Ark. Code Ann. § 16-90-506 — AR Code / Title 16 / Chapter 90 / Subchapter 5 / Section 16-90-506
Reprieve, new trial, etc
Status: in_force

(a) (1) Should the condemned felon, while in the custody of the Director of the Division of Correction, be granted a reprieve by the Governor or obtain a writ of error from the Supreme Court or should the execution of the sentence be stayed by any competent judicial proceeding, notice of the reprieve or writ of error or stay of execution shall be served upon the Director of the Division of Correction, as well as upon the condemned felon, and he or she shall yield obedience to it. (2) In any subsequent proceeding, the mandate of the court having regard to the condemned felon shall be served upon the Director of the Division of Correction as well as upon the felon. (3) If the felon is resentenced by the court, the proceedings shall be as provided under the original sentence. (b) If a new trial is granted to the condemned felon after he or she has been conveyed to the Division of Correction, he or she shall be conveyed back to the place of trial as the Director of the Division of Correction may direct. (c) The only officers who shall have the power of suspending the execution of a judgment of death are: (1) The Governor; (2) In cases of insanity or pregnancy of the individual, the Director of the Division of Correction as provided in subsection (d) of this section; and (3) In cases of appeals, the Clerk of the Supreme Court, as prescribed by law. (d) (1) (A) (i) (a) When an individual under sentence of death, whose execution date has been set by the Governor, believes that he or she is not competent to be executed, the individual or his or her attorney may inform the Director of the Division of Correction in writing and shall provide any supporting evidence he or she wishes to be considered. (b) The Director of the Division of Correction shall consider any evidence offered by the individual or his or her attorney in making a determination of competency under subdivision (d)(1)(A)(ii) of this section. (ii) When the Director of the Division of Correction is satisfied that there are reasonable grounds for believing that an individual under sentence of death is not competent, due to mental illness, to rationally understand the nature and reasons for that punishment, the Director of the Division of Correction shall notify the Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (iii) The Director of the Division of Correction shall also notify the Governor of this action. (iv) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall cause an inquiry to be made into the mental condition of the individual within thirty (30) days of receipt of notification. (v) The attorney of record of the individual shall also be notified of this action, and reasonable allowance will be made for an independent mental health evaluation to be made. (vi) A copy of the report of the evaluation by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be furnished to the Mental Health Services Section of the Division of Health Treatment Services of the Division of Correction, along with any recommendations for treatment of the individual. (vii) All responsibility for implementation of treatment remains with the Mental Health Services Section of the Division of Health Treatment Services of the Division of Correction. (B) (i) If, after an evidentiary hearing that comports with the Due Process Clause of the Fourteenth Amendment to the United States Constitution, over which the Director of the Division of Correction shall preside, the individual is found competent by the Director of the Division of Correction to rationally understand the nature of and reason for the punishment, the Governor shall be so notified and shall order the execution to be carried out according to law. (ii) If the individual is found incompetent due to mental illness, the Governor shall order that appropriate mental health treatment be provided. The Director of the Division of Correction may order a reevaluation of the competency of the individual as circumstances may warrant. (2) When the Director of the Division of Correction is satisfied that there are reasonable grounds for believing that a female convict under sentence of death is pregnant, he or she shall suspend the execution until it appears that she is not pregnant or until she has delivered the child. Amended by Act 2019, No. 615,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 42, eff. 8/1/2017. Crim. Code, §§ 290, 291; Acts 1913, No. 55, §§ 6, 7; C. & M. Dig., §§ 3250, 3251, 3258, 3259; Pope's Dig., §§ 4095, 4096, 4103, 4104; Acts 1959, No. 228, §§ 1, 2; A.S.A. 1947, §§ 43-2617, 43-2618, 43-2621, 43-2622; Acts 1993, No. 914, § 1.

(a) (1) Should the condemned felon, while in the custody of the Director of the Division of Correction, be granted a reprieve by the Governor or obtain a writ of error from the Supreme Court or should the execution of the sentence be stayed by any competent judicial proceeding, notice of the reprieve or writ of error or stay of execution shall be served upon the Director of the Division of Correction, as well as upon the condemned felon, and he or she shall yield obedience to it. (2) In any subsequent proceeding, the mandate of the court having regard to the condemned felon shall be served upon the Director of the Division of Correction as well as upon the felon. (3) If the felon is resentenced by the court, the proceedings shall be as provided under the original sentence.

(1) Should the condemned felon, while in the custody of the Director of the Division of Correction, be granted a reprieve by the Governor or obtain a writ of error from the Supreme Court or should the execution of the sentence be stayed by any competent judicial proceeding, notice of the reprieve or writ of error or stay of execution shall be served upon the Director of the Division of Correction, as well as upon the condemned felon, and he or she shall yield obedience to it.

(2) In any subsequent proceeding, the mandate of the court having regard to the condemned felon shall be served upon the Director of the Division of Correction as well as upon the felon.

(3) If the felon is resentenced by the court, the proceedings shall be as provided under the original sentence.

(b) If a new trial is granted to the condemned felon after he or she has been conveyed to the Division of Correction, he or she shall be conveyed back to the place of trial as the Director of the Division of Correction may direct.

(c) The only officers who shall have the power of suspending the execution of a judgment of death are: (1) The Governor; (2) In cases of insanity or pregnancy of the individual, the Director of the Division of Correction as provided in subsection (d) of this section; and (3) In cases of appeals, the Clerk of the Supreme Court, as prescribed by law.

(1) The Governor;

(2) In cases of insanity or pregnancy of the individual, the Director of the Division of Correction as provided in subsection (d) of this section; and

(3) In cases of appeals, the Clerk of the Supreme Court, as prescribed by law.

(d) (1) (A) (i) (a) When an individual under sentence of death, whose execution date has been set by the Governor, believes that he or she is not competent to be executed, the individual or his or her attorney may inform the Director of the Division of Correction in writing and shall provide any supporting evidence he or she wishes to be considered. (b) The Director of the Division of Correction shall consider any evidence offered by the individual or his or her attorney in making a determination of competency under subdivision (d)(1)(A)(ii) of this section. (ii) When the Director of the Division of Correction is satisfied that there are reasonable grounds for believing that an individual under sentence of death is not competent, due to mental illness, to rationally understand the nature and reasons for that punishment, the Director of the Division of Correction shall notify the Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (iii) The Director of the Division of Correction shall also notify the Governor of this action. (iv) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall cause an inquiry to be made into the mental condition of the individual within thirty (30) days of receipt of notification. (v) The attorney of record of the individual shall also be notified of this action, and reasonable allowance will be made for an independent mental health evaluation to be made. (vi) A copy of the report of the evaluation by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be furnished to the Mental Health Services Section of the Division of Health Treatment Services of the Division of Correction, along with any recommendations for treatment of the individual. (vii) All responsibility for implementation of treatment remains with the Mental Health Services Section of the Division of Health Treatment Services of the Division of Correction. (B) (i) If, after an evidentiary hearing that comports with the Due Process Clause of the Fourteenth Amendment to the United States Constitution, over which the Director of the Division of Correction shall preside, the individual is found competent by the Director of the Division of Correction to rationally understand the nature of and reason for the punishment, the Governor shall be so notified and shall order the execution to be carried out according to law. (ii) If the individual is found incompetent due to mental illness, the Governor shall order that appropriate mental health treatment be provided. The Director of the Division of Correction may order a reevaluation of the competency of the individual as circumstances may warrant. (2) When the Director of the Division of Correction is satisfied that there are reasonable grounds for believing that a female convict under sentence of death is pregnant, he or she shall suspend the execution until it appears that she is not pregnant or until she has delivered the child.

(1) (A) (i) (a) When an individual under sentence of death, whose execution date has been set by the Governor, believes that he or she is not competent to be executed, the individual or his or her attorney may inform the Director of the Division of Correction in writing and shall provide any supporting evidence he or she wishes to be considered. (b) The Director of the Division of Correction shall consider any evidence offered by the individual or his or her attorney in making a determination of competency under subdivision (d)(1)(A)(ii) of this section. (ii) When the Director of the Division of Correction is satisfied that there are reasonable grounds for believing that an individual under sentence of death is not competent, due to mental illness, to rationally understand the nature and reasons for that punishment, the Director of the Division of Correction shall notify the Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (iii) The Director of the Division of Correction shall also notify the Governor of this action. (iv) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall cause an inquiry to be made into the mental condition of the individual within thirty (30) days of receipt of notification. (v) The attorney of record of the individual shall also be notified of this action, and reasonable allowance will be made for an independent mental health evaluation to be made. (vi) A copy of the report of the evaluation by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be furnished to the Mental Health Services Section of the Division of Health Treatment Services of the Division of Correction, along with any recommendations for treatment of the individual. (vii) All responsibility for implementation of treatment remains with the Mental Health Services Section of the Division of Health Treatment Services of the Division of Correction. (B) (i) If, after an evidentiary hearing that comports with the Due Process Clause of the Fourteenth Amendment to the United States Constitution, over which the Director of the Division of Correction shall preside, the individual is found competent by the Director of the Division of Correction to rationally understand the nature of and reason for the punishment, the Governor shall be so notified and shall order the execution to be carried out according to law. (ii) If the individual is found incompetent due to mental illness, the Governor shall order that appropriate mental health treatment be provided. The Director of the Division of Correction may order a reevaluation of the competency of the individual as circumstances may warrant.

(A) (i) (a) When an individual under sentence of death, whose execution date has been set by the Governor, believes that he or she is not competent to be executed, the individual or his or her attorney may inform the Director of the Division of Correction in writing and shall provide any supporting evidence he or she wishes to be considered. (b) The Director of the Division of Correction shall consider any evidence offered by the individual or his or her attorney in making a determination of competency under subdivision (d)(1)(A)(ii) of this section. (ii) When the Director of the Division of Correction is satisfied that there are reasonable grounds for believing that an individual under sentence of death is not competent, due to mental illness, to rationally understand the nature and reasons for that punishment, the Director of the Division of Correction shall notify the Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (iii) The Director of the Division of Correction shall also notify the Governor of this action. (iv) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall cause an inquiry to be made into the mental condition of the individual within thirty (30) days of receipt of notification. (v) The attorney of record of the individual shall also be notified of this action, and reasonable allowance will be made for an independent mental health evaluation to be made. (vi) A copy of the report of the evaluation by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be furnished to the Mental Health Services Section of the Division of Health Treatment Services of the Division of Correction, along with any recommendations for treatment of the individual. (vii) All responsibility for implementation of treatment remains with the Mental Health Services Section of the Division of Health Treatment Services of the Division of Correction.

(i) (a) When an individual under sentence of death, whose execution date has been set by the Governor, believes that he or she is not competent to be executed, the individual or his or her attorney may inform the Director of the Division of Correction in writing and shall provide any supporting evidence he or she wishes to be considered. (b) The Director of the Division of Correction shall consider any evidence offered by the individual or his or her attorney in making a determination of competency under subdivision (d)(1)(A)(ii) of this section.

(a) When an individual under sentence of death, whose execution date has been set by the Governor, believes that he or she is not competent to be executed, the individual or his or her attorney may inform the Director of the Division of Correction in writing and shall provide any supporting evidence he or she wishes to be considered.

(b) The Director of the Division of Correction shall consider any evidence offered by the individual or his or her attorney in making a determination of competency under subdivision (d)(1)(A)(ii) of this section.

(ii) When the Director of the Division of Correction is satisfied that there are reasonable grounds for believing that an individual under sentence of death is not competent, due to mental illness, to rationally understand the nature and reasons for that punishment, the Director of the Division of Correction shall notify the Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.

(iii) The Director of the Division of Correction shall also notify the Governor of this action.

(iv) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall cause an inquiry to be made into the mental condition of the individual within thirty (30) days of receipt of notification.

(v) The attorney of record of the individual shall also be notified of this action, and reasonable allowance will be made for an independent mental health evaluation to be made.

(vi) A copy of the report of the evaluation by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be furnished to the Mental Health Services Section of the Division of Health Treatment Services of the Division of Correction, along with any recommendations for treatment of the individual.

(vii) All responsibility for implementation of treatment remains with the Mental Health Services Section of the Division of Health Treatment Services of the Division of Correction.

(B) (i) If, after an evidentiary hearing that comports with the Due Process Clause of the Fourteenth Amendment to the United States Constitution, over which the Director of the Division of Correction shall preside, the individual is found competent by the Director of the Division of Correction to rationally understand the nature of and reason for the punishment, the Governor shall be so notified and shall order the execution to be carried out according to law. (ii) If the individual is found incompetent due to mental illness, the Governor shall order that appropriate mental health treatment be provided. The Director of the Division of Correction may order a reevaluation of the competency of the individual as circumstances may warrant.

(i) If, after an evidentiary hearing that comports with the Due Process Clause of the Fourteenth Amendment to the United States Constitution, over which the Director of the Division of Correction shall preside, the individual is found competent by the Director of the Division of Correction to rationally understand the nature of and reason for the punishment, the Governor shall be so notified and shall order the execution to be carried out according to law.

(ii) If the individual is found incompetent due to mental illness, the Governor shall order that appropriate mental health treatment be provided. The Director of the Division of Correction may order a reevaluation of the competency of the individual as circumstances may warrant.

(2) When the Director of the Division of Correction is satisfied that there are reasonable grounds for believing that a female convict under sentence of death is pregnant, he or she shall suspend the execution until it appears that she is not pregnant or until she has delivered the child.

Amended by Act 2019, No. 615,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 42, eff. 8/1/2017.

Crim. Code, §§ 290, 291; Acts 1913, No. 55, §§ 6, 7; C. & M. Dig., §§ 3250, 3251, 3258, 3259; Pope's Dig., §§ 4095, 4096, 4103, 4104; Acts 1959, No. 228, §§ 1, 2; A.S.A. 1947, §§ 43-2617, 43-2618, 43-2621, 43-2622; Acts 1993, No. 914, § 1.
Ark. Code Ann. § 16-60-101 — AR Code / Title 16 / Chapter 60 / Subchapter 1 / Section 16-60-101
Venue in circuit courts - General rules and exceptions
Status: in_force

(a) A civil action other than a civil action mentioned in §§ 16-60-102 - 16-60-109 , 16-106-101 , and specific venue provisions codified in another title of the Arkansas Code shall be brought in any of the following counties: (1) The county in which a substantial part of the event or omission giving rise to the cause of action occurred; (2) (A) The county in which an individual defendant resided at the time of the event or omission giving rise to the cause of action. (B) If the defendant is an entity other than an individual, the civil action shall be brought in the county where the entity had its principal office in this state at the time of the event or omission giving rise to the cause of action; or (3) (A) The county in which the plaintiff resided at the time of the event or omission giving rise to the cause of action. (B) If the plaintiff is an entity other than an individual, the civil action shall be brought in the county where the plaintiff had its principal office in this state at the time of the event or omission giving rise to the cause of action. (b) (1) The residence of a properly joined named class representative may be considered in determining proper venue in a class action. (2) The residence of a putative or actual member of a class other than a named representative shall not be considered in determining proper venue for a class action. (c) In a civil action with multiple plaintiffs, venue shall be proper as to each named plaintiff joined in the civil action unless: (1) The plaintiffs establish that they assert any right to relief against the defendant jointly, severally, or arising out of the same transaction or occurrence; and (2) The existence of a substantial number of questions of law or material fact common to all the plaintiffs not only will arise in the civil action, but also that: (A) The common questions of law or material fact will predominate over individual questions of law or material fact pertaining to each plaintiff; (B) The civil action can be maintained more efficiently and economically for all parties than if prosecuted separately; and (C) The interest of justice supports the joinder of the parties as plaintiffs in one (1) civil action. (d) (1) Unless venue objections are waived by the defendant or by unanimous agreement of multiple defendants, if venue is improper for any plaintiff joined in the civil action, then the claim of the plaintiff shall be severed and transferred to a court where venue is proper. (2) (A) If severance and transfer is mandated and venue is appropriate in more than one (1) court, a defendant sued alone or multiple defendants, by unanimous agreement, may select another court to which the civil action shall be transferred. (B) If there are multiple defendants who are unable to agree on another court, the court in which the civil action was originally filed may transfer the action to another court. (e) When venue is proper as to one (1) defendant, it is also proper as to any other defendant with respect to all causes of action arising out of the same transaction or occurrence. Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015. Civil Code, § 84; C. & M. Dig., § 1164; Pope's Dig., § 1386; A.S.A. 1947, § 27-601.

(a) A civil action other than a civil action mentioned in §§ 16-60-102 - 16-60-109 , 16-106-101 , and specific venue provisions codified in another title of the Arkansas Code shall be brought in any of the following counties: (1) The county in which a substantial part of the event or omission giving rise to the cause of action occurred; (2) (A) The county in which an individual defendant resided at the time of the event or omission giving rise to the cause of action. (B) If the defendant is an entity other than an individual, the civil action shall be brought in the county where the entity had its principal office in this state at the time of the event or omission giving rise to the cause of action; or (3) (A) The county in which the plaintiff resided at the time of the event or omission giving rise to the cause of action. (B) If the plaintiff is an entity other than an individual, the civil action shall be brought in the county where the plaintiff had its principal office in this state at the time of the event or omission giving rise to the cause of action.

