Ark. Code Ann. § 12-27-146 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-146
Tracking an inmate or person being supervised who is serving a suspended sentence
Status: in_force

(a) The Division of Community Correction shall track a person under its supervision who is serving a suspended sentence and notify the prosecuting attorney with jurisdiction over the person's suspended sentence if the division knows that the person has not complied with the terms and conditions of the suspended sentence. (b) A circuit court shall notify the division of all suspended sentences to which the circuit court sentences a defendant, including the defendant's name, the terms and conditions of the suspended sentence, and the length of the suspended sentence. Amended by Act 2019, No. 910,§ 767, eff. 7/1/2019. Added by Act 2015, No. 1265,§ 8, eff. 4/8/2015.

(a) The Division of Community Correction shall track a person under its supervision who is serving a suspended sentence and notify the prosecuting attorney with jurisdiction over the person's suspended sentence if the division knows that the person has not complied with the terms and conditions of the suspended sentence.

(b) A circuit court shall notify the division of all suspended sentences to which the circuit court sentences a defendant, including the defendant's name, the terms and conditions of the suspended sentence, and the length of the suspended sentence.

Amended by Act 2019, No. 910,§ 767, eff. 7/1/2019.

Added by Act 2015, No. 1265,§ 8, eff. 4/8/2015.
Ark. Code Ann. § 12-13-101 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-101
Title
Status: in_force

This subchapter shall be known as the "Fire Prevention Act". Acts 1955, No. 254, § 1; A.S.A. 1947, § 82-806.

This subchapter shall be known as the "Fire Prevention Act".

Acts 1955, No. 254, § 1; A.S.A. 1947, § 82-806.
Ark. Code Ann. § 12-12-321 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-321
Autopsies - Exhumed bodies
Status: in_force

(a) Where death occurs under such circumstances as are set forth in § 12-12-315 and where a body has been buried without proper certification of death, it shall be the duty of the chief law enforcement official of the county or municipality in which death occurred or in which the body is buried or the State Medical Examiner, his or her associates, assistants, or deputies to notify the prosecuting attorney of the jurisdiction in which death occurred and the body is buried. (b) The prosecuting attorney shall thereupon present the facts to the circuit court of the county, and the court may, by written order, require that the body be exhumed and an autopsy be performed by the State Crime Laboratory or its designee. (c) A full and complete report of the facts developed by the autopsy shall be furnished to the court and the prosecuting attorney in timely fashion. (d) The cost of the exhumation and for transportation to and from the place of autopsy shall be borne by the county in which the death occurred. Acts 1979, No. 864, § 15; A.S.A. 1947, § 42-1217.

(a) Where death occurs under such circumstances as are set forth in § 12-12-315 and where a body has been buried without proper certification of death, it shall be the duty of the chief law enforcement official of the county or municipality in which death occurred or in which the body is buried or the State Medical Examiner, his or her associates, assistants, or deputies to notify the prosecuting attorney of the jurisdiction in which death occurred and the body is buried.

(b) The prosecuting attorney shall thereupon present the facts to the circuit court of the county, and the court may, by written order, require that the body be exhumed and an autopsy be performed by the State Crime Laboratory or its designee.

(c) A full and complete report of the facts developed by the autopsy shall be furnished to the court and the prosecuting attorney in timely fashion.

(d) The cost of the exhumation and for transportation to and from the place of autopsy shall be borne by the county in which the death occurred.

Acts 1979, No. 864, § 15; A.S.A. 1947, § 42-1217.
Ark. Code Ann. § 12-64-841 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-841
Frauds against the government
Status: in_force

Any person subject to this code shall, upon conviction, be punished as a court-martial may direct if he or she: (1) Knowing it to be false or fraudulent makes any claim against the United States, the state or any officer thereof; or presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States, the state or any officer thereof; (2) For the purpose of obtaining approval, allowance, or payment of any claim against the United States, the state or any officer thereof makes or uses any writing or other paper knowing it to contain any false or fraudulent statements; makes any oath to any fact or to any writing or other paper knowing the oath to be false; or forges or counterfeits any signature upon any writing or other paper or uses any such signature knowing it to be forged or counterfeited; (3) Having charge, possession, custody, or control of any money or other property of the United States or the state, furnished or intended for the armed forces of the United States or the organized militia or any force thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he or she receives a certificate or receipt; or (4) Being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the armed forces of the United States or the organized militia or any force thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state. Acts 1969, No. 50, § 159; A.S.A. 1947, § 11-741.

