Ark. Code Ann. § 12-30-307 — AR Code / Title 12 / Chapter 30 / Subchapter 3 / Section 12-30-307
Payment for food used by division
Status: in_force

(a) (1) The Division of Correction may make payment from the Division of Correction Inmate Care and Custody Fund Account to the Division of Correction Farm Fund in an amount not to exceed fifty cents (50¢) on each dollar's worth of food produced on the Division of Correction's farm for consumption in the Inmate Care and Custody Program. (2) The Division of Community Correction may make payment to the Division of Correction Farm Fund in an amount not to exceed fifty cents (50¢) on each dollar's worth of food produced on the Division of Correction's farm for consumption by inmates in the custody of the Division of Community Correction. (b) The Division of Correction and the Division of Community Correction shall keep appropriate records reflecting farm production and the value of farm-produced products utilized in the Inmate Care and Custody Program or for the care of inmates in the custody of the Division of Community Correction and shall keep records of current market values in support of any such payments. (c) In no event shall the amount received under this section, when combined with any loans forgiven under provisions of other laws, exceed the combined value of the farm-produced products utilized by the Inmate Care and Custody Program and utilized for the care of inmates held in the custody of the Division of Community Correction. Amended by Act 2021, No. 284,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 827, eff. 7/1/2019. Acts 1987, No. 953, § 25.

(a) (1) The Division of Correction may make payment from the Division of Correction Inmate Care and Custody Fund Account to the Division of Correction Farm Fund in an amount not to exceed fifty cents (50¢) on each dollar's worth of food produced on the Division of Correction's farm for consumption in the Inmate Care and Custody Program. (2) The Division of Community Correction may make payment to the Division of Correction Farm Fund in an amount not to exceed fifty cents (50¢) on each dollar's worth of food produced on the Division of Correction's farm for consumption by inmates in the custody of the Division of Community Correction.

(1) The Division of Correction may make payment from the Division of Correction Inmate Care and Custody Fund Account to the Division of Correction Farm Fund in an amount not to exceed fifty cents (50¢) on each dollar's worth of food produced on the Division of Correction's farm for consumption in the Inmate Care and Custody Program.

(2) The Division of Community Correction may make payment to the Division of Correction Farm Fund in an amount not to exceed fifty cents (50¢) on each dollar's worth of food produced on the Division of Correction's farm for consumption by inmates in the custody of the Division of Community Correction.

(b) The Division of Correction and the Division of Community Correction shall keep appropriate records reflecting farm production and the value of farm-produced products utilized in the Inmate Care and Custody Program or for the care of inmates in the custody of the Division of Community Correction and shall keep records of current market values in support of any such payments.

(c) In no event shall the amount received under this section, when combined with any loans forgiven under provisions of other laws, exceed the combined value of the farm-produced products utilized by the Inmate Care and Custody Program and utilized for the care of inmates held in the custody of the Division of Community Correction.

Amended by Act 2021, No. 284,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 827, eff. 7/1/2019.

Acts 1987, No. 953, § 25.
Ark. Code Ann. § 12-64-806 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-806
Conspiracy
Status: in_force

Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one (1) or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. Acts 1969, No. 50, § 124; A.S.A. 1947, § 11-706.

Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one (1) or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

Acts 1969, No. 50, § 124; A.S.A. 1947, § 11-706.
Ark. Code Ann. § 12-12-1805 — AR Code / Title 12 / Chapter 12 / Subchapter 18 / Section 12-12-1805
Practice and usage data preservation
Status: in_force

(a) An entity that uses an automatic license plate reader system under § 12-12-1803(b) shall: (1) Compile statistical data identified in subsection (b) of this section every six (6) months into a format sufficient to allow the general public to review the compiled data; and (2) Preserve the compiled data for eighteen (18) months. (b) The preserved data shall include: (1) The number of license plates scanned; (2) The names of the lists against which captured plate data were checked; (3) For each check of captured plate data against a list: (A) The number of confirmed matches; (B) The number of matches that upon further investigation did not correlate to an alert; and (C) The number of matches that resulted in arrest and prosecution; and (4) (A) Promulgate rules and policies concerning the manner and method of obtaining, retaining, and destroying captured plate data, including without limitation specific rules and policies concerning retention of material in excess of one hundred fifty (150) days under § 12-12-1804(b) and make those rules and policies available for public inspection. (B) Failure to comply with subdivision (b)(4)(A) of this section shall be grounds for a court of competent jurisdiction to exclude any evidence obtained under this subchapter. Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.

(a) An entity that uses an automatic license plate reader system under § 12-12-1803(b) shall: (1) Compile statistical data identified in subsection (b) of this section every six (6) months into a format sufficient to allow the general public to review the compiled data; and (2) Preserve the compiled data for eighteen (18) months.

(1) Compile statistical data identified in subsection (b) of this section every six (6) months into a format sufficient to allow the general public to review the compiled data; and

(2) Preserve the compiled data for eighteen (18) months.

(b) The preserved data shall include: (1) The number of license plates scanned; (2) The names of the lists against which captured plate data were checked; (3) For each check of captured plate data against a list: (A) The number of confirmed matches; (B) The number of matches that upon further investigation did not correlate to an alert; and (C) The number of matches that resulted in arrest and prosecution; and (4) (A) Promulgate rules and policies concerning the manner and method of obtaining, retaining, and destroying captured plate data, including without limitation specific rules and policies concerning retention of material in excess of one hundred fifty (150) days under § 12-12-1804(b) and make those rules and policies available for public inspection. (B) Failure to comply with subdivision (b)(4)(A) of this section shall be grounds for a court of competent jurisdiction to exclude any evidence obtained under this subchapter.

(1) The number of license plates scanned;

(2) The names of the lists against which captured plate data were checked;

(3) For each check of captured plate data against a list: (A) The number of confirmed matches; (B) The number of matches that upon further investigation did not correlate to an alert; and (C) The number of matches that resulted in arrest and prosecution; and

(A) The number of confirmed matches;

(B) The number of matches that upon further investigation did not correlate to an alert; and

(C) The number of matches that resulted in arrest and prosecution; and

(4) (A) Promulgate rules and policies concerning the manner and method of obtaining, retaining, and destroying captured plate data, including without limitation specific rules and policies concerning retention of material in excess of one hundred fifty (150) days under § 12-12-1804(b) and make those rules and policies available for public inspection. (B) Failure to comply with subdivision (b)(4)(A) of this section shall be grounds for a court of competent jurisdiction to exclude any evidence obtained under this subchapter.

(A) Promulgate rules and policies concerning the manner and method of obtaining, retaining, and destroying captured plate data, including without limitation specific rules and policies concerning retention of material in excess of one hundred fifty (150) days under § 12-12-1804(b) and make those rules and policies available for public inspection.

(B) Failure to comply with subdivision (b)(4)(A) of this section shall be grounds for a court of competent jurisdiction to exclude any evidence obtained under this subchapter.

Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 12-18-1004 — AR Code / Title 12 / Chapter 18 / Subchapter 10 / Section 12-18-1004
Notice when custody is invoked
Status: in_force

In any case in which custody is invoked under this subchapter, the individual taking the child into custody shall immediately notify the Department of Human Services. Amended by Act 2019, No. 531,§ 7, eff. 7/24/2019. Acts 2009, No. 749, § 1.

In any case in which custody is invoked under this subchapter, the individual taking the child into custody shall immediately notify the Department of Human Services.

Amended by Act 2019, No. 531,§ 7, eff. 7/24/2019.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-12-214 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-214
Fees from localities - Disposition
Status: in_force

(a) The Arkansas Crime Information Center is authorized to charge fees to other governmental units in order to reimburse the center for expenditures made on behalf of the other governmental units. (b) (1) (A) The fees shall be categorized as either service fees or system enhancement fees. (B) However, specified portions of a single fee may be divided between such categories. (2) (A) The service fees are to be deposited into the Crime Information System Fund in the State Treasury as a refund to expenditures. (B) (i) System enhancement fees shall be restricted in their use and dedicated solely to financing the acquisition, installation, enhancement, and maintenance of equipment required for the center's operation, including any additions, extensions, and improvements thereto. (ii) The center may pledge and use system enhancement fees for the repayment of obligations of the center to the Arkansas Development Finance Authority or other appropriate financing entity. Acts 1983, No. 214, § 3; A.S.A. 1947, § 5-1120; Acts 1999, No. 1109, § 1.

(a) The Arkansas Crime Information Center is authorized to charge fees to other governmental units in order to reimburse the center for expenditures made on behalf of the other governmental units.

(b) (1) (A) The fees shall be categorized as either service fees or system enhancement fees. (B) However, specified portions of a single fee may be divided between such categories. (2) (A) The service fees are to be deposited into the Crime Information System Fund in the State Treasury as a refund to expenditures. (B) (i) System enhancement fees shall be restricted in their use and dedicated solely to financing the acquisition, installation, enhancement, and maintenance of equipment required for the center's operation, including any additions, extensions, and improvements thereto. (ii) The center may pledge and use system enhancement fees for the repayment of obligations of the center to the Arkansas Development Finance Authority or other appropriate financing entity.

(1) (A) The fees shall be categorized as either service fees or system enhancement fees. (B) However, specified portions of a single fee may be divided between such categories.

(A) The fees shall be categorized as either service fees or system enhancement fees.

(B) However, specified portions of a single fee may be divided between such categories.

(2) (A) The service fees are to be deposited into the Crime Information System Fund in the State Treasury as a refund to expenditures. (B) (i) System enhancement fees shall be restricted in their use and dedicated solely to financing the acquisition, installation, enhancement, and maintenance of equipment required for the center's operation, including any additions, extensions, and improvements thereto. (ii) The center may pledge and use system enhancement fees for the repayment of obligations of the center to the Arkansas Development Finance Authority or other appropriate financing entity.

(A) The service fees are to be deposited into the Crime Information System Fund in the State Treasury as a refund to expenditures.

(B) (i) System enhancement fees shall be restricted in their use and dedicated solely to financing the acquisition, installation, enhancement, and maintenance of equipment required for the center's operation, including any additions, extensions, and improvements thereto. (ii) The center may pledge and use system enhancement fees for the repayment of obligations of the center to the Arkansas Development Finance Authority or other appropriate financing entity.

(i) System enhancement fees shall be restricted in their use and dedicated solely to financing the acquisition, installation, enhancement, and maintenance of equipment required for the center's operation, including any additions, extensions, and improvements thereto.

(ii) The center may pledge and use system enhancement fees for the repayment of obligations of the center to the Arkansas Development Finance Authority or other appropriate financing entity.

Acts 1983, No. 214, § 3; A.S.A. 1947, § 5-1120; Acts 1999, No. 1109, § 1.
Ark. Code Ann. § 12-63-404 — AR Code / Title 12 / Chapter 63 / Subchapter 4 / Section 12-63-404
Military-type canteens and exchanges - Establishment and operations
Status: in_force

(a) The Adjutant General, as custodian of military properties and military reservations, may institute and operate military-type canteens and exchanges similar to those operated by armed forces of the United States on any military reservation, and he or she may designate suitable buildings and lands located on a military reservation for the operation of military-type canteens and exchanges. (b) (1) Except as otherwise provided in subdivision (b)(2) of this section, a military-type canteen and exchange established or operated under this section is subject to similar procedures, policies, limitations, and restrictions governing the canteens and exchanges of the Army and Air Force Exchange Service, as the Adjutant General may deem advisable, necessary, or expedient. (2) (A) Military-type canteens and exchanges established or operated under this section shall not sell, trade, exchange, market, or vend automobiles, household appliances, furniture, building products, motorcycles, or bicycles. (B) Military-type canteens and exchanges may contract with one (1) or more automobile rental agencies to provide leased or rented vehicles for use by uniformed service members, trainees, and other temporary residents of military reservations. Amended by Act 2023, No. 454,§ 1, eff. 8/1/2023. Acts 1977, No. 489, § 1; 1983, No. 137, § 1; A.S.A. 1947, § 11-1805; Acts 1997, No. 1201, § 7.

(a) The Adjutant General, as custodian of military properties and military reservations, may institute and operate military-type canteens and exchanges similar to those operated by armed forces of the United States on any military reservation, and he or she may designate suitable buildings and lands located on a military reservation for the operation of military-type canteens and exchanges.

(b) (1) Except as otherwise provided in subdivision (b)(2) of this section, a military-type canteen and exchange established or operated under this section is subject to similar procedures, policies, limitations, and restrictions governing the canteens and exchanges of the Army and Air Force Exchange Service, as the Adjutant General may deem advisable, necessary, or expedient. (2) (A) Military-type canteens and exchanges established or operated under this section shall not sell, trade, exchange, market, or vend automobiles, household appliances, furniture, building products, motorcycles, or bicycles. (B) Military-type canteens and exchanges may contract with one (1) or more automobile rental agencies to provide leased or rented vehicles for use by uniformed service members, trainees, and other temporary residents of military reservations.

(1) Except as otherwise provided in subdivision (b)(2) of this section, a military-type canteen and exchange established or operated under this section is subject to similar procedures, policies, limitations, and restrictions governing the canteens and exchanges of the Army and Air Force Exchange Service, as the Adjutant General may deem advisable, necessary, or expedient.

(2) (A) Military-type canteens and exchanges established or operated under this section shall not sell, trade, exchange, market, or vend automobiles, household appliances, furniture, building products, motorcycles, or bicycles. (B) Military-type canteens and exchanges may contract with one (1) or more automobile rental agencies to provide leased or rented vehicles for use by uniformed service members, trainees, and other temporary residents of military reservations.

(A) Military-type canteens and exchanges established or operated under this section shall not sell, trade, exchange, market, or vend automobiles, household appliances, furniture, building products, motorcycles, or bicycles.

(B) Military-type canteens and exchanges may contract with one (1) or more automobile rental agencies to provide leased or rented vehicles for use by uniformed service members, trainees, and other temporary residents of military reservations.

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

Acts 1977, No. 489, § 1; 1983, No. 137, § 1; A.S.A. 1947, § 11-1805; Acts 1997, No. 1201, § 7.
Ark. Code Ann. § 12-64-103 — AR Code / Title 12 / Chapter 64 / Subchapter 1 / Section 12-64-103
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1003,§ 5, eff. 7/22/2015. Acts 1969, No. 50, § 163; A.S.A. 1947, § 11-674.