(1) The county in which a substantial part of the event or omission giving rise to the cause of action occurred;

(2) (A) The county in which an individual defendant resided at the time of the event or omission giving rise to the cause of action. (B) If the defendant is an entity other than an individual, the civil action shall be brought in the county where the entity had its principal office in this state at the time of the event or omission giving rise to the cause of action; or

(A) The county in which an individual defendant resided at the time of the event or omission giving rise to the cause of action.

(B) If the defendant is an entity other than an individual, the civil action shall be brought in the county where the entity had its principal office in this state at the time of the event or omission giving rise to the cause of action; or

(3) (A) The county in which the plaintiff resided at the time of the event or omission giving rise to the cause of action. (B) If the plaintiff is an entity other than an individual, the civil action shall be brought in the county where the plaintiff had its principal office in this state at the time of the event or omission giving rise to the cause of action.

(A) The county in which the plaintiff resided at the time of the event or omission giving rise to the cause of action.

(B) If the plaintiff is an entity other than an individual, the civil action shall be brought in the county where the plaintiff had its principal office in this state at the time of the event or omission giving rise to the cause of action.

(b) (1) The residence of a properly joined named class representative may be considered in determining proper venue in a class action. (2) The residence of a putative or actual member of a class other than a named representative shall not be considered in determining proper venue for a class action.

(1) The residence of a properly joined named class representative may be considered in determining proper venue in a class action.

(2) The residence of a putative or actual member of a class other than a named representative shall not be considered in determining proper venue for a class action.

(c) In a civil action with multiple plaintiffs, venue shall be proper as to each named plaintiff joined in the civil action unless: (1) The plaintiffs establish that they assert any right to relief against the defendant jointly, severally, or arising out of the same transaction or occurrence; and (2) The existence of a substantial number of questions of law or material fact common to all the plaintiffs not only will arise in the civil action, but also that: (A) The common questions of law or material fact will predominate over individual questions of law or material fact pertaining to each plaintiff; (B) The civil action can be maintained more efficiently and economically for all parties than if prosecuted separately; and (C) The interest of justice supports the joinder of the parties as plaintiffs in one (1) civil action.

(1) The plaintiffs establish that they assert any right to relief against the defendant jointly, severally, or arising out of the same transaction or occurrence; and

(2) The existence of a substantial number of questions of law or material fact common to all the plaintiffs not only will arise in the civil action, but also that: (A) The common questions of law or material fact will predominate over individual questions of law or material fact pertaining to each plaintiff; (B) The civil action can be maintained more efficiently and economically for all parties than if prosecuted separately; and (C) The interest of justice supports the joinder of the parties as plaintiffs in one (1) civil action.

(A) The common questions of law or material fact will predominate over individual questions of law or material fact pertaining to each plaintiff;

(B) The civil action can be maintained more efficiently and economically for all parties than if prosecuted separately; and

(C) The interest of justice supports the joinder of the parties as plaintiffs in one (1) civil action.

(d) (1) Unless venue objections are waived by the defendant or by unanimous agreement of multiple defendants, if venue is improper for any plaintiff joined in the civil action, then the claim of the plaintiff shall be severed and transferred to a court where venue is proper. (2) (A) If severance and transfer is mandated and venue is appropriate in more than one (1) court, a defendant sued alone or multiple defendants, by unanimous agreement, may select another court to which the civil action shall be transferred. (B) If there are multiple defendants who are unable to agree on another court, the court in which the civil action was originally filed may transfer the action to another court.

(1) Unless venue objections are waived by the defendant or by unanimous agreement of multiple defendants, if venue is improper for any plaintiff joined in the civil action, then the claim of the plaintiff shall be severed and transferred to a court where venue is proper.

(2) (A) If severance and transfer is mandated and venue is appropriate in more than one (1) court, a defendant sued alone or multiple defendants, by unanimous agreement, may select another court to which the civil action shall be transferred. (B) If there are multiple defendants who are unable to agree on another court, the court in which the civil action was originally filed may transfer the action to another court.

(A) If severance and transfer is mandated and venue is appropriate in more than one (1) court, a defendant sued alone or multiple defendants, by unanimous agreement, may select another court to which the civil action shall be transferred.

(B) If there are multiple defendants who are unable to agree on another court, the court in which the civil action was originally filed may transfer the action to another court.

(e) When venue is proper as to one (1) defendant, it is also proper as to any other defendant with respect to all causes of action arising out of the same transaction or occurrence.

Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015.

Civil Code, § 84; C. & M. Dig., § 1164; Pope's Dig., § 1386; A.S.A. 1947, § 27-601.
Ark. Code Ann. § 16-17-905 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-905
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 5; 2007, No. 663, § 6.

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017.

Acts 2003, No. 1727, § 5; 2007, No. 663, § 6.
Ark. Code Ann. § 16-13-2203 — AR Code / Title 16 / Chapter 13 / Subchapter 22 / Section 16-13-2203
Judges and chancellors
Status: in_force

(a) (1) The qualified electors of the Fourteenth Judicial District shall elect: (A) One (1) circuit judge; (B) One (1) chancellor; and (C) One (1) circuit-chancery judge. (2) (A) There is created in the Fourteenth Judicial District an additional circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate. (B) The additional judge shall be elected from the district and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The judge shall serve for elected terms of six (6) years. (D) The counties which comprise the Fourteenth Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit-chancery judgeship created by subdivision (a)(2)(A) of this section which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes. (E) There shall be provided for the judge of the circuit-chancery judgeship created by subdivision (a)(2)(A) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit-chancery courts of this state. (b) (1) The judge of the judgeship created by subdivision (a)(1)(C) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(C) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1989, No. 949, § 1; 2001, No. 300, § 1.

(a) (1) The qualified electors of the Fourteenth Judicial District shall elect: (A) One (1) circuit judge; (B) One (1) chancellor; and (C) One (1) circuit-chancery judge. (2) (A) There is created in the Fourteenth Judicial District an additional circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate. (B) The additional judge shall be elected from the district and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The judge shall serve for elected terms of six (6) years. (D) The counties which comprise the Fourteenth Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit-chancery judgeship created by subdivision (a)(2)(A) of this section which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes. (E) There shall be provided for the judge of the circuit-chancery judgeship created by subdivision (a)(2)(A) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit-chancery courts of this state.

(1) The qualified electors of the Fourteenth Judicial District shall elect: (A) One (1) circuit judge; (B) One (1) chancellor; and (C) One (1) circuit-chancery judge.

(A) One (1) circuit judge;

(B) One (1) chancellor; and

(C) One (1) circuit-chancery judge.

(2) (A) There is created in the Fourteenth Judicial District an additional circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate. (B) The additional judge shall be elected from the district and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The judge shall serve for elected terms of six (6) years. (D) The counties which comprise the Fourteenth Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit-chancery judgeship created by subdivision (a)(2)(A) of this section which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes. (E) There shall be provided for the judge of the circuit-chancery judgeship created by subdivision (a)(2)(A) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit-chancery courts of this state.

(A) There is created in the Fourteenth Judicial District an additional circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate.

(B) The additional judge shall be elected from the district and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts.

(C) The judge shall serve for elected terms of six (6) years.

(D) The counties which comprise the Fourteenth Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit-chancery judgeship created by subdivision (a)(2)(A) of this section which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes.

(E) There shall be provided for the judge of the circuit-chancery judgeship created by subdivision (a)(2)(A) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit-chancery courts of this state.

(b) (1) The judge of the judgeship created by subdivision (a)(1)(C) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(C) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(1) The judge of the judgeship created by subdivision (a)(1)(C) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district.

(2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(C) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1989, No. 949, § 1; 2001, No. 300, § 1.
Ark. Code Ann. § 16-21-801 — AR Code / Title 16 / Chapter 21 / Subchapter 8 / Section 16-21-801
Contingent expense allowance
Status: in_force

(a) The office of the Prosecuting Attorney of the Third Judicial District shall receive not less than a contingent expense reimbursement for the expenses of his or her office, including, but not limited to, telephone, telegraph, postage, printing, office supplies and equipment, office rent, stationery, traveling expense, special service, operation of automobiles, and such other expense which, within the discretion of the prosecuting attorney, may be a proper expense of the office, and also including necessary expenses in connection with any proper investigation incident to any criminal law violation or trials before any grand jury or any court within the judicial district coming within the duties of his or her office. (b) The expenses provided for in subsection (a) of this section shall be borne by the counties constituting the Third Judicial District as follows: (1) Jackson ............... $6,250 per year; (2) Lawrence ............... $6,250 per year; (3) Randolph ............... $6,250 per year; and (4) Sharp ............... $6,250 per year. (c) (1) The expenses provided for shall be paid in equal quarterly installments from each county general fund, and the checks shall be made payable to the office of the Prosecuting Attorney of the Third Judicial District. (2) Disbursements shall be made by the prosecuting attorney for the necessary expenses of the office based upon adequate documentation. (d) (1) Each deputy prosecuting attorney of the Third Judicial District shall receive a reimbursement for the expenses of his or her office, including, but not limited to, maintenance and operation, capital outlay, office supplies, telephone, postage, copying, insurance, and library. (2) (A) Disbursements shall be made for the necessary expenses of the office based upon adequate documentation and upon appropriation of the respective county's quorum court and approval of each respective county judge. (B) The prosecuting attorney or deputies may also be allowed additional expenses upon appropriation of the quorum court and approval of each respective county judge. (e) The Prosecuting Attorney of the Third Judicial District shall be entitled to the following assistants and employees: (1) (A) (i) One (1) administrative assistant, whose salary shall not be less than twenty-four thousand five hundred dollars ($24,500) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Jackson County. (B) (i) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Jackson County. (ii) The counties of Lawrence, Randolph, and Sharp each shall reimburse Jackson County for a pro rata share of the salary, Social Security, matching retirement, insurance, and all related salary expenses paid for the position in subdivision (e)(1)(A)(i) of this section; (2) (A) (i) One (1) part-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Lawrence County. (B) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Lawrence County; (3) (A) (i) One (1) full-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Randolph County. (B) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Randolph County; (4) (A) (i) One (1) full-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Sharp County. (B) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Sharp County; and (5) (A) (i) One (1) full-time Jackson County - Third Judicial District secretary, whose salary shall not be less than twenty thousand dollars ($20,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Jackson County. (B) (i) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Jackson County. (ii) The counties of Lawrence, Randolph, and Sharp each shall reimburse Jackson County for a one-eighth (1/8) share of the salary, Social Security, matching retirement, insurance, and all related salary expenses paid for this position. (f) Nothing in this section shall prevent or prohibit each quorum court in the respective counties in the Third Judicial District from appropriating additional positions, salaries, salary matching requirements, or expenses greater than the amounts mandated in this section should they deem it necessary to do so. (g) The Prosecuting Attorney of the Third Judicial District shall be allowed additional assistance and employees in each county upon appropriation of the quorum court and approval of the county judge in each respective county. Acts 1981, No. 945, §§ 8, 9; A.S.A. 1947, §§ 24-114.8b, 24-114.8c; Acts 1987, No. 120, §§ 1, 2; 1989, No. 394, § 1; 1993, No. 240, § 1; 1999, No. 1242, § 1; 2005, No. 458, § 1.

(a) The office of the Prosecuting Attorney of the Third Judicial District shall receive not less than a contingent expense reimbursement for the expenses of his or her office, including, but not limited to, telephone, telegraph, postage, printing, office supplies and equipment, office rent, stationery, traveling expense, special service, operation of automobiles, and such other expense which, within the discretion of the prosecuting attorney, may be a proper expense of the office, and also including necessary expenses in connection with any proper investigation incident to any criminal law violation or trials before any grand jury or any court within the judicial district coming within the duties of his or her office.

(b) The expenses provided for in subsection (a) of this section shall be borne by the counties constituting the Third Judicial District as follows: (1) Jackson ............... $6,250 per year; (2) Lawrence ............... $6,250 per year; (3) Randolph ............... $6,250 per year; and (4) Sharp ............... $6,250 per year.

(1) Jackson ............... $6,250 per year;

(2) Lawrence ............... $6,250 per year;

(3) Randolph ............... $6,250 per year; and

(4) Sharp ............... $6,250 per year.

(c) (1) The expenses provided for shall be paid in equal quarterly installments from each county general fund, and the checks shall be made payable to the office of the Prosecuting Attorney of the Third Judicial District. (2) Disbursements shall be made by the prosecuting attorney for the necessary expenses of the office based upon adequate documentation.

(1) The expenses provided for shall be paid in equal quarterly installments from each county general fund, and the checks shall be made payable to the office of the Prosecuting Attorney of the Third Judicial District.

(2) Disbursements shall be made by the prosecuting attorney for the necessary expenses of the office based upon adequate documentation.

(d) (1) Each deputy prosecuting attorney of the Third Judicial District shall receive a reimbursement for the expenses of his or her office, including, but not limited to, maintenance and operation, capital outlay, office supplies, telephone, postage, copying, insurance, and library. (2) (A) Disbursements shall be made for the necessary expenses of the office based upon adequate documentation and upon appropriation of the respective county's quorum court and approval of each respective county judge. (B) The prosecuting attorney or deputies may also be allowed additional expenses upon appropriation of the quorum court and approval of each respective county judge.

(1) Each deputy prosecuting attorney of the Third Judicial District shall receive a reimbursement for the expenses of his or her office, including, but not limited to, maintenance and operation, capital outlay, office supplies, telephone, postage, copying, insurance, and library.

(2) (A) Disbursements shall be made for the necessary expenses of the office based upon adequate documentation and upon appropriation of the respective county's quorum court and approval of each respective county judge. (B) The prosecuting attorney or deputies may also be allowed additional expenses upon appropriation of the quorum court and approval of each respective county judge.

(A) Disbursements shall be made for the necessary expenses of the office based upon adequate documentation and upon appropriation of the respective county's quorum court and approval of each respective county judge.

(B) The prosecuting attorney or deputies may also be allowed additional expenses upon appropriation of the quorum court and approval of each respective county judge.

(e) The Prosecuting Attorney of the Third Judicial District shall be entitled to the following assistants and employees: (1) (A) (i) One (1) administrative assistant, whose salary shall not be less than twenty-four thousand five hundred dollars ($24,500) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Jackson County. (B) (i) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Jackson County. (ii) The counties of Lawrence, Randolph, and Sharp each shall reimburse Jackson County for a pro rata share of the salary, Social Security, matching retirement, insurance, and all related salary expenses paid for the position in subdivision (e)(1)(A)(i) of this section; (2) (A) (i) One (1) part-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Lawrence County. (B) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Lawrence County; (3) (A) (i) One (1) full-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Randolph County. (B) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Randolph County; (4) (A) (i) One (1) full-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Sharp County. (B) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Sharp County; and (5) (A) (i) One (1) full-time Jackson County - Third Judicial District secretary, whose salary shall not be less than twenty thousand dollars ($20,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Jackson County. (B) (i) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Jackson County. (ii) The counties of Lawrence, Randolph, and Sharp each shall reimburse Jackson County for a one-eighth (1/8) share of the salary, Social Security, matching retirement, insurance, and all related salary expenses paid for this position.

(1) (A) (i) One (1) administrative assistant, whose salary shall not be less than twenty-four thousand five hundred dollars ($24,500) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Jackson County. (B) (i) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Jackson County. (ii) The counties of Lawrence, Randolph, and Sharp each shall reimburse Jackson County for a pro rata share of the salary, Social Security, matching retirement, insurance, and all related salary expenses paid for the position in subdivision (e)(1)(A)(i) of this section;

(A) (i) One (1) administrative assistant, whose salary shall not be less than twenty-four thousand five hundred dollars ($24,500) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Jackson County.

(i) One (1) administrative assistant, whose salary shall not be less than twenty-four thousand five hundred dollars ($24,500) per annum.

(ii) The salary is to be paid in accordance with the pay periods and payroll policy of Jackson County.

(B) (i) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Jackson County. (ii) The counties of Lawrence, Randolph, and Sharp each shall reimburse Jackson County for a pro rata share of the salary, Social Security, matching retirement, insurance, and all related salary expenses paid for the position in subdivision (e)(1)(A)(i) of this section;

(i) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Jackson County.

(ii) The counties of Lawrence, Randolph, and Sharp each shall reimburse Jackson County for a pro rata share of the salary, Social Security, matching retirement, insurance, and all related salary expenses paid for the position in subdivision (e)(1)(A)(i) of this section;

(2) (A) (i) One (1) part-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Lawrence County. (B) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Lawrence County;

(A) (i) One (1) part-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Lawrence County.

(i) One (1) part-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum.

(ii) The salary is to be paid in accordance with the pay periods and payroll policy of Lawrence County.

(B) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Lawrence County;

(3) (A) (i) One (1) full-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Randolph County. (B) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Randolph County;

(A) (i) One (1) full-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Randolph County.

(i) One (1) full-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum.

(ii) The salary is to be paid in accordance with the pay periods and payroll policy of Randolph County.

(B) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Randolph County;

(4) (A) (i) One (1) full-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Sharp County. (B) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Sharp County; and

(A) (i) One (1) full-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Sharp County.

(i) One (1) full-time secretary, whose salary shall not be less than ten thousand dollars ($10,000) per annum.

(ii) The salary is to be paid in accordance with the pay periods and payroll policy of Sharp County.

(B) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Sharp County; and

(5) (A) (i) One (1) full-time Jackson County - Third Judicial District secretary, whose salary shall not be less than twenty thousand dollars ($20,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Jackson County. (B) (i) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Jackson County. (ii) The counties of Lawrence, Randolph, and Sharp each shall reimburse Jackson County for a one-eighth (1/8) share of the salary, Social Security, matching retirement, insurance, and all related salary expenses paid for this position.