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

(1) Knowing it to be false or fraudulent makes any claim against the United States, the state or any officer thereof; or presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States, the state or any officer thereof;

(2) For the purpose of obtaining approval, allowance, or payment of any claim against the United States, the state or any officer thereof makes or uses any writing or other paper knowing it to contain any false or fraudulent statements; makes any oath to any fact or to any writing or other paper knowing the oath to be false; or forges or counterfeits any signature upon any writing or other paper or uses any such signature knowing it to be forged or counterfeited;

(3) Having charge, possession, custody, or control of any money or other property of the United States or the state, furnished or intended for the armed forces of the United States or the organized militia or any force thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he or she receives a certificate or receipt; or

(4) Being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the armed forces of the United States or the organized militia or any force thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state.

Acts 1969, No. 50, § 159; A.S.A. 1947, § 11-741.
Ark. Code Ann. § 12-12-1510 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1510
Fees
Status: in_force

(a) (1) Except as provided in subsection (c) of this section, a fee may be charged for providing criminal history information under this subchapter. (2) The amount of the fee shall be determined jointly by the Department of Arkansas State Police and the Arkansas Crime Information Center and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges. (3) (A) The fees shall be credited fifty percent (50%) to the Crime Information System Fund and fifty percent (50%) to the State Police Equipment Fund. (B) The center may utilize these funds for the operation or expansion of the automated criminal justice information system, subject to legislative appropriations. (C) The department may utilize these funds for the operation, expansion, and integration of the automated fingerprint identification system, which includes components and software to support a total integrated solution associated with the system. (b) Special revenues deposited into the Crime Information System Fund and the State Police Equipment Fund may be used for personal services and operating expenses as provided by law, and any special revenues unused at the end of any fiscal year shall be carried forward. (c) Any fee collected pursuant to a release of information under § 12-12-1506(d) shall be determined jointly by the department and the center and shall not exceed twenty dollars ($20.00) per request, exclusive of any third-party electronic processing or payment fee charged, and shall be credited as follows: (1) Thirty-eight percent (38%) as special revenues to the State Police Equipment Fund, which may be utilized for the automated fingerprint identification system, and includes components and software to support a total integrated solution associated with the system; (2) Thirty-eight percent (38%) as special revenues to the Crime Information System Fund, which may be used for the operation or expansion of the automated criminal justice information system; and (3) Twenty-four percent (24%) to the Crime Victims Reparations Revolving Fund. Amended by Act 2015, No. 1185,§ 4, eff. 1/1/2016. Acts 2003 (1st Ex. Sess.), No. 63, § 10.

(a) (1) Except as provided in subsection (c) of this section, a fee may be charged for providing criminal history information under this subchapter. (2) The amount of the fee shall be determined jointly by the Department of Arkansas State Police and the Arkansas Crime Information Center and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges. (3) (A) The fees shall be credited fifty percent (50%) to the Crime Information System Fund and fifty percent (50%) to the State Police Equipment Fund. (B) The center may utilize these funds for the operation or expansion of the automated criminal justice information system, subject to legislative appropriations. (C) The department may utilize these funds for the operation, expansion, and integration of the automated fingerprint identification system, which includes components and software to support a total integrated solution associated with the system.

(1) Except as provided in subsection (c) of this section, a fee may be charged for providing criminal history information under this subchapter.

(2) The amount of the fee shall be determined jointly by the Department of Arkansas State Police and the Arkansas Crime Information Center and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges.

(3) (A) The fees shall be credited fifty percent (50%) to the Crime Information System Fund and fifty percent (50%) to the State Police Equipment Fund. (B) The center may utilize these funds for the operation or expansion of the automated criminal justice information system, subject to legislative appropriations. (C) The department may utilize these funds for the operation, expansion, and integration of the automated fingerprint identification system, which includes components and software to support a total integrated solution associated with the system.

(A) The fees shall be credited fifty percent (50%) to the Crime Information System Fund and fifty percent (50%) to the State Police Equipment Fund.

