5) years. (e) (1) A list containing the names of all applicants who possess the necessary qualifications as determined by the commission shall be certified to the director. (2) From this list, the director shall make the final selection for the appointments, and any vacancy occurring in the division shall be filled from this list. Amended by Act 2019, No. 315,§ 849, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5784, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5783, eff. 7/1/2019. Acts 1945, No. 231, §§ 5, 6; A.S.A. 1947, §§ 42-405, 42-406; Acts 2001, No. 1697, § 9.

(a) The Director of the Division of Arkansas State Police shall appoint all members of the police force, subject to approval of the Arkansas State Police Commission, and the director shall select the clerical and stenographic force of the Division of Arkansas State Police.

(b) The commission shall promulgate rules setting forth the minimum qualifications for employment as a division police officer and prescribing the manner of examination of applicants for the position.

(c) The director shall receive all applications for positions as division officers and submit them to the commission for examination as to the physical fitness and mental qualifications of the applicants and for such other examinations as provided for by the commission's rules.

(d) All applications and examinations shall be in writing and shall be kept as a permanent file by the commission for not less than five (5) years.

(e) (1) A list containing the names of all applicants who possess the necessary qualifications as determined by the commission shall be certified to the director. (2) From this list, the director shall make the final selection for the appointments, and any vacancy occurring in the division shall be filled from this list.

(1) A list containing the names of all applicants who possess the necessary qualifications as determined by the commission shall be certified to the director.

(2) From this list, the director shall make the final selection for the appointments, and any vacancy occurring in the division shall be filled from this list.

Amended by Act 2019, No. 315,§ 849, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5784, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5783, eff. 7/1/2019.

Acts 1945, No. 231, §§ 5, 6; A.S.A. 1947, §§ 42-405, 42-406; Acts 2001, No. 1697, § 9.
Ark. Code Ann. § 12-8-507 — AR Code / Title 12 / Chapter 8 / Subchapter 5 / Section 12-8-507
Abuse of patients receiving Medicaid
Status: in_force

Nothing contained in this subchapter shall limit or impair in any way the authority of the Medicaid Fraud Control Unit within the Attorney General's office from investigating or referring for prosecution complaints of abuse and neglect of patients of healthcare facilities which receive Medicaid funds. Acts 1997, No. 1240, § 8.

Nothing contained in this subchapter shall limit or impair in any way the authority of the Medicaid Fraud Control Unit within the Attorney General's office from investigating or referring for prosecution complaints of abuse and neglect of patients of healthcare facilities which receive Medicaid funds.

Acts 1997, No. 1240, § 8.
Ark. Code Ann. § 12-28-103 — AR Code / Title 12 / Chapter 28 / Subchapter 1 / Section 12-28-103
[Repealed]
Status: repealed

Repealed by Act 2023, No. 659,§ 100, eff. 1/1/2024. Acts 1997, No. 423, § 1.

Repealed by Act 2023, No. 659,§ 100, eff. 1/1/2024.

Acts 1997, No. 423, § 1.
Ark. Code Ann. § 12-41-716 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-716
Use of board jail fund for supervision and transportation of inmates
Status: in_force

In addition to any other purposes for which funds in a county jail board jail fund, municipal jail board jail fund, or public instrumentality jail board jail fund may be used, the funds may be used for the transportation and supervision of inmates assigned to outside work projects or for transporting inmates to a Division of Correction facility, as determined by the board. Amended by Act 2019, No. 910,§ 839, eff. 7/1/2019. Acts 1997, No. 643, § 1; 2003, No. 1772, § 1.

In addition to any other purposes for which funds in a county jail board jail fund, municipal jail board jail fund, or public instrumentality jail board jail fund may be used, the funds may be used for the transportation and supervision of inmates assigned to outside work projects or for transporting inmates to a Division of Correction facility, as determined by the board.

Amended by Act 2019, No. 910,§ 839, eff. 7/1/2019.

Acts 1997, No. 643, § 1; 2003, No. 1772, § 1.
Ark. Code Ann. § 12-12-307 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-307
Medical examiners - Qualifications - Duties
Status: in_force

(a) (1) The State Medical Examiner as well as associate medical examiners shall: (A) Be citizens of the United States; (B) Be physicians or surgeons with a doctor of medicine degree who have been licensed or who are eligible to be licensed to practice medicine in the State of Arkansas; (C) Have a minimum of three (3) years postgraduate training in human pathology as recognized by the American Medical Association; and (D) Have had at least one (1) year of experience in medical-legal practice. (2) The State Medical Examiner shall also be board certified or eligible for board certification as recognized by the American Board of Pathology in Forensic Pathology. (b) In addition to the duties prescribed in this subchapter, the State Medical Examiner and his or her associates may teach in the medical school, conduct classes for law enforcement officers and officials, lecture, do research, and engage in such activities as shall be deemed appropriate by the State Crime Laboratory Board. Acts 1979, No. 864, § 9; A.S.A. 1947, § 42-1211.

(a) (1) The State Medical Examiner as well as associate medical examiners shall: (A) Be citizens of the United States; (B) Be physicians or surgeons with a doctor of medicine degree who have been licensed or who are eligible to be licensed to practice medicine in the State of Arkansas; (C) Have a minimum of three (3) years postgraduate training in human pathology as recognized by the American Medical Association; and (D) Have had at least one (1) year of experience in medical-legal practice. (2) The State Medical Examiner shall also be board certified or eligible for board certification as recognized by the American Board of Pathology in Forensic Pathology.