(A) (i) One (1) full-time Jackson County - Third Judicial District secretary, whose salary shall not be less than twenty thousand dollars ($20,000) per annum. (ii) The salary is to be paid in accordance with the pay periods and payroll policy of Jackson County.

(i) One (1) full-time Jackson County - Third Judicial District secretary, whose salary shall not be less than twenty thousand dollars ($20,000) per annum.

(ii) The salary is to be paid in accordance with the pay periods and payroll policy of Jackson County.

(B) (i) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Jackson County. (ii) The counties of Lawrence, Randolph, and Sharp each shall reimburse Jackson County for a one-eighth (1/8) share of the salary, Social Security, matching retirement, insurance, and all related salary expenses paid for this position.

(i) In addition to the salary, Social Security, matching retirement, insurance, and all related salary expenses shall be paid by Jackson County.

(ii) The counties of Lawrence, Randolph, and Sharp each shall reimburse Jackson County for a one-eighth (1/8) share of the salary, Social Security, matching retirement, insurance, and all related salary expenses paid for this position.

(f) Nothing in this section shall prevent or prohibit each quorum court in the respective counties in the Third Judicial District from appropriating additional positions, salaries, salary matching requirements, or expenses greater than the amounts mandated in this section should they deem it necessary to do so.

(g) The Prosecuting Attorney of the Third Judicial District shall be allowed additional assistance and employees in each county upon appropriation of the quorum court and approval of the county judge in each respective county.

Acts 1981, No. 945, §§ 8, 9; A.S.A. 1947, §§ 24-114.8b, 24-114.8c; Acts 1987, No. 120, §§ 1, 2; 1989, No. 394, § 1; 1993, No. 240, § 1; 1999, No. 1242, § 1; 2005, No. 458, § 1.
Ark. Code Ann. § 16-43-603 — AR Code / Title 16 / Chapter 43 / Subchapter 6 / Section 16-43-603
Immunity generally
Status: in_force

Whenever a witness refuses, on the basis of his privilege of self-incrimination, to testify or provide other information in a proceeding before or ancillary to a court, a grand jury, or a prosecuting attorney and the person presiding over the proceeding communicates to the witness an order issued under this subchapter, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination. However, no testimony or other information compelled under the order, or any other information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. Acts 1973, No. 561, § 2; A.S.A. 1947, § 28-532.

Whenever a witness refuses, on the basis of his privilege of self-incrimination, to testify or provide other information in a proceeding before or ancillary to a court, a grand jury, or a prosecuting attorney and the person presiding over the proceeding communicates to the witness an order issued under this subchapter, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination. However, no testimony or other information compelled under the order, or any other information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.

Acts 1973, No. 561, § 2; A.S.A. 1947, § 28-532.
Ark. Code Ann. § 16-19-701 — AR Code / Title 16 / Chapter 19 / Subchapter 7 / Section 16-19-701
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 35, p. 430; C. & M. Dig., § 6443; Pope's Dig., § 8405; A.S.A. 1947, § 26-801.

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021.

Acts 1873, No. 135, § 35, p. 430; C. & M. Dig., § 6443; Pope's Dig., § 8405; A.S.A. 1947, § 26-801.
Ark. Code Ann. § 16-123-313 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-313
Entry into neighborhood
Status: in_force

A person shall not for profit induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, disability, familial status, or national origin. Acts 2001, No. 1785, § 14.

A person shall not for profit induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, disability, familial status, or national origin.

Acts 2001, No. 1785, § 14.
Ark. Code Ann. § 16-17-1114 — AR Code / Title 16 / Chapter 17 / Subchapter 11 / Section 16-17-1114
Reorganization of local district courts to state district courts as of January 1, 2025
Status: in_force

(a) (1) Beginning January 1, 2025, the following cities and counties that are currently served by local district courts under § 16-17-901 et seq. shall be reorganized as state district courts and served by state district court judges as assigned. (2) The new state district court judgeships created by this section shall become effective January 1, 2025, and shall be placed on the ballot to be elected in the 2024 nonpartisan judicial election from the newly constructed state district court district. (3) The cities and counties that were previously served by local district courts and will be served by state district courts shall comply with the cost-sharing requirements established in § 16-17-1106 , effective January 1, 2025. (b) (1) The Thirty-Sixth Judicial District shall be composed of the counties of Little River, Sevier, Pike, and Howard. (2) The Thirty-Sixth Judicial District shall have seven (7) departments as follows: (A) One (1) located in Ashdown; (B) One (1) located in Foreman; (C) One (1) located in Winthrop; (D) One (1) located in De Queen; (E) One (1) located in Nashville; (F) One (1) located in Murfreesboro; and (G) One (1) located in Glenwood. (3) The Thirty-Sixth Judicial District shall be served by two (2) state district court judges. (4) The Thirty-Sixth Judicial District judges shall be elected districtwide. (5) The Thirty-Sixth Judicial District court shall have districtwide jurisdiction. Amended by Act 2019, No. 817,§ 1, eff. 7/24/2019. Added by Act 2015, No. 1081,§ 4, eff. 7/22/2015.

(a) (1) Beginning January 1, 2025, the following cities and counties that are currently served by local district courts under § 16-17-901 et seq. shall be reorganized as state district courts and served by state district court judges as assigned. (2) The new state district court judgeships created by this section shall become effective January 1, 2025, and shall be placed on the ballot to be elected in the 2024 nonpartisan judicial election from the newly constructed state district court district. (3) The cities and counties that were previously served by local district courts and will be served by state district courts shall comply with the cost-sharing requirements established in § 16-17-1106 , effective January 1, 2025.

(1) Beginning January 1, 2025, the following cities and counties that are currently served by local district courts under § 16-17-901 et seq. shall be reorganized as state district courts and served by state district court judges as assigned.

(2) The new state district court judgeships created by this section shall become effective January 1, 2025, and shall be placed on the ballot to be elected in the 2024 nonpartisan judicial election from the newly constructed state district court district.

(3) The cities and counties that were previously served by local district courts and will be served by state district courts shall comply with the cost-sharing requirements established in § 16-17-1106 , effective January 1, 2025.

(b) (1) The Thirty-Sixth Judicial District shall be composed of the counties of Little River, Sevier, Pike, and Howard. (2) The Thirty-Sixth Judicial District shall have seven (7) departments as follows: (A) One (1) located in Ashdown; (B) One (1) located in Foreman; (C) One (1) located in Winthrop; (D) One (1) located in De Queen; (E) One (1) located in Nashville; (F) One (1) located in Murfreesboro; and (G) One (1) located in Glenwood. (3) The Thirty-Sixth Judicial District shall be served by two (2) state district court judges. (4) The Thirty-Sixth Judicial District judges shall be elected districtwide. (5) The Thirty-Sixth Judicial District court shall have districtwide jurisdiction.

(1) The Thirty-Sixth Judicial District shall be composed of the counties of Little River, Sevier, Pike, and Howard.

(2) The Thirty-Sixth Judicial District shall have seven (7) departments as follows: (A) One (1) located in Ashdown; (B) One (1) located in Foreman; (C) One (1) located in Winthrop; (D) One (1) located in De Queen; (E) One (1) located in Nashville; (F) One (1) located in Murfreesboro; and (G) One (1) located in Glenwood.

(A) One (1) located in Ashdown;

(B) One (1) located in Foreman;

(C) One (1) located in Winthrop;

(D) One (1) located in De Queen;

(E) One (1) located in Nashville;

(F) One (1) located in Murfreesboro; and

(G) One (1) located in Glenwood.

(3) The Thirty-Sixth Judicial District shall be served by two (2) state district court judges.

(4) The Thirty-Sixth Judicial District judges shall be elected districtwide.

(5) The Thirty-Sixth Judicial District court shall have districtwide jurisdiction.

Amended by Act 2019, No. 817,§ 1, eff. 7/24/2019.

Added by Act 2015, No. 1081,§ 4, eff. 7/22/2015.
Ark. Code Ann. § 16-4-102 — AR Code / Title 16 / Chapter 4 / Section 16-4-102
Service
Status: in_force

A. Manner and Proof of Service. 1. When the law of this state authorizes service outside this state, the service, when reasonably calculated to give actual notice, may be made: (a) By personal delivery in the manner prescribed for service within this state; (b) In the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction; (c) By any form of mail addressed to the person to be served and requiring a signed receipt; (d) As directed by the foreign authority in response to a letter rogatory; or (e) As directed by the court. 2. Proof of service outside this state may be made by affidavit of the individual who made the service or in the manner prescribed by the law of this state, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court. B. Individuals Eligible to Make Service. Service outside this state may be made by any individual permitted to make service of process under the law of this state or the law of the place in which the service is made or who is designated by a court of this state. In addition, any attorney for a party is eligible to make service of process in the manner prescribed in subparagraphs (c) and (e) of paragraph 1 of subsection A. of this section. C. Individuals to Be Served; Special Cases. When the law of this state requires that in order to effect service, one (1) or more designated individuals be served, service outside this state under this section must be made upon the individual or individuals. D. Assistance to Tribunals and Litigants Outside this State. 1. Any court of record of this state may order service upon any person who is domiciled or can be found within this state of any document issued in connection with a proceeding in a tribunal outside this state. The order may be made upon application of any interested person or in response to a letter rogatory issued by a tribunal outside this state and shall direct the manner of service. 2. Service in connection with a proceeding in a tribunal outside this state may be made within this state without an order of court. 3. Service under this section does not, of itself, require the recognition or enforcement of an order, judgment, or decree rendered outside this state. E. Other Provisions of Law Unaffected. This section does not repeal or modify any other law of this state permitting another procedure for service. Acts 1963, No. 101, § 2; 1973, No. 37, § 1; A.S.A. 1947, § 27-2503.

A. Manner and Proof of Service. 1. When the law of this state authorizes service outside this state, the service, when reasonably calculated to give actual notice, may be made: (a) By personal delivery in the manner prescribed for service within this state; (b) In the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction; (c) By any form of mail addressed to the person to be served and requiring a signed receipt; (d) As directed by the foreign authority in response to a letter rogatory; or (e) As directed by the court. 2. Proof of service outside this state may be made by affidavit of the individual who made the service or in the manner prescribed by the law of this state, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court.

1. When the law of this state authorizes service outside this state, the service, when reasonably calculated to give actual notice, may be made: (a) By personal delivery in the manner prescribed for service within this state; (b) In the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction; (c) By any form of mail addressed to the person to be served and requiring a signed receipt; (d) As directed by the foreign authority in response to a letter rogatory; or (e) As directed by the court.

(a) By personal delivery in the manner prescribed for service within this state;

(b) In the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction;

(c) By any form of mail addressed to the person to be served and requiring a signed receipt;

(d) As directed by the foreign authority in response to a letter rogatory; or

(e) As directed by the court.

2. Proof of service outside this state may be made by affidavit of the individual who made the service or in the manner prescribed by the law of this state, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court.

B. Individuals Eligible to Make Service. Service outside this state may be made by any individual permitted to make service of process under the law of this state or the law of the place in which the service is made or who is designated by a court of this state. In addition, any attorney for a party is eligible to make service of process in the manner prescribed in subparagraphs (c) and (e) of paragraph 1 of subsection A. of this section.

C. Individuals to Be Served; Special Cases. When the law of this state requires that in order to effect service, one (1) or more designated individuals be served, service outside this state under this section must be made upon the individual or individuals.

D. Assistance to Tribunals and Litigants Outside this State. 1. Any court of record of this state may order service upon any person who is domiciled or can be found within this state of any document issued in connection with a proceeding in a tribunal outside this state. The order may be made upon application of any interested person or in response to a letter rogatory issued by a tribunal outside this state and shall direct the manner of service. 2. Service in connection with a proceeding in a tribunal outside this state may be made within this state without an order of court. 3. Service under this section does not, of itself, require the recognition or enforcement of an order, judgment, or decree rendered outside this state.

1. Any court of record of this state may order service upon any person who is domiciled or can be found within this state of any document issued in connection with a proceeding in a tribunal outside this state. The order may be made upon application of any interested person or in response to a letter rogatory issued by a tribunal outside this state and shall direct the manner of service.

2. Service in connection with a proceeding in a tribunal outside this state may be made within this state without an order of court.

3. Service under this section does not, of itself, require the recognition or enforcement of an order, judgment, or decree rendered outside this state.

E. Other Provisions of Law Unaffected. This section does not repeal or modify any other law of this state permitting another procedure for service.

Acts 1963, No. 101, § 2; 1973, No. 37, § 1; A.S.A. 1947, § 27-2503.
Ark. Code Ann. § 16-10-137 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-137
Administrative Office of the Courts - Annual report
Status: in_force

(a) On July 31 of each year, the Administrative Office of the Courts shall submit an annual report to the Legislative Council showing the number of persons charged in circuit court for each criminal offense classification, comparing the state and each judicial district. (b) The report shall include a breakdown by race of all persons charged in each criminal offense classification. (c) The report shall include the same data for those cases in which a final disposition has been entered by the court. Acts 2003, No. 1031, § 3; 2011, No. 1132, § 1.

(a) On July 31 of each year, the Administrative Office of the Courts shall submit an annual report to the Legislative Council showing the number of persons charged in circuit court for each criminal offense classification, comparing the state and each judicial district.

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

(c) The report shall include the same data for those cases in which a final disposition has been entered by the court.

Acts 2003, No. 1031, § 3; 2011, No. 1132, § 1.
Ark. Code Ann. § 16-19-605 — AR Code / Title 16 / Chapter 19 / Subchapter 6 / Section 16-19-605
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 25, p. 430; 1893, No. 71, § 1, p. 116; C. & M. Dig., §§ 3321, 6432, 6433; Pope's Dig., §§ 4169, 8394, 8395; A.S.A. 1947, §§ 26-609, 26-610.

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021.

Acts 1873, No. 135, § 25, p. 430; 1893, No. 71, § 1, p. 116; C. & M. Dig., §§ 3321, 6432, 6433; Pope's Dig., §§ 4169, 8394, 8395; A.S.A. 1947, §§ 26-609, 26-610.
Ark. Code Ann. § 16-47-110 — AR Code / Title 16 / Chapter 47 / Subchapter 1 / Section 16-47-110
Recorded deed or written instrument affecting real estate
Status: in_force

(a) Every deed or instrument in writing which conveys or affects real estate and which is acknowledged or proved and certified as prescribed by this act may, together with the certificate of acknowledgment, proof, or relinquishment of dower, be recorded by the recorder of the county where such land to be conveyed or affected thereby is located, and when so recorded may be read in evidence in any court in this state without further proof of execution. (b) If it appears at any time that any deed or instrument duly acknowledged or proved and recorded as prescribed by this act is lost or not within the power and control of the party wishing to use the deed or instrument, the record thereof or a transcript of the record certified by the recorder may be read in evidence without further proof of execution. (c) Neither the certificate of acknowledgment nor the probate of any such deed or instrument, nor the record or transcript thereof, shall be conclusive, but it may be rebutted. Rev. Stat., ch. 31, §§ 26-28; C. & M. Dig., §§ 1530-1532; Pope's Dig., §§ 1840-1842; A.S.A. 1947, §§ 28-919 -- 28-921.

(a) Every deed or instrument in writing which conveys or affects real estate and which is acknowledged or proved and certified as prescribed by this act may, together with the certificate of acknowledgment, proof, or relinquishment of dower, be recorded by the recorder of the county where such land to be conveyed or affected thereby is located, and when so recorded may be read in evidence in any court in this state without further proof of execution.

(b) If it appears at any time that any deed or instrument duly acknowledged or proved and recorded as prescribed by this act is lost or not within the power and control of the party wishing to use the deed or instrument, the record thereof or a transcript of the record certified by the recorder may be read in evidence without further proof of execution.

(c) Neither the certificate of acknowledgment nor the probate of any such deed or instrument, nor the record or transcript thereof, shall be conclusive, but it may be rebutted.