Repealed by Act 2015, No. 1003,§ 5, eff. 7/22/2015.

Acts 1969, No. 50, § 163; A.S.A. 1947, § 11-674.
Ark. Code Ann. § 12-87-108 — AR Code / Title 12 / Chapter 87 / Section 12-87-108
Provision of volunteer health or veterinary services - Administrative sanctions
Status: in_force

(a) Subject to subsections (b) and (c), a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of this state. (b) Except as otherwise provided in subsection (c), this chapter does not authorize a volunteer health practitioner to provide services that are outside the practitioner's scope of practice, even if a similarly licensed practitioner in this state would be permitted to provide the services. (c) The Arkansas Department of Emergency Management may modify or restrict the health or veterinary services that volunteer health practitioners may provide pursuant to this chapter. An order under this subsection may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) A host entity may restrict the health or veterinary services that a volunteer health practitioner may provide pursuant to this chapter. (e) A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification, or restriction under this section or that a similarly licensed practitioner in this state would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction or that a similarly licensed practitioner in this state would not be permitted to provide a service if: (1) the practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service; or (2) from all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service. (f) In addition to the authority granted by law of this state other than this chapter to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state: (1) may impose administrative sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency; (2) may impose administrative sanctions upon a practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and (3) shall report any administrative sanctions imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed. (g) In determining whether to impose administrative sanctions under subsection (f), a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioner's scope of practice, education, training, experience, and specialized skill. Acts 2009, No. 432, § 1.

(a) Subject to subsections (b) and (c), a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of this state.

(b) Except as otherwise provided in subsection (c), this chapter does not authorize a volunteer health practitioner to provide services that are outside the practitioner's scope of practice, even if a similarly licensed practitioner in this state would be permitted to provide the services.

(c) The Arkansas Department of Emergency Management may modify or restrict the health or veterinary services that volunteer health practitioners may provide pursuant to this chapter. An order under this subsection may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) A host entity may restrict the health or veterinary services that a volunteer health practitioner may provide pursuant to this chapter.

(e) A volunteer health practitioner does not engage in unauthorized practice unless the practitioner has reason to know of any limitation, modification, or restriction under this section or that a similarly licensed practitioner in this state would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification, or restriction or that a similarly licensed practitioner in this state would not be permitted to provide a service if: (1) the practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service; or (2) from all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service.

(1) the practitioner knows the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service; or

(2) from all the facts and circumstances known to the practitioner at the relevant time, a reasonable person would conclude that the limitation, modification, or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service.

(f) In addition to the authority granted by law of this state other than this chapter to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state: (1) may impose administrative sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency; (2) may impose administrative sanctions upon a practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and (3) shall report any administrative sanctions imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.

(1) may impose administrative sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency;

(2) may impose administrative sanctions upon a practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and

(3) shall report any administrative sanctions imposed upon a practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.

(g) In determining whether to impose administrative sanctions under subsection (f), a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the practitioner's scope of practice, education, training, experience, and specialized skill.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-18-205 — AR Code / Title 12 / Chapter 18 / Subchapter 2 / Section 12-18-205
Unlawful disclosure of data or information under this chapter
Status: in_force

(a) A person commits the offense of unlawful disclosure of data or information under this chapter if the person knowingly discloses data or information to a person to whom disclosure is not permitted by this chapter. (b) Unlawful disclosure of data or information under this chapter is an unclassified misdemeanor and subject to a fine of up to five thousand dollars ($5,000) or imprisonment of up to one (1) year, or both. Amended by Act 2023, No. 727,§ 5, eff. 8/1/2023. Acts 2009, No. 749, § 1.

(a) A person commits the offense of unlawful disclosure of data or information under this chapter if the person knowingly discloses data or information to a person to whom disclosure is not permitted by this chapter.

(b) Unlawful disclosure of data or information under this chapter is an unclassified misdemeanor and subject to a fine of up to five thousand dollars ($5,000) or imprisonment of up to one (1) year, or both.

Amended by Act 2023, No. 727,§ 5, eff. 8/1/2023.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-9-305 — AR Code / Title 12 / Chapter 9 / Subchapter 3 / Section 12-9-305
Failure to meet standards - Actions by private citizens
Status: in_force

(a) An auxiliary law enforcement officer who does not meet the standards and qualifications set forth in this subchapter or any made by the Arkansas Commission on Law Enforcement Standards and Training shall not take any official action as a law enforcement officer and any action taken shall be held as invalid. (b) (1) Nothing in this subchapter or any requirement made by the commission shall prevent any action by a private citizen that is now authorized by law. (2) No provision of this subchapter shall affect the deputizing of a private citizen by a law enforcement officer in a time of a disaster or emergency. Acts 1983, No. 757, § 3; A.S.A. 1947, § 42-1403.

(a) An auxiliary law enforcement officer who does not meet the standards and qualifications set forth in this subchapter or any made by the Arkansas Commission on Law Enforcement Standards and Training shall not take any official action as a law enforcement officer and any action taken shall be held as invalid.

(b) (1) Nothing in this subchapter or any requirement made by the commission shall prevent any action by a private citizen that is now authorized by law. (2) No provision of this subchapter shall affect the deputizing of a private citizen by a law enforcement officer in a time of a disaster or emergency.

(1) Nothing in this subchapter or any requirement made by the commission shall prevent any action by a private citizen that is now authorized by law.

(2) No provision of this subchapter shall affect the deputizing of a private citizen by a law enforcement officer in a time of a disaster or emergency.

Acts 1983, No. 757, § 3; A.S.A. 1947, § 42-1403.
Ark. Code Ann. § 12-30-204 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-204
Purchase of goods by state and local agencies
Status: in_force

(a) (1) All offices, departments, divisions, institutions, and agencies of this state which are supported in whole or in part by this state, and all political subdivisions of this state, may purchase, at the discretion of the office, department, division, institution, or agency, from the Board of Corrections any products required by the offices, departments, divisions, institutions, agencies, or political subdivisions of this state produced or manufactured by the Division of Correction utilizing prison labor as provided for by this subchapter. (2) (A) (i) The Revenue Division may request that the board propose the purchase of license plates which are necessary as evidence of registration of motor vehicles and trailers to be issued by the Revenue Division's revenue offices. (ii) The license plates would be produced or manufactured by the Division of Correction utilizing prison labor. (B) The provisions of this subdivision (a)(2) shall be applicable beginning with the contracts for purchase or any purchases of license plates which are required after the expiration of any contracts for the purchase or manufacture of license plates that are in effect. (b) Such offices, departments, divisions, institutions, and agencies shall not be required to submit an invitation for bid to the board for all products known to be produced or manufactured by the Division of Correction utilizing prison labor as provided for by this subchapter. (c) (1) The Division of Correction may enter into an agreement with the Old State House Commission to utilize inmate labor in the production or manufacture of items for resale by the Old State House Museum. (2) Except as provided in subdivision (c)(3) of this section, the proceeds from the sales of the items produced or manufactured under subdivision (c)(1) of this section shall be used by the Old State House Museum to: (A) Develop exhibits and programs about the history of the Division of Correction; or (B) Maintain the Old State House Museum's collection of the Division of Correction artifacts. (3) The Division of Correction and the commission may by rule modify the use of the proceeds from the sale of items produced or manufactured under subdivision (c)(1) of this section. (d) All purchases made pursuant to this section shall be made through the Division of Correction's purchasing division, upon requisition by the proper authority of the office, department, division, institution, agency, or political subdivision of this state requiring the articles or products. Amended by Act 2019, No. 910,§ 818, eff. 7/1/2019. Acts 1967, No. 473, §§ 4, 5; 1985, No. 825, § 1; A.S.A. 1947, §§ 46-237, 46-238; Acts 1995, No. 944, § 1; 1997, No. 1284, § 1; 2009, No. 307, § 1.

(a) (1) All offices, departments, divisions, institutions, and agencies of this state which are supported in whole or in part by this state, and all political subdivisions of this state, may purchase, at the discretion of the office, department, division, institution, or agency, from the Board of Corrections any products required by the offices, departments, divisions, institutions, agencies, or political subdivisions of this state produced or manufactured by the Division of Correction utilizing prison labor as provided for by this subchapter. (2) (A) (i) The Revenue Division may request that the board propose the purchase of license plates which are necessary as evidence of registration of motor vehicles and trailers to be issued by the Revenue Division's revenue offices. (ii) The license plates would be produced or manufactured by the Division of Correction utilizing prison labor. (B) The provisions of this subdivision (a)(2) shall be applicable beginning with the contracts for purchase or any purchases of license plates which are required after the expiration of any contracts for the purchase or manufacture of license plates that are in effect.

(1) All offices, departments, divisions, institutions, and agencies of this state which are supported in whole or in part by this state, and all political subdivisions of this state, may purchase, at the discretion of the office, department, division, institution, or agency, from the Board of Corrections any products required by the offices, departments, divisions, institutions, agencies, or political subdivisions of this state produced or manufactured by the Division of Correction utilizing prison labor as provided for by this subchapter.

(2) (A) (i) The Revenue Division may request that the board propose the purchase of license plates which are necessary as evidence of registration of motor vehicles and trailers to be issued by the Revenue Division's revenue offices. (ii) The license plates would be produced or manufactured by the Division of Correction utilizing prison labor. (B) The provisions of this subdivision (a)(2) shall be applicable beginning with the contracts for purchase or any purchases of license plates which are required after the expiration of any contracts for the purchase or manufacture of license plates that are in effect.

(A) (i) The Revenue Division may request that the board propose the purchase of license plates which are necessary as evidence of registration of motor vehicles and trailers to be issued by the Revenue Division's revenue offices. (ii) The license plates would be produced or manufactured by the Division of Correction utilizing prison labor.

(i) The Revenue Division may request that the board propose the purchase of license plates which are necessary as evidence of registration of motor vehicles and trailers to be issued by the Revenue Division's revenue offices.

(ii) The license plates would be produced or manufactured by the Division of Correction utilizing prison labor.

(B) The provisions of this subdivision (a)(2) shall be applicable beginning with the contracts for purchase or any purchases of license plates which are required after the expiration of any contracts for the purchase or manufacture of license plates that are in effect.

(b) Such offices, departments, divisions, institutions, and agencies shall not be required to submit an invitation for bid to the board for all products known to be produced or manufactured by the Division of Correction utilizing prison labor as provided for by this subchapter.

(c) (1) The Division of Correction may enter into an agreement with the Old State House Commission to utilize inmate labor in the production or manufacture of items for resale by the Old State House Museum. (2) Except as provided in subdivision (c)(3) of this section, the proceeds from the sales of the items produced or manufactured under subdivision (c)(1) of this section shall be used by the Old State House Museum to: (A) Develop exhibits and programs about the history of the Division of Correction; or (B) Maintain the Old State House Museum's collection of the Division of Correction artifacts. (3) The Division of Correction and the commission may by rule modify the use of the proceeds from the sale of items produced or manufactured under subdivision (c)(1) of this section.

(1) The Division of Correction may enter into an agreement with the Old State House Commission to utilize inmate labor in the production or manufacture of items for resale by the Old State House Museum.

(2) Except as provided in subdivision (c)(3) of this section, the proceeds from the sales of the items produced or manufactured under subdivision (c)(1) of this section shall be used by the Old State House Museum to: (A) Develop exhibits and programs about the history of the Division of Correction; or (B) Maintain the Old State House Museum's collection of the Division of Correction artifacts.

(A) Develop exhibits and programs about the history of the Division of Correction; or

(B) Maintain the Old State House Museum's collection of the Division of Correction artifacts.

(3) The Division of Correction and the commission may by rule modify the use of the proceeds from the sale of items produced or manufactured under subdivision (c)(1) of this section.

(d) All purchases made pursuant to this section shall be made through the Division of Correction's purchasing division, upon requisition by the proper authority of the office, department, division, institution, agency, or political subdivision of this state requiring the articles or products.

Amended by Act 2019, No. 910,§ 818, eff. 7/1/2019.

Acts 1967, No. 473, §§ 4, 5; 1985, No. 825, § 1; A.S.A. 1947, §§ 46-237, 46-238; Acts 1995, No. 944, § 1; 1997, No. 1284, § 1; 2009, No. 307, § 1.
Ark. Code Ann. § 12-29-111 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-111
Transport of inmate required for legal proceeding
Status: in_force

(a) If an inmate in the care and custody of the Division of Correction or the Division of Community Correction is required to be present during a criminal proceeding or a civil proceeding that arises from a criminal charge or conviction of any court in this state, the county sheriff of the county in which the criminal proceeding or civil proceeding takes place shall take custody of the inmate at the institution where the inmate is confined, transport the inmate to the appropriate county, and make him or her available to the court. (b) At the conclusion of the criminal proceeding or civil proceeding, the county sheriff shall transport the inmate back to the unit of the Division of Correction or Division of Community Correction from which the inmate was received and shall return custody of the inmate to the Division of Correction or Division of Community Correction officials. (c) (1) The county sheriff's office is responsible for the custody, sustenance, and safety of the inmate from the time the inmate is placed into its custody until the time custody of the inmate is returned to the Division of Correction or the Division of Community Correction. (2) The county in which the legal proceeding is held is responsible for all expenses relating to the transportation and care of the inmate. (d) While transporting an inmate under this section, a county sheriff has the full authority of his or her office in any county of this state in matters relating to the transportation. (e) This section does not apply to the transportation and care costs for court appearances arising from charges brought by the Division of Correction against the inmate for offenses committed while the inmate is under the custody and care of the Division of Correction. (f) (1) When an inmate in the care and custody of the Division of Correction or the Division of Community Correction is required to be present for appearances in a civil proceeding that does not arise from a criminal charge or conviction, the court requiring the inmate's presence may assess costs against one (1) or more of the parties to the proceeding to be paid to the Division of Correction or the Division of Community Correction to compensate the actual cost of transporting the inmate and to compensate other costs assessed by the court. (2) Costs under this subsection shall not be assessed against the Department of Human Services if the Department of Human Services is a party to the proceeding. Amended by Act 2019, No. 910,§ 789, eff. 7/1/2019. Amended by Act 2013, No. 287,§ 1, eff. 8/16/2013. Acts 1975, No. 737, § 1; A.S.A. 1947, § 46-181; Acts 2009, No. 364, § 1.