(B) The center may utilize these funds for the operation or expansion of the automated criminal justice information system, subject to legislative appropriations.

(C) The department may utilize these funds for the operation, expansion, and integration of the automated fingerprint identification system, which includes components and software to support a total integrated solution associated with the system.

(b) Special revenues deposited into the Crime Information System Fund and the State Police Equipment Fund may be used for personal services and operating expenses as provided by law, and any special revenues unused at the end of any fiscal year shall be carried forward.

(c) Any fee collected pursuant to a release of information under § 12-12-1506(d) shall be determined jointly by the department and the center and shall not exceed twenty dollars ($20.00) per request, exclusive of any third-party electronic processing or payment fee charged, and shall be credited as follows: (1) Thirty-eight percent (38%) as special revenues to the State Police Equipment Fund, which may be utilized for the automated fingerprint identification system, and includes components and software to support a total integrated solution associated with the system; (2) Thirty-eight percent (38%) as special revenues to the Crime Information System Fund, which may be used for the operation or expansion of the automated criminal justice information system; and (3) Twenty-four percent (24%) to the Crime Victims Reparations Revolving Fund.

(1) Thirty-eight percent (38%) as special revenues to the State Police Equipment Fund, which may be utilized for the automated fingerprint identification system, and includes components and software to support a total integrated solution associated with the system;

(2) Thirty-eight percent (38%) as special revenues to the Crime Information System Fund, which may be used for the operation or expansion of the automated criminal justice information system; and

(3) Twenty-four percent (24%) to the Crime Victims Reparations Revolving Fund.

Amended by Act 2015, No. 1185,§ 4, eff. 1/1/2016.

Acts 2003 (1st Ex. Sess.), No. 63, § 10.
Ark. Code Ann. § 12-18-306 — AR Code / Title 12 / Chapter 18 / Subchapter 3 / Section 12-18-306
Reports naming an adult as the victim
Status: in_force

The Child Abuse Hotline shall accept a report of child sexual abuse, sexual contact, or sexual exploitation naming as the victim a person who is now an adult only if: (1) The alleged offender is a caretaker of a child; and (2) The person making the report is one (1) of the following: (A) The adult victim; (B) A law enforcement officer; or (C) The alleged offender. Amended by Act 2013, No. 1006,§ 8, eff. 8/16/2013. Acts 2009, No. 749, § 1.

The Child Abuse Hotline shall accept a report of child sexual abuse, sexual contact, or sexual exploitation naming as the victim a person who is now an adult only if:

(1) The alleged offender is a caretaker of a child; and

(2) The person making the report is one (1) of the following: (A) The adult victim; (B) A law enforcement officer; or (C) The alleged offender.

(A) The adult victim;

(B) A law enforcement officer; or

(C) The alleged offender.

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

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-8-504 — AR Code / Title 12 / Chapter 8 / Subchapter 5 / Section 12-8-504
Transition plan - Continuous service
Status: in_force

(a) If a transfer of child abuse investigations occurs, any and all statutory authority, powers, duties, functions, records, authorized positions, property, unexpended balances of appropriations, allocations, or other funds of the Division of Children and Family Services of the Department of Human Services for the purposes of child abuse investigations to be transferred to the Department of Arkansas State Police shall be transferred only after the development of a transition plan that will ensure the efficient and effective transfer of the powers and duties of the Department of Human Services to the Department of Arkansas State Police so that there is continuous service delivery to and protection of the children of the State of Arkansas. (b) If the Department of Human Services and the Department of Arkansas State Police enter into a contract for the Department of Arkansas State Police to conduct child abuse investigations, the contract shall include a transition plan that ensures continuous service delivery to and protection of the children of the State of Arkansas. (c) The Department of Human Services and the Department of Arkansas State Police shall submit for review any transition plan developed under this section to the House Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. Acts 1997, No. 1240, § 4; 2005, No. 1466, § 2.

(a) If a transfer of child abuse investigations occurs, any and all statutory authority, powers, duties, functions, records, authorized positions, property, unexpended balances of appropriations, allocations, or other funds of the Division of Children and Family Services of the Department of Human Services for the purposes of child abuse investigations to be transferred to the Department of Arkansas State Police shall be transferred only after the development of a transition plan that will ensure the efficient and effective transfer of the powers and duties of the Department of Human Services to the Department of Arkansas State Police so that there is continuous service delivery to and protection of the children of the State of Arkansas.