Rev. Stat., ch. 31, §§ 26-28; C. & M. Dig., §§ 1530-1532; Pope's Dig., §§ 1840-1842; A.S.A. 1947, §§ 28-919 -- 28-921.
Ark. Code Ann. § 16-93-104 — AR Code / Title 16 / Chapter 93 / Subchapter 1 / Section 16-93-104
Supervision fee - Direct payment by offender - Failure to pay
Status: in_force

(a) (1) An offender on probation, parole, post-release supervision, or transfer under supervision of the Division of Community Correction shall pay to the division a monthly supervision fee. (2) (A) The monthly supervision fee under subdivision (a)(1) of this section is thirty-five dollars ($35.00). (B) However, by rule the Board of Corrections may increase or decrease the monthly supervision fee by not more than twenty percent (20%) of the amount of the monthly supervision fee assessed at the time of the increase or decrease, subject to the following: (i) A rule under this subdivision (a)(2)(B) may provide for an individualized monthly supervision fee assessment process; (ii) A rule under this subdivision (a)(2)(B) may provide for the decrease of a monthly supervision fee if an emergency is declared under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq.; (iii) An increase in a monthly supervision fee may not result in the monthly supervision fee exceeding fifty dollars ($50.00); (iv) A monthly supervision fee may not be increased more than one (1) time per two (2) calendar years; and (v) An increase or decrease in a monthly supervision fee shall be approved by the Legislative Council as required under § 10-3-309 . (C) The division shall give notice of at least thirty (30) days to all parolees and probationers of an increase or decrease in the monthly supervision fee. (3) The Director of the Division of Community Correction or his or her designee shall deposit each payment received under this subsection into the State Treasury as special revenues credited to the Community Correction Revolving Fund. (4) Expenditures from the fund shall be used for continuation and expansion of community correction programs and supervision as established and approved by the Board of Corrections. (b) (1) When an offender on probation defaults in the payment of supervision fees or any installment thereof, the court may require the offender to show cause why he or she would not be imprisoned for nonpayment. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so to the court in writing, under oath, and the court so finds. (3) Unless the offender shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court may order the defendant imprisoned until the payments are made. (4) If the court determines that the default in payment is not attributable to the causes specified in subdivision (b)(3) of this section, the court may enter an order allowing the offender additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion thereof in whole or in part. (c) (1) The offender on parole or post-release supervision may be imprisoned for violation of parole or post-release supervision if the offender is financially able to make the payments and if the payments are not made and the Post-Prison Transfer Board so finds, subject to the limitations set out in this subsection. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so under oath to the Post-Prison Transfer Board in writing, and the Post-Prison Transfer Board so finds. (d) Court costs under § 16-10-305 shall be collected in full before any fees are collected under this section. Amended by Act 2023, No. 659,§ 152, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 151, eff. 1/1/2024. Amended by Act 2021, No. 625,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1307, eff. 7/24/2019. Amended by Act 2019, No. 249,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 282,§ 11, eff. 3/6/2013. Acts 1981, No. 70, §§ 1, 2; 1983, No. 887, §§ 1, 2; A.S.A. 1947, §§ 43-2808.1, 43-2808.2; Acts 1997, No. 278, § 1; 2011, No. 570, § 85.

(a) (1) An offender on probation, parole, post-release supervision, or transfer under supervision of the Division of Community Correction shall pay to the division a monthly supervision fee. (2) (A) The monthly supervision fee under subdivision (a)(1) of this section is thirty-five dollars ($35.00). (B) However, by rule the Board of Corrections may increase or decrease the monthly supervision fee by not more than twenty percent (20%) of the amount of the monthly supervision fee assessed at the time of the increase or decrease, subject to the following: (i) A rule under this subdivision (a)(2)(B) may provide for an individualized monthly supervision fee assessment process; (ii) A rule under this subdivision (a)(2)(B) may provide for the decrease of a monthly supervision fee if an emergency is declared under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq.; (iii) An increase in a monthly supervision fee may not result in the monthly supervision fee exceeding fifty dollars ($50.00); (iv) A monthly supervision fee may not be increased more than one (1) time per two (2) calendar years; and (v) An increase or decrease in a monthly supervision fee shall be approved by the Legislative Council as required under § 10-3-309 . (C) The division shall give notice of at least thirty (30) days to all parolees and probationers of an increase or decrease in the monthly supervision fee. (3) The Director of the Division of Community Correction or his or her designee shall deposit each payment received under this subsection into the State Treasury as special revenues credited to the Community Correction Revolving Fund. (4) Expenditures from the fund shall be used for continuation and expansion of community correction programs and supervision as established and approved by the Board of Corrections.

(1) An offender on probation, parole, post-release supervision, or transfer under supervision of the Division of Community Correction shall pay to the division a monthly supervision fee.

(2) (A) The monthly supervision fee under subdivision (a)(1) of this section is thirty-five dollars ($35.00). (B) However, by rule the Board of Corrections may increase or decrease the monthly supervision fee by not more than twenty percent (20%) of the amount of the monthly supervision fee assessed at the time of the increase or decrease, subject to the following: (i) A rule under this subdivision (a)(2)(B) may provide for an individualized monthly supervision fee assessment process; (ii) A rule under this subdivision (a)(2)(B) may provide for the decrease of a monthly supervision fee if an emergency is declared under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq.; (iii) An increase in a monthly supervision fee may not result in the monthly supervision fee exceeding fifty dollars ($50.00); (iv) A monthly supervision fee may not be increased more than one (1) time per two (2) calendar years; and (v) An increase or decrease in a monthly supervision fee shall be approved by the Legislative Council as required under § 10-3-309 . (C) The division shall give notice of at least thirty (30) days to all parolees and probationers of an increase or decrease in the monthly supervision fee.

(A) The monthly supervision fee under subdivision (a)(1) of this section is thirty-five dollars ($35.00).

(B) However, by rule the Board of Corrections may increase or decrease the monthly supervision fee by not more than twenty percent (20%) of the amount of the monthly supervision fee assessed at the time of the increase or decrease, subject to the following: (i) A rule under this subdivision (a)(2)(B) may provide for an individualized monthly supervision fee assessment process; (ii) A rule under this subdivision (a)(2)(B) may provide for the decrease of a monthly supervision fee if an emergency is declared under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq.; (iii) An increase in a monthly supervision fee may not result in the monthly supervision fee exceeding fifty dollars ($50.00); (iv) A monthly supervision fee may not be increased more than one (1) time per two (2) calendar years; and (v) An increase or decrease in a monthly supervision fee shall be approved by the Legislative Council as required under § 10-3-309 .

(i) A rule under this subdivision (a)(2)(B) may provide for an individualized monthly supervision fee assessment process;

(ii) A rule under this subdivision (a)(2)(B) may provide for the decrease of a monthly supervision fee if an emergency is declared under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq.;

(iii) An increase in a monthly supervision fee may not result in the monthly supervision fee exceeding fifty dollars ($50.00);

(iv) A monthly supervision fee may not be increased more than one (1) time per two (2) calendar years; and

(v) An increase or decrease in a monthly supervision fee shall be approved by the Legislative Council as required under § 10-3-309 .

(C) The division shall give notice of at least thirty (30) days to all parolees and probationers of an increase or decrease in the monthly supervision fee.

(3) The Director of the Division of Community Correction or his or her designee shall deposit each payment received under this subsection into the State Treasury as special revenues credited to the Community Correction Revolving Fund.

(4) Expenditures from the fund shall be used for continuation and expansion of community correction programs and supervision as established and approved by the Board of Corrections.

(b) (1) When an offender on probation defaults in the payment of supervision fees or any installment thereof, the court may require the offender to show cause why he or she would not be imprisoned for nonpayment. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so to the court in writing, under oath, and the court so finds. (3) Unless the offender shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court may order the defendant imprisoned until the payments are made. (4) If the court determines that the default in payment is not attributable to the causes specified in subdivision (b)(3) of this section, the court may enter an order allowing the offender additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion thereof in whole or in part.

(1) When an offender on probation defaults in the payment of supervision fees or any installment thereof, the court may require the offender to show cause why he or she would not be imprisoned for nonpayment.

(2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so to the court in writing, under oath, and the court so finds.

(3) Unless the offender shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court may order the defendant imprisoned until the payments are made.

(4) If the court determines that the default in payment is not attributable to the causes specified in subdivision (b)(3) of this section, the court may enter an order allowing the offender additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion thereof in whole or in part.

(c) (1) The offender on parole or post-release supervision may be imprisoned for violation of parole or post-release supervision if the offender is financially able to make the payments and if the payments are not made and the Post-Prison Transfer Board so finds, subject to the limitations set out in this subsection. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so under oath to the Post-Prison Transfer Board in writing, and the Post-Prison Transfer Board so finds.

(1) The offender on parole or post-release supervision may be imprisoned for violation of parole or post-release supervision if the offender is financially able to make the payments and if the payments are not made and the Post-Prison Transfer Board so finds, subject to the limitations set out in this subsection.

(2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so under oath to the Post-Prison Transfer Board in writing, and the Post-Prison Transfer Board so finds.

(d) Court costs under § 16-10-305 shall be collected in full before any fees are collected under this section.

Amended by Act 2023, No. 659,§ 152, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 151, eff. 1/1/2024.

Amended by Act 2021, No. 625,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1307, eff. 7/24/2019.

Amended by Act 2019, No. 249,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 282,§ 11, eff. 3/6/2013.

Acts 1981, No. 70, §§ 1, 2; 1983, No. 887, §§ 1, 2; A.S.A. 1947, §§ 43-2808.1, 43-2808.2; Acts 1997, No. 278, § 1; 2011, No. 570, § 85.
Ark. Code Ann. § 16-47-209 — AR Code / Title 16 / Chapter 47 / Subchapter 2 / Section 16-47-209
Authentication of acknowledgments
Status: in_force

(a) If the acknowledgment is taken within this state or is made without this state but in the United States by one (1) of the officers designated in § 16-47-203 , or without the United States by an officer of the United States, no authentication shall be necessary. (b) If the acknowledgment is made without the United States and by a notary public or a judge or clerk of a court of record of the country where the acknowledgment is made, the certificate shall be authenticated by a certificate under the great seal of state of the country, affixed by the custodian of such seal, or by a certificate of a diplomatic, consular, or commercial officer of the United States accredited to that country, certifying as to the official character of such officer. Acts 1943, No. 169, § 9; 1957, No. 411, § 2; 1971, No. 365, § 1; A.S.A. 1947, § 49-109.

(a) If the acknowledgment is taken within this state or is made without this state but in the United States by one (1) of the officers designated in § 16-47-203 , or without the United States by an officer of the United States, no authentication shall be necessary.

(b) If the acknowledgment is made without the United States and by a notary public or a judge or clerk of a court of record of the country where the acknowledgment is made, the certificate shall be authenticated by a certificate under the great seal of state of the country, affixed by the custodian of such seal, or by a certificate of a diplomatic, consular, or commercial officer of the United States accredited to that country, certifying as to the official character of such officer.

Acts 1943, No. 169, § 9; 1957, No. 411, § 2; 1971, No. 365, § 1; A.S.A. 1947, § 49-109.
Ark. Code Ann. § 16-64-103 — AR Code / Title 16 / Chapter 64 / Section 16-64-103
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 52, eff. 8/16/2013. Civil Code, § 337; C. & M. Dig., § 1266; Pope's Dig., § 1490; A.S.A. 1947, § 27-1704.

Repealed by Act 2013, No. 1148,§ 52, eff. 8/16/2013.

Civil Code, § 337; C. & M. Dig., § 1266; Pope's Dig., § 1490; A.S.A. 1947, § 27-1704.
Ark. Code Ann. § 16-65-113 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-113
Entry into judgment book - Index
Status: in_force

(a) The clerk must keep among the records of the court a book to be called the judgment book. (b) The entry in the judgment book must show the names of the plaintiff and defendant and, if more than one (1), then of the first-named of each in the pleadings with the words "and others", the term at which the judgment was entered, and a reference to the order book and page at which the judgment is to be found, with a space left for the entry of the satisfaction of the judgment. (c) (1) The clerk shall immediately after the rendition of any judgment or decree enter it in the judgment book, in which shall be alphabetically cross-indexed all the judgments of the court, according to the surnames of the plaintiff and defendant. If there is more than one (1) plaintiff or defendant, then the names of all plaintiffs and defendants shall be so indexed and cross-indexed. (2) It shall be so arranged that all the judgments in the case of plaintiffs whose surnames commence with the same letter and all of each term shall immediately succeed each other. (d) If a clerk scans judgments so that they appear in full on an internet-based system or other similar electronic system and are searchable by name and case number, the requirements of this subchapter no longer apply. Rev. Stat., ch. 84, § 31; Civil Code, § 424; Acts 1909, No. 17, § 1, p. 26; C. & M. Dig., § 6282; Pope's Dig., § 8238; A.S.A. 1947, §§ 29-118, 29-120, 29-121; Acts 2009, No. 1209, § 1.

(a) The clerk must keep among the records of the court a book to be called the judgment book.

(b) The entry in the judgment book must show the names of the plaintiff and defendant and, if more than one (1), then of the first-named of each in the pleadings with the words "and others", the term at which the judgment was entered, and a reference to the order book and page at which the judgment is to be found, with a space left for the entry of the satisfaction of the judgment.

(c) (1) The clerk shall immediately after the rendition of any judgment or decree enter it in the judgment book, in which shall be alphabetically cross-indexed all the judgments of the court, according to the surnames of the plaintiff and defendant. If there is more than one (1) plaintiff or defendant, then the names of all plaintiffs and defendants shall be so indexed and cross-indexed. (2) It shall be so arranged that all the judgments in the case of plaintiffs whose surnames commence with the same letter and all of each term shall immediately succeed each other.

(1) The clerk shall immediately after the rendition of any judgment or decree enter it in the judgment book, in which shall be alphabetically cross-indexed all the judgments of the court, according to the surnames of the plaintiff and defendant. If there is more than one (1) plaintiff or defendant, then the names of all plaintiffs and defendants shall be so indexed and cross-indexed.

(2) It shall be so arranged that all the judgments in the case of plaintiffs whose surnames commence with the same letter and all of each term shall immediately succeed each other.

(d) If a clerk scans judgments so that they appear in full on an internet-based system or other similar electronic system and are searchable by name and case number, the requirements of this subchapter no longer apply.

Rev. Stat., ch. 84, § 31; Civil Code, § 424; Acts 1909, No. 17, § 1, p. 26; C. & M. Dig., § 6282; Pope's Dig., § 8238; A.S.A. 1947, §§ 29-118, 29-120, 29-121; Acts 2009, No. 1209, § 1.
Ark. Code Ann. § 16-21-128 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-128
The Eighth Judicial District
Status: in_force

(a) The Eighth Judicial District-North shall be a Division A Judicial District. (b) Effective January 1, 1999, the Eighth Judicial District-South shall be a Division A Judicial District. Acts 1993, No. 1306, § 1; 1997, No. 1270, § 5; 1999, No. 35, § 1; 2011, No. 220, § 1.

(a) The Eighth Judicial District-North shall be a Division A Judicial District.

(b) Effective January 1, 1999, the Eighth Judicial District-South shall be a Division A Judicial District.

Acts 1993, No. 1306, § 1; 1997, No. 1270, § 5; 1999, No. 35, § 1; 2011, No. 220, § 1.
Ark. Code Ann. § 16-106-401 — AR Code / Title 16 / Chapter 106 / Subchapter 4 / Section 16-106-401
Settlement negotiations
Status: in_force

The State of Arkansas does not waive its sovereign immunity when, through its counsel or otherwise, it enters into negotiations concerning the possible settlement of pending or threatened claims or litigation, whether the pending or threatened claims or litigation are governed by Rule 23 of the Arkansas Rules of Civil Procedure, Rule 23 of the Federal Rules of Civil Procedure, or otherwise. Acts 2003, No. 298, § 1.

The State of Arkansas does not waive its sovereign immunity when, through its counsel or otherwise, it enters into negotiations concerning the possible settlement of pending or threatened claims or litigation, whether the pending or threatened claims or litigation are governed by Rule 23 of the Arkansas Rules of Civil Procedure, Rule 23 of the Federal Rules of Civil Procedure, or otherwise.

Acts 2003, No. 298, § 1.
Ark. Code Ann. § 16-68-503 — AR Code / Title 16 / Chapter 68 / Subchapter 5 / Section 16-68-503
Fee bills of officers and witnesses
Status: in_force

(a) All officers and witnesses entitled to fees by the law for services rendered in any suit, matter, or controversy pending in any court of record may make out fee bills for the services at the end of each term of the court wherein the suit, matter, or controversy is pending, charging the party at whose instance the services were rendered. (b) The fee bill shall be examined by the clerk of the court in which the services were rendered. If found correct, the clerk shall certify the fee bill and deliver the fee bill to the sheriff of the proper county to be collected by him or her. Acts 1842, §§ 27, 28, p. 27; C. & M. Dig., §§ 4618, 4619; Pope's Dig., §§ 5707, 5709; A.S.A. 1947, §§ 27-2328, 27-2329.

(a) All officers and witnesses entitled to fees by the law for services rendered in any suit, matter, or controversy pending in any court of record may make out fee bills for the services at the end of each term of the court wherein the suit, matter, or controversy is pending, charging the party at whose instance the services were rendered.

(b) The fee bill shall be examined by the clerk of the court in which the services were rendered. If found correct, the clerk shall certify the fee bill and deliver the fee bill to the sheriff of the proper county to be collected by him or her.

Acts 1842, §§ 27, 28, p. 27; C. & M. Dig., §§ 4618, 4619; Pope's Dig., §§ 5707, 5709; A.S.A. 1947, §§ 27-2328, 27-2329.
Ark. Code Ann. § 16-90-1412 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1412
Sealing certain convictions for victims of human trafficking - Definition
Status: in_force

(a) As used in this section, "victim of human trafficking" means a person who has been subjected to trafficking of persons, § 5-18-103 , or any former law of this state, law of another state, or federal law that is substantially similar. (b) (1) A person convicted of prostitution, § 5-70-102 , may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person's having been a victim of human trafficking. (2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time. (c) The court shall grant the uniform petition under this section if it finds by a preponderance of the evidence that: (1) The petitioner was convicted of prostitution, § 5-70-102 ; and (2) (A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking. (B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210 . (d) If the uniform petition under this section is granted, the court shall: (1) Issue a uniform order to seal the conviction; and (2) With respect to the conviction for prostitution, § 5-70-102 , redact the petitioner's name from all records and files related to the petitioner's: (A) Arrest; (B) Citation; (C) Criminal investigation; (D) Criminal charge; (E) Adjudication of guilt; (F) Criminal proceedings; and (G) Probation for the offense. (e) (1) Official documentation by a federal, state, or local government agency verifying that at the time of the conviction for prostitution, § 5-70-102 , the petitioner was a victim of human trafficking creates a presumption under this section that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking. (2) Documentation under this subsection is not required to grant a petition under this section. (3) Documentation under this subsection may include without limitation: (A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or (B) Certified records of "approval notices" or "law enforcement certifications" generated from federal immigration proceedings available to victims of human trafficking. Amended by Act 2021, No. 1106,§ 5, eff. 7/28/2021. Added by Act 2015, No. 1152,§ 12, eff. 7/22/2015.