(a) If an inmate in the care and custody of the Division of Correction or the Division of Community Correction is required to be present during a criminal proceeding or a civil proceeding that arises from a criminal charge or conviction of any court in this state, the county sheriff of the county in which the criminal proceeding or civil proceeding takes place shall take custody of the inmate at the institution where the inmate is confined, transport the inmate to the appropriate county, and make him or her available to the court.

(b) At the conclusion of the criminal proceeding or civil proceeding, the county sheriff shall transport the inmate back to the unit of the Division of Correction or Division of Community Correction from which the inmate was received and shall return custody of the inmate to the Division of Correction or Division of Community Correction officials.

(c) (1) The county sheriff's office is responsible for the custody, sustenance, and safety of the inmate from the time the inmate is placed into its custody until the time custody of the inmate is returned to the Division of Correction or the Division of Community Correction. (2) The county in which the legal proceeding is held is responsible for all expenses relating to the transportation and care of the inmate.

(1) The county sheriff's office is responsible for the custody, sustenance, and safety of the inmate from the time the inmate is placed into its custody until the time custody of the inmate is returned to the Division of Correction or the Division of Community Correction.

(2) The county in which the legal proceeding is held is responsible for all expenses relating to the transportation and care of the inmate.

(d) While transporting an inmate under this section, a county sheriff has the full authority of his or her office in any county of this state in matters relating to the transportation.

(e) This section does not apply to the transportation and care costs for court appearances arising from charges brought by the Division of Correction against the inmate for offenses committed while the inmate is under the custody and care of the Division of Correction.

(f) (1) When an inmate in the care and custody of the Division of Correction or the Division of Community Correction is required to be present for appearances in a civil proceeding that does not arise from a criminal charge or conviction, the court requiring the inmate's presence may assess costs against one (1) or more of the parties to the proceeding to be paid to the Division of Correction or the Division of Community Correction to compensate the actual cost of transporting the inmate and to compensate other costs assessed by the court. (2) Costs under this subsection shall not be assessed against the Department of Human Services if the Department of Human Services is a party to the proceeding.

(1) When an inmate in the care and custody of the Division of Correction or the Division of Community Correction is required to be present for appearances in a civil proceeding that does not arise from a criminal charge or conviction, the court requiring the inmate's presence may assess costs against one (1) or more of the parties to the proceeding to be paid to the Division of Correction or the Division of Community Correction to compensate the actual cost of transporting the inmate and to compensate other costs assessed by the court.

(2) Costs under this subsection shall not be assessed against the Department of Human Services if the Department of Human Services is a party to the proceeding.

Amended by Act 2019, No. 910,§ 789, eff. 7/1/2019.

Amended by Act 2013, No. 287,§ 1, eff. 8/16/2013.

Acts 1975, No. 737, § 1; A.S.A. 1947, § 46-181; Acts 2009, No. 364, § 1.
Ark. Code Ann. § 12-61-106 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-106
Adjutant General - Powers and duties
Status: in_force

(a) In addition to being a state staff officer, the Adjutant General shall be the Chief-of-Staff to the Commander-in-Chief and the Secretary of the Department of the Military. (b) He or she shall perform the duties prescribed for him or her in this code and in the rules issued thereunder and in the statutes of the United States. (c) He or she shall direct and supervise the functions and duties of the chief-of-staff departments. (d) He or she shall hold office as provided in the National Defense Act, as amended. (e) He or she shall superintend the preparation of all returns and reports required by the United States from the state. (f) He or she shall have the custody of all military records, correspondence, and other military documents. (g) He or she shall be the medium of military correspondence with the Governor and perform all other duties pertaining to his or her office prescribed by law. (h) He or she shall keep a register of all the officers of the military forces of the state. (i) He or she shall keep in his or her office all records and papers required to be kept and filed therein. He or she shall make such reports to the Governor, at such times as the Governor may require, of all the transactions of his or her department, setting forth the number, strength, and condition of the active militia and such other matters as he or she may deem important, including a detailed statement of all the expenditures for military purposes during that fiscal year. (j) He or she shall, at the expense of the state, when necessary, cause the military law, instruction pamphlets, orders, and the general regulations of the state and the United States to be printed, indexed, and distributed as deemed necessary. (k) He or she shall cause to be prepared and issued all necessary blank books, blank forms, and notices required to carry into full effect the provisions of this code. All such books and blanks shall be and remain the property of the state. (l) He or she shall procure and keep in his or her office a seal for the authentication of all certificates and other instruments emanating from his or her office, the device upon which such seal shall consist of a star with five (5) points with the words, "Office of the Adjutant General, State of Arkansas," around the margin and shall deliver the seal to his or her successor. He or she shall attest all commissions issued to military officers. (m) He or she shall keep a just and true account of all state expenses necessarily incurred, including pay of officers and enlisted personnel, allowances to officers and organizations, and any other moneys required to be disbursed by him or her and through his or her office, including subsistence of the militia, transportation of the militia and of all military property of the state; and such expenses shall be audited and paid in the same manner as other military accounts are audited and paid. (n) The Adjutant General may, at his or her discretion, inspect all units of the militia. (o) For the purpose of effectively carrying out the terms of this code, the Adjutant General shall have the power to prescribe such rules as he or she may from time to time deem necessary. Amended by Act 2019, No. 315,§ 921, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 920, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5530, eff. 7/1/2019. Acts 1969, No. 50, §§ 6, 204; A.S.A. 1947, §§ 11-110, 11-1106.

(a) In addition to being a state staff officer, the Adjutant General shall be the Chief-of-Staff to the Commander-in-Chief and the Secretary of the Department of the Military.

(b) He or she shall perform the duties prescribed for him or her in this code and in the rules issued thereunder and in the statutes of the United States.

(c) He or she shall direct and supervise the functions and duties of the chief-of-staff departments.

(d) He or she shall hold office as provided in the National Defense Act, as amended.

(e) He or she shall superintend the preparation of all returns and reports required by the United States from the state.

(f) He or she shall have the custody of all military records, correspondence, and other military documents.

(g) He or she shall be the medium of military correspondence with the Governor and perform all other duties pertaining to his or her office prescribed by law.

(h) He or she shall keep a register of all the officers of the military forces of the state.

(i) He or she shall keep in his or her office all records and papers required to be kept and filed therein. He or she shall make such reports to the Governor, at such times as the Governor may require, of all the transactions of his or her department, setting forth the number, strength, and condition of the active militia and such other matters as he or she may deem important, including a detailed statement of all the expenditures for military purposes during that fiscal year.

(j) He or she shall, at the expense of the state, when necessary, cause the military law, instruction pamphlets, orders, and the general regulations of the state and the United States to be printed, indexed, and distributed as deemed necessary.

(k) He or she shall cause to be prepared and issued all necessary blank books, blank forms, and notices required to carry into full effect the provisions of this code. All such books and blanks shall be and remain the property of the state.

(l) He or she shall procure and keep in his or her office a seal for the authentication of all certificates and other instruments emanating from his or her office, the device upon which such seal shall consist of a star with five (5) points with the words, "Office of the Adjutant General, State of Arkansas," around the margin and shall deliver the seal to his or her successor. He or she shall attest all commissions issued to military officers.

(m) He or she shall keep a just and true account of all state expenses necessarily incurred, including pay of officers and enlisted personnel, allowances to officers and organizations, and any other moneys required to be disbursed by him or her and through his or her office, including subsistence of the militia, transportation of the militia and of all military property of the state; and such expenses shall be audited and paid in the same manner as other military accounts are audited and paid.

(n) The Adjutant General may, at his or her discretion, inspect all units of the militia.

(o) For the purpose of effectively carrying out the terms of this code, the Adjutant General shall have the power to prescribe such rules as he or she may from time to time deem necessary.

Amended by Act 2019, No. 315,§ 921, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 920, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5530, eff. 7/1/2019.

Acts 1969, No. 50, §§ 6, 204; A.S.A. 1947, §§ 11-110, 11-1106.
Ark. Code Ann. § 12-64-109 — AR Code / Title 12 / Chapter 64 / Subchapter 1 / Section 12-64-109
Complaint against superior officer
Status: in_force

Any member of the organized militia who believes himself or herself wronged by his or her commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the Governor or Adjutant General. Acts 1969, No. 50, § 166; A.S.A. 1947, § 11-677.

Any member of the organized militia who believes himself or herself wronged by his or her commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the Governor or Adjutant General.

Acts 1969, No. 50, § 166; A.S.A. 1947, § 11-677.
Ark. Code Ann. § 12-87-110 — AR Code / Title 12 / Chapter 87 / Section 12-87-110
Regulatory authority
Status: in_force

The Arkansas Department of Emergency Management may promulgate rules to implement this chapter. In doing so, the Arkansas Department of Emergency Management shall consult with and consider the recommendations of the entity established to coordinate the implementation of the Emergency Management Assistance Compact, and the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq. and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of this chapter and make the emergency response systems in the various states reasonably compatible. Acts 2009, No. 432, § 1.

The Arkansas Department of Emergency Management may promulgate rules to implement this chapter. In doing so, the Arkansas Department of Emergency Management shall consult with and consider the recommendations of the entity established to coordinate the implementation of the Emergency Management Assistance Compact, and the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq. and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of this chapter and make the emergency response systems in the various states reasonably compatible.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-18-303 — AR Code / Title 12 / Chapter 18 / Subchapter 3 / Section 12-18-303
Minimum requirements for a report to be accepted
Status: in_force

(a) Except as otherwise provided in this section, the Child Abuse Hotline shall accept a report if: (1) The report is of: (A) An allegation of child maltreatment or suspected child maltreatment, that if found to be true, would constitute child maltreatment as defined under this chapter; (B) The death of a child who died suddenly and unexpectedly; or (C) The death of a child reported by a coroner or county sheriff under § 20-15-502 ; (2) Sufficient identifying information is provided to identify and locate the child or the child's family; and (3) The child or the child's family is present in Arkansas or the incident occurred in Arkansas. (b) (1) If the alleged offender resides in another state and the incident occurred in another state or country, the Child Abuse Hotline shall document receipt of the report, transfer the report to the Child Abuse Hotline of the state or country where the alleged offender resides or the incident occurred, and, if child protection is an issue, forward the report to the Department of Human Services or the equivalent governmental agency of the state or country where the alleged offender resides. (2) Any record of receipt of a report under subdivision (b)(1) of this section may be used only within the Department of Human Services for purposes of administration of the program and shall not be disclosed except to: (A) The prosecuting attorney; or (B) A law enforcement agency. (3) Data identifying a reporter under subdivision (b)(1) of this section shall be maintained under § 12-18-502 . (c) If the incident occurred in Arkansas and the victim, offender, or victim's parents no longer reside in Arkansas, the Child Abuse Hotline shall accept the report and the Arkansas investigating agency shall contact the other state and request assistance in completing the investigation, including an interview with the out-of-state subject of the report. (d) (1) If the Child Abuse Hotline receives a report and the alleged offender is a resident of the State of Arkansas and the report of child maltreatment or suspected child maltreatment in the state or country in which the act occurred would also be child maltreatment in Arkansas at the time the incident occurred, the Child Abuse Hotline shall refer the report to the appropriate investigating agency within the state so that the Arkansas investigative agency can investigate alone or in concert with the investigative agency of any other state or country that may be involved. (2) The Arkansas investigating agency shall make an investigative determination and shall provide notice to the alleged offender that, if the allegation is determined to be true, the offender's name will be placed in the Child Maltreatment Central Registry. (3) The other state may also conduct an investigation in this state that results in the offender's being named in a true report in that state and placed in the Child Maltreatment Central Registry of that state. (e) (1) (A) (i) A report of child maltreatment that does not meet the requirements of subsection (a) of this section shall not be accepted by the Child Abuse Hotline. (ii) The Child Abuse Hotline shall document a report of an allegation of abuse, sexual abuse, or sexual exploitation of an alleged victim who is eighteen (18) years of age or older and refer the report to local law enforcement for criminal investigation if the alleged victim is: (a) Enrolled in high school; or (b) In the extended foster care program under § 9-28-114 . (B) The Child Abuse Hotline may accept a report of child maltreatment that does not meet the requirements of subsection (a) of this section if sufficient information is provided to accept the report under §§ 12-18-304 - 12-18-310 . (C) The Child Abuse Hotline shall not accept an anonymous report. (2) (A) The Department of Human Services and the Division of Arkansas State Police shall establish procedures for the Child Abuse Hotline. (B) The procedures established by the Department of Human Services and the Division of Arkansas State Police shall include without limitation the: (i) Creation of a secondary review of an accepted report of child maltreatment by the investigating agency assigned under § 12-18-601 to ensure that the report of child maltreatment meets the requirements of this section; and (ii) Ability of the Child Abuse Hotline and the investigating agency to contact the Department of Human Services to obtain or determine information relevant to whether a report of child maltreatment should be accepted. (3) A report of child maltreatment that does not meet the requirements of subsection (a) of this section shall be considered screened-out for the purposes of releasing information under § 12-18-910 . Amended by Act 2023, No. 727,§ 7, eff. 8/1/2023. Amended by Act 2019, No. 802,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 250,§ 11, eff. 8/1/2017. Amended by Act 2015, No. 1211,§ 2, eff. 7/22/2015. Acts 2009, No. 749, § 1; 2011, No. 1143, § 6.

(a) Except as otherwise provided in this section, the Child Abuse Hotline shall accept a report if: (1) The report is of: (A) An allegation of child maltreatment or suspected child maltreatment, that if found to be true, would constitute child maltreatment as defined under this chapter; (B) The death of a child who died suddenly and unexpectedly; or (C) The death of a child reported by a coroner or county sheriff under § 20-15-502 ; (2) Sufficient identifying information is provided to identify and locate the child or the child's family; and (3) The child or the child's family is present in Arkansas or the incident occurred in Arkansas.