(b) If the Department of Human Services and the Department of Arkansas State Police enter into a contract for the Department of Arkansas State Police to conduct child abuse investigations, the contract shall include a transition plan that ensures continuous service delivery to and protection of the children of the State of Arkansas.

(c) The Department of Human Services and the Department of Arkansas State Police shall submit for review any transition plan developed under this section to the House Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.

Acts 1997, No. 1240, § 4; 2005, No. 1466, § 2.
Ark. Code Ann. § 12-29-305 — AR Code / Title 12 / Chapter 29 / Subchapter 3 / Section 12-29-305
Gifts and bequests
Status: in_force

The Board of Corrections and the State Board of Education may accept gifts, grants, donations, equipment, materials, bequests, and real and personal property from public and private sources to implement and operate the school program authorized by this subchapter. Acts 1973, No. 279, § 6; A.S.A. 1947, § 46-1306.

The Board of Corrections and the State Board of Education may accept gifts, grants, donations, equipment, materials, bequests, and real and personal property from public and private sources to implement and operate the school program authorized by this subchapter.

Acts 1973, No. 279, § 6; A.S.A. 1947, § 46-1306.
Ark. Code Ann. § 12-63-211 — AR Code / Title 12 / Chapter 63 / Subchapter 2 / Section 12-63-211
Prohibition of sales, auctions, and gambling
Status: in_force

The commanding officer may prohibit and prevent the holding of auction or huckster sales, and all gambling within the limits of the post, camp grounds, place of encampment, parade, or drill under his or her command or within limits not exceeding one (1) mile therefrom as he or she may prescribe. He or she may in his or her discretion abate as common nuisances all such sales. Acts 1969, No. 50, § 196; A.S.A. 1947, § 11-1007.

The commanding officer may prohibit and prevent the holding of auction or huckster sales, and all gambling within the limits of the post, camp grounds, place of encampment, parade, or drill under his or her command or within limits not exceeding one (1) mile therefrom as he or she may prescribe. He or she may in his or her discretion abate as common nuisances all such sales.

Acts 1969, No. 50, § 196; A.S.A. 1947, § 11-1007.
Ark. Code Ann. § 12-62-707 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-707
Stay of proceedings
Status: in_force

(a) If at any point during an action or proceeding it appears that a plaintiff or defendant is a service member and in the conduct of the proceedings may be adversely affected by his or her military service, the court may, on its own motion, stay the proceedings. (b) The court may stay the proceedings if the service member or another person on his or her behalf makes a request in writing to the court, unless the court determines on the record that the ability of the plaintiff to pursue the action or the defendant to conduct his or her defense is not materially affected by reason of his or her military service. Acts 2003, No. 1003, § 7.

(a) If at any point during an action or proceeding it appears that a plaintiff or defendant is a service member and in the conduct of the proceedings may be adversely affected by his or her military service, the court may, on its own motion, stay the proceedings.

(b) The court may stay the proceedings if the service member or another person on his or her behalf makes a request in writing to the court, unless the court determines on the record that the ability of the plaintiff to pursue the action or the defendant to conduct his or her defense is not materially affected by reason of his or her military service.

Acts 2003, No. 1003, § 7.
Ark. Code Ann. § 12-64-823 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-823
Noncompliance with procedural rules
Status: in_force

Any person subject to this code shall be punished as a court-martial may direct if he or she: (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or (2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused. Acts 1969, No. 50, § 141; A.S.A. 1947, § 11-723.

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

(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or

(2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused.