(1) The State Medical Examiner as well as associate medical examiners shall: (A) Be citizens of the United States; (B) Be physicians or surgeons with a doctor of medicine degree who have been licensed or who are eligible to be licensed to practice medicine in the State of Arkansas; (C) Have a minimum of three (3) years postgraduate training in human pathology as recognized by the American Medical Association; and (D) Have had at least one (1) year of experience in medical-legal practice.

(A) Be citizens of the United States;

(B) Be physicians or surgeons with a doctor of medicine degree who have been licensed or who are eligible to be licensed to practice medicine in the State of Arkansas;

(C) Have a minimum of three (3) years postgraduate training in human pathology as recognized by the American Medical Association; and

(D) Have had at least one (1) year of experience in medical-legal practice.

(2) The State Medical Examiner shall also be board certified or eligible for board certification as recognized by the American Board of Pathology in Forensic Pathology.

(b) In addition to the duties prescribed in this subchapter, the State Medical Examiner and his or her associates may teach in the medical school, conduct classes for law enforcement officers and officials, lecture, do research, and engage in such activities as shall be deemed appropriate by the State Crime Laboratory Board.

Acts 1979, No. 864, § 9; A.S.A. 1947, § 42-1211.
Ark. Code Ann. § 12-41-403 — AR Code / Title 12 / Chapter 41 / Subchapter 4 / Section 12-41-403
Police matron
Status: in_force

(a) In all cities of the first class there shall be elected by the city council each year immediately after the organization thereof, after each annual election, one (1) police matron, who shall be at least twenty-five (25) years of age and a woman of good character and deportment, who shall hold office until her successor is elected and qualified. (b) The police matron shall be subject to the control of the chief of police and the mayor. (c) The police matron shall, before entering upon the duties of her office, take the oath of office provided by the Arkansas Constitution for civil officers. (d) She shall receive for her services such sum as may be prescribed by the ordinances of the city, not less than twenty-five dollars ($25.00) per month, payable as the salaries of other police of the city are paid. (e) (1) It shall be the duty of the police matron to take supervision of all girls or women who may be imprisoned in the city. (2) It shall be her duty to examine the persons of such prisoners, and the police matron shall conduct the examination in private, in the absence of men and boys. (3) She shall have exclusive control of the apartment for female prisoners, and it shall be her duty to keep the apartment in a clean and good sanitary condition. (4) The police matron shall do and perform all such duties in reference to female prisoners as may be provided by law or the lawful ordinances of such city. Acts 1895, No. 72, §§ 1-4, p. 94; C. & M. Dig., §§ 7707, 7708; Pope's Dig., §§ 9850, 9851; A.S.A. 1947, §§ 46-703 -- 46-706.

(a) In all cities of the first class there shall be elected by the city council each year immediately after the organization thereof, after each annual election, one (1) police matron, who shall be at least twenty-five (25) years of age and a woman of good character and deportment, who shall hold office until her successor is elected and qualified.

(b) The police matron shall be subject to the control of the chief of police and the mayor.

(c) The police matron shall, before entering upon the duties of her office, take the oath of office provided by the Arkansas Constitution for civil officers.

(d) She shall receive for her services such sum as may be prescribed by the ordinances of the city, not less than twenty-five dollars ($25.00) per month, payable as the salaries of other police of the city are paid.

(e) (1) It shall be the duty of the police matron to take supervision of all girls or women who may be imprisoned in the city. (2) It shall be her duty to examine the persons of such prisoners, and the police matron shall conduct the examination in private, in the absence of men and boys. (3) She shall have exclusive control of the apartment for female prisoners, and it shall be her duty to keep the apartment in a clean and good sanitary condition. (4) The police matron shall do and perform all such duties in reference to female prisoners as may be provided by law or the lawful ordinances of such city.

(1) It shall be the duty of the police matron to take supervision of all girls or women who may be imprisoned in the city.

(2) It shall be her duty to examine the persons of such prisoners, and the police matron shall conduct the examination in private, in the absence of men and boys.

(3) She shall have exclusive control of the apartment for female prisoners, and it shall be her duty to keep the apartment in a clean and good sanitary condition.

(4) The police matron shall do and perform all such duties in reference to female prisoners as may be provided by law or the lawful ordinances of such city.

Acts 1895, No. 72, §§ 1-4, p. 94; C. & M. Dig., §§ 7707, 7708; Pope's Dig., §§ 9850, 9851; A.S.A. 1947, §§ 46-703 -- 46-706.
Ark. Code Ann. § 12-8-401 — AR Code / Title 12 / Chapter 8 / Subchapter 4 / Section 12-8-401
Title
Status: in_force

This subchapter may be known as and cited as the "Arkansas Speed Trap Law". Acts 1995, No. 855, § 1.

This subchapter may be known as and cited as the "Arkansas Speed Trap Law".

Acts 1995, No. 855, § 1.
Ark. Code Ann. § 12-18-504 — AR Code / Title 12 / Chapter 18 / Subchapter 5 / Section 12-18-504
Notification in cases of reports of severe maltreatment
Status: in_force

(a) The Department of Human Services and the Department of Arkansas State Police shall immediately notify local law enforcement of all reports of severe maltreatment. (b) (1) Notification of a report of child maltreatment shall be provided within five (5) business days to the prosecuting attorney on an allegation of severe maltreatment. (2) The prosecuting attorney may provide written notice to the Department of Human Services and the Department of Arkansas State Police that the Department of Human Services and the Department of Arkansas State Police do not need to provide notification of the initial child maltreatment report to the prosecuting attorney's office. (3) Upon receiving the notification, the Department of Human Services and the Department of Arkansas State Police shall not be required to provide notification of the initial child maltreatment report to the prosecuting attorney's office. Amended by Act 2015, No. 1004,§ 8, eff. 7/22/2015. Acts 2009, No. 749, § 1.