(1) The report is of: (A) An allegation of child maltreatment or suspected child maltreatment, that if found to be true, would constitute child maltreatment as defined under this chapter; (B) The death of a child who died suddenly and unexpectedly; or (C) The death of a child reported by a coroner or county sheriff under § 20-15-502 ;

(A) An allegation of child maltreatment or suspected child maltreatment, that if found to be true, would constitute child maltreatment as defined under this chapter;

(B) The death of a child who died suddenly and unexpectedly; or

(C) The death of a child reported by a coroner or county sheriff under § 20-15-502 ;

(2) Sufficient identifying information is provided to identify and locate the child or the child's family; and

(3) The child or the child's family is present in Arkansas or the incident occurred in Arkansas.

(b) (1) If the alleged offender resides in another state and the incident occurred in another state or country, the Child Abuse Hotline shall document receipt of the report, transfer the report to the Child Abuse Hotline of the state or country where the alleged offender resides or the incident occurred, and, if child protection is an issue, forward the report to the Department of Human Services or the equivalent governmental agency of the state or country where the alleged offender resides. (2) Any record of receipt of a report under subdivision (b)(1) of this section may be used only within the Department of Human Services for purposes of administration of the program and shall not be disclosed except to: (A) The prosecuting attorney; or (B) A law enforcement agency. (3) Data identifying a reporter under subdivision (b)(1) of this section shall be maintained under § 12-18-502 .

(1) If the alleged offender resides in another state and the incident occurred in another state or country, the Child Abuse Hotline shall document receipt of the report, transfer the report to the Child Abuse Hotline of the state or country where the alleged offender resides or the incident occurred, and, if child protection is an issue, forward the report to the Department of Human Services or the equivalent governmental agency of the state or country where the alleged offender resides.

(2) Any record of receipt of a report under subdivision (b)(1) of this section may be used only within the Department of Human Services for purposes of administration of the program and shall not be disclosed except to: (A) The prosecuting attorney; or (B) A law enforcement agency.

(A) The prosecuting attorney; or

(B) A law enforcement agency.

(3) Data identifying a reporter under subdivision (b)(1) of this section shall be maintained under § 12-18-502 .

(c) If the incident occurred in Arkansas and the victim, offender, or victim's parents no longer reside in Arkansas, the Child Abuse Hotline shall accept the report and the Arkansas investigating agency shall contact the other state and request assistance in completing the investigation, including an interview with the out-of-state subject of the report.

(d) (1) If the Child Abuse Hotline receives a report and the alleged offender is a resident of the State of Arkansas and the report of child maltreatment or suspected child maltreatment in the state or country in which the act occurred would also be child maltreatment in Arkansas at the time the incident occurred, the Child Abuse Hotline shall refer the report to the appropriate investigating agency within the state so that the Arkansas investigative agency can investigate alone or in concert with the investigative agency of any other state or country that may be involved. (2) The Arkansas investigating agency shall make an investigative determination and shall provide notice to the alleged offender that, if the allegation is determined to be true, the offender's name will be placed in the Child Maltreatment Central Registry. (3) The other state may also conduct an investigation in this state that results in the offender's being named in a true report in that state and placed in the Child Maltreatment Central Registry of that state.

(1) If the Child Abuse Hotline receives a report and the alleged offender is a resident of the State of Arkansas and the report of child maltreatment or suspected child maltreatment in the state or country in which the act occurred would also be child maltreatment in Arkansas at the time the incident occurred, the Child Abuse Hotline shall refer the report to the appropriate investigating agency within the state so that the Arkansas investigative agency can investigate alone or in concert with the investigative agency of any other state or country that may be involved.

(2) The Arkansas investigating agency shall make an investigative determination and shall provide notice to the alleged offender that, if the allegation is determined to be true, the offender's name will be placed in the Child Maltreatment Central Registry.

(3) The other state may also conduct an investigation in this state that results in the offender's being named in a true report in that state and placed in the Child Maltreatment Central Registry of that state.

(e) (1) (A) (i) A report of child maltreatment that does not meet the requirements of subsection (a) of this section shall not be accepted by the Child Abuse Hotline. (ii) The Child Abuse Hotline shall document a report of an allegation of abuse, sexual abuse, or sexual exploitation of an alleged victim who is eighteen (18) years of age or older and refer the report to local law enforcement for criminal investigation if the alleged victim is: (a) Enrolled in high school; or (b) In the extended foster care program under § 9-28-114 . (B) The Child Abuse Hotline may accept a report of child maltreatment that does not meet the requirements of subsection (a) of this section if sufficient information is provided to accept the report under §§ 12-18-304 - 12-18-310 . (C) The Child Abuse Hotline shall not accept an anonymous report. (2) (A) The Department of Human Services and the Division of Arkansas State Police shall establish procedures for the Child Abuse Hotline. (B) The procedures established by the Department of Human Services and the Division of Arkansas State Police shall include without limitation the: (i) Creation of a secondary review of an accepted report of child maltreatment by the investigating agency assigned under § 12-18-601 to ensure that the report of child maltreatment meets the requirements of this section; and (ii) Ability of the Child Abuse Hotline and the investigating agency to contact the Department of Human Services to obtain or determine information relevant to whether a report of child maltreatment should be accepted. (3) A report of child maltreatment that does not meet the requirements of subsection (a) of this section shall be considered screened-out for the purposes of releasing information under § 12-18-910 .

(1) (A) (i) A report of child maltreatment that does not meet the requirements of subsection (a) of this section shall not be accepted by the Child Abuse Hotline. (ii) The Child Abuse Hotline shall document a report of an allegation of abuse, sexual abuse, or sexual exploitation of an alleged victim who is eighteen (18) years of age or older and refer the report to local law enforcement for criminal investigation if the alleged victim is: (a) Enrolled in high school; or (b) In the extended foster care program under § 9-28-114 . (B) The Child Abuse Hotline may accept a report of child maltreatment that does not meet the requirements of subsection (a) of this section if sufficient information is provided to accept the report under §§ 12-18-304 - 12-18-310 . (C) The Child Abuse Hotline shall not accept an anonymous report.

(A) (i) A report of child maltreatment that does not meet the requirements of subsection (a) of this section shall not be accepted by the Child Abuse Hotline. (ii) The Child Abuse Hotline shall document a report of an allegation of abuse, sexual abuse, or sexual exploitation of an alleged victim who is eighteen (18) years of age or older and refer the report to local law enforcement for criminal investigation if the alleged victim is: (a) Enrolled in high school; or (b) In the extended foster care program under § 9-28-114 .

(i) A report of child maltreatment that does not meet the requirements of subsection (a) of this section shall not be accepted by the Child Abuse Hotline.

(ii) The Child Abuse Hotline shall document a report of an allegation of abuse, sexual abuse, or sexual exploitation of an alleged victim who is eighteen (18) years of age or older and refer the report to local law enforcement for criminal investigation if the alleged victim is: (a) Enrolled in high school; or (b) In the extended foster care program under § 9-28-114 .

(a) Enrolled in high school; or

(b) In the extended foster care program under § 9-28-114 .

(B) The Child Abuse Hotline may accept a report of child maltreatment that does not meet the requirements of subsection (a) of this section if sufficient information is provided to accept the report under §§ 12-18-304 - 12-18-310 .

(C) The Child Abuse Hotline shall not accept an anonymous report.

(2) (A) The Department of Human Services and the Division of Arkansas State Police shall establish procedures for the Child Abuse Hotline. (B) The procedures established by the Department of Human Services and the Division of Arkansas State Police shall include without limitation the: (i) Creation of a secondary review of an accepted report of child maltreatment by the investigating agency assigned under § 12-18-601 to ensure that the report of child maltreatment meets the requirements of this section; and (ii) Ability of the Child Abuse Hotline and the investigating agency to contact the Department of Human Services to obtain or determine information relevant to whether a report of child maltreatment should be accepted.

(A) The Department of Human Services and the Division of Arkansas State Police shall establish procedures for the Child Abuse Hotline.

(B) The procedures established by the Department of Human Services and the Division of Arkansas State Police shall include without limitation the: (i) Creation of a secondary review of an accepted report of child maltreatment by the investigating agency assigned under § 12-18-601 to ensure that the report of child maltreatment meets the requirements of this section; and (ii) Ability of the Child Abuse Hotline and the investigating agency to contact the Department of Human Services to obtain or determine information relevant to whether a report of child maltreatment should be accepted.

(i) Creation of a secondary review of an accepted report of child maltreatment by the investigating agency assigned under § 12-18-601 to ensure that the report of child maltreatment meets the requirements of this section; and

(ii) Ability of the Child Abuse Hotline and the investigating agency to contact the Department of Human Services to obtain or determine information relevant to whether a report of child maltreatment should be accepted.

(3) A report of child maltreatment that does not meet the requirements of subsection (a) of this section shall be considered screened-out for the purposes of releasing information under § 12-18-910 .

Amended by Act 2023, No. 727,§ 7, eff. 8/1/2023.

Amended by Act 2019, No. 802,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 250,§ 11, eff. 8/1/2017.

Amended by Act 2015, No. 1211,§ 2, eff. 7/22/2015.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 6.
Ark. Code Ann. § 12-64-836 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-836
Dueling or fighting
Status: in_force

A person subject to this code who fights, without authority, or promotes, or is concerned in or connives at fighting or dueling, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority shall be punished as a court-martial may direct. Amended by Act 2015, No. 1003,§ 37, eff. 7/22/2015. Acts 1969, No. 50, § 154; A.S.A. 1947, § 11-736.

A person subject to this code who fights, without authority, or promotes, or is concerned in or connives at fighting or dueling, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority shall be punished as a court-martial may direct.

Amended by Act 2015, No. 1003,§ 37, eff. 7/22/2015.

Acts 1969, No. 50, § 154; A.S.A. 1947, § 11-736.
Ark. Code Ann. § 12-51-602 — AR Code / Title 12 / Chapter 51 / Subchapter 6 / Section 12-51-602
Default
Status: in_force

(a) If the Interstate Commission for Adult Offender Supervision determines that any compacting state has at any time defaulted as a "defaulting state" in the performance of any of its obligations or responsibilities under this compact, the bylaws, or any duly promulgated rules, the interstate commission may impose any or all of the following penalties: (1) Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission; (2) Remedial training and technical assistance as directed by the interstate commission; and (3) Suspension and termination of membership in the compact. (A) Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. (B) Immediate notice of suspension shall be given by the interstate commission to the Governor, the Chief Justice or Chief Judicial Officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council. (b) (1) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission bylaws, or duly promulgated rules. (2) The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. (3) The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of suspension. (4) Within sixty (60) days of the effective date of termination of a defaulting state, the interstate commission shall notify the Governor, the Chief Justice or Chief Judicial Officer, and the majority and minority leaders of the defaulting state's legislature and the state council of such termination. (c) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including any obligations, the performance of which extends beyond the effective date of termination. (d) (1) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state. (2) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules. Acts 2001, No. 253, § 1.

(a) If the Interstate Commission for Adult Offender Supervision determines that any compacting state has at any time defaulted as a "defaulting state" in the performance of any of its obligations or responsibilities under this compact, the bylaws, or any duly promulgated rules, the interstate commission may impose any or all of the following penalties: (1) Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission; (2) Remedial training and technical assistance as directed by the interstate commission; and (3) Suspension and termination of membership in the compact. (A) Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. (B) Immediate notice of suspension shall be given by the interstate commission to the Governor, the Chief Justice or Chief Judicial Officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council.

(1) Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission;

(2) Remedial training and technical assistance as directed by the interstate commission; and

(3) Suspension and termination of membership in the compact. (A) Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. (B) Immediate notice of suspension shall be given by the interstate commission to the Governor, the Chief Justice or Chief Judicial Officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council.

(A) Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted.

(B) Immediate notice of suspension shall be given by the interstate commission to the Governor, the Chief Justice or Chief Judicial Officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council.

(b) (1) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission bylaws, or duly promulgated rules. (2) The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. (3) The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of suspension. (4) Within sixty (60) days of the effective date of termination of a defaulting state, the interstate commission shall notify the Governor, the Chief Justice or Chief Judicial Officer, and the majority and minority leaders of the defaulting state's legislature and the state council of such termination.

(1) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission bylaws, or duly promulgated rules.

(2) The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default.

(3) The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of suspension.

(4) Within sixty (60) days of the effective date of termination of a defaulting state, the interstate commission shall notify the Governor, the Chief Justice or Chief Judicial Officer, and the majority and minority leaders of the defaulting state's legislature and the state council of such termination.

(c) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including any obligations, the performance of which extends beyond the effective date of termination.

(d) (1) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state. (2) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.

(1) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state.

(2) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-49-102 — AR Code / Title 12 / Chapter 49 / Subchapter 1 / Section 12-49-102
Text of Interstate Corrections Compact
Status: in_force

The Interstate Corrections Compact is enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows: INTERSTATE CORRECTIONS COMPACT ARTICLE I Purpose and Policy The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment, and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment, and rehabilitation of offenders with the most economical use of human and material resources. ARTICLE II Definitions As used in this compact, unless the context clearly requires otherwise: (a) "State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (b) "Sending state" means a state party to this compact in which conviction or court commitment was had. (c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had. (d) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution. (e) "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in (d) above may lawfully be confined. ARTICLE III Contracts (a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: 1. Its duration. 2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance. 3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom. 4. Delivery and retaking of inmates. 5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities, and rights of the sending and receiving states. (b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith. ARTICLE IV Procedures and Rights (a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care of an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state. (b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. (c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III. (d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. (e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state. (f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. (g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. (h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state. (i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact. ARTICLE V Acts Not Reviewable in Receiving State: Extradition (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference. (b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee. ARTICLE VI Federal Aid Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor. ARTICLE VII Entry into Force This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such states. ARTICLE VIII Withdrawal and Termination This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact. ARTICLE IX Other Arrangements Unaffected Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a non-party state for the confinement, rehabilitation, or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements. ARTICLE X Construction and Severability The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Acts 1973, No. 315, § 2; A.S.A. 1947, § 46-1402.

The Interstate Corrections Compact is enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows:

INTERSTATE CORRECTIONS COMPACT

ARTICLE I Purpose and Policy The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment, and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment, and rehabilitation of offenders with the most economical use of human and material resources.

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment, and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment, and rehabilitation of offenders with the most economical use of human and material resources.