(a) As used in this section, "victim of human trafficking" means a person who has been subjected to trafficking of persons, § 5-18-103 , or any former law of this state, law of another state, or federal law that is substantially similar.

(b) (1) A person convicted of prostitution, § 5-70-102 , may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person's having been a victim of human trafficking. (2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time.

(1) A person convicted of prostitution, § 5-70-102 , may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person's having been a victim of human trafficking.

(2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time.

(c) The court shall grant the uniform petition under this section if it finds by a preponderance of the evidence that: (1) The petitioner was convicted of prostitution, § 5-70-102 ; and (2) (A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking. (B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210 .

(1) The petitioner was convicted of prostitution, § 5-70-102 ; and

(2) (A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking. (B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210 .

(A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking.

(B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210 .

(d) If the uniform petition under this section is granted, the court shall: (1) Issue a uniform order to seal the conviction; and (2) With respect to the conviction for prostitution, § 5-70-102 , redact the petitioner's name from all records and files related to the petitioner's: (A) Arrest; (B) Citation; (C) Criminal investigation; (D) Criminal charge; (E) Adjudication of guilt; (F) Criminal proceedings; and (G) Probation for the offense.

(1) Issue a uniform order to seal the conviction; and

(2) With respect to the conviction for prostitution, § 5-70-102 , redact the petitioner's name from all records and files related to the petitioner's: (A) Arrest; (B) Citation; (C) Criminal investigation; (D) Criminal charge; (E) Adjudication of guilt; (F) Criminal proceedings; and (G) Probation for the offense.

(A) Arrest;

(B) Citation;

(C) Criminal investigation;

(D) Criminal charge;

(E) Adjudication of guilt;

(F) Criminal proceedings; and

(G) Probation for the offense.

(e) (1) Official documentation by a federal, state, or local government agency verifying that at the time of the conviction for prostitution, § 5-70-102 , the petitioner was a victim of human trafficking creates a presumption under this section that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking. (2) Documentation under this subsection is not required to grant a petition under this section. (3) Documentation under this subsection may include without limitation: (A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or (B) Certified records of "approval notices" or "law enforcement certifications" generated from federal immigration proceedings available to victims of human trafficking.

(1) Official documentation by a federal, state, or local government agency verifying that at the time of the conviction for prostitution, § 5-70-102 , the petitioner was a victim of human trafficking creates a presumption under this section that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking.

(2) Documentation under this subsection is not required to grant a petition under this section.

(3) Documentation under this subsection may include without limitation: (A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or (B) Certified records of "approval notices" or "law enforcement certifications" generated from federal immigration proceedings available to victims of human trafficking.

(A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or

(B) Certified records of "approval notices" or "law enforcement certifications" generated from federal immigration proceedings available to victims of human trafficking.

Amended by Act 2021, No. 1106,§ 5, eff. 7/28/2021.

Added by Act 2015, No. 1152,§ 12, eff. 7/22/2015.
Ark. Code Ann. § 16-93-708 — AR Code / Title 16 / Chapter 93 / Subchapter 7 / Section 16-93-708
Parole alternative - Home detention - Definitions
Status: in_force

(a) As used in this section: (1) "Approved electronic monitoring or supervising device" means an electronic device approved by the Board of Corrections that meets the minimum Federal Communications Commission regulations and requirements and that utilizes available technology that is able to track a person's location and monitor his or her location; (2) "Hospice" means an autonomous, centrally administered, medically directed, coordinated program providing a continuum of home, outpatient, and homelike inpatient care for the terminally ill patient and the patient's family and which employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social, and economic stresses that are experienced during the final stages of illness and during dying and bereavement; (3) "Permanently incapacitated" means an inmate who, as determined by a licensed physician: (A) Has a medical condition that is not necessarily terminal but renders him or her permanently and irreversibly incapacitated; and (B) Requires immediate and long-term care; and (4) "Terminally ill" means an inmate who, as determined by a licensed physician: (A) Has an incurable condition caused by illness or disease; and (B) Will likely die within two (2) years due to the illness or disease. (b) (1) (A) Subject to the provisions of subdivision (b)(2) of this section, a defendant convicted of a felony or misdemeanor and sentenced to imprisonment may be incarcerated in a home detention program when the Director of the Division of Correction or the Director of the Division of Community Correction communicates to the Post-Prison Transfer Board when, in the independent opinions of either a Division of Correction physician or Division of Community Correction physician and a consultant physician in Arkansas, an inmate is either terminally ill, permanently incapacitated, or would be suitable for hospice care and should be considered for transfer to parole supervision. (B) The Director of the Division of Correction or the Director of the Division of Community Correction shall make the facts described in subdivision (b)(1)(A) of this section known to the Post-Prison Transfer Board for consideration of early release to home detention. (2) The Board of Corrections shall promulgate rules that will establish policy and procedures for incarceration in a home detention program. (c) (1) In all instances in which the Division of Correction may release any inmate to community supervision, in addition to all other conditions that may be imposed by the Division of Correction, the Division of Correction may require the criminal defendant to participate in a home detention program. (2) (A) The term of the home detention shall not exceed the maximum number of years of imprisonment or supervision to which the inmate could be sentenced. (B) The length of time the defendant participates in a home detention program and any good-time credit awarded shall be credited against the defendant's sentence. (d) (1) The Board of Corrections shall establish policy and procedures for participation in a home detention program, including, but not limited to, program criteria, terms, and conditions of release. (2) An inmate who is not serving a sentence of life without parole who is released on parole under this section because he or she is terminally ill, permanently incapacitated, or would be suitable for hospice care may be released to the care of his or her family or to a friend or a facility, subject to board approval. (e) If the medical condition of an inmate who is released under this section because he or she is terminally ill, permanently incapacitated, or would be suitable for hospice care changes to the point that the inmate is no longer terminally ill, permanently incapacitated, or suitable for hospice care, the inmate shall be returned to the custody of the Division of Correction and shall be required to be reconsidered for parole. Amended by Act 2023, No. 659,§ 208, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 207, eff. 1/1/2024. Amended by Act 2015, No. 895,§ 27, eff. 4/1/2015. Amended by Act 2013, No. 1335,§ 5, eff. 8/16/2013. Acts 1991, No. 263, §§ 1-3; 1991, No. 307, §§ 1-3; 2005, No. 680, § 3; 2011, No. 570, § 104.

(a) As used in this section: (1) "Approved electronic monitoring or supervising device" means an electronic device approved by the Board of Corrections that meets the minimum Federal Communications Commission regulations and requirements and that utilizes available technology that is able to track a person's location and monitor his or her location; (2) "Hospice" means an autonomous, centrally administered, medically directed, coordinated program providing a continuum of home, outpatient, and homelike inpatient care for the terminally ill patient and the patient's family and which employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social, and economic stresses that are experienced during the final stages of illness and during dying and bereavement; (3) "Permanently incapacitated" means an inmate who, as determined by a licensed physician: (A) Has a medical condition that is not necessarily terminal but renders him or her permanently and irreversibly incapacitated; and (B) Requires immediate and long-term care; and (4) "Terminally ill" means an inmate who, as determined by a licensed physician: (A) Has an incurable condition caused by illness or disease; and (B) Will likely die within two (2) years due to the illness or disease.

(1) "Approved electronic monitoring or supervising device" means an electronic device approved by the Board of Corrections that meets the minimum Federal Communications Commission regulations and requirements and that utilizes available technology that is able to track a person's location and monitor his or her location;

(2) "Hospice" means an autonomous, centrally administered, medically directed, coordinated program providing a continuum of home, outpatient, and homelike inpatient care for the terminally ill patient and the patient's family and which employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social, and economic stresses that are experienced during the final stages of illness and during dying and bereavement;

(3) "Permanently incapacitated" means an inmate who, as determined by a licensed physician: (A) Has a medical condition that is not necessarily terminal but renders him or her permanently and irreversibly incapacitated; and (B) Requires immediate and long-term care; and

(A) Has a medical condition that is not necessarily terminal but renders him or her permanently and irreversibly incapacitated; and

(B) Requires immediate and long-term care; and

(4) "Terminally ill" means an inmate who, as determined by a licensed physician: (A) Has an incurable condition caused by illness or disease; and (B) Will likely die within two (2) years due to the illness or disease.

(A) Has an incurable condition caused by illness or disease; and

(B) Will likely die within two (2) years due to the illness or disease.

(b) (1) (A) Subject to the provisions of subdivision (b)(2) of this section, a defendant convicted of a felony or misdemeanor and sentenced to imprisonment may be incarcerated in a home detention program when the Director of the Division of Correction or the Director of the Division of Community Correction communicates to the Post-Prison Transfer Board when, in the independent opinions of either a Division of Correction physician or Division of Community Correction physician and a consultant physician in Arkansas, an inmate is either terminally ill, permanently incapacitated, or would be suitable for hospice care and should be considered for transfer to parole supervision. (B) The Director of the Division of Correction or the Director of the Division of Community Correction shall make the facts described in subdivision (b)(1)(A) of this section known to the Post-Prison Transfer Board for consideration of early release to home detention. (2) The Board of Corrections shall promulgate rules that will establish policy and procedures for incarceration in a home detention program.

(1) (A) Subject to the provisions of subdivision (b)(2) of this section, a defendant convicted of a felony or misdemeanor and sentenced to imprisonment may be incarcerated in a home detention program when the Director of the Division of Correction or the Director of the Division of Community Correction communicates to the Post-Prison Transfer Board when, in the independent opinions of either a Division of Correction physician or Division of Community Correction physician and a consultant physician in Arkansas, an inmate is either terminally ill, permanently incapacitated, or would be suitable for hospice care and should be considered for transfer to parole supervision. (B) The Director of the Division of Correction or the Director of the Division of Community Correction shall make the facts described in subdivision (b)(1)(A) of this section known to the Post-Prison Transfer Board for consideration of early release to home detention.

(A) Subject to the provisions of subdivision (b)(2) of this section, a defendant convicted of a felony or misdemeanor and sentenced to imprisonment may be incarcerated in a home detention program when the Director of the Division of Correction or the Director of the Division of Community Correction communicates to the Post-Prison Transfer Board when, in the independent opinions of either a Division of Correction physician or Division of Community Correction physician and a consultant physician in Arkansas, an inmate is either terminally ill, permanently incapacitated, or would be suitable for hospice care and should be considered for transfer to parole supervision.

(B) The Director of the Division of Correction or the Director of the Division of Community Correction shall make the facts described in subdivision (b)(1)(A) of this section known to the Post-Prison Transfer Board for consideration of early release to home detention.

(2) The Board of Corrections shall promulgate rules that will establish policy and procedures for incarceration in a home detention program.

(c) (1) In all instances in which the Division of Correction may release any inmate to community supervision, in addition to all other conditions that may be imposed by the Division of Correction, the Division of Correction may require the criminal defendant to participate in a home detention program. (2) (A) The term of the home detention shall not exceed the maximum number of years of imprisonment or supervision to which the inmate could be sentenced. (B) The length of time the defendant participates in a home detention program and any good-time credit awarded shall be credited against the defendant's sentence.

(1) In all instances in which the Division of Correction may release any inmate to community supervision, in addition to all other conditions that may be imposed by the Division of Correction, the Division of Correction may require the criminal defendant to participate in a home detention program.

(2) (A) The term of the home detention shall not exceed the maximum number of years of imprisonment or supervision to which the inmate could be sentenced. (B) The length of time the defendant participates in a home detention program and any good-time credit awarded shall be credited against the defendant's sentence.

(A) The term of the home detention shall not exceed the maximum number of years of imprisonment or supervision to which the inmate could be sentenced.

(B) The length of time the defendant participates in a home detention program and any good-time credit awarded shall be credited against the defendant's sentence.

(d) (1) The Board of Corrections shall establish policy and procedures for participation in a home detention program, including, but not limited to, program criteria, terms, and conditions of release. (2) An inmate who is not serving a sentence of life without parole who is released on parole under this section because he or she is terminally ill, permanently incapacitated, or would be suitable for hospice care may be released to the care of his or her family or to a friend or a facility, subject to board approval.

(1) The Board of Corrections shall establish policy and procedures for participation in a home detention program, including, but not limited to, program criteria, terms, and conditions of release.

(2) An inmate who is not serving a sentence of life without parole who is released on parole under this section because he or she is terminally ill, permanently incapacitated, or would be suitable for hospice care may be released to the care of his or her family or to a friend or a facility, subject to board approval.

(e) If the medical condition of an inmate who is released under this section because he or she is terminally ill, permanently incapacitated, or would be suitable for hospice care changes to the point that the inmate is no longer terminally ill, permanently incapacitated, or suitable for hospice care, the inmate shall be returned to the custody of the Division of Correction and shall be required to be reconsidered for parole.

Amended by Act 2023, No. 659,§ 208, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 207, eff. 1/1/2024.

Amended by Act 2015, No. 895,§ 27, eff. 4/1/2015.

Amended by Act 2013, No. 1335,§ 5, eff. 8/16/2013.

Acts 1991, No. 263, §§ 1-3; 1991, No. 307, §§ 1-3; 2005, No. 680, § 3; 2011, No. 570, § 104.
Ark. Code Ann. § 16-90-703 — AR Code / Title 16 / Chapter 90 / Subchapter 7 / Section 16-90-703
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Allowable expense" means charges incurred for needed products, services, and accommodations, including, but not limited to: (i) Medical care; (ii) Rehabilitation; (iii) Rehabilitative occupational training; (iv) Crime scene cleanup; and (v) Other remedial treatment and care. (B) "Allowable expense" also includes a reasonable and necessary amount for expenses related to funeral, cremation, or burial; (2) "Board" means the Crime Victims Reparations Board created by § 16-90-705 ; (3) (A) "Claimant" means any of the following persons applying for reparations under this subchapter: (i) A victim; (ii) A dependent of a victim who has died because of criminally injurious conduct; or (iii) A person authorized to act on behalf of any of the persons enumerated in this subdivision (3)(A). (B) "Claimant" shall not include a service provider; (4) "Collateral source" means a source of benefits or advantages for economic loss which the claimant has received or which is readily available to the claimant from any one (1) or more of the following: (A) The offender; (B) The United States Government or any agency thereof in the form of benefits, such as Social Security, Medicare, and Medicaid; (C) A state or any of its political subdivisions; (D) State-required temporary nonoccupational disability insurance; (E) Workers' compensation; (F) Wage continuation programs of any employer; (G) Proceeds of a contract of insurance payable to the claimant for loss which the victim sustained because of the criminally injurious conduct; or (H) A contract providing prepaid hospital and other healthcare services or benefits for disability; (5) (A) (i) "Criminally injurious conduct" means an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. (ii) "Criminally injurious conduct" shall include acts of terrorism committed outside of the United States as defined in 18 U.S.C. § 2331 against any Arkansas resident. (iii) "Criminally injurious conduct" does not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts involve any of the following: (a) Injury or death intentionally inflicted through the use of a motor vehicle, boat, or aircraft; (b) A violation of the Omnibus DWI or BWI Act, § 5-65-101 et seq.; or (c) A violation of § 27-53-101 . (B) For the purposes of this subchapter, a person shall be deemed to have committed criminally injurious conduct, notwithstanding that by reason of age, insanity, drunkenness, or other reason he or she was legally incapable of committing a crime; (6) "Dependent" means a natural person wholly or partially dependent upon the victim for care or support and includes a child of the victim born after the death of the victim where the death occurred as a result of criminally injurious conduct; (7) "Economic loss" means monetary detriment consisting of allowable expense and work loss, but shall not include noneconomic detriment; (8) "Immediate family" means a person's spouse, children, parents or guardian, siblings, and grandparents, whether related by blood, adoption, or marriage; (9) "Noneconomic detriment" means: (A) Pain; (B) Suffering; (C) Inconvenience; (D) Physical impairment; and (E) Nonpecuniary damage; (10) "Personal injury" means actual bodily harm, including pregnancy or mental anguish which is the direct result of a violent criminal act; (11) (A) "Victim" means a person who suffers personal injury or death as a result of criminally injurious conduct committed either within the State of Arkansas or against any Arkansas resident who suffers personal injury as the result of criminally injurious conduct which occurs in states presently not having crime victims reparations programs for which the victim is eligible, and further includes any Arkansas resident who is injured or killed by an act of terrorism committed outside of the United States, as defined in 18 U.S.C. § 2331 . (B) "Victim" shall also include a person who: (i) Is the child, whether by blood, adoption, or marriage, of a victim as defined in subdivision (11)(A) of this section; (ii) Is an immediate family member of a deceased victim, a victim of sexual assault, or a child victim; (iii) Is not an immediate family member, but who resided at the time of the crime in the same permanent household as a deceased victim; or (iv) Discovered the body of a victim who died as the result of criminally injurious conduct; and (12) "Work loss" means loss of income from work the victim or claimant would have performed if the victim had not been injured or died, reduced by any income from substitute work actually performed by the victim or claimant or by income the victim or claimant would have earned in available appropriate substitute work that he or she was capable of performing but unreasonably failed to undertake. Amended by Act 2015, No. 299,§ 24, eff. 7/22/2015. Acts 1987, No. 817, § 3; 1991, No. 396, §§ 2, 3; 1997, No. 818, §§ 1, 2; 1997, No. 887, § 1; 1999, No. 1502, §§ 1, 2; 1999, No. 1508, §§ 5, 6, 7; 2001, No. 548, § 1.