Acts 1969, No. 50, § 141; A.S.A. 1947, § 11-723.
Ark. Code Ann. § 12-14-106 — AR Code / Title 12 / Chapter 14 / Section 12-14-106
Additional salary payments
Status: in_force

(a) In the event that sufficient revenues in the judgment of the Secretary of State exist, the Secretary of State may make additional salary payments from those funds to those employees who have attained law enforcement certification above the basic certificate level, as defined by the Arkansas Commission on Law Enforcement Standards and Training. (b) It is the intent of this section that the payment shall be optional, at the discretion of the Secretary of State, dependent on sufficient revenues, and shall not be implemented using funds specifically set aside for other programs within the office of the Secretary of State. (c) (1) Employees shall be eligible for all or a portion of additional salary payments scheduled as follows: (A) General certificate - three hundred dollars ($300) annually; (B) Intermediate certificate - six hundred dollars ($600) annually; (C) Advanced certificate - nine hundred dollars ($900) annually; and (D) Senior certificate - one thousand two hundred dollars ($1,200) annually. (2) Payment of additional salary payments may be made monthly, quarterly, semiannually, or annually depending upon the availability of revenues and shall be restricted to the following classifications: (A) State Capitol Police Chief; (B) State Capitol Police Assistant Chief; (C) State Capitol Police sergeant; and (D) State Capitol Police corporal. (d) (1) Payments made under this section which are awarded as partial or lump-sum payments shall not be considered as salary for purposes of retirement benefits but shall be subject to withholding of all applicable federal and state taxes. (2) Payments made under this section shall not be construed as exceeding the maximum annual salary of the employee. Acts 1997, No. 976, § 18; 2005, No. 167, § 3.

(a) In the event that sufficient revenues in the judgment of the Secretary of State exist, the Secretary of State may make additional salary payments from those funds to those employees who have attained law enforcement certification above the basic certificate level, as defined by the Arkansas Commission on Law Enforcement Standards and Training.

(b) It is the intent of this section that the payment shall be optional, at the discretion of the Secretary of State, dependent on sufficient revenues, and shall not be implemented using funds specifically set aside for other programs within the office of the Secretary of State.

(c) (1) Employees shall be eligible for all or a portion of additional salary payments scheduled as follows: (A) General certificate - three hundred dollars ($300) annually; (B) Intermediate certificate - six hundred dollars ($600) annually; (C) Advanced certificate - nine hundred dollars ($900) annually; and (D) Senior certificate - one thousand two hundred dollars ($1,200) annually. (2) Payment of additional salary payments may be made monthly, quarterly, semiannually, or annually depending upon the availability of revenues and shall be restricted to the following classifications: (A) State Capitol Police Chief; (B) State Capitol Police Assistant Chief; (C) State Capitol Police sergeant; and (D) State Capitol Police corporal.

(1) Employees shall be eligible for all or a portion of additional salary payments scheduled as follows: (A) General certificate - three hundred dollars ($300) annually; (B) Intermediate certificate - six hundred dollars ($600) annually; (C) Advanced certificate - nine hundred dollars ($900) annually; and (D) Senior certificate - one thousand two hundred dollars ($1,200) annually.

(A) General certificate - three hundred dollars ($300) annually;

(B) Intermediate certificate - six hundred dollars ($600) annually;

(C) Advanced certificate - nine hundred dollars ($900) annually; and

(D) Senior certificate - one thousand two hundred dollars ($1,200) annually.

(2) Payment of additional salary payments may be made monthly, quarterly, semiannually, or annually depending upon the availability of revenues and shall be restricted to the following classifications: (A) State Capitol Police Chief; (B) State Capitol Police Assistant Chief; (C) State Capitol Police sergeant; and (D) State Capitol Police corporal.

(A) State Capitol Police Chief;

(B) State Capitol Police Assistant Chief;

(C) State Capitol Police sergeant; and

(D) State Capitol Police corporal.

(d) (1) Payments made under this section which are awarded as partial or lump-sum payments shall not be considered as salary for purposes of retirement benefits but shall be subject to withholding of all applicable federal and state taxes. (2) Payments made under this section shall not be construed as exceeding the maximum annual salary of the employee.

(1) Payments made under this section which are awarded as partial or lump-sum payments shall not be considered as salary for purposes of retirement benefits but shall be subject to withholding of all applicable federal and state taxes.

(2) Payments made under this section shall not be construed as exceeding the maximum annual salary of the employee.

Acts 1997, No. 976, § 18; 2005, No. 167, § 3.
Ark. Code Ann. § 12-49-101 — AR Code / Title 12 / Chapter 49 / Subchapter 1 / Section 12-49-101
Title
Status: in_force

This subchapter may be cited as the "Interstate Corrections Compact". Acts 1973, No. 315, § 1; A.S.A. 1947, § 46-1401.