ARTICLE II Definitions As used in this compact, unless the context clearly requires otherwise: (a) "State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (b) "Sending state" means a state party to this compact in which conviction or court commitment was had. (c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had. (d) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution. (e) "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in (d) above may lawfully be confined.

As used in this compact, unless the context clearly requires otherwise:

(a) "State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(b) "Sending state" means a state party to this compact in which conviction or court commitment was had.

(c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

(d) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.

(e) "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in (d) above may lawfully be confined.

ARTICLE III Contracts (a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: 1. Its duration. 2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance. 3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom. 4. Delivery and retaking of inmates. 5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities, and rights of the sending and receiving states. (b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: 1. Its duration. 2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance. 3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom. 4. Delivery and retaking of inmates. 5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities, and rights of the sending and receiving states.

1. Its duration.

2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance.

3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

4. Delivery and retaking of inmates.

5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities, and rights of the sending and receiving states.

(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV Procedures and Rights (a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care of an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state. (b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. (c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III. (d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. (e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state. (f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. (g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory. (h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state. (i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care of an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

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

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ARTICLE V Acts Not Reviewable in Receiving State: Extradition (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference. (b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI Federal Aid Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.

ARTICLE VII Entry into Force This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such states.

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such states.

ARTICLE VIII Withdrawal and Termination This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE IX Other Arrangements Unaffected Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a non-party state for the confinement, rehabilitation, or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a non-party state for the confinement, rehabilitation, or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

ARTICLE X Construction and Severability The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Acts 1973, No. 315, § 2; A.S.A. 1947, § 46-1402.
Ark. Code Ann. § 12-27-103 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-103
Division of Correction - Creation - Powers and duties
Status: in_force

(a) There is established, under the supervision, control, and direction of the Board of Corrections, a Division of Correction. (b) The Division of Correction shall have the following functions, powers, and duties, administered in accordance with the policies and rules promulgated by the Board of Corrections: (1) The Division of Correction shall have exclusive jurisdiction over the care, charge, custody, control, management, administration, and supervision of all persons and offenders committed to, or in the custody of, the state penitentiary; (2) The Division of Correction shall maintain management and control over all properties, both real and personal, facilities, books, records, equipment, supplies, materials, contracts, funds, moneys, equities, and all other properties belonging to the state penitentiary, except those deemed by the Board of Corrections to be placed in the Division of Community Correction. The Division of Correction shall administer said properties in accordance with the provisions of this act and other laws applicable to the administration of the state correctional system; (3) The Department of Correction, as the Division of Correction was known as prior to July 1, 2019, assumed all obligations, contracts, indebtedness, liabilities, and other obligations of the state penitentiary system existing on March 1, 1968; (4) (A) The Department of Correction, as the Division of Correction was known as prior to July 1, 2019, has custody, management, and control over all institutions and facilities, and the inmates therein, belonging to the state penitentiary or hereafter established by the Department of Correction, as the Division of Correction was known as prior to July 1, 2019, and known as the Division of Correction for the custodial correction and rehabilitation of persons committed to the Division of Correction for its care, except for those institutions established by or transferred to the Division of Community Correction. (B) Legal custody of inmates transferred to the Division of Community Correction shall remain with the Division of Correction unless altered by court order; (5) The Division of Correction shall establish and operate classification committees, diagnosis and treatment programs, and such other programs as may be desirable to fulfill the purposes of this act; (6) The Division of Correction shall employ such officers, employees, and agents and shall secure such offices and quarters as are deemed necessary to discharge the functions of the Division of Correction; (7) The Division of Correction shall receive all offenders committed to the Division of Correction for conviction of felonies or other offenses, the punishment of which is commitment to the penitentiary under the laws of this state, and shall be responsible for the care, custody, and correction of such persons pursuant to policies established by the Board of Corrections; (8) The Division of Correction shall operate all farming, livestock, industries, and other income-producing facilities of the Division of Correction and shall sell the products of its industries and farms in the manner provided by law; (9) The Division of Correction may establish and operate regional adult detention facilities, provided funds therefor have been authorized and appropriated by the General Assembly; (10) The Division of Correction shall cooperate with municipalities and counties in this state in providing consulting services when requested with respect to detention and correctional facilities operated by the municipalities or counties; (11) The Division of Correction shall cooperate with law enforcement agencies of this state, the United States, institutions of this state for the detention, custody, and care of delinquent and dependent juveniles, and with all agencies and departments of this state offering services or programs of welfare, rehabilitation, and other services for the benefit of persons committed to the Division of Correction; (12) The Division of Correction may accept gifts, grants, and funds from public and private sources with prior approval of the Board of Corrections and administer the same in furtherance of the purposes of this act; (13) (A) The Division of Correction shall have the authority to issue warrants for the retaking of any person who, committed to its custody, unlawfully escapes therefrom. (B) The warrant shall: (i) Authorize all law enforcement officials of this state to take custody and return the person named therein to the custody of the Division of Correction; and (ii) Authorize all law enforcement officials of this state, any other state, and the federal government to take custody and detain the person in any suitable detention facility while awaiting further transfer to the Division of Correction; (14) (A) (i) Subject to the approval of the Governor, the Division of Correction may cooperate with and contract with the federal government, governmental agencies of Arkansas and other states, political subdivisions of Arkansas, political subdivisions of other states, counties, regional correctional facilities, and private contractors to provide and improve correctional operations and to keep custody of inmates transferred from the Division of Correction. (ii) A facility owned or leased under this subdivision (b)(14) shall comply with all constitutional standards of the United States and the State of Arkansas. (B) A county may contract for construction or operation or both with another entity to house a Division of Correction inmate under this subdivision (b)(14) for a period not to exceed twenty (20) years; (15) The Division of Correction shall cooperate with the Division of Community Correction, the Post-Prison Transfer Board, the Arkansas Sentencing Commission, judicial districts, municipalities, and counties in this state in providing guidance and services required to ensure a full range of correctional options for the state as a whole; (16) The Division of Correction shall provide support to the Division of Community Correction as determined by the Board of Corrections; (17) The Division of Correction shall assist the Board of Corrections in the furtherance of its goals by staffing the specific charges articulated for it through legislation and by the Board of Corrections; (18) The Department of Corrections shall establish programs of research, evaluation, statistics, audit, and planning, including studies and evaluation of the performance of various functions and activities of the department and studies affecting the treatment of offenders and information about other programs; and (19) The Division of Correction may deposit the proceeds from the sale of state property through the Marketing and Redistribution Section as cash funds deposited into the State Treasury as determined by the Chief Fiscal Officer of the State in an amount not to exceed one hundred thousand dollars ($100,000) to be used for the operating expenses of the Paws in Prison program. Amended by Act 2023, No. 659,§ 75, eff. 1/1/2024. Amended by Act 2023, No. 890,§ 38, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 878, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 730, eff. 7/1/2019. Amended by Act 2015, No. 1206,§ 1, eff. 4/7/2015. Acts 1968 (1st Ex. Sess.), No. 50, § 3; 1977, No. 935, § 1; A.S.A. 1947, § 46-103; Acts 1993, No. 549, § 2; 2011, No. 184, § 1.

(a) There is established, under the supervision, control, and direction of the Board of Corrections, a Division of Correction.

(b) The Division of Correction shall have the following functions, powers, and duties, administered in accordance with the policies and rules promulgated by the Board of Corrections: (1) The Division of Correction shall have exclusive jurisdiction over the care, charge, custody, control, management, administration, and supervision of all persons and offenders committed to, or in the custody of, the state penitentiary; (2) The Division of Correction shall maintain management and control over all properties, both real and personal, facilities, books, records, equipment, supplies, materials, contracts, funds, moneys, equities, and all other properties belonging to the state penitentiary, except those deemed by the Board of Corrections to be placed in the Division of Community Correction. The Division of Correction shall administer said properties in accordance with the provisions of this act and other laws applicable to the administration of the state correctional system; (3) The Department of Correction, as the Division of Correction was known as prior to July 1, 2019, assumed all obligations, contracts, indebtedness, liabilities, and other obligations of the state penitentiary system existing on March 1, 1968; (4) (A) The Department of Correction, as the Division of Correction was known as prior to July 1, 2019, has custody, management, and control over all institutions and facilities, and the inmates therein, belonging to the state penitentiary or hereafter established by the Department of Correction, as the Division of Correction was known as prior to July 1, 2019, and known as the Division of Correction for the custodial correction and rehabilitation of persons committed to the Division of Correction for its care, except for those institutions established by or transferred to the Division of Community Correction. (B) Legal custody of inmates transferred to the Division of Community Correction shall remain with the Division of Correction unless altered by court order; (5) The Division of Correction shall establish and operate classification committees, diagnosis and treatment programs, and such other programs as may be desirable to fulfill the purposes of this act; (6) The Division of Correction shall employ such officers, employees, and agents and shall secure such offices and quarters as are deemed necessary to discharge the functions of the Division of Correction; (7) The Division of Correction shall receive all offenders committed to the Division of Correction for conviction of felonies or other offenses, the punishment of which is commitment to the penitentiary under the laws of this state, and shall be responsible for the care, custody, and correction of such persons pursuant to policies established by the Board of Corrections; (8) The Division of Correction shall operate all farming, livestock, industries, and other income-producing facilities of the Division of Correction and shall sell the products of its industries and farms in the manner provided by law; (9) The Division of Correction may establish and operate regional adult detention facilities, provided funds therefor have been authorized and appropriated by the General Assembly; (10) The Division of Correction shall cooperate with municipalities and counties in this state in providing consulting services when requested with respect to detention and correctional facilities operated by the municipalities or counties; (11) The Division of Correction shall cooperate with law enforcement agencies of this state, the United States, institutions of this state for the detention, custody, and care of delinquent and dependent juveniles, and with all agencies and departments of this state offering services or programs of welfare, rehabilitation, and other services for the benefit of persons committed to the Division of Correction; (12) The Division of Correction may accept gifts, grants, and funds from public and private sources with prior approval of the Board of Corrections and administer the same in furtherance of the purposes of this act; (13) (A) The Division of Correction shall have the authority to issue warrants for the retaking of any person who, committed to its custody, unlawfully escapes therefrom. (B) The warrant shall: (i) Authorize all law enforcement officials of this state to take custody and return the person named therein to the custody of the Division of Correction; and (ii) Authorize all law enforcement officials of this state, any other state, and the federal government to take custody and detain the person in any suitable detention facility while awaiting further transfer to the Division of Correction; (14) (A) (i) Subject to the approval of the Governor, the Division of Correction may cooperate with and contract with the federal government, governmental agencies of Arkansas and other states, political subdivisions of Arkansas, political subdivisions of other states, counties, regional correctional facilities, and private contractors to provide and improve correctional operations and to keep custody of inmates transferred from the Division of Correction. (ii) A facility owned or leased under this subdivision (b)(14) shall comply with all constitutional standards of the United States and the State of Arkansas. (B) A county may contract for construction or operation or both with another entity to house a Division of Correction inmate under this subdivision (b)(14) for a period not to exceed twenty (20) years; (15) The Division of Correction shall cooperate with the Division of Community Correction, the Post-Prison Transfer Board, the Arkansas Sentencing Commission, judicial districts, municipalities, and counties in this state in providing guidance and services required to ensure a full range of correctional options for the state as a whole; (16) The Division of Correction shall provide support to the Division of Community Correction as determined by the Board of Corrections; (17) The Division of Correction shall assist the Board of Corrections in the furtherance of its goals by staffing the specific charges articulated for it through legislation and by the Board of Corrections; (18) The Department of Corrections shall establish programs of research, evaluation, statistics, audit, and planning, including studies and evaluation of the performance of various functions and activities of the department and studies affecting the treatment of offenders and information about other programs; and (19) The Division of Correction may deposit the proceeds from the sale of state property through the Marketing and Redistribution Section as cash funds deposited into the State Treasury as determined by the Chief Fiscal Officer of the State in an amount not to exceed one hundred thousand dollars ($100,000) to be used for the operating expenses of the Paws in Prison program.

(1) The Division of Correction shall have exclusive jurisdiction over the care, charge, custody, control, management, administration, and supervision of all persons and offenders committed to, or in the custody of, the state penitentiary;

(2) The Division of Correction shall maintain management and control over all properties, both real and personal, facilities, books, records, equipment, supplies, materials, contracts, funds, moneys, equities, and all other properties belonging to the state penitentiary, except those deemed by the Board of Corrections to be placed in the Division of Community Correction. The Division of Correction shall administer said properties in accordance with the provisions of this act and other laws applicable to the administration of the state correctional system;

(3) The Department of Correction, as the Division of Correction was known as prior to July 1, 2019, assumed all obligations, contracts, indebtedness, liabilities, and other obligations of the state penitentiary system existing on March 1, 1968;

(4) (A) The Department of Correction, as the Division of Correction was known as prior to July 1, 2019, has custody, management, and control over all institutions and facilities, and the inmates therein, belonging to the state penitentiary or hereafter established by the Department of Correction, as the Division of Correction was known as prior to July 1, 2019, and known as the Division of Correction for the custodial correction and rehabilitation of persons committed to the Division of Correction for its care, except for those institutions established by or transferred to the Division of Community Correction. (B) Legal custody of inmates transferred to the Division of Community Correction shall remain with the Division of Correction unless altered by court order;

(A) The Department of Correction, as the Division of Correction was known as prior to July 1, 2019, has custody, management, and control over all institutions and facilities, and the inmates therein, belonging to the state penitentiary or hereafter established by the Department of Correction, as the Division of Correction was known as prior to July 1, 2019, and known as the Division of Correction for the custodial correction and rehabilitation of persons committed to the Division of Correction for its care, except for those institutions established by or transferred to the Division of Community Correction.