(a) The Department of Human Services and the Department of Arkansas State Police shall immediately notify local law enforcement of all reports of severe maltreatment.

(b) (1) Notification of a report of child maltreatment shall be provided within five (5) business days to the prosecuting attorney on an allegation of severe maltreatment. (2) The prosecuting attorney may provide written notice to the Department of Human Services and the Department of Arkansas State Police that the Department of Human Services and the Department of Arkansas State Police do not need to provide notification of the initial child maltreatment report to the prosecuting attorney's office. (3) Upon receiving the notification, the Department of Human Services and the Department of Arkansas State Police shall not be required to provide notification of the initial child maltreatment report to the prosecuting attorney's office.

(1) Notification of a report of child maltreatment shall be provided within five (5) business days to the prosecuting attorney on an allegation of severe maltreatment.

(2) The prosecuting attorney may provide written notice to the Department of Human Services and the Department of Arkansas State Police that the Department of Human Services and the Department of Arkansas State Police do not need to provide notification of the initial child maltreatment report to the prosecuting attorney's office.

(3) Upon receiving the notification, the Department of Human Services and the Department of Arkansas State Police shall not be required to provide notification of the initial child maltreatment report to the prosecuting attorney's office.

Amended by Act 2015, No. 1004,§ 8, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-27-141 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-141
[Repealed]
Status: repealed

Repealed by Act 2017, No. 305,§ 1, eff. 8/1/2017. Acts 2003, No. 1031, § 5; 2005, No. 1962, § 48.

Repealed by Act 2017, No. 305,§ 1, eff. 8/1/2017.

Acts 2003, No. 1031, § 5; 2005, No. 1962, § 48.
Ark. Code Ann. § 12-64-104 — AR Code / Title 12 / Chapter 64 / Subchapter 1 / Section 12-64-104
Judge advocates and legal officers
Status: in_force

(a) (1) The Governor shall appoint an officer of the organized militia as State Judge Advocate subject to confirmation by the Senate. (2) To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must have been a member of the bar of the state for at least five (5) years. (3) The Governor shall consult the Adjutant General before making an appointment under this subsection. (b) The Adjutant General may appoint as many assistant state judge advocates as he or she shall deem necessary, which assistant state judge advocates shall be officers of the organized militia and members of the bar of the state, or qualified under subsection (f) of this section. (c) The State Judge Advocate or his or her assistants shall make frequent inspections in the field in supervision of the administration of military justice. (d) Convening authorities may communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice, and the staff judge advocate or legal officer of any command may communicate directly with the staff judge advocate or legal officer of a superior or subordinate command or with the State Judge Advocate. (e) No person who has acted as member, law officer, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense in any case may later act as staff judge advocate or legal officer to any reviewing authority upon the same case. (f) Except as provided by subsection (g) of this section, an attorney may serve as a judge advocate in the Arkansas National Guard without regard to his or her licensing state if the attorney: (1) Is in good standing with the licensing authority admitting him or her to the practice of law before the highest court of a state, territory, commonwealth, or the District of Columbia; and (2) Meets any of the following requirements: (A) Is approved through the standard accession process for Arkansas National Guard judge advocates; (B) Is accessed through an interstate transfer into the Arkansas National Guard; or (C) Is a judge advocate provided at the expense of the United States Government or another state, territory, commonwealth, or the District of Columbia. (g) A judge advocate who is not licensed to practice law in this state may practice military law in this state if he or she is in active duty status under: (1) Title 10 of the United States Code; or (2) Title 32 of the United States Code. (h) A judge advocate who is not licensed to practice law in this state may practice military law in this state if: (1) He or she is in state active duty status; and (2) In accordance with the rules established by the Supreme Court for the practice of law and the professional conduct of attorneys at law. Amended by Act 2023, No. 322,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 322,§ 1, eff. 8/1/2023. Amended by Act 2015, No. 1100,§ 10, eff. 7/22/2015. Acts 1969, No. 50, § 51; A.S.A. 1947, § 11-606.

(a) (1) The Governor shall appoint an officer of the organized militia as State Judge Advocate subject to confirmation by the Senate. (2) To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must have been a member of the bar of the state for at least five (5) years. (3) The Governor shall consult the Adjutant General before making an appointment under this subsection.

(1) The Governor shall appoint an officer of the organized militia as State Judge Advocate subject to confirmation by the Senate.

(2) To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must have been a member of the bar of the state for at least five (5) years.

(3) The Governor shall consult the Adjutant General before making an appointment under this subsection.

(b) The Adjutant General may appoint as many assistant state judge advocates as he or she shall deem necessary, which assistant state judge advocates shall be officers of the organized militia and members of the bar of the state, or qualified under subsection (f) of this section.

(c) The State Judge Advocate or his or her assistants shall make frequent inspections in the field in supervision of the administration of military justice.

(d) Convening authorities may communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice, and the staff judge advocate or legal officer of any command may communicate directly with the staff judge advocate or legal officer of a superior or subordinate command or with the State Judge Advocate.

(e) No person who has acted as member, law officer, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense in any case may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.

(f) Except as provided by subsection (g) of this section, an attorney may serve as a judge advocate in the Arkansas National Guard without regard to his or her licensing state if the attorney: (1) Is in good standing with the licensing authority admitting him or her to the practice of law before the highest court of a state, territory, commonwealth, or the District of Columbia; and (2) Meets any of the following requirements: (A) Is approved through the standard accession process for Arkansas National Guard judge advocates; (B) Is accessed through an interstate transfer into the Arkansas National Guard; or (C) Is a judge advocate provided at the expense of the United States Government or another state, territory, commonwealth, or the District of Columbia.