As used in this subchapter:

(1) (A) "Allowable expense" means charges incurred for needed products, services, and accommodations, including, but not limited to: (i) Medical care; (ii) Rehabilitation; (iii) Rehabilitative occupational training; (iv) Crime scene cleanup; and (v) Other remedial treatment and care. (B) "Allowable expense" also includes a reasonable and necessary amount for expenses related to funeral, cremation, or burial;

(A) "Allowable expense" means charges incurred for needed products, services, and accommodations, including, but not limited to: (i) Medical care; (ii) Rehabilitation; (iii) Rehabilitative occupational training; (iv) Crime scene cleanup; and (v) Other remedial treatment and care.

(i) Medical care;

(ii) Rehabilitation;

(iii) Rehabilitative occupational training;

(iv) Crime scene cleanup; and

(v) Other remedial treatment and care.

(B) "Allowable expense" also includes a reasonable and necessary amount for expenses related to funeral, cremation, or burial;

(2) "Board" means the Crime Victims Reparations Board created by § 16-90-705 ;

(3) (A) "Claimant" means any of the following persons applying for reparations under this subchapter: (i) A victim; (ii) A dependent of a victim who has died because of criminally injurious conduct; or (iii) A person authorized to act on behalf of any of the persons enumerated in this subdivision (3)(A). (B) "Claimant" shall not include a service provider;

(A) "Claimant" means any of the following persons applying for reparations under this subchapter: (i) A victim; (ii) A dependent of a victim who has died because of criminally injurious conduct; or (iii) A person authorized to act on behalf of any of the persons enumerated in this subdivision (3)(A).

(i) A victim;

(ii) A dependent of a victim who has died because of criminally injurious conduct; or

(iii) A person authorized to act on behalf of any of the persons enumerated in this subdivision (3)(A).

(B) "Claimant" shall not include a service provider;

(4) "Collateral source" means a source of benefits or advantages for economic loss which the claimant has received or which is readily available to the claimant from any one (1) or more of the following: (A) The offender; (B) The United States Government or any agency thereof in the form of benefits, such as Social Security, Medicare, and Medicaid; (C) A state or any of its political subdivisions; (D) State-required temporary nonoccupational disability insurance; (E) Workers' compensation; (F) Wage continuation programs of any employer; (G) Proceeds of a contract of insurance payable to the claimant for loss which the victim sustained because of the criminally injurious conduct; or (H) A contract providing prepaid hospital and other healthcare services or benefits for disability;

(A) The offender;

(B) The United States Government or any agency thereof in the form of benefits, such as Social Security, Medicare, and Medicaid;

(C) A state or any of its political subdivisions;

(D) State-required temporary nonoccupational disability insurance;

(E) Workers' compensation;

(F) Wage continuation programs of any employer;

(G) Proceeds of a contract of insurance payable to the claimant for loss which the victim sustained because of the criminally injurious conduct; or

(H) A contract providing prepaid hospital and other healthcare services or benefits for disability;

(5) (A) (i) "Criminally injurious conduct" means an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. (ii) "Criminally injurious conduct" shall include acts of terrorism committed outside of the United States as defined in 18 U.S.C. § 2331 against any Arkansas resident. (iii) "Criminally injurious conduct" does not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts involve any of the following: (a) Injury or death intentionally inflicted through the use of a motor vehicle, boat, or aircraft; (b) A violation of the Omnibus DWI or BWI Act, § 5-65-101 et seq.; or (c) A violation of § 27-53-101 . (B) For the purposes of this subchapter, a person shall be deemed to have committed criminally injurious conduct, notwithstanding that by reason of age, insanity, drunkenness, or other reason he or she was legally incapable of committing a crime;

(A) (i) "Criminally injurious conduct" means an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. (ii) "Criminally injurious conduct" shall include acts of terrorism committed outside of the United States as defined in 18 U.S.C. § 2331 against any Arkansas resident. (iii) "Criminally injurious conduct" does not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts involve any of the following: (a) Injury or death intentionally inflicted through the use of a motor vehicle, boat, or aircraft; (b) A violation of the Omnibus DWI or BWI Act, § 5-65-101 et seq.; or (c) A violation of § 27-53-101 .

(i) "Criminally injurious conduct" means an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death.

(ii) "Criminally injurious conduct" shall include acts of terrorism committed outside of the United States as defined in 18 U.S.C. § 2331 against any Arkansas resident.

(iii) "Criminally injurious conduct" does not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts involve any of the following: (a) Injury or death intentionally inflicted through the use of a motor vehicle, boat, or aircraft; (b) A violation of the Omnibus DWI or BWI Act, § 5-65-101 et seq.; or (c) A violation of § 27-53-101 .

(a) Injury or death intentionally inflicted through the use of a motor vehicle, boat, or aircraft;

(b) A violation of the Omnibus DWI or BWI Act, § 5-65-101 et seq.; or

(c) A violation of § 27-53-101 .

(B) For the purposes of this subchapter, a person shall be deemed to have committed criminally injurious conduct, notwithstanding that by reason of age, insanity, drunkenness, or other reason he or she was legally incapable of committing a crime;

(6) "Dependent" means a natural person wholly or partially dependent upon the victim for care or support and includes a child of the victim born after the death of the victim where the death occurred as a result of criminally injurious conduct;

(7) "Economic loss" means monetary detriment consisting of allowable expense and work loss, but shall not include noneconomic detriment;

(8) "Immediate family" means a person's spouse, children, parents or guardian, siblings, and grandparents, whether related by blood, adoption, or marriage;

(9) "Noneconomic detriment" means: (A) Pain; (B) Suffering; (C) Inconvenience; (D) Physical impairment; and (E) Nonpecuniary damage;

(A) Pain;

(B) Suffering;

(C) Inconvenience;

(D) Physical impairment; and

(E) Nonpecuniary damage;

(10) "Personal injury" means actual bodily harm, including pregnancy or mental anguish which is the direct result of a violent criminal act;

(11) (A) "Victim" means a person who suffers personal injury or death as a result of criminally injurious conduct committed either within the State of Arkansas or against any Arkansas resident who suffers personal injury as the result of criminally injurious conduct which occurs in states presently not having crime victims reparations programs for which the victim is eligible, and further includes any Arkansas resident who is injured or killed by an act of terrorism committed outside of the United States, as defined in 18 U.S.C. § 2331 . (B) "Victim" shall also include a person who: (i) Is the child, whether by blood, adoption, or marriage, of a victim as defined in subdivision (11)(A) of this section; (ii) Is an immediate family member of a deceased victim, a victim of sexual assault, or a child victim; (iii) Is not an immediate family member, but who resided at the time of the crime in the same permanent household as a deceased victim; or (iv) Discovered the body of a victim who died as the result of criminally injurious conduct; and

(A) "Victim" means a person who suffers personal injury or death as a result of criminally injurious conduct committed either within the State of Arkansas or against any Arkansas resident who suffers personal injury as the result of criminally injurious conduct which occurs in states presently not having crime victims reparations programs for which the victim is eligible, and further includes any Arkansas resident who is injured or killed by an act of terrorism committed outside of the United States, as defined in 18 U.S.C. § 2331 .

(B) "Victim" shall also include a person who: (i) Is the child, whether by blood, adoption, or marriage, of a victim as defined in subdivision (11)(A) of this section; (ii) Is an immediate family member of a deceased victim, a victim of sexual assault, or a child victim; (iii) Is not an immediate family member, but who resided at the time of the crime in the same permanent household as a deceased victim; or (iv) Discovered the body of a victim who died as the result of criminally injurious conduct; and

(i) Is the child, whether by blood, adoption, or marriage, of a victim as defined in subdivision (11)(A) of this section;

(ii) Is an immediate family member of a deceased victim, a victim of sexual assault, or a child victim;

(iii) Is not an immediate family member, but who resided at the time of the crime in the same permanent household as a deceased victim; or

(iv) Discovered the body of a victim who died as the result of criminally injurious conduct; and

(12) "Work loss" means loss of income from work the victim or claimant would have performed if the victim had not been injured or died, reduced by any income from substitute work actually performed by the victim or claimant or by income the victim or claimant would have earned in available appropriate substitute work that he or she was capable of performing but unreasonably failed to undertake.

Amended by Act 2015, No. 299,§ 24, eff. 7/22/2015.

Acts 1987, No. 817, § 3; 1991, No. 396, §§ 2, 3; 1997, No. 818, §§ 1, 2; 1997, No. 887, § 1; 1999, No. 1502, §§ 1, 2; 1999, No. 1508, §§ 5, 6, 7; 2001, No. 548, § 1.
Ark. Code Ann. § 16-32-102 — AR Code / Title 16 / Chapter 32 / Subchapter 1 / Section 16-32-102
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 6, eff. 8/16/2013. Acts 1969, No. 568, §§ 10-12; 1975, No. 485, § 1; A.S.A. 1947, §§ 39-201.1 -- 39-204.

Repealed by Act 2013, No. 1148,§ 6, eff. 8/16/2013.

Acts 1969, No. 568, §§ 10-12; 1975, No. 485, § 1; A.S.A. 1947, §§ 39-201.1 -- 39-204.
Ark. Code Ann. § 16-123-406 — AR Code / Title 16 / Chapter 123 / Subchapter 4 / Section 16-123-406
Interpretation
Status: in_force

(a) This subchapter does not affect, interpret, or in any way address that portion of the United States Constitution, Amendment I, prohibiting laws respecting the establishment of religion or of Arkansas Constitution, Article 2, § 25, concerning protection of religion. (b) Granting government funding, benefits, or exemptions, to the extent permissible under the United States Constitution, Amendment I, prohibiting laws respecting the establishment of religion or of Arkansas Constitution, Article 2, § 25, shall not constitute a violation of this subchapter. (c) As used in this section, "granting", with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions. (d) This subchapter shall be construed in favor of a broad protection of free exercise of religious beliefs, to the maximum extent permitted by the Arkansas Constitution and the United States Constitution. Amended by Act 2023, No. 733,§ 4, eff. 8/1/2023. Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.

(a) This subchapter does not affect, interpret, or in any way address that portion of the United States Constitution, Amendment I, prohibiting laws respecting the establishment of religion or of Arkansas Constitution, Article 2, § 25, concerning protection of religion.

(b) Granting government funding, benefits, or exemptions, to the extent permissible under the United States Constitution, Amendment I, prohibiting laws respecting the establishment of religion or of Arkansas Constitution, Article 2, § 25, shall not constitute a violation of this subchapter.

(c) As used in this section, "granting", with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.

(d) This subchapter shall be construed in favor of a broad protection of free exercise of religious beliefs, to the maximum extent permitted by the Arkansas Constitution and the United States Constitution.

Amended by Act 2023, No. 733,§ 4, eff. 8/1/2023.

Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.
Ark. Code Ann. § 16-117-401 — AR Code / Title 16 / Chapter 117 / Subchapter 4 / Section 16-117-401
Assignee to take possession of property - Inventory - Bond to be given
Status: in_force

(a) In all cases in which any person makes an assignment of his or her property for the benefit of his or her creditors, it shall be the duty of the assignee named in the deed of assignment to take immediate possession of the property for the purpose of making an inventory and description of the property and for the care and preservation of the property. (b) Within ten (10) days after taking possession of the property, the assignee shall file with the clerk of the circuit court a full, true, and complete inventory and description of the property together with his or her bond in double the amount of the supposed value of the property with good security, to be approved by the clerk of the circuit court, which bond shall be conditioned that the assignee shall faithfully execute the trust confided to him or her under the provisions of the deed of assignment, and the order of the circuit court. Acts 1895, No. 109, § 1, p. 162; C. & M. Dig., § 486; Pope's Dig., § 523; A.S.A. 1947, § 36-301; Acts 2003, No. 1185, § 239.

(a) In all cases in which any person makes an assignment of his or her property for the benefit of his or her creditors, it shall be the duty of the assignee named in the deed of assignment to take immediate possession of the property for the purpose of making an inventory and description of the property and for the care and preservation of the property.

(b) Within ten (10) days after taking possession of the property, the assignee shall file with the clerk of the circuit court a full, true, and complete inventory and description of the property together with his or her bond in double the amount of the supposed value of the property with good security, to be approved by the clerk of the circuit court, which bond shall be conditioned that the assignee shall faithfully execute the trust confided to him or her under the provisions of the deed of assignment, and the order of the circuit court.

Acts 1895, No. 109, § 1, p. 162; C. & M. Dig., § 486; Pope's Dig., § 523; A.S.A. 1947, § 36-301; Acts 2003, No. 1185, § 239.
Ark. Code Ann. § 16-106-301 — AR Code / Title 16 / Chapter 106 / Subchapter 3 / Section 16-106-301
Exhaustion of administrative remedies required - Definition
Status: in_force

(a) An incarcerated person may not bring an action with respect to prison conditions under the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq., any other state law, 42 U.S.C. § 1983 , or any other federal law until the incarcerated person has exhausted all available administrative remedies. (b) As used in this section, "incarcerated person" means a person who: (1) Has been convicted of an offense and is incarcerated for that offense; or (2) Is being held in custody for trial or sentencing. (c) This section does not apply to an action challenging the validity of a conviction or sentence, including without limitation the following actions: (1) Direct appeal; (2) A petition under Rule 37 of the Arkansas Rules of Criminal Procedure; (3) A petition for writ of error coram nobis; or (4) A petition for writ of habeas corpus. (d) When determining the issue of exhaustion of administrative remedies, including if a dismissal of an action is without prejudice, the court may look to state and federal court decisions that interpret the Prison Litigation Reform Act, 42 U.S.C. § 1997e . Amended by Act 2019, No. 444,§ 1, eff. 7/24/2019. Acts 1997, No. 851, § 1.

(a) An incarcerated person may not bring an action with respect to prison conditions under the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq., any other state law, 42 U.S.C. § 1983 , or any other federal law until the incarcerated person has exhausted all available administrative remedies.

(b) As used in this section, "incarcerated person" means a person who: (1) Has been convicted of an offense and is incarcerated for that offense; or (2) Is being held in custody for trial or sentencing.

(1) Has been convicted of an offense and is incarcerated for that offense; or

(2) Is being held in custody for trial or sentencing.

(c) This section does not apply to an action challenging the validity of a conviction or sentence, including without limitation the following actions: (1) Direct appeal; (2) A petition under Rule 37 of the Arkansas Rules of Criminal Procedure; (3) A petition for writ of error coram nobis; or (4) A petition for writ of habeas corpus.

(1) Direct appeal;

(2) A petition under Rule 37 of the Arkansas Rules of Criminal Procedure;

(3) A petition for writ of error coram nobis; or

(4) A petition for writ of habeas corpus.

(d) When determining the issue of exhaustion of administrative remedies, including if a dismissal of an action is without prejudice, the court may look to state and federal court decisions that interpret the Prison Litigation Reform Act, 42 U.S.C. § 1997e .

Amended by Act 2019, No. 444,§ 1, eff. 7/24/2019.

Acts 1997, No. 851, § 1.
Ark. Code Ann. § 16-10-124 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-124
Enforcement of return of writ or process and payment of moneys
Status: in_force

Each court may enforce by attachment the return of any writ or process issued out of the same court and the payment of moneys had and received by any sheriff, coroner, constable, attorney, or collector in his or her official capacity, and the delivery of papers entrusted to him or her officially, and unlawfully withheld. Rev. Stat., ch. 43, § 22; C. & M. Dig., § 2106; Pope's Dig., § 2710; A.S.A. 1947, § 22-112.

Each court may enforce by attachment the return of any writ or process issued out of the same court and the payment of moneys had and received by any sheriff, coroner, constable, attorney, or collector in his or her official capacity, and the delivery of papers entrusted to him or her officially, and unlawfully withheld.