(B) Legal custody of inmates transferred to the Division of Community Correction shall remain with the Division of Correction unless altered by court order;

(5) The Division of Correction shall establish and operate classification committees, diagnosis and treatment programs, and such other programs as may be desirable to fulfill the purposes of this act;

(6) The Division of Correction shall employ such officers, employees, and agents and shall secure such offices and quarters as are deemed necessary to discharge the functions of the Division of Correction;

(7) The Division of Correction shall receive all offenders committed to the Division of Correction for conviction of felonies or other offenses, the punishment of which is commitment to the penitentiary under the laws of this state, and shall be responsible for the care, custody, and correction of such persons pursuant to policies established by the Board of Corrections;

(8) The Division of Correction shall operate all farming, livestock, industries, and other income-producing facilities of the Division of Correction and shall sell the products of its industries and farms in the manner provided by law;

(9) The Division of Correction may establish and operate regional adult detention facilities, provided funds therefor have been authorized and appropriated by the General Assembly;

(10) The Division of Correction shall cooperate with municipalities and counties in this state in providing consulting services when requested with respect to detention and correctional facilities operated by the municipalities or counties;

(11) The Division of Correction shall cooperate with law enforcement agencies of this state, the United States, institutions of this state for the detention, custody, and care of delinquent and dependent juveniles, and with all agencies and departments of this state offering services or programs of welfare, rehabilitation, and other services for the benefit of persons committed to the Division of Correction;

(12) The Division of Correction may accept gifts, grants, and funds from public and private sources with prior approval of the Board of Corrections and administer the same in furtherance of the purposes of this act;

(13) (A) The Division of Correction shall have the authority to issue warrants for the retaking of any person who, committed to its custody, unlawfully escapes therefrom. (B) The warrant shall: (i) Authorize all law enforcement officials of this state to take custody and return the person named therein to the custody of the Division of Correction; and (ii) Authorize all law enforcement officials of this state, any other state, and the federal government to take custody and detain the person in any suitable detention facility while awaiting further transfer to the Division of Correction;

(A) The Division of Correction shall have the authority to issue warrants for the retaking of any person who, committed to its custody, unlawfully escapes therefrom.

(B) The warrant shall: (i) Authorize all law enforcement officials of this state to take custody and return the person named therein to the custody of the Division of Correction; and (ii) Authorize all law enforcement officials of this state, any other state, and the federal government to take custody and detain the person in any suitable detention facility while awaiting further transfer to the Division of Correction;

(i) Authorize all law enforcement officials of this state to take custody and return the person named therein to the custody of the Division of Correction; and

(ii) Authorize all law enforcement officials of this state, any other state, and the federal government to take custody and detain the person in any suitable detention facility while awaiting further transfer to the Division of Correction;

(14) (A) (i) Subject to the approval of the Governor, the Division of Correction may cooperate with and contract with the federal government, governmental agencies of Arkansas and other states, political subdivisions of Arkansas, political subdivisions of other states, counties, regional correctional facilities, and private contractors to provide and improve correctional operations and to keep custody of inmates transferred from the Division of Correction. (ii) A facility owned or leased under this subdivision (b)(14) shall comply with all constitutional standards of the United States and the State of Arkansas. (B) A county may contract for construction or operation or both with another entity to house a Division of Correction inmate under this subdivision (b)(14) for a period not to exceed twenty (20) years;

(A) (i) Subject to the approval of the Governor, the Division of Correction may cooperate with and contract with the federal government, governmental agencies of Arkansas and other states, political subdivisions of Arkansas, political subdivisions of other states, counties, regional correctional facilities, and private contractors to provide and improve correctional operations and to keep custody of inmates transferred from the Division of Correction. (ii) A facility owned or leased under this subdivision (b)(14) shall comply with all constitutional standards of the United States and the State of Arkansas.

(i) Subject to the approval of the Governor, the Division of Correction may cooperate with and contract with the federal government, governmental agencies of Arkansas and other states, political subdivisions of Arkansas, political subdivisions of other states, counties, regional correctional facilities, and private contractors to provide and improve correctional operations and to keep custody of inmates transferred from the Division of Correction.

(ii) A facility owned or leased under this subdivision (b)(14) shall comply with all constitutional standards of the United States and the State of Arkansas.

(B) A county may contract for construction or operation or both with another entity to house a Division of Correction inmate under this subdivision (b)(14) for a period not to exceed twenty (20) years;

(15) The Division of Correction shall cooperate with the Division of Community Correction, the Post-Prison Transfer Board, the Arkansas Sentencing Commission, judicial districts, municipalities, and counties in this state in providing guidance and services required to ensure a full range of correctional options for the state as a whole;

(16) The Division of Correction shall provide support to the Division of Community Correction as determined by the Board of Corrections;

(17) The Division of Correction shall assist the Board of Corrections in the furtherance of its goals by staffing the specific charges articulated for it through legislation and by the Board of Corrections;

(18) The Department of Corrections shall establish programs of research, evaluation, statistics, audit, and planning, including studies and evaluation of the performance of various functions and activities of the department and studies affecting the treatment of offenders and information about other programs; and

(19) The Division of Correction may deposit the proceeds from the sale of state property through the Marketing and Redistribution Section as cash funds deposited into the State Treasury as determined by the Chief Fiscal Officer of the State in an amount not to exceed one hundred thousand dollars ($100,000) to be used for the operating expenses of the Paws in Prison program.

Amended by Act 2023, No. 659,§ 75, eff. 1/1/2024.

Amended by Act 2023, No. 890,§ 38, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 878, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 730, eff. 7/1/2019.

Amended by Act 2015, No. 1206,§ 1, eff. 4/7/2015.

Acts 1968 (1st Ex. Sess.), No. 50, § 3; 1977, No. 935, § 1; A.S.A. 1947, § 46-103; Acts 1993, No. 549, § 2; 2011, No. 184, § 1.
Ark. Code Ann. § 12-12-211 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-211
Access to records
Status: in_force

(a) (1) The Arkansas Crime Information Center shall make criminal history records on persons available in accordance with §§ 12-12-1008 - 12-12-1011 . (2) Release of other noncriminal history records shall be in accordance with policies and rules established by the Supervisory Board for the Arkansas Crime Information Center. (b) (1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall be considered a criminal justice agency solely for the purpose of securing information from the center regarding the address or whereabouts of any deserting parent from whom the office is charged with collecting child support. (2) Any information received by the Crime Victims Reparations Board through the office of the Attorney General obtained from the center pursuant to § 16-90-712 shall not be available for examination except by the affected claimant or his or her duly authorized representative. (3) (A) It shall be unlawful for any person to disclose information obtained under this subsection except: (i) For the purpose of performing the duties of the: (a) Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; or (b) Crime Victims Reparations Board; or (ii) Upon court order. (B) Upon conviction, any person violating subdivision (b)(3)(A) of this section shall be guilty of a Class A misdemeanor. (c) (1) Except as provided in subdivision (c)(2) of this section, an elected law enforcement officer of a political subdivision of this state shall not be allowed access to information from the center unless either the elected law enforcement officer or a law enforcement officer within his or her department has successfully completed the preparatory program of police training required by the Arkansas Commission on Law Enforcement Standards and Training for certification of law enforcement officers. (2) A constable shall have access to information from the center if the commission certifies that the constable has completed the course required by § 14-14-1314 . (d) (1) The State Board of Law Examiners shall be deemed to be a regulatory agency having specific statutory access to the records of the center as provided by subsection (a) of this section. (2) In that capacity, the State Board of Law Examiners shall require each applicant for admission to the Bar of Arkansas to be fingerprinted. (3) The center is authorized to accept fingerprints or other information provided to it by the State Board of Law Examiners and is further authorized to release to the State Board of Law Examiners any requested information, including state, multistate, and Federal Bureau of Investigation criminal history records, as they may relate to applicants for admission to the bar. (e) The center shall provide access to the insurance verification database that contains the information provided to the Department of Finance and Administration or to a vendor designated by the department under § 27-22-107 to law enforcement officers during the course of traffic stops. Amended by Act 2019, No. 315,§ 859, eff. 7/24/2019. Acts 1971, No. 286, § 2; 1975, No. 742, § 2; 1981, No. 902, §§ 1, 2; A.S.A. 1947, §§ 5-1102, 5-1118, 5-1119; Acts 1993, No. 605, § 1; 1995, No. 1184, § 29; 1997, No. 243, § 1; 1997, No. 826, § 2; 1999, No. 1224, § 1; 2003, No. 998, § 3; 2007, No. 841, § 1; 2009, No. 476, § 1.

(a) (1) The Arkansas Crime Information Center shall make criminal history records on persons available in accordance with §§ 12-12-1008 - 12-12-1011 . (2) Release of other noncriminal history records shall be in accordance with policies and rules established by the Supervisory Board for the Arkansas Crime Information Center.

(1) The Arkansas Crime Information Center shall make criminal history records on persons available in accordance with §§ 12-12-1008 - 12-12-1011 .

(2) Release of other noncriminal history records shall be in accordance with policies and rules established by the Supervisory Board for the Arkansas Crime Information Center.

(b) (1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall be considered a criminal justice agency solely for the purpose of securing information from the center regarding the address or whereabouts of any deserting parent from whom the office is charged with collecting child support. (2) Any information received by the Crime Victims Reparations Board through the office of the Attorney General obtained from the center pursuant to § 16-90-712 shall not be available for examination except by the affected claimant or his or her duly authorized representative. (3) (A) It shall be unlawful for any person to disclose information obtained under this subsection except: (i) For the purpose of performing the duties of the: (a) Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; or (b) Crime Victims Reparations Board; or (ii) Upon court order. (B) Upon conviction, any person violating subdivision (b)(3)(A) of this section shall be guilty of a Class A misdemeanor.

(1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall be considered a criminal justice agency solely for the purpose of securing information from the center regarding the address or whereabouts of any deserting parent from whom the office is charged with collecting child support.

(2) Any information received by the Crime Victims Reparations Board through the office of the Attorney General obtained from the center pursuant to § 16-90-712 shall not be available for examination except by the affected claimant or his or her duly authorized representative.

(3) (A) It shall be unlawful for any person to disclose information obtained under this subsection except: (i) For the purpose of performing the duties of the: (a) Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; or (b) Crime Victims Reparations Board; or (ii) Upon court order. (B) Upon conviction, any person violating subdivision (b)(3)(A) of this section shall be guilty of a Class A misdemeanor.

(A) It shall be unlawful for any person to disclose information obtained under this subsection except: (i) For the purpose of performing the duties of the: (a) Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; or (b) Crime Victims Reparations Board; or (ii) Upon court order.

(i) For the purpose of performing the duties of the: (a) Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; or (b) Crime Victims Reparations Board; or

(a) Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; or

(b) Crime Victims Reparations Board; or

(ii) Upon court order.

(B) Upon conviction, any person violating subdivision (b)(3)(A) of this section shall be guilty of a Class A misdemeanor.

(c) (1) Except as provided in subdivision (c)(2) of this section, an elected law enforcement officer of a political subdivision of this state shall not be allowed access to information from the center unless either the elected law enforcement officer or a law enforcement officer within his or her department has successfully completed the preparatory program of police training required by the Arkansas Commission on Law Enforcement Standards and Training for certification of law enforcement officers. (2) A constable shall have access to information from the center if the commission certifies that the constable has completed the course required by § 14-14-1314 .

(1) Except as provided in subdivision (c)(2) of this section, an elected law enforcement officer of a political subdivision of this state shall not be allowed access to information from the center unless either the elected law enforcement officer or a law enforcement officer within his or her department has successfully completed the preparatory program of police training required by the Arkansas Commission on Law Enforcement Standards and Training for certification of law enforcement officers.

(2) A constable shall have access to information from the center if the commission certifies that the constable has completed the course required by § 14-14-1314 .

(d) (1) The State Board of Law Examiners shall be deemed to be a regulatory agency having specific statutory access to the records of the center as provided by subsection (a) of this section. (2) In that capacity, the State Board of Law Examiners shall require each applicant for admission to the Bar of Arkansas to be fingerprinted. (3) The center is authorized to accept fingerprints or other information provided to it by the State Board of Law Examiners and is further authorized to release to the State Board of Law Examiners any requested information, including state, multistate, and Federal Bureau of Investigation criminal history records, as they may relate to applicants for admission to the bar.

(1) The State Board of Law Examiners shall be deemed to be a regulatory agency having specific statutory access to the records of the center as provided by subsection (a) of this section.

(2) In that capacity, the State Board of Law Examiners shall require each applicant for admission to the Bar of Arkansas to be fingerprinted.

(3) The center is authorized to accept fingerprints or other information provided to it by the State Board of Law Examiners and is further authorized to release to the State Board of Law Examiners any requested information, including state, multistate, and Federal Bureau of Investigation criminal history records, as they may relate to applicants for admission to the bar.

(e) The center shall provide access to the insurance verification database that contains the information provided to the Department of Finance and Administration or to a vendor designated by the department under § 27-22-107 to law enforcement officers during the course of traffic stops.

Amended by Act 2019, No. 315,§ 859, eff. 7/24/2019.

Acts 1971, No. 286, § 2; 1975, No. 742, § 2; 1981, No. 902, §§ 1, 2; A.S.A. 1947, §§ 5-1102, 5-1118, 5-1119; Acts 1993, No. 605, § 1; 1995, No. 1184, § 29; 1997, No. 243, § 1; 1997, No. 826, § 2; 1999, No. 1224, § 1; 2003, No. 998, § 3; 2007, No. 841, § 1; 2009, No. 476, § 1.
Ark. Code Ann. § 12-29-602 — AR Code / Title 12 / Chapter 29 / Subchapter 6 / Section 12-29-602
Immunity not affected
Status: in_force

The provisions of this subchapter are not intended to in any way affect the immunity from suit granted to state officials and employees under § 19-10-305 or to the state and its official agencies under Arkansas Constitution, Article 5, § 20. Acts 1997, No. 524, § 2.

The provisions of this subchapter are not intended to in any way affect the immunity from suit granted to state officials and employees under § 19-10-305 or to the state and its official agencies under Arkansas Constitution, Article 5, § 20.

Acts 1997, No. 524, § 2.
Ark. Code Ann. § 12-8-107 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-107
Arrests and detentions
Status: in_force

(a) If any officer of the Division of Arkansas State Police delivers an arrested person to a county jail for detention, it shall be the duty of the jailer to receive the prisoner. (b) The division officer may notify the county sheriff or prosecuting officer of the county in which the crime was committed of the arrest and detention of the prisoner and make such lawful disposition of the prisoner as the division officer is directed to do by the county sheriff or prosecuting officer. Amended by Act 2019, No. 910,§ 5766, eff. 7/1/2019. Acts 1945, No. 231, § 8; A.S.A. 1947, § 42-408; Acts 2001, No. 1697, § 5.