(1) Is in good standing with the licensing authority admitting him or her to the practice of law before the highest court of a state, territory, commonwealth, or the District of Columbia; and

(2) Meets any of the following requirements: (A) Is approved through the standard accession process for Arkansas National Guard judge advocates; (B) Is accessed through an interstate transfer into the Arkansas National Guard; or (C) Is a judge advocate provided at the expense of the United States Government or another state, territory, commonwealth, or the District of Columbia.

(A) Is approved through the standard accession process for Arkansas National Guard judge advocates;

(B) Is accessed through an interstate transfer into the Arkansas National Guard; or

(C) Is a judge advocate provided at the expense of the United States Government or another state, territory, commonwealth, or the District of Columbia.

(g) A judge advocate who is not licensed to practice law in this state may practice military law in this state if he or she is in active duty status under: (1) Title 10 of the United States Code; or (2) Title 32 of the United States Code.

(1) Title 10 of the United States Code; or

(2) Title 32 of the United States Code.

(h) A judge advocate who is not licensed to practice law in this state may practice military law in this state if: (1) He or she is in state active duty status; and (2) In accordance with the rules established by the Supreme Court for the practice of law and the professional conduct of attorneys at law.

(1) He or she is in state active duty status; and

(2) In accordance with the rules established by the Supreme Court for the practice of law and the professional conduct of attorneys at law.

Amended by Act 2023, No. 322,§ 2, eff. 8/1/2023.

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

Amended by Act 2015, No. 1100,§ 10, eff. 7/22/2015.

Acts 1969, No. 50, § 51; A.S.A. 1947, § 11-606.
Ark. Code Ann. § 12-18-307 — AR Code / Title 12 / Chapter 18 / Subchapter 3 / Section 12-18-307
Reports alleging Munchausen syndrome by proxy or factitious illness
Status: in_force

The Child Abuse Hotline shall accept a report of child maltreatment alleging Munchausen syndrome by proxy or factitious illness only if the reporter is a medical professional. Acts 2009, No. 749, § 1.

The Child Abuse Hotline shall accept a report of child maltreatment alleging Munchausen syndrome by proxy or factitious illness only if the reporter is a medical professional.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-27-117 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-117
Employees' uniforms
Status: in_force

As deemed appropriate by the Secretary of the Department of Corrections and approved by the Board of Corrections, the Department of Corrections may purchase identifying occupational uniforms for correctional personnel and community supervision personnel. Amended by Act 2023, No. 659,§ 82, eff. 1/1/2024. Amended by Act 2021, No. 152,§ 4, eff. 7/28/2021. Acts 1987, No. 953, § 21.

As deemed appropriate by the Secretary of the Department of Corrections and approved by the Board of Corrections, the Department of Corrections may purchase identifying occupational uniforms for correctional personnel and community supervision personnel.

Amended by Act 2023, No. 659,§ 82, eff. 1/1/2024.

Amended by Act 2021, No. 152,§ 4, eff. 7/28/2021.

Acts 1987, No. 953, § 21.
Ark. Code Ann. § 12-12-306 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-306
State Medical Examiner
Status: in_force

(a) The Director of the State Crime Laboratory shall appoint and employ a State Medical Examiner with the approval of the State Crime Laboratory Board and in consultation with the Secretary of the Department of Public Safety. (b) The director may remove the examiner only for cause and with the approval of the board. Amended by Act 2019, No. 910,§ 5845, eff. 7/1/2019. Acts 1991, No. 383, § 3; 2011, No. 775, § 1.

(a) The Director of the State Crime Laboratory shall appoint and employ a State Medical Examiner with the approval of the State Crime Laboratory Board and in consultation with the Secretary of the Department of Public Safety.

(b) The director may remove the examiner only for cause and with the approval of the board.

Amended by Act 2019, No. 910,§ 5845, eff. 7/1/2019.

Acts 1991, No. 383, § 3; 2011, No. 775, § 1.
Ark. Code Ann. § 12-27-118 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-118
Employees' children - Transportation to school
Status: in_force

(a) (1) In order to provide adequate educational opportunities for school children of personnel employed at the various institutions of the Department of Correction, in those instances in which an institution includes territory in more than one (1) school district, school children living within the boundaries of the institution may attend schools in the district of their choice. (2) The school district in which the children choose to attend may provide transportation services and all other services normally provided school children of the district. (b) The authority granted in this section for a school district to transport children living within territory of an institution shall supersede any existing provision of law to the contrary. Acts 1968 (1st Ex. Sess.), No. 50, § 41; A.S.A. 1947, § 46-126.

(a) (1) In order to provide adequate educational opportunities for school children of personnel employed at the various institutions of the Department of Correction, in those instances in which an institution includes territory in more than one (1) school district, school children living within the boundaries of the institution may attend schools in the district of their choice. (2) The school district in which the children choose to attend may provide transportation services and all other services normally provided school children of the district.

(1) In order to provide adequate educational opportunities for school children of personnel employed at the various institutions of the Department of Correction, in those instances in which an institution includes territory in more than one (1) school district, school children living within the boundaries of the institution may attend schools in the district of their choice.

(2) The school district in which the children choose to attend may provide transportation services and all other services normally provided school children of the district.

(b) The authority granted in this section for a school district to transport children living within territory of an institution shall supersede any existing provision of law to the contrary.