Rev. Stat., ch. 43, § 22; C. & M. Dig., § 2106; Pope's Dig., § 2710; A.S.A. 1947, § 22-112.
Ark. Code Ann. § 16-21-106 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-106
Assistance to victims and witnesses of crimes - Victim of crimes case coordinator
Status: in_force

(a) (1) The prosecuting attorneys shall, upon request, provide to a victim and the immediate family members of all homicide victims, whether or not they are witnesses in criminal proceedings, notice of critical events in the criminal justice process, which shall include, but not be limited to: (A) Notice of motions or hearings to establish or reduce bail or authorize other pretrial release from custody; (B) Notice of proceedings in which any plea agreement may be submitted; (C) Notice of trial; (D) Notice of any motion that may substantially delay the prosecution; (E) Notice that a court proceeding for which the victim has been subpoenaed will not transpire as scheduled; (F) Notice of the date, time, and place of the defendant's appearance before a judicial officer; (G) The function of a presentence report, the name, street address, and telephone number of the agency preparing the report, and the defendant's right of access to the report; (H) Notice of the victim's right under this act to present a victim impact statement and the defendant's right to be present at the sentencing proceeding; (I) Notice of the date, time, and place of any sentencing proceeding; (J) Notice of the date, time, and place of any hearing for reconsideration of a sentence imposed; (K) Notice of any sentence imposed and any modification of that sentence; and (L) Notice of the right to receive information from the Department of Corrections, Arkansas State Hospital, and any other facility to which the defendant is committed by the court. (2) After a prosecution is commenced, the prosecuting attorney shall promptly inform a victim of: (A) Relevant criminal justice procedures; (B) The crime with which the defendant has been charged, including an explanation of the elements of the crime, if necessary to an understanding of the nature of the crime; and (C) The file number of the case and the prosecuting attorney's name, office address, and telephone number. (3) (A) The notice may be accomplished by providing the victim or immediate family member with a telephone number to a computer notification program. (B) Prosecutors remain responsible for providing the notice in instances where no computer notification program exists. (4) When an immediate family member has been charged with the homicide, that person shall not be notified in accordance with this section. (b) (1) Prosecuting attorneys shall confer with the victim before amending or dismissing a charge or agreeing to a negotiated plea or pretrial diversion. (2) Failure of the prosecuting attorney to confer with the victim does not affect the validity of an agreement between the prosecuting attorney and the defendant or of an amendment, dismissal, plea, pretrial diversion, or other disposition. (c) (1) The prosecuting attorney of the county from which the inmate was committed shall notify the Post-Prison Transfer Board at the time of commitment of the desire of the victim or member of the victim's family to be notified of any future parole, post-release supervision, or clemency hearings, and to forward to the board the last known address and telephone number of the victim or member of the victim's family. (2) It shall be the responsibility of the victim or the victim's next of kin to notify the board after the date of commitment of any change in regard to the desire to be notified of any future parole, post-release supervision, or clemency hearings. (d) The prosecuting attorneys and deputy prosecuting attorneys shall provide the following services to victims of crimes and witnesses of crimes and the family members of all homicide victims, whether or not they are witnesses in criminal proceedings: (1) Assisting the persons in obtaining protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts; (2) Assisting the persons in applying for financial assistance and other social services available as a result of being a witness or victim of a crime; (3) Assisting the persons in applying for any witness fees to which they are entitled; (4) Providing, when possible, a secure waiting area during court proceedings that does not require the persons to be in close proximity to the defendants and families and friends of the defendants and otherwise make a reasonable effort to minimize unwanted contact between the victim, members of the victim's family, or prosecution witnesses and the defendant, members of the defendant's family, or defense witnesses before, during, and immediately after a judicial proceeding; and (5) Interceding with the persons' employers to assure that the employers cooperate with the criminal justice process in order to minimize loss of pay and other benefits resulting from court appearances. (e) In order to enable the prosecuting attorney to perform the additional duties provided in this section: (1) The prosecutor may request the county judge of the county to designate or provide an appropriate room or area in the county courthouse, reasonably close to the courtroom, to serve as a waiting area during court proceedings to accommodate the families and friends of the defendants, as provided in subsection (d) of this section; and (2) The prosecutor may request the quorum court of the county to provide additional employees for his or her office to be known as victim of crimes case coordinators at such salary as may be determined by the quorum court, to be in addition to any other position available to the prosecutor's office. Amended by Act 2023, No. 659,§ 120, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 853, eff. 7/1/2019. Acts 1983, No. 526, §§ 1, 2; 1985, No. 450, §§ 1, 2; A.S.A. 1947, §§ 24-141, 24-142; Acts 1991, No. 904, §§ 14, 20; 1991, No. 1124, § 1; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4; 1997, No. 736, § 1; 1997, No. 1262, § 16; 1999, No. 1508, § 7; 2005, No. 1975, § 2.

(a) (1) The prosecuting attorneys shall, upon request, provide to a victim and the immediate family members of all homicide victims, whether or not they are witnesses in criminal proceedings, notice of critical events in the criminal justice process, which shall include, but not be limited to: (A) Notice of motions or hearings to establish or reduce bail or authorize other pretrial release from custody; (B) Notice of proceedings in which any plea agreement may be submitted; (C) Notice of trial; (D) Notice of any motion that may substantially delay the prosecution; (E) Notice that a court proceeding for which the victim has been subpoenaed will not transpire as scheduled; (F) Notice of the date, time, and place of the defendant's appearance before a judicial officer; (G) The function of a presentence report, the name, street address, and telephone number of the agency preparing the report, and the defendant's right of access to the report; (H) Notice of the victim's right under this act to present a victim impact statement and the defendant's right to be present at the sentencing proceeding; (I) Notice of the date, time, and place of any sentencing proceeding; (J) Notice of the date, time, and place of any hearing for reconsideration of a sentence imposed; (K) Notice of any sentence imposed and any modification of that sentence; and (L) Notice of the right to receive information from the Department of Corrections, Arkansas State Hospital, and any other facility to which the defendant is committed by the court. (2) After a prosecution is commenced, the prosecuting attorney shall promptly inform a victim of: (A) Relevant criminal justice procedures; (B) The crime with which the defendant has been charged, including an explanation of the elements of the crime, if necessary to an understanding of the nature of the crime; and (C) The file number of the case and the prosecuting attorney's name, office address, and telephone number. (3) (A) The notice may be accomplished by providing the victim or immediate family member with a telephone number to a computer notification program. (B) Prosecutors remain responsible for providing the notice in instances where no computer notification program exists. (4) When an immediate family member has been charged with the homicide, that person shall not be notified in accordance with this section.

(1) The prosecuting attorneys shall, upon request, provide to a victim and the immediate family members of all homicide victims, whether or not they are witnesses in criminal proceedings, notice of critical events in the criminal justice process, which shall include, but not be limited to: (A) Notice of motions or hearings to establish or reduce bail or authorize other pretrial release from custody; (B) Notice of proceedings in which any plea agreement may be submitted; (C) Notice of trial; (D) Notice of any motion that may substantially delay the prosecution; (E) Notice that a court proceeding for which the victim has been subpoenaed will not transpire as scheduled; (F) Notice of the date, time, and place of the defendant's appearance before a judicial officer; (G) The function of a presentence report, the name, street address, and telephone number of the agency preparing the report, and the defendant's right of access to the report; (H) Notice of the victim's right under this act to present a victim impact statement and the defendant's right to be present at the sentencing proceeding; (I) Notice of the date, time, and place of any sentencing proceeding; (J) Notice of the date, time, and place of any hearing for reconsideration of a sentence imposed; (K) Notice of any sentence imposed and any modification of that sentence; and (L) Notice of the right to receive information from the Department of Corrections, Arkansas State Hospital, and any other facility to which the defendant is committed by the court.

(A) Notice of motions or hearings to establish or reduce bail or authorize other pretrial release from custody;

(B) Notice of proceedings in which any plea agreement may be submitted;

(C) Notice of trial;

(D) Notice of any motion that may substantially delay the prosecution;

(E) Notice that a court proceeding for which the victim has been subpoenaed will not transpire as scheduled;

(F) Notice of the date, time, and place of the defendant's appearance before a judicial officer;

(G) The function of a presentence report, the name, street address, and telephone number of the agency preparing the report, and the defendant's right of access to the report;

(H) Notice of the victim's right under this act to present a victim impact statement and the defendant's right to be present at the sentencing proceeding;

(I) Notice of the date, time, and place of any sentencing proceeding;

(J) Notice of the date, time, and place of any hearing for reconsideration of a sentence imposed;

(K) Notice of any sentence imposed and any modification of that sentence; and

(L) Notice of the right to receive information from the Department of Corrections, Arkansas State Hospital, and any other facility to which the defendant is committed by the court.

(2) After a prosecution is commenced, the prosecuting attorney shall promptly inform a victim of: (A) Relevant criminal justice procedures; (B) The crime with which the defendant has been charged, including an explanation of the elements of the crime, if necessary to an understanding of the nature of the crime; and (C) The file number of the case and the prosecuting attorney's name, office address, and telephone number.

(A) Relevant criminal justice procedures;

(B) The crime with which the defendant has been charged, including an explanation of the elements of the crime, if necessary to an understanding of the nature of the crime; and

(C) The file number of the case and the prosecuting attorney's name, office address, and telephone number.

(3) (A) The notice may be accomplished by providing the victim or immediate family member with a telephone number to a computer notification program. (B) Prosecutors remain responsible for providing the notice in instances where no computer notification program exists.

(A) The notice may be accomplished by providing the victim or immediate family member with a telephone number to a computer notification program.

(B) Prosecutors remain responsible for providing the notice in instances where no computer notification program exists.

(4) When an immediate family member has been charged with the homicide, that person shall not be notified in accordance with this section.

(b) (1) Prosecuting attorneys shall confer with the victim before amending or dismissing a charge or agreeing to a negotiated plea or pretrial diversion. (2) Failure of the prosecuting attorney to confer with the victim does not affect the validity of an agreement between the prosecuting attorney and the defendant or of an amendment, dismissal, plea, pretrial diversion, or other disposition.

(1) Prosecuting attorneys shall confer with the victim before amending or dismissing a charge or agreeing to a negotiated plea or pretrial diversion.

(2) Failure of the prosecuting attorney to confer with the victim does not affect the validity of an agreement between the prosecuting attorney and the defendant or of an amendment, dismissal, plea, pretrial diversion, or other disposition.

(c) (1) The prosecuting attorney of the county from which the inmate was committed shall notify the Post-Prison Transfer Board at the time of commitment of the desire of the victim or member of the victim's family to be notified of any future parole, post-release supervision, or clemency hearings, and to forward to the board the last known address and telephone number of the victim or member of the victim's family. (2) It shall be the responsibility of the victim or the victim's next of kin to notify the board after the date of commitment of any change in regard to the desire to be notified of any future parole, post-release supervision, or clemency hearings.

(1) The prosecuting attorney of the county from which the inmate was committed shall notify the Post-Prison Transfer Board at the time of commitment of the desire of the victim or member of the victim's family to be notified of any future parole, post-release supervision, or clemency hearings, and to forward to the board the last known address and telephone number of the victim or member of the victim's family.

(2) It shall be the responsibility of the victim or the victim's next of kin to notify the board after the date of commitment of any change in regard to the desire to be notified of any future parole, post-release supervision, or clemency hearings.

(d) The prosecuting attorneys and deputy prosecuting attorneys shall provide the following services to victims of crimes and witnesses of crimes and the family members of all homicide victims, whether or not they are witnesses in criminal proceedings: (1) Assisting the persons in obtaining protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts; (2) Assisting the persons in applying for financial assistance and other social services available as a result of being a witness or victim of a crime; (3) Assisting the persons in applying for any witness fees to which they are entitled; (4) Providing, when possible, a secure waiting area during court proceedings that does not require the persons to be in close proximity to the defendants and families and friends of the defendants and otherwise make a reasonable effort to minimize unwanted contact between the victim, members of the victim's family, or prosecution witnesses and the defendant, members of the defendant's family, or defense witnesses before, during, and immediately after a judicial proceeding; and (5) Interceding with the persons' employers to assure that the employers cooperate with the criminal justice process in order to minimize loss of pay and other benefits resulting from court appearances.

(1) Assisting the persons in obtaining protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts;

(2) Assisting the persons in applying for financial assistance and other social services available as a result of being a witness or victim of a crime;

(3) Assisting the persons in applying for any witness fees to which they are entitled;

(4) Providing, when possible, a secure waiting area during court proceedings that does not require the persons to be in close proximity to the defendants and families and friends of the defendants and otherwise make a reasonable effort to minimize unwanted contact between the victim, members of the victim's family, or prosecution witnesses and the defendant, members of the defendant's family, or defense witnesses before, during, and immediately after a judicial proceeding; and

(5) Interceding with the persons' employers to assure that the employers cooperate with the criminal justice process in order to minimize loss of pay and other benefits resulting from court appearances.

(e) In order to enable the prosecuting attorney to perform the additional duties provided in this section: (1) The prosecutor may request the county judge of the county to designate or provide an appropriate room or area in the county courthouse, reasonably close to the courtroom, to serve as a waiting area during court proceedings to accommodate the families and friends of the defendants, as provided in subsection (d) of this section; and (2) The prosecutor may request the quorum court of the county to provide additional employees for his or her office to be known as victim of crimes case coordinators at such salary as may be determined by the quorum court, to be in addition to any other position available to the prosecutor's office.

(1) The prosecutor may request the county judge of the county to designate or provide an appropriate room or area in the county courthouse, reasonably close to the courtroom, to serve as a waiting area during court proceedings to accommodate the families and friends of the defendants, as provided in subsection (d) of this section; and

(2) The prosecutor may request the quorum court of the county to provide additional employees for his or her office to be known as victim of crimes case coordinators at such salary as may be determined by the quorum court, to be in addition to any other position available to the prosecutor's office.

Amended by Act 2023, No. 659,§ 120, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 853, eff. 7/1/2019.

Acts 1983, No. 526, §§ 1, 2; 1985, No. 450, §§ 1, 2; A.S.A. 1947, §§ 24-141, 24-142; Acts 1991, No. 904, §§ 14, 20; 1991, No. 1124, § 1; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4; 1997, No. 736, § 1; 1997, No. 1262, § 16; 1999, No. 1508, § 7; 2005, No. 1975, § 2.
Ark. Code Ann. § 16-93-102 — AR Code / Title 16 / Chapter 93 / Subchapter 1 / Section 16-93-102
Applicability of act to certain persons
Status: in_force

The provisions of this act are extended to any person who as of March 1, 1968, may be on parole or eligible to be placed on parole under existing laws, with the same force and effect as if this act had been in operation at the time the person was placed on parole or became eligible to be placed thereon, as the case may be. Acts 1968 (1st Ex. Sess.), No. 50, § 33; A.S.A. 1947, § 43-2812.

The provisions of this act are extended to any person who as of March 1, 1968, may be on parole or eligible to be placed on parole under existing laws, with the same force and effect as if this act had been in operation at the time the person was placed on parole or became eligible to be placed thereon, as the case may be.

Acts 1968 (1st Ex. Sess.), No. 50, § 33; A.S.A. 1947, § 43-2812.
Ark. Code Ann. § 16-21-206 — AR Code / Title 16 / Chapter 21 / Subchapter 2 / Section 16-21-206
Additional duties of commission
Status: in_force

In addition to existing duties, the Prosecution Coordination Commission may: (1) Administer and disburse federal funds, grants, donations, and funds from public and private sources to carry out its responsibilities; (2) Educate professionals, law enforcement, judges, state agencies, and victim services providers on: (A) The role of the Arkansas Prosecuting Attorneys Association; (B) The impact of crime on victims; and (C) Prosecutor victim advocacy services; (3) Maintain information on criminal justice information systems for prosecuting attorneys and victim services; (4) Advise the Governor and the General Assembly as to the long-range and short-range goals and needs concerning crime rates and the criminal justice system and its impact on the victims of crime; (5) Provide support, coordination, education, and technical assistance on issues of concern to prosecuting attorneys and crime victim services providers; (6) Provide support, coordination, technical assistance, and training in accounting, programmatic, and service delivery to subgrantees; (7) Establish peer-review panels in the course of the award and administration of grants; and (8) Approve the expenditure of funds from the Law Enforcement and Prosecutor Drug Enforcement Training Fund. Acts 1995, No. 1221, § 2.

In addition to existing duties, the Prosecution Coordination Commission may:

(1) Administer and disburse federal funds, grants, donations, and funds from public and private sources to carry out its responsibilities;

(2) Educate professionals, law enforcement, judges, state agencies, and victim services providers on: (A) The role of the Arkansas Prosecuting Attorneys Association; (B) The impact of crime on victims; and (C) Prosecutor victim advocacy services;

(A) The role of the Arkansas Prosecuting Attorneys Association;

(B) The impact of crime on victims; and

(C) Prosecutor victim advocacy services;

(3) Maintain information on criminal justice information systems for prosecuting attorneys and victim services;

(4) Advise the Governor and the General Assembly as to the long-range and short-range goals and needs concerning crime rates and the criminal justice system and its impact on the victims of crime;

(5) Provide support, coordination, education, and technical assistance on issues of concern to prosecuting attorneys and crime victim services providers;

(6) Provide support, coordination, technical assistance, and training in accounting, programmatic, and service delivery to subgrantees;

(7) Establish peer-review panels in the course of the award and administration of grants; and

(8) Approve the expenditure of funds from the Law Enforcement and Prosecutor Drug Enforcement Training Fund.

Acts 1995, No. 1221, § 2.
Ark. Code Ann. § 16-3-102 — AR Code / Title 16 / Chapter 3 / Section 16-3-102
Time advertisement to run
Status: in_force

(a) When any legal advertisement or notice is required by law to be published and no definite time is given for it to run, it shall be construed to mean for one (1) week. (b) When a definite time is specified, it shall be construed to mean once a week during the time so specified, except that when a definite time is specified for publication of constitutional amendments proposed by the General Assembly, it shall be construed to mean publication in four (4) weekly issues of some newspaper in each county as is provided by law. Acts 1891, No. 157, § 6, p. 269; 1893, No. 181, § 2, p. 329; C. & M. Dig., § 6809; Pope's Dig., § 8785; Acts 1969, No. 116, § 5; A.S.A. 1947, § 15-106; Acts 1991, No. 798, § 2.

(a) When any legal advertisement or notice is required by law to be published and no definite time is given for it to run, it shall be construed to mean for one (1) week.