(a) If any officer of the Division of Arkansas State Police delivers an arrested person to a county jail for detention, it shall be the duty of the jailer to receive the prisoner.

(b) The division officer may notify the county sheriff or prosecuting officer of the county in which the crime was committed of the arrest and detention of the prisoner and make such lawful disposition of the prisoner as the division officer is directed to do by the county sheriff or prosecuting officer.

Amended by Act 2019, No. 910,§ 5766, eff. 7/1/2019.

Acts 1945, No. 231, § 8; A.S.A. 1947, § 42-408; Acts 2001, No. 1697, § 5.
Ark. Code Ann. § 12-41-509 — AR Code / Title 12 / Chapter 41 / Subchapter 5 / Section 12-41-509
Commitment to jail of another county
Status: in_force

(a) (1) The county sheriff of any county in this state, where there is no jail in his or her county or the jail of the county is insufficient, may commit any person in his or her custody, either on criminal or civil process, to a jail in some other county located in this state, provided the county sheriff of the other county consents to receiving the person in custody. (2) It shall be the duty of the county sheriff or keeper of the jail of the county to receive the person so committed and keep him or her safely, subject to the order of the circuit court of the county in which the prisoner was committed. (b) It shall be the duty of the county sheriff committing any person to another county for any criminal offense to notify the circuit court judge of the county in which the prisoner is to be tried of the committing of the person to the jail of the other county. The county sheriff shall transmit to the judge at the same time the cause of the capture and detention of the person. (c) (1) It shall be the duty of the circuit court judge, at least fifteen (15) days preceding the first day of the next term of the circuit court of the county in which the person is to be tried, to issue a writ of habeas corpus. The writ shall be directed to the county sheriff or keeper of the jail of the county in which the person may be committed, commanding the county sheriff or keeper of the jail to have the body of the person, together with the day and cause of the person's capture and detention, before the circuit court of the proper county for the trial of the offense on the first day of the next term of the circuit court. (2) It shall be the duty of the county sheriff or jailer to deliver, or cause to be delivered, the prisoner on the day and at the place mentioned in the writ. (3) Any county sheriff or jailer failing or neglecting to make return of the writ and have there the body of the person, according to the command of the writ, shall be deemed guilty of a contempt and shall be liable to be attached therefor. The county sheriff or jailer shall forfeit to the person or party any sum not exceeding five hundred dollars ($500), to be recovered by the injured party by an action founded on this subchapter. (d) For committing the person and for executing such writ of habeas corpus, the county sheriff shall be entitled to the same fees as are provided by law for similar services. (e) (1) In all cases in which a prisoner is committed from another county for a criminal offense under the provisions of this subchapter, the county shall pay the expenses in the same manner as if the commitment had been in the county where the offense was committed. (2) In civil suits the plaintiff or defendant shall pay the expenses in the same manner as if the imprisonment had taken place in the county where the suit was commenced. Rev. Stat., ch. 81, §§ 17-23; C. & M. Dig., §§ 6218-6224; Pope's Dig., §§ 8181-8187; A.S.A. 1947, §§ 46-413 -- 46-419; Acts 1993, No. 456, § 1.

(a) (1) The county sheriff of any county in this state, where there is no jail in his or her county or the jail of the county is insufficient, may commit any person in his or her custody, either on criminal or civil process, to a jail in some other county located in this state, provided the county sheriff of the other county consents to receiving the person in custody. (2) It shall be the duty of the county sheriff or keeper of the jail of the county to receive the person so committed and keep him or her safely, subject to the order of the circuit court of the county in which the prisoner was committed.

(1) The county sheriff of any county in this state, where there is no jail in his or her county or the jail of the county is insufficient, may commit any person in his or her custody, either on criminal or civil process, to a jail in some other county located in this state, provided the county sheriff of the other county consents to receiving the person in custody.

(2) It shall be the duty of the county sheriff or keeper of the jail of the county to receive the person so committed and keep him or her safely, subject to the order of the circuit court of the county in which the prisoner was committed.

(b) It shall be the duty of the county sheriff committing any person to another county for any criminal offense to notify the circuit court judge of the county in which the prisoner is to be tried of the committing of the person to the jail of the other county. The county sheriff shall transmit to the judge at the same time the cause of the capture and detention of the person.

(c) (1) It shall be the duty of the circuit court judge, at least fifteen (15) days preceding the first day of the next term of the circuit court of the county in which the person is to be tried, to issue a writ of habeas corpus. The writ shall be directed to the county sheriff or keeper of the jail of the county in which the person may be committed, commanding the county sheriff or keeper of the jail to have the body of the person, together with the day and cause of the person's capture and detention, before the circuit court of the proper county for the trial of the offense on the first day of the next term of the circuit court. (2) It shall be the duty of the county sheriff or jailer to deliver, or cause to be delivered, the prisoner on the day and at the place mentioned in the writ. (3) Any county sheriff or jailer failing or neglecting to make return of the writ and have there the body of the person, according to the command of the writ, shall be deemed guilty of a contempt and shall be liable to be attached therefor. The county sheriff or jailer shall forfeit to the person or party any sum not exceeding five hundred dollars ($500), to be recovered by the injured party by an action founded on this subchapter.

(1) It shall be the duty of the circuit court judge, at least fifteen (15) days preceding the first day of the next term of the circuit court of the county in which the person is to be tried, to issue a writ of habeas corpus. The writ shall be directed to the county sheriff or keeper of the jail of the county in which the person may be committed, commanding the county sheriff or keeper of the jail to have the body of the person, together with the day and cause of the person's capture and detention, before the circuit court of the proper county for the trial of the offense on the first day of the next term of the circuit court.

(2) It shall be the duty of the county sheriff or jailer to deliver, or cause to be delivered, the prisoner on the day and at the place mentioned in the writ.

(3) Any county sheriff or jailer failing or neglecting to make return of the writ and have there the body of the person, according to the command of the writ, shall be deemed guilty of a contempt and shall be liable to be attached therefor. The county sheriff or jailer shall forfeit to the person or party any sum not exceeding five hundred dollars ($500), to be recovered by the injured party by an action founded on this subchapter.

(d) For committing the person and for executing such writ of habeas corpus, the county sheriff shall be entitled to the same fees as are provided by law for similar services.

(e) (1) In all cases in which a prisoner is committed from another county for a criminal offense under the provisions of this subchapter, the county shall pay the expenses in the same manner as if the commitment had been in the county where the offense was committed. (2) In civil suits the plaintiff or defendant shall pay the expenses in the same manner as if the imprisonment had taken place in the county where the suit was commenced.

(1) In all cases in which a prisoner is committed from another county for a criminal offense under the provisions of this subchapter, the county shall pay the expenses in the same manner as if the commitment had been in the county where the offense was committed.

(2) In civil suits the plaintiff or defendant shall pay the expenses in the same manner as if the imprisonment had taken place in the county where the suit was commenced.

Rev. Stat., ch. 81, §§ 17-23; C. & M. Dig., §§ 6218-6224; Pope's Dig., §§ 8181-8187; A.S.A. 1947, §§ 46-413 -- 46-419; Acts 1993, No. 456, § 1.
Ark. Code Ann. § 12-29-406 — AR Code / Title 12 / Chapter 29 / Subchapter 4 / Section 12-29-406
Treatment for deviant sexual behavior
Status: in_force

(a) The purpose of this section is to enable the Division of Correction to establish a core program that will utilize services of medical and mental health providers in the community to provide intensive treatment of inmates with paraphilia, commonly known as sexual deviations, during their incarceration to increase their chance of returning to society successfully upon their release. (b) (1) The Mental Health Services Section of the Division of Correction is authorized to establish and maintain a program for intensive treatment for control of deviant sexual behavior of inmates in a specialized treatment setting and to cooperate with the medical services provider in screening for sexually transmitted diseases as part of this program. (2) The division may develop the program in such a manner as to utilize outside professionals from the medical and mental health fields to provide both teaching and training opportunities. (c) The section shall adopt, promulgate, and enforce such rules, policies, and standards as may be necessary to carry out the intent and purposes of this section. Amended by Act 2019, No. 315,§ 902, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 808, eff. 7/1/2019. Acts 1987, No. 777, §§ 1-3.

(a) The purpose of this section is to enable the Division of Correction to establish a core program that will utilize services of medical and mental health providers in the community to provide intensive treatment of inmates with paraphilia, commonly known as sexual deviations, during their incarceration to increase their chance of returning to society successfully upon their release.

(b) (1) The Mental Health Services Section of the Division of Correction is authorized to establish and maintain a program for intensive treatment for control of deviant sexual behavior of inmates in a specialized treatment setting and to cooperate with the medical services provider in screening for sexually transmitted diseases as part of this program. (2) The division may develop the program in such a manner as to utilize outside professionals from the medical and mental health fields to provide both teaching and training opportunities.

(1) The Mental Health Services Section of the Division of Correction is authorized to establish and maintain a program for intensive treatment for control of deviant sexual behavior of inmates in a specialized treatment setting and to cooperate with the medical services provider in screening for sexually transmitted diseases as part of this program.

(2) The division may develop the program in such a manner as to utilize outside professionals from the medical and mental health fields to provide both teaching and training opportunities.

(c) The section shall adopt, promulgate, and enforce such rules, policies, and standards as may be necessary to carry out the intent and purposes of this section.

Amended by Act 2019, No. 315,§ 902, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 808, eff. 7/1/2019.

Acts 1987, No. 777, §§ 1-3.
Ark. Code Ann. § 12-64-409 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-409
Military judge
Status: in_force

(a) A military judge shall be detailed to each general and special court-martial. (b) The military judge shall be a commissioned officer who is a member of the bar of the highest court of a state or a member of the bar of a federal court and who is certified to be qualified for that duty by the State Judge Advocate. (c) The military judge shall be detailed by the State Judge Advocate. (d) Neither the convening authority nor any member of his or her staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed which relates to his or her performance of duty as a military judge. (e) No person shall be eligible to act as military judge in a case if he or she is the accuser or a witness for the prosecution or has acted as investigating officer or as a counsel in the same case. (f) The military judge of a court-martial may not consult with the members of the court, except in the presence of the accused, trial counsel, and defense counsel, nor may he or she vote with the members of the court. Amended by Act 2015, No. 1003,§ 16, eff. 7/22/2015. Acts 1969, No. 50, § 72; A.S.A. 1947, § 11-627; Acts 1987, No. 125, § 3.

(a) A military judge shall be detailed to each general and special court-martial.

(b) The military judge shall be a commissioned officer who is a member of the bar of the highest court of a state or a member of the bar of a federal court and who is certified to be qualified for that duty by the State Judge Advocate.

(c) The military judge shall be detailed by the State Judge Advocate.

(d) Neither the convening authority nor any member of his or her staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed which relates to his or her performance of duty as a military judge.

(e) No person shall be eligible to act as military judge in a case if he or she is the accuser or a witness for the prosecution or has acted as investigating officer or as a counsel in the same case.

(f) The military judge of a court-martial may not consult with the members of the court, except in the presence of the accused, trial counsel, and defense counsel, nor may he or she vote with the members of the court.

Amended by Act 2015, No. 1003,§ 16, eff. 7/22/2015.

Acts 1969, No. 50, § 72; A.S.A. 1947, § 11-627; Acts 1987, No. 125, § 3.
Ark. Code Ann. § 12-29-404 — AR Code / Title 12 / Chapter 29 / Subchapter 4 / Section 12-29-404
Medical parole for a terminal illness or permanent incapacitation - Definitions
Status: in_force

(a) As used in this section: (1) "Permanently incapacitated" means, as determined by a licensed physician, that an inmate: (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 (2) "Terminally ill" means, as determined by a licensed physician, that an inmate: (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) The Director of the Division of Correction or the Director of the Division of Community Correction shall communicate 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 or permanently incapacitated and should be considered for transfer to parole supervision or post-release supervision. (c) (1) Upon receipt of a communication described in subsection (b) of this section, the board shall assemble or request all such information as is germane to determine whether the inmate is eligible under this section for immediate transfer to parole or post-release supervision. (2) If the facts warrant and the board is satisfied that the inmate's physical condition makes the inmate no longer a threat to public safety, the board may approve the inmate for immediate transfer to parole or post-release supervision. (d) An inmate is not eligible for parole or transfer to post-release supervision under this section if he or she is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and: (1) The inmate is assessed as a Level 3 offender or higher; or (2) A victim of one (1) or more of the inmate's sex offenses was fourteen (14) years of age or younger. (e) The board may revoke a person's parole or post-release supervision granted under this section if the person's medical condition improves to the point that he or she would initially not have been eligible for parole or post-release supervision under this section. Amended by Act 2023, No. 659,§ 111, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 110, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 109, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 108, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 805, eff. 7/1/2019. Acts 1893, No. 76, § 35, p. 121; C. & M. Dig., § 9666; Pope's Dig., § 12706; A.S.A. 1947 § 46-152; Acts 1991, No. 771, § 1; 1995, No. 290, § 1; 2011, No. 570, § 75.

(a) As used in this section: (1) "Permanently incapacitated" means, as determined by a licensed physician, that an inmate: (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 (2) "Terminally ill" means, as determined by a licensed physician, that an inmate: (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) "Permanently incapacitated" means, as determined by a licensed physician, that an inmate: (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

(2) "Terminally ill" means, as determined by a licensed physician, that an inmate: (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) The Director of the Division of Correction or the Director of the Division of Community Correction shall communicate 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 or permanently incapacitated and should be considered for transfer to parole supervision or post-release supervision.

(c) (1) Upon receipt of a communication described in subsection (b) of this section, the board shall assemble or request all such information as is germane to determine whether the inmate is eligible under this section for immediate transfer to parole or post-release supervision. (2) If the facts warrant and the board is satisfied that the inmate's physical condition makes the inmate no longer a threat to public safety, the board may approve the inmate for immediate transfer to parole or post-release supervision.

(1) Upon receipt of a communication described in subsection (b) of this section, the board shall assemble or request all such information as is germane to determine whether the inmate is eligible under this section for immediate transfer to parole or post-release supervision.

(2) If the facts warrant and the board is satisfied that the inmate's physical condition makes the inmate no longer a threat to public safety, the board may approve the inmate for immediate transfer to parole or post-release supervision.