Acts 1968 (1st Ex. Sess.), No. 50, § 41; A.S.A. 1947, § 46-126.
Ark. Code Ann. § 12-12-1906 — AR Code / Title 12 / Chapter 12 / Subchapter 19 / Section 12-12-1906
Prohibition against abuse
Status: in_force

(a) A commercial mobile radio service provider or internet service provider that believes the requirements of this subchapter are being abused by a law enforcement agency or a specific law enforcement officer may report the suspected abuse to the Division of Arkansas State Police for further investigation. (b) If the law enforcement agency that the commercial mobile radio service provider or internet service provider believes is abusing the requirements of this subchapter is the Division of Arkansas State Police, the commercial mobile radio service provider or internet service provider may report the suspected abuse to the Attorney General. Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019.

(a) A commercial mobile radio service provider or internet service provider that believes the requirements of this subchapter are being abused by a law enforcement agency or a specific law enforcement officer may report the suspected abuse to the Division of Arkansas State Police for further investigation.

(b) If the law enforcement agency that the commercial mobile radio service provider or internet service provider believes is abusing the requirements of this subchapter is the Division of Arkansas State Police, the commercial mobile radio service provider or internet service provider may report the suspected abuse to the Attorney General.

Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 12-12-924 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-924
Disclosure and notification concerning out-of-state sex offenders moving into Arkansas
Status: in_force

(a) A local law enforcement agency having jurisdiction where an out-of-state sex offender is moving or has moved may make immediate disclosure of the sex offender's registration in another state before the completion of a sex offender assessment assigning a community notification risk level. (b) A local law enforcement agency having jurisdiction where an out-of-state individual is moving or has moved who has been convicted of an offense that would require registration as a sex offender in Arkansas may make immediate notification appropriate for public safety before the completion of a sex offender assessment assigning a community notification risk level. Acts 2011, No. 100, § 1.

(a) A local law enforcement agency having jurisdiction where an out-of-state sex offender is moving or has moved may make immediate disclosure of the sex offender's registration in another state before the completion of a sex offender assessment assigning a community notification risk level.

(b) A local law enforcement agency having jurisdiction where an out-of-state individual is moving or has moved who has been convicted of an offense that would require registration as a sex offender in Arkansas may make immediate notification appropriate for public safety before the completion of a sex offender assessment assigning a community notification risk level.

Acts 2011, No. 100, § 1.
Ark. Code Ann. § 12-12-1016 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1016
Powers and duties of State Crime Laboratory
Status: in_force

In addition to any other power or duty conferred by this subchapter, the State Crime Laboratory shall expand the: (1) State DNA Data Base established under § 12-12-1105 to store and maintain DNA records generated under this subchapter; and (2) State DNA Data Bank established under § 12-12-1106 to retain DNA samples provided under this subchapter. Acts 2009, No. 974, § 10.

In addition to any other power or duty conferred by this subchapter, the State Crime Laboratory shall expand the:

(1) State DNA Data Base established under § 12-12-1105 to store and maintain DNA records generated under this subchapter; and

(2) State DNA Data Bank established under § 12-12-1106 to retain DNA samples provided under this subchapter.

Acts 2009, No. 974, § 10.
Ark. Code Ann. § 12-30-304 — AR Code / Title 12 / Chapter 30 / Subchapter 3 / Section 12-30-304
Products - Purchase by state institutions
Status: in_force

(a) It shall be the duty of the various state institutions to purchase, as far as possible, products grown or produced by the state upon its Division of Correction and other farms, giving the state preference wherever possible. (b) (1) Sales shall be made at prevailing market prices and all proceeds thereof shall be deposited with the Treasurer of State to the credit of the Division of Correction Farm Fund. (2) However, the Secretary of the Department of Finance and Administration, by proper bookkeeping entries, may charge the institution so purchasing and credit the Division of Correction account with such amount. Amended by Act 2019, No. 910,§ 3376, eff. 7/1/2019. Acts 1933, No. 30, § 22; Pope's Dig., § 12667; A.S.A. 1947, § 46-219.

(a) It shall be the duty of the various state institutions to purchase, as far as possible, products grown or produced by the state upon its Division of Correction and other farms, giving the state preference wherever possible.

(b) (1) Sales shall be made at prevailing market prices and all proceeds thereof shall be deposited with the Treasurer of State to the credit of the Division of Correction Farm Fund. (2) However, the Secretary of the Department of Finance and Administration, by proper bookkeeping entries, may charge the institution so purchasing and credit the Division of Correction account with such amount.

(1) Sales shall be made at prevailing market prices and all proceeds thereof shall be deposited with the Treasurer of State to the credit of the Division of Correction Farm Fund.

(2) However, the Secretary of the Department of Finance and Administration, by proper bookkeeping entries, may charge the institution so purchasing and credit the Division of Correction account with such amount.

Amended by Act 2019, No. 910,§ 3376, eff. 7/1/2019.

Acts 1933, No. 30, § 22; Pope's Dig., § 12667; A.S.A. 1947, § 46-219.
Ark. Code Ann. § 12-8-309 — AR Code / Title 12 / Chapter 8 / Subchapter 3 / Section 12-8-309
Lease fund - Investments
Status: in_force

Nothing in §§ 12-8-307 - 12-8-310 is intended to prohibit the Department of Arkansas State Police from investing moneys deposited into the Department of Arkansas State Police Communications Equipment Lease Fund, as provided in this subchapter. Acts 1985, No. 817, § 5; A.S.A. 1947, § 42-472.

Nothing in §§ 12-8-307 - 12-8-310 is intended to prohibit the Department of Arkansas State Police from investing moneys deposited into the Department of Arkansas State Police Communications Equipment Lease Fund, as provided in this subchapter.