(b) When a definite time is specified, it shall be construed to mean once a week during the time so specified, except that when a definite time is specified for publication of constitutional amendments proposed by the General Assembly, it shall be construed to mean publication in four (4) weekly issues of some newspaper in each county as is provided by law.

Acts 1891, No. 157, § 6, p. 269; 1893, No. 181, § 2, p. 329; C. & M. Dig., § 6809; Pope's Dig., § 8785; Acts 1969, No. 116, § 5; A.S.A. 1947, § 15-106; Acts 1991, No. 798, § 2.
Ark. Code Ann. § 16-13-208 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-208
Adjournments - Recess
Status: in_force

There shall be no adjournments of circuit courts. However, courts shall be deemed in recess while not engaged in the transaction of business. Acts 1951, No. 207, § 1; A.S.A. 1947, § 22-312.

There shall be no adjournments of circuit courts. However, courts shall be deemed in recess while not engaged in the transaction of business.

Acts 1951, No. 207, § 1; A.S.A. 1947, § 22-312.
Ark. Code Ann. § 16-87-216 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-216
Juvenile Ombudsman Division - Definitions
Status: in_force

(a) For purposes of this section, the following definitions shall apply: (1) "Best interests of the juvenile" includes those actions and courses of action which: (A) Keep the juvenile safe from physical, mental, or sexual abuse while in state custody; (B) Are considerate of the court's recommendations and adhere to the juvenile's treatment plan; and (C) Work toward rehabilitating the juvenile; (2) "Division" means the Division of Youth Services of the Department of Human Services; (3) "Executive director" means the Executive Director of the Arkansas Public Defender Commission; and (4) "Juvenile" means any juvenile who has been committed to the custody of the Division of Youth Services pursuant to a disposition order of the juvenile division of circuit court. (b) (1) It is the intent of the General Assembly to create a Juvenile Ombudsman Division of the Arkansas Public Defender Commission to provide for independent oversight of the Division of Youth Services' facilities and programs that are unlicensed or unaccredited. (2) There shall be created within the Arkansas Public Defender Commission a juvenile ombudsman and assistant juvenile ombudsmen that shall be appointed by the executive director. (3) The minimum qualifications for an ombudsman shall be as follows: (A) A master's degree in: (i) Social work; (ii) Psychology; (iii) Law; or (iv) A related field; (B) A bachelor's degree in: (i) Social work; (ii) Psychology; or (iii) A related field; or (C) Four (4) years' direct experience in programs serving juvenile offenders and their families. (4) No waiver of the minimum qualifications in subdivision (b)(3) of this section shall be permitted. (c) The powers and duties of the ombudsman shall be as follows: (1) The ombudsman shall be given online access to all tracking systems maintained by the Division of Youth Services, including but not limited to the: (A) Incident report tracking system and the disposition of incidents reported therein; (B) Parent helpline tracking system; and (C) Juvenile tracking system; (2) The ombudsman may attend scheduled meetings or reviews of juvenile intake, program progress, or aftercare planning; (3) The ombudsman shall be given access to any meeting or document that would be accessible to the general public through the Freedom of Information Act of 1967, § 25-19-101 et seq.; (4) The ombudsman shall be given reasonable prior notice of all major activities of the Audit and Compliance Section of the Division of Youth Services and shall be permitted to accompany the monitor or monitoring team of the Division of Youth Services on any monitoring visit or audit; (5) The ombudsman shall be subject to the same compliance with all procedures, policies, and laws regarding the confidentiality of juveniles committed to the Division of Youth Services as required by Division of Youth Services employees; (6) The ombudsman may initiate and maintain contact with any juvenile during the juvenile's custodial placement or while on aftercare status; (7) The ombudsman shall be given access to the juveniles and to the juveniles' records and meetings of program progress and case planning at all the privately contracted facilities of the Division of Youth Services; (8) (A) To identify instances where necessary services are not being provided with respect to the safety, health, education, and rehabilitation of the juvenile as identified in a treatment plan. (B) When a problem is identified, the ombudsman shall notify the Director of the Division of Youth Services or his or her designee, the juvenile court having jurisdiction, the juvenile's parents or guardian, and the juvenile's attorney or attorneys of the problem; (9) To document a juvenile's questions, complaints, and concerns related to the juvenile's health, safety, education, and treatment and seek answers to those questions and address the complaints and concerns in an expedient manner; (10) To request and review, as needed, all records on the history and treatment of the juvenile while in the custody of the Division of Youth Services or in aftercare, including related agency and court records; (11) To make unannounced visits to the unlicensed or unaccredited facilities of the Division of Youth Services, whether state-run or privately operated, to assure the safety and well-being of the juveniles; (12) Upon receipt of a complaint involving alleged child maltreatment, the ombudsman shall immediately report the alleged incident to the Child Abuse Hotline, the facility director, and the Director of the Division of Youth Services or his or her designee, who shall be responsible for ensuring the juvenile's safety; (13) (A) To prepare annual reports on the overall functioning of the Division of Youth Services' ability to provide for the safety, health, education, and rehabilitation of juveniles committed to the Division of Youth Services. (B) The report shall be submitted to: (i) The Secretary of the Department of Human Services and the Director of the Division of Youth Services; (ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs; (iii) The Senate Interim Committee on Children and Youth; (iv) The judges of the juvenile divisions of circuit court; and (v) The Governor; (14) To prepare annual reports comparing the court's recommendations, the treatment plans of the Division of Youth Services, and the actual services provided; and (15) The audit and compliance process of the Division of Youth Services to verify that each juvenile has unhampered access to a grievance process that addresses the juvenile's questions, complaints, and concerns in a timely manner in accordance with policy and procedure of the Division of Youth Services or applicable statute. (d) The ombudsman shall have no authority to command or otherwise instruct any Division of Youth Services employee or contracted agent of the Division of Youth Services regarding any aspect of programming or operations, nor may the ombudsman alter or countermand any instruction to, or participation by, juveniles that is consistent with the policy and procedure of the Division of Youth Services or otherwise part of the treatment plan, program, or operations associated with the agency. Amended by Act 2019, No. 910,§ 5159, eff. 7/1/2019. Acts 1999, No. 1580, §§ 1-6; 2001, No. 1797, § 1; 2003, No. 1008, §§ 1, 2.

(a) For purposes of this section, the following definitions shall apply: (1) "Best interests of the juvenile" includes those actions and courses of action which: (A) Keep the juvenile safe from physical, mental, or sexual abuse while in state custody; (B) Are considerate of the court's recommendations and adhere to the juvenile's treatment plan; and (C) Work toward rehabilitating the juvenile; (2) "Division" means the Division of Youth Services of the Department of Human Services; (3) "Executive director" means the Executive Director of the Arkansas Public Defender Commission; and (4) "Juvenile" means any juvenile who has been committed to the custody of the Division of Youth Services pursuant to a disposition order of the juvenile division of circuit court.

(1) "Best interests of the juvenile" includes those actions and courses of action which: (A) Keep the juvenile safe from physical, mental, or sexual abuse while in state custody; (B) Are considerate of the court's recommendations and adhere to the juvenile's treatment plan; and (C) Work toward rehabilitating the juvenile;

(A) Keep the juvenile safe from physical, mental, or sexual abuse while in state custody;

(B) Are considerate of the court's recommendations and adhere to the juvenile's treatment plan; and

(C) Work toward rehabilitating the juvenile;

(2) "Division" means the Division of Youth Services of the Department of Human Services;

(3) "Executive director" means the Executive Director of the Arkansas Public Defender Commission; and

(4) "Juvenile" means any juvenile who has been committed to the custody of the Division of Youth Services pursuant to a disposition order of the juvenile division of circuit court.

(b) (1) It is the intent of the General Assembly to create a Juvenile Ombudsman Division of the Arkansas Public Defender Commission to provide for independent oversight of the Division of Youth Services' facilities and programs that are unlicensed or unaccredited. (2) There shall be created within the Arkansas Public Defender Commission a juvenile ombudsman and assistant juvenile ombudsmen that shall be appointed by the executive director. (3) The minimum qualifications for an ombudsman shall be as follows: (A) A master's degree in: (i) Social work; (ii) Psychology; (iii) Law; or (iv) A related field; (B) A bachelor's degree in: (i) Social work; (ii) Psychology; or (iii) A related field; or (C) Four (4) years' direct experience in programs serving juvenile offenders and their families. (4) No waiver of the minimum qualifications in subdivision (b)(3) of this section shall be permitted.

(1) It is the intent of the General Assembly to create a Juvenile Ombudsman Division of the Arkansas Public Defender Commission to provide for independent oversight of the Division of Youth Services' facilities and programs that are unlicensed or unaccredited.

(2) There shall be created within the Arkansas Public Defender Commission a juvenile ombudsman and assistant juvenile ombudsmen that shall be appointed by the executive director.

(3) The minimum qualifications for an ombudsman shall be as follows: (A) A master's degree in: (i) Social work; (ii) Psychology; (iii) Law; or (iv) A related field; (B) A bachelor's degree in: (i) Social work; (ii) Psychology; or (iii) A related field; or (C) Four (4) years' direct experience in programs serving juvenile offenders and their families.

(A) A master's degree in: (i) Social work; (ii) Psychology; (iii) Law; or (iv) A related field;

(i) Social work;

(ii) Psychology;

(iii) Law; or

(iv) A related field;

(B) A bachelor's degree in: (i) Social work; (ii) Psychology; or (iii) A related field; or

(i) Social work;

(ii) Psychology; or

(iii) A related field; or

(C) Four (4) years' direct experience in programs serving juvenile offenders and their families.

(4) No waiver of the minimum qualifications in subdivision (b)(3) of this section shall be permitted.

(c) The powers and duties of the ombudsman shall be as follows: (1) The ombudsman shall be given online access to all tracking systems maintained by the Division of Youth Services, including but not limited to the: (A) Incident report tracking system and the disposition of incidents reported therein; (B) Parent helpline tracking system; and (C) Juvenile tracking system; (2) The ombudsman may attend scheduled meetings or reviews of juvenile intake, program progress, or aftercare planning; (3) The ombudsman shall be given access to any meeting or document that would be accessible to the general public through the Freedom of Information Act of 1967, § 25-19-101 et seq.; (4) The ombudsman shall be given reasonable prior notice of all major activities of the Audit and Compliance Section of the Division of Youth Services and shall be permitted to accompany the monitor or monitoring team of the Division of Youth Services on any monitoring visit or audit; (5) The ombudsman shall be subject to the same compliance with all procedures, policies, and laws regarding the confidentiality of juveniles committed to the Division of Youth Services as required by Division of Youth Services employees; (6) The ombudsman may initiate and maintain contact with any juvenile during the juvenile's custodial placement or while on aftercare status; (7) The ombudsman shall be given access to the juveniles and to the juveniles' records and meetings of program progress and case planning at all the privately contracted facilities of the Division of Youth Services; (8) (A) To identify instances where necessary services are not being provided with respect to the safety, health, education, and rehabilitation of the juvenile as identified in a treatment plan. (B) When a problem is identified, the ombudsman shall notify the Director of the Division of Youth Services or his or her designee, the juvenile court having jurisdiction, the juvenile's parents or guardian, and the juvenile's attorney or attorneys of the problem; (9) To document a juvenile's questions, complaints, and concerns related to the juvenile's health, safety, education, and treatment and seek answers to those questions and address the complaints and concerns in an expedient manner; (10) To request and review, as needed, all records on the history and treatment of the juvenile while in the custody of the Division of Youth Services or in aftercare, including related agency and court records; (11) To make unannounced visits to the unlicensed or unaccredited facilities of the Division of Youth Services, whether state-run or privately operated, to assure the safety and well-being of the juveniles; (12) Upon receipt of a complaint involving alleged child maltreatment, the ombudsman shall immediately report the alleged incident to the Child Abuse Hotline, the facility director, and the Director of the Division of Youth Services or his or her designee, who shall be responsible for ensuring the juvenile's safety; (13) (A) To prepare annual reports on the overall functioning of the Division of Youth Services' ability to provide for the safety, health, education, and rehabilitation of juveniles committed to the Division of Youth Services. (B) The report shall be submitted to: (i) The Secretary of the Department of Human Services and the Director of the Division of Youth Services; (ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs; (iii) The Senate Interim Committee on Children and Youth; (iv) The judges of the juvenile divisions of circuit court; and (v) The Governor; (14) To prepare annual reports comparing the court's recommendations, the treatment plans of the Division of Youth Services, and the actual services provided; and (15) The audit and compliance process of the Division of Youth Services to verify that each juvenile has unhampered access to a grievance process that addresses the juvenile's questions, complaints, and concerns in a timely manner in accordance with policy and procedure of the Division of Youth Services or applicable statute.

(1) The ombudsman shall be given online access to all tracking systems maintained by the Division of Youth Services, including but not limited to the: (A) Incident report tracking system and the disposition of incidents reported therein; (B) Parent helpline tracking system; and (C) Juvenile tracking system;

(A) Incident report tracking system and the disposition of incidents reported therein;

(B) Parent helpline tracking system; and

(C) Juvenile tracking system;

(2) The ombudsman may attend scheduled meetings or reviews of juvenile intake, program progress, or aftercare planning;

(3) The ombudsman shall be given access to any meeting or document that would be accessible to the general public through the Freedom of Information Act of 1967, § 25-19-101 et seq.;

(4) The ombudsman shall be given reasonable prior notice of all major activities of the Audit and Compliance Section of the Division of Youth Services and shall be permitted to accompany the monitor or monitoring team of the Division of Youth Services on any monitoring visit or audit;

(5) The ombudsman shall be subject to the same compliance with all procedures, policies, and laws regarding the confidentiality of juveniles committed to the Division of Youth Services as required by Division of Youth Services employees;

(6) The ombudsman may initiate and maintain contact with any juvenile during the juvenile's custodial placement or while on aftercare status;

(7) The ombudsman shall be given access to the juveniles and to the juveniles' records and meetings of program progress and case planning at all the privately contracted facilities of the Division of Youth Services;

(8) (A) To identify instances where necessary services are not being provided with respect to the safety, health, education, and rehabilitation of the juvenile as identified in a treatment plan. (B) When a problem is identified, the ombudsman shall notify the Director of the Division of Youth Services or his or her designee, the juvenile court having jurisdiction, the juvenile's parents or guardian, and the juvenile's attorney or attorneys of the problem;

(A) To identify instances where necessary services are not being provided with respect to the safety, health, education, and rehabilitation of the juvenile as identified in a treatment plan.

(B) When a problem is identified, the ombudsman shall notify the Director of the Division of Youth Services or his or her designee, the juvenile court having jurisdiction, the juvenile's parents or guardian, and the juvenile's attorney or attorneys of the problem;

(9) To document a juvenile's questions, complaints, and concerns related to the juvenile's health, safety, education, and treatment and seek answers to those questions and address the complaints and concerns in an expedient manner;

(10) To request and review, as needed, all records on the history and treatment of the juvenile while in the custody of the Division of Youth Services or in aftercare, including related agency and court records;

(11) To make unannounced visits to the unlicensed or unaccredited facilities of the Division of Youth Services, whether state-run or privately operated, to assure the safety and well-being of the juveniles;

(12) Upon receipt of a complaint involving alleged child maltreatment, the ombudsman shall immediately report the alleged incident to the Child Abuse Hotline, the facility director, and the Director of the Division of Youth Services or his or her designee, who shall be responsible for ensuring the juvenile's safety;

(13) (A) To prepare annual reports on the overall functioning of the Division of Youth Services' ability to provide for the safety, health, education, and rehabilitation of juveniles committed to the Division of Youth Services. (B) The report shall be submitted to: (i) The Secretary of the Department of Human Services and the Director of the Division of Youth Services; (ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs; (iii) The Senate Interim Committee on Children and Youth; (iv) The judges of the juvenile divisions of circuit court; and (v) The Governor;

(A) To prepare annual reports on the overall functioning of the Division of Youth Services' ability to provide for the safety, health, education, and rehabilitation of juveniles committed to the Division of Youth Services.

(B) The report shall be submitted to: (i) The Secretary of the Department of Human Services and the Director of the Division of Youth Services; (ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs; (iii) The Senate Interim Committee on Children and Youth; (iv) The judges of the juvenile divisions of circuit court; and (v) The Governor;

(i) The Secretary of the Department of Human Services and the Director of the Division of Youth Services;

(ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs;

(iii) The Senate Interim Committee on Children and Youth;

(iv) The judges of the juvenile divisions of circuit court; and

(v) The Governor;

(14) To prepare annual reports comparing the court's recommendations, the treatment plans of the Division of Youth Services, and the actual services provided; and

(15) The audit and compliance process of the Division of Youth Services to verify that each juvenile has unhampered access to a grievance process that addresses the juvenile's questions, complaints, and concerns in a timely manner in accordance with policy and procedure of the Division of Youth Services or applicable statute.

(d) The ombudsman shall have no authority to command or otherwise instruct any Division of Youth Services employee or contracted agent of the Division of Youth Services regarding any aspect of programming or operations, nor may the ombudsman alter or countermand any instruction to, or participation by, juveniles that is consistent with the policy and procedure of the Division of Youth Services or otherwise part of the treatment plan, program, or operations associated with the agency.

Amended by Act 2019, No. 910,§ 5159, eff. 7/1/2019.

Acts 1999, No. 1580, §§ 1-6; 2001, No. 1797, § 1; 2003, No. 1008, §§ 1, 2.