(d) An inmate is not eligible for parole or transfer to post-release supervision under this section if he or she is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and: (1) The inmate is assessed as a Level 3 offender or higher; or (2) A victim of one (1) or more of the inmate's sex offenses was fourteen (14) years of age or younger.

(1) The inmate is assessed as a Level 3 offender or higher; or

(2) A victim of one (1) or more of the inmate's sex offenses was fourteen (14) years of age or younger.

(e) The board may revoke a person's parole or post-release supervision granted under this section if the person's medical condition improves to the point that he or she would initially not have been eligible for parole or post-release supervision under this section.

Amended by Act 2023, No. 659,§ 111, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 110, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 109, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 108, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 805, eff. 7/1/2019.

Acts 1893, No. 76, § 35, p. 121; C. & M. Dig., § 9666; Pope's Dig., § 12706; A.S.A. 1947 § 46-152; Acts 1991, No. 771, § 1; 1995, No. 290, § 1; 2011, No. 570, § 75.
Ark. Code Ann. § 12-29-307 — AR Code / Title 12 / Chapter 29 / Subchapter 3 / Section 12-29-307
[Repealed]
Status: repealed

Repealed by Act 2021, No. 497,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 801, eff. 7/1/2019. Acts 1985, No. 288, § 1; A.S.A. 1947, § 46-1308; Acts 2005, No. 496, § 5.

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

Amended by Act 2019, No. 910,§ 801, eff. 7/1/2019.

Acts 1985, No. 288, § 1; A.S.A. 1947, § 46-1308; Acts 2005, No. 496, § 5.
Ark. Code Ann. § 12-41-712 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-712
Bonds - Pledge of revenues - Funds
Status: in_force

(a) (1) The principal, premiums, if any, interest on, and trustees' and paying agents' fees in connection with all bonds issued under this subchapter shall be secured by a lien on and pledge of: (A) The fee revenues and the gross revenues derived from revenues collected from fines or penalties for convictions of the offenses as defined in this subchapter; (B) All real property and personal property owned by the county jail board, municipal jail board, or public instrumentality jail board; and (C) All other collateral identified in the trust indenture pursuant to which the bonds are issued. (2) The pledged revenues and the principal and interest are specifically declared to be cash funds, restricted in their use and dedication, and to be used solely as provided in this subchapter. (3) Bonds may additionally be secured and collateralized by: (A) The board's pledge of contract revenue receivables realized through the execution of contracts with third parties for incarcerant housing; (B) Income received from supplying third parties with incarcerant services and labor; and (C) All other revenues and income that the board may realize through its operations that are otherwise expressly pledged and identified in the bonds' trust indenture or authorizing resolution. (b) There is created a fund designated the jail revenue bond fund, with respect to bonds issued under this subchapter to be maintained at such depository as shall be specified by the board. (c) The jail revenue fund shall be a trust fund and, after the issuance of any bonds pursuant to this subchapter, the moneys therein shall be applied for the payment of the principal of, premiums, if any, and interest on the bonds, trustees' fees, paying agents' fees, and any other fees in connection with the bonds at maturity and at redemption prior to maturity, except moneys that are withdrawn therefrom pursuant to § 12-41-709(b) , all as shall be specified and subject to the terms and conditions set forth in the authorizing resolution or trust indenture. (d) The pledged revenues shall not be deposited into the county treasury, municipal treasury, or public instrumentality treasury but, when received, shall be deposited into the appropriate jail revenue bond fund. (e) The principal, premiums, if any, and interest on the bonds and trustees' fees, paying agents' fees, and any other fees in connection with the bonds may be paid from the moneys in the jail revenue bond fund and the moneys required by this subchapter to be deposited into the jail revenue bond fund. (f) The board is directed to insert appropriate provisions in the authorizing resolution or trust indenture for the investment and reinvestment of moneys in the jail revenue bond fund in securities selected by the board, and all income derived from the investment shall be and become part of the jail revenue bond fund. (g) Any municipality, county, public instrumentality, or other governmental entity may pledge all or any portion of its fines, penalties, bonds against fines, court costs, filing fees, other court fees, and other sums payable by judicial order, statute, ordinance, or otherwise imposed by law and collected by the entity towards the repayment of any debt issued by a board or any public facilities board operating, owning, or administering a jail facility. Acts 1983, No. 918, § 12; A.S.A. 1947, § 46-458; Acts 2003, No. 1772, § 1.

(a) (1) The principal, premiums, if any, interest on, and trustees' and paying agents' fees in connection with all bonds issued under this subchapter shall be secured by a lien on and pledge of: (A) The fee revenues and the gross revenues derived from revenues collected from fines or penalties for convictions of the offenses as defined in this subchapter; (B) All real property and personal property owned by the county jail board, municipal jail board, or public instrumentality jail board; and (C) All other collateral identified in the trust indenture pursuant to which the bonds are issued. (2) The pledged revenues and the principal and interest are specifically declared to be cash funds, restricted in their use and dedication, and to be used solely as provided in this subchapter. (3) Bonds may additionally be secured and collateralized by: (A) The board's pledge of contract revenue receivables realized through the execution of contracts with third parties for incarcerant housing; (B) Income received from supplying third parties with incarcerant services and labor; and (C) All other revenues and income that the board may realize through its operations that are otherwise expressly pledged and identified in the bonds' trust indenture or authorizing resolution.

(1) The principal, premiums, if any, interest on, and trustees' and paying agents' fees in connection with all bonds issued under this subchapter shall be secured by a lien on and pledge of: (A) The fee revenues and the gross revenues derived from revenues collected from fines or penalties for convictions of the offenses as defined in this subchapter; (B) All real property and personal property owned by the county jail board, municipal jail board, or public instrumentality jail board; and (C) All other collateral identified in the trust indenture pursuant to which the bonds are issued.

(A) The fee revenues and the gross revenues derived from revenues collected from fines or penalties for convictions of the offenses as defined in this subchapter;

(B) All real property and personal property owned by the county jail board, municipal jail board, or public instrumentality jail board; and

(C) All other collateral identified in the trust indenture pursuant to which the bonds are issued.

(2) The pledged revenues and the principal and interest are specifically declared to be cash funds, restricted in their use and dedication, and to be used solely as provided in this subchapter.

(3) Bonds may additionally be secured and collateralized by: (A) The board's pledge of contract revenue receivables realized through the execution of contracts with third parties for incarcerant housing; (B) Income received from supplying third parties with incarcerant services and labor; and (C) All other revenues and income that the board may realize through its operations that are otherwise expressly pledged and identified in the bonds' trust indenture or authorizing resolution.

(A) The board's pledge of contract revenue receivables realized through the execution of contracts with third parties for incarcerant housing;

(B) Income received from supplying third parties with incarcerant services and labor; and

(C) All other revenues and income that the board may realize through its operations that are otherwise expressly pledged and identified in the bonds' trust indenture or authorizing resolution.

(b) There is created a fund designated the jail revenue bond fund, with respect to bonds issued under this subchapter to be maintained at such depository as shall be specified by the board.

(c) The jail revenue fund shall be a trust fund and, after the issuance of any bonds pursuant to this subchapter, the moneys therein shall be applied for the payment of the principal of, premiums, if any, and interest on the bonds, trustees' fees, paying agents' fees, and any other fees in connection with the bonds at maturity and at redemption prior to maturity, except moneys that are withdrawn therefrom pursuant to § 12-41-709(b) , all as shall be specified and subject to the terms and conditions set forth in the authorizing resolution or trust indenture.

(d) The pledged revenues shall not be deposited into the county treasury, municipal treasury, or public instrumentality treasury but, when received, shall be deposited into the appropriate jail revenue bond fund.

(e) The principal, premiums, if any, and interest on the bonds and trustees' fees, paying agents' fees, and any other fees in connection with the bonds may be paid from the moneys in the jail revenue bond fund and the moneys required by this subchapter to be deposited into the jail revenue bond fund.

(f) The board is directed to insert appropriate provisions in the authorizing resolution or trust indenture for the investment and reinvestment of moneys in the jail revenue bond fund in securities selected by the board, and all income derived from the investment shall be and become part of the jail revenue bond fund.

(g) Any municipality, county, public instrumentality, or other governmental entity may pledge all or any portion of its fines, penalties, bonds against fines, court costs, filing fees, other court fees, and other sums payable by judicial order, statute, ordinance, or otherwise imposed by law and collected by the entity towards the repayment of any debt issued by a board or any public facilities board operating, owning, or administering a jail facility.

Acts 1983, No. 918, § 12; A.S.A. 1947, § 46-458; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-62-603 — AR Code / Title 12 / Chapter 62 / Subchapter 6 / Section 12-62-603
[Repealed]
Status: repealed

Repealed by Act 2017, No. 471,§ 3, eff. 8/1/2017. Acts 1995, No. 186, § 3; 1995, No. 346, § 3; 2009, No. 214, § 2.

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

Acts 1995, No. 186, § 3; 1995, No. 346, § 3; 2009, No. 214, § 2.
Ark. Code Ann. § 12-84-105 — AR Code / Title 12 / Chapter 84 / Section 12-84-105
Powers and duties
Status: in_force

The State Office of Hazardous Materials Emergency Management shall: (1) Collect, file, and establish an accessible database and make available information derived from the required reports in 42 U.S.C. §§ 11022 and 11023 , and in accordance with the laws, regulations, and guidelines established by the federal government and the State of Arkansas; (2) Establish, staff, and manage an administrative, fiscal, and operational office to manage all programs and funds required under this chapter and in accordance with the current, accepted practices prescribed by the State of Arkansas and participating federal agencies; (3) Establish and manage a system to train and certify emergency first responders at the minimum prescribed levels of competency and proficiency as required by federal or state law or regulation; (4) Assist, as requested or directed by the State Hazardous Materials Emergency Response Commission's local emergency planning committees in meeting the minimum standards for planning, training, or exercising as required under the provisions of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.; (5) Establish a system to certify local emergency planning committees as being in compliance with required actions and activities, as prescribed by the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq., and other governing directives, laws, or regulations; (6) Manage federal or state funding programs that provide direct fiscal assistance to certified local emergency planning committees for planning, training, exercising, or administration, to ensure program and fiscal compliance with current federal and state law; (7) Perform, manage, and oversee such other hazardous or toxic materials emergency management-related functions as may later be implemented, as directed by the Governor, the commission, and other state authority; (8) Collect and administer fees provided in this chapter and such federal funding as may be specifically earmarked for the program of the office, in accordance with current federal and state laws, regulations, and rules and as recommended by the commission to ensure minimum compliance with federal mandates related to hazardous or toxic materials emergency preparedness; (9) Provide a point of contact for state agencies, offices, and bureaus to assist with the coordination of specific emergency planning and training and other hazardous or toxic materials emergency management-related activities; (10) Provide direct emergency management support to local emergency planning committees to assist them with local hazardous or toxic materials emergency management activities and to assist them with reaching and maintaining compliance with federal mandates for these programs; and (11) Manage, as designated by the Governor or the commission, such other hazardous or toxic materials emergency management programs as may later be mandated by federal or state law, regulation, or guidance. Acts 1995, No. 634, § 4.

The State Office of Hazardous Materials Emergency Management shall:

(1) Collect, file, and establish an accessible database and make available information derived from the required reports in 42 U.S.C. §§ 11022 and 11023 , and in accordance with the laws, regulations, and guidelines established by the federal government and the State of Arkansas;

(2) Establish, staff, and manage an administrative, fiscal, and operational office to manage all programs and funds required under this chapter and in accordance with the current, accepted practices prescribed by the State of Arkansas and participating federal agencies;

(3) Establish and manage a system to train and certify emergency first responders at the minimum prescribed levels of competency and proficiency as required by federal or state law or regulation;

(4) Assist, as requested or directed by the State Hazardous Materials Emergency Response Commission's local emergency planning committees in meeting the minimum standards for planning, training, or exercising as required under the provisions of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.;

(5) Establish a system to certify local emergency planning committees as being in compliance with required actions and activities, as prescribed by the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq., and other governing directives, laws, or regulations;

(6) Manage federal or state funding programs that provide direct fiscal assistance to certified local emergency planning committees for planning, training, exercising, or administration, to ensure program and fiscal compliance with current federal and state law;

(7) Perform, manage, and oversee such other hazardous or toxic materials emergency management-related functions as may later be implemented, as directed by the Governor, the commission, and other state authority;

(8) Collect and administer fees provided in this chapter and such federal funding as may be specifically earmarked for the program of the office, in accordance with current federal and state laws, regulations, and rules and as recommended by the commission to ensure minimum compliance with federal mandates related to hazardous or toxic materials emergency preparedness;

(9) Provide a point of contact for state agencies, offices, and bureaus to assist with the coordination of specific emergency planning and training and other hazardous or toxic materials emergency management-related activities;

(10) Provide direct emergency management support to local emergency planning committees to assist them with local hazardous or toxic materials emergency management activities and to assist them with reaching and maintaining compliance with federal mandates for these programs; and

(11) Manage, as designated by the Governor or the commission, such other hazardous or toxic materials emergency management programs as may later be mandated by federal or state law, regulation, or guidance.

Acts 1995, No. 634, § 4.
Ark. Code Ann. § 12-18-809 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-809
Confidentiality
Status: in_force

(a) An administrative hearing decision and the hearing record, including all exhibits, under this chapter are confidential and shall remain confidential upon the filing of an appeal with a circuit court or an appellate court. (b) An administrative hearing decision and the hearing record, including all exhibits, under this chapter that uphold the agency investigative determination of true may be used or disclosed only as provided in this chapter. (c) An administrative hearing decision and the hearing record, including all exhibits, under this chapter that overturn the agency investigative determination of true may be used or disclosed only as provided in this chapter. Acts 2009, No. 749, § 1; 2011, No. 1143, § 21.

(a) An administrative hearing decision and the hearing record, including all exhibits, under this chapter are confidential and shall remain confidential upon the filing of an appeal with a circuit court or an appellate court.

(b) An administrative hearing decision and the hearing record, including all exhibits, under this chapter that uphold the agency investigative determination of true may be used or disclosed only as provided in this chapter.

(c) An administrative hearing decision and the hearing record, including all exhibits, under this chapter that overturn the agency investigative determination of true may be used or disclosed only as provided in this chapter.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 21.