Acts 1985, No. 817, § 5; A.S.A. 1947, § 42-472.
Ark. Code Ann. § 12-64-828 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-828
Aiding the enemy
Status: in_force

Any person subject to this code shall be punished as a court-martial may direct if he or she: (1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or (2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds an intercourse with the enemy, either directly or indirectly. Acts 1969, No. 50, § 146; A.S.A. 1947, § 11-728.

Any person subject to this code shall be punished as a court-martial may direct if he or she:

(1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or

(2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds an intercourse with the enemy, either directly or indirectly.

Acts 1969, No. 50, § 146; A.S.A. 1947, § 11-728.
Ark. Code Ann. § 12-13-106 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-106
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 13, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5862, eff. 7/1/2019. Acts 1981, No. 45, § 3; A.S.A. 1947, § 5-914.2a.

Repealed by Act 2023, No. 841,§ 13, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5862, eff. 7/1/2019.

Acts 1981, No. 45, § 3; A.S.A. 1947, § 5-914.2a.
Ark. Code Ann. § 12-27-122 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-122
Debt service accounts
Status: in_force

(a) (1) The Division of Correction may establish accounts in financial institutions other than the State Treasury for the purpose of making debt service payments on bonds issued, or leases, or both, through the Arkansas Development Finance Authority and as otherwise authorized by law. (2) The accounts shall be entitled the "Construction Fund Deficiency Account", the "Prisoner Housing Contract Account", and the "Regional Facilities Operations Account". (3) Receipts into the Construction Fund Deficiency Account, the Prisoner Housing Contract Account, and the Regional Facilities Operations Account shall be from transfers from the work-release cash funds, payments to the division for housing county and city prisoners in regional facilities, and such other sources as required. (b) Payments made by the division from the work-release cash funds, Construction Fund Deficiency Account, Prisoner Housing Contract Account, and the Regional Facilities Operations Account which are made for bonded indebtedness or leases of regional correction facilities, or both, are specifically exempt from §§ 19-4-801 - 19-4-803 , 19-4-805 , and 19-4-806 . Amended by Act 2017, No. 250,§ 20, eff. 8/1/2017. Acts 1989, No. 819, §§ 1, 2.

(a) (1) The Division of Correction may establish accounts in financial institutions other than the State Treasury for the purpose of making debt service payments on bonds issued, or leases, or both, through the Arkansas Development Finance Authority and as otherwise authorized by law. (2) The accounts shall be entitled the "Construction Fund Deficiency Account", the "Prisoner Housing Contract Account", and the "Regional Facilities Operations Account". (3) Receipts into the Construction Fund Deficiency Account, the Prisoner Housing Contract Account, and the Regional Facilities Operations Account shall be from transfers from the work-release cash funds, payments to the division for housing county and city prisoners in regional facilities, and such other sources as required.

(1) The Division of Correction may establish accounts in financial institutions other than the State Treasury for the purpose of making debt service payments on bonds issued, or leases, or both, through the Arkansas Development Finance Authority and as otherwise authorized by law.

(2) The accounts shall be entitled the "Construction Fund Deficiency Account", the "Prisoner Housing Contract Account", and the "Regional Facilities Operations Account".

(3) Receipts into the Construction Fund Deficiency Account, the Prisoner Housing Contract Account, and the Regional Facilities Operations Account shall be from transfers from the work-release cash funds, payments to the division for housing county and city prisoners in regional facilities, and such other sources as required.

(b) Payments made by the division from the work-release cash funds, Construction Fund Deficiency Account, Prisoner Housing Contract Account, and the Regional Facilities Operations Account which are made for bonded indebtedness or leases of regional correction facilities, or both, are specifically exempt from §§ 19-4-801 - 19-4-803 , 19-4-805 , and 19-4-806 .

Amended by Act 2017, No. 250,§ 20, eff. 8/1/2017.

Acts 1989, No. 819, §§ 1, 2.
Ark. Code Ann. § 12-64-407 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-407
Service on courts-martial
Status: in_force

(a) Any commissioned officer of or on duty with the organized militia is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. (b) Any warrant officer of or on duty with the organized militia is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial. (c) (1) (A) Any enlisted member of the organized militia is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but he or she shall serve as a member of a court only if before the convening of the court the accused personally has requested in writing that enlisted members serve on it. (B) After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third (1/3) of the total membership of the court unless eligible members cannot be obtained on account of physical conditions or military exigencies. (C) If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement to be appended to the record stating why they could not be obtained. (2) In this subsection the word, "unit" means any regularly organized body of the organized militia not larger than a company, a squadron, or a body corresponding to one of them. (d) When it can be avoided, no person subject to this code shall be tried by a court-martial any member of which is junior to him or her in rank or grade. (e) When convening a court-martial, the convening authority shall detail as members thereof such members as in his or her opinion are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. (f) No member is eligible to serve as a member of a general or special court-martial when he or she is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. Amended by Act 2019, No. 211,§ 10, eff. 2/26/2019. Acts 1969, No. 50, § 71; A.S.A. 1947, § 11-626.

(a) Any commissioned officer of or on duty with the organized militia is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.

(b) Any warrant officer of or on duty with the organized militia is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.

(c) (1) (A) Any enlisted member of the organized militia is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but he or she shall serve as a member of a court only if before the convening of the court the accused personally has requested in writing that enlisted members serve on it. (B) After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third (1/3) of the total membership of the court unless eligible members cannot be obtained on account of physical conditions or military exigencies. (C) If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement to be appended to the record stating why they could not be obtained. (2) In this subsection the word, "unit" means any regularly organized body of the organized militia not larger than a company, a squadron, or a body corresponding to one of them.

(1) (A) Any enlisted member of the organized militia is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but he or she shall serve as a member of a court only if before the convening of the court the accused personally has requested in writing that enlisted members serve on it. (B) After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third (1/3) of the total membership of the court unless eligible members cannot be obtained on account of physical conditions or military exigencies. (C) If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement to be appended to the record stating why they could not be obtained.

(A) Any enlisted member of the organized militia is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but he or she shall serve as a member of a court only if before the convening of the court the accused personally has requested in writing that enlisted members serve on it.

(B) After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third (1/3) of the total membership of the court unless eligible members cannot be obtained on account of physical conditions or military exigencies.

(C) If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement to be appended to the record stating why they could not be obtained.

(2) In this subsection the word, "unit" means any regularly organized body of the organized militia not larger than a company, a squadron, or a body corresponding to one of them.

(d) When it can be avoided, no person subject to this code shall be tried by a court-martial any member of which is junior to him or her in rank or grade.

(e) When convening a court-martial, the convening authority shall detail as members thereof such members as in his or her opinion are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament.

(f) No member is eligible to serve as a member of a general or special court-martial when he or she is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.

Amended by Act 2019, No. 211,§ 10, eff. 2/26/2019.

Acts 1969, No. 50, § 71; A.S.A. 1947, § 11-626.
Ark. Code Ann. § 12-19-103 — AR Code / Title 12 / Chapter 19 / Section 12-19-103
Development of a state protocol for assistance
Status: in_force

The Department of Human Services shall develop a state protocol for assisting victims of human trafficking with applying for federal and state benefits and services to which they may be entitled. Added by Act 2013, No. 1157,§ 5, eff. 8/16/2013.

The Department of Human Services shall develop a state protocol for assisting victims of human trafficking with applying for federal and state benefits and services to which they may be entitled.

Added by Act 2013, No. 1157,§ 5, eff. 8/16/2013.
Ark. Code Ann. § 12-41-602 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-602
Definitions
Status: in_force

As used in this subchapter: (1) "Board" means the county jail board established under the provisions of this subchapter; (2) "Bonds" means bonds and any series of bonds authorized by and issued pursuant to the provisions of this subchapter; (3) (A) "Construct" means to acquire, construct, reconstruct, remodel, install, and equip any lands, buildings, structures, improvements, or other real, personal, or mixed property useful in connection with the county jail or jail facilities, and to make other necessary expenditures in connection therewith, by such methods and in such manner as may be authorized by law. (B) "Construct" also includes payment or provision for expenses incidental thereto; (4) "Expansion" means any additions, extensions, or improvements to the county jail or jail facilities and may include any necessary or appropriate remodeling and improvement to the present jail and its facilities, with appropriate equipment and furnishings, as determined by the board; (5) "Fees" means the fees authorized in this subchapter to be collected as additional costs in all convictions or any commitments to the county jail in the circuit court, probate division of circuit court, or district courts of the county; (6) "Jail" means the county jail and jail facilities of the county; and (7) "Pledged revenues" means all revenues authorized by this subchapter to be pledged for the security and payment of the bonds. Acts 1981, No. 879, § 2; A.S.A. 1947, § 46-430.

As used in this subchapter:

(1) "Board" means the county jail board established under the provisions of this subchapter;

(2) "Bonds" means bonds and any series of bonds authorized by and issued pursuant to the provisions of this subchapter;

(3) (A) "Construct" means to acquire, construct, reconstruct, remodel, install, and equip any lands, buildings, structures, improvements, or other real, personal, or mixed property useful in connection with the county jail or jail facilities, and to make other necessary expenditures in connection therewith, by such methods and in such manner as may be authorized by law. (B) "Construct" also includes payment or provision for expenses incidental thereto;

(A) "Construct" means to acquire, construct, reconstruct, remodel, install, and equip any lands, buildings, structures, improvements, or other real, personal, or mixed property useful in connection with the county jail or jail facilities, and to make other necessary expenditures in connection therewith, by such methods and in such manner as may be authorized by law.

(B) "Construct" also includes payment or provision for expenses incidental thereto;

(4) "Expansion" means any additions, extensions, or improvements to the county jail or jail facilities and may include any necessary or appropriate remodeling and improvement to the present jail and its facilities, with appropriate equipment and furnishings, as determined by the board;

(5) "Fees" means the fees authorized in this subchapter to be collected as additional costs in all convictions or any commitments to the county jail in the circuit court, probate division of circuit court, or district courts of the county;

(6) "Jail" means the county jail and jail facilities of the county; and

(7) "Pledged revenues" means all revenues authorized by this subchapter to be pledged for the security and payment of the bonds.

Acts 1981, No. 879, § 2; A.S.A. 1947, § 46-430.
Ark. Code Ann. § 12-12-1113 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1113
Removal and destruction of the DNA record and DNA sample
Status: in_force

(a) (1) Any person whose DNA record has been included in the State DNA Data Base and whose DNA sample is stored in the State DNA Data Bank may apply to any circuit court for removal and destruction of the DNA record and DNA sample on the grounds that the adjudication of guilt that resulted in the inclusion of the person's DNA record in the data base or the inclusion of the person's DNA sample in the data bank has been reversed and the case dismissed. (2) A copy of the application for removal and destruction shall be served on the prosecutor for the county in which the adjudication of guilt was obtained not less than twenty (20) days prior to the date of the hearing on the application. (3) A certified copy of the order reversing and dismissing the adjudication of guilt shall be attached to an order removing and destroying the DNA record and DNA sample insofar as its inclusion rests upon that adjudication of guilt. (b) (1) Upon receipt of an order of removal and destruction and unless otherwise provided, the State Crime Laboratory shall purge the DNA record and other identifiable information from the data base and the DNA sample stored in the data bank covered by the order. (2) If the entry in the data base reflects more than one (1) adjudication of guilt, that entry shall not be removed and destroyed unless and until the person has obtained an order of removal and destruction for each adjudication of guilt on the grounds contained in subsection (a) of this section. (3) If one (1) of the bases for inclusion in the data base was other than adjudication of guilt, that entry shall not be subject to removal and destruction. Acts 1997, No. 737, § 13.

(a) (1) Any person whose DNA record has been included in the State DNA Data Base and whose DNA sample is stored in the State DNA Data Bank may apply to any circuit court for removal and destruction of the DNA record and DNA sample on the grounds that the adjudication of guilt that resulted in the inclusion of the person's DNA record in the data base or the inclusion of the person's DNA sample in the data bank has been reversed and the case dismissed. (2) A copy of the application for removal and destruction shall be served on the prosecutor for the county in which the adjudication of guilt was obtained not less than twenty (20) days prior to the date of the hearing on the application. (3) A certified copy of the order reversing and dismissing the adjudication of guilt shall be attached to an order removing and destroying the DNA record and DNA sample insofar as its inclusion rests upon that adjudication of guilt.

(1) Any person whose DNA record has been included in the State DNA Data Base and whose DNA sample is stored in the State DNA Data Bank may apply to any circuit court for removal and destruction of the DNA record and DNA sample on the grounds that the adjudication of guilt that resulted in the inclusion of the person's DNA record in the data base or the inclusion of the person's DNA sample in the data bank has been reversed and the case dismissed.

(2) A copy of the application for removal and destruction shall be served on the prosecutor for the county in which the adjudication of guilt was obtained not less than twenty (20) days prior to the date of the hearing on the application.

(3) A certified copy of the order reversing and dismissing the adjudication of guilt shall be attached to an order removing and destroying the DNA record and DNA sample insofar as its inclusion rests upon that adjudication of guilt.

(b) (1) Upon receipt of an order of removal and destruction and unless otherwise provided, the State Crime Laboratory shall purge the DNA record and other identifiable information from the data base and the DNA sample stored in the data bank covered by the order. (2) If the entry in the data base reflects more than one (1) adjudication of guilt, that entry shall not be removed and destroyed unless and until the person has obtained an order of removal and destruction for each adjudication of guilt on the grounds contained in subsection (a) of this section. (3) If one (1) of the bases for inclusion in the data base was other than adjudication of guilt, that entry shall not be subject to removal and destruction.

(1) Upon receipt of an order of removal and destruction and unless otherwise provided, the State Crime Laboratory shall purge the DNA record and other identifiable information from the data base and the DNA sample stored in the data bank covered by the order.

(2) If the entry in the data base reflects more than one (1) adjudication of guilt, that entry shall not be removed and destroyed unless and until the person has obtained an order of removal and destruction for each adjudication of guilt on the grounds contained in subsection (a) of this section.

(3) If one (1) of the bases for inclusion in the data base was other than adjudication of guilt, that entry shall not be subject to removal and destruction.

Acts 1997, No. 737, § 13.
Ark. Code Ann. § 12-64-509 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-509
Unlawfully influencing action of court
Status: in_force

(a) No authority convening a general, special, or summary court-martial nor any other commanding officer or officer serving on the staff thereof may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or his or her functions in the conduct of the proceeding. (b) No person subject to this code may attempt to coerce or by any unauthorized means influence the action of the court-martial or any other military tribunal or any member thereof in reaching the findings or sentence in any case or the action of any convening, approving, or reviewing authority with respect to his or her judicial acts. Acts 1969, No. 50, § 83; A.S.A. 1947, § 11-638; Acts 1987, No. 125, § 6; 1987 (1st Ex. Sess.), No. 30, § 1.

(a) No authority convening a general, special, or summary court-martial nor any other commanding officer or officer serving on the staff thereof may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or his or her functions in the conduct of the proceeding.

(b) No person subject to this code may attempt to coerce or by any unauthorized means influence the action of the court-martial or any other military tribunal or any member thereof in reaching the findings or sentence in any case or the action of any convening, approving, or reviewing authority with respect to his or her judicial acts.

Acts 1969, No. 50, § 83; A.S.A. 1947, § 11-638; Acts 1987, No. 125, § 6; 1987 (1st Ex. Sess.), No. 30, § 1.
Ark. Code Ann. § 12-29-402 — AR Code / Title 12 / Chapter 29 / Subchapter 4 / Section 12-29-402
Physical examination - Assignment to labor
Status: in_force

(a) All prisoners committed to the Division of Correction shall be given a physical examination initially upon arrival and then as often as determined by medical staff of the division. (b) Inmates shall be assigned to labor as shall be fitting, with due consideration being given to their physical condition. Amended by Act 2019, No. 910,§ 803, eff. 7/1/2019. Acts 1943, No. 157, § 3; 1981, No. 59, § 2; A.S.A. 1947, § 46-138.

(a) All prisoners committed to the Division of Correction shall be given a physical examination initially upon arrival and then as often as determined by medical staff of the division.

(b) Inmates shall be assigned to labor as shall be fitting, with due consideration being given to their physical condition.

Amended by Act 2019, No. 910,§ 803, eff. 7/1/2019.

Acts 1943, No. 157, § 3; 1981, No. 59, § 2; A.S.A. 1947, § 46-138.