This subchapter may be cited as the "Interstate Corrections Compact".

Acts 1973, No. 315, § 1; A.S.A. 1947, § 46-1401.
Ark. Code Ann. § 12-61-110 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-110
Property and finance officer
Status: in_force

(a) After consulting with the Adjutant General, the Governor shall appoint, designate, and detail, subject to the approval of the Secretary of the Army and confirmation by the Senate, an officer of the National Guard as the property and finance officer for the United States. (b) He or she shall be a citizen of the United States, a resident of Arkansas, and shall have served on the active list as a commissioned officer of either the Army, Navy, Marine Corps, Air Force, or the National Guard of this state. (c) He or she shall receive and account for all funds and property belonging to the United States in possession of the Arkansas National Guard and shall make such disbursements, returns, and reports as may be required by the Secretary of the Army. (d) Before entering upon the performance of his or her duties, he or she shall be required to give good and sufficient bond to the United States in an amount determined by the Secretary of the Army for the faithful performance of his or her duties and for the safekeeping and proper disposition of the federal property and funds entrusted to him or her. Amended by Act 2015, No. 1100,§ 9, eff. 7/22/2015. Acts 1969, No. 50, § 14; A.S.A. 1947, § 11-114.

(a) After consulting with the Adjutant General, the Governor shall appoint, designate, and detail, subject to the approval of the Secretary of the Army and confirmation by the Senate, an officer of the National Guard as the property and finance officer for the United States.

(b) He or she shall be a citizen of the United States, a resident of Arkansas, and shall have served on the active list as a commissioned officer of either the Army, Navy, Marine Corps, Air Force, or the National Guard of this state.

(c) He or she shall receive and account for all funds and property belonging to the United States in possession of the Arkansas National Guard and shall make such disbursements, returns, and reports as may be required by the Secretary of the Army.

(d) Before entering upon the performance of his or her duties, he or she shall be required to give good and sufficient bond to the United States in an amount determined by the Secretary of the Army for the faithful performance of his or her duties and for the safekeeping and proper disposition of the federal property and funds entrusted to him or her.

Amended by Act 2015, No. 1100,§ 9, eff. 7/22/2015.

Acts 1969, No. 50, § 14; A.S.A. 1947, § 11-114.
Ark. Code Ann. § 12-64-606 — AR Code / Title 12 / Chapter 64 / Subchapter 6 / Section 12-64-606
Execution of confinement
Status: in_force

(a) A sentence of confinement adjudged by a military court, whether or not the sentence includes a discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the organized militia or in any jail, penitentiary, or prison designated for that purpose. (b) Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of any political subdivision thereof. (c) The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment. (d) The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the Governor, or by such person as he or she may authorize shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. Acts 1969, No. 50, § 104; A.S.A. 1947, § 11-659.

(a) A sentence of confinement adjudged by a military court, whether or not the sentence includes a discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the organized militia or in any jail, penitentiary, or prison designated for that purpose.

(b) Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of any political subdivision thereof.

(c) The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.

(d) The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the Governor, or by such person as he or she may authorize shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law.

Acts 1969, No. 50, § 104; A.S.A. 1947, § 11-659.
Ark. Code Ann. § 12-41-719 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-719
Repayment of debt
Status: in_force

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 jail board or any public facilities board operating, owning, or administering a jail facility. Acts 2003, No. 1772, § 4.

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 jail board or any public facilities board operating, owning, or administering a jail facility.

Acts 2003, No. 1772, § 4.
Ark. Code Ann. § 12-18-612 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-612
Criminal background check
Status: in_force

(a) The person conducting an investigation under this chapter shall have the right to obtain a criminal background check, including a fingerprint-based check in any national crime information database, on any subject of the report. (b) The results of the criminal background check shall not be disclosed outside of the Department of Human Services and the Department of Arkansas State Police except as permitted under this chapter. Amended by Act 2015, No. 1004,§ 14, eff. 7/22/2015. Acts 2009, No. 749, § 1.

(a) The person conducting an investigation under this chapter shall have the right to obtain a criminal background check, including a fingerprint-based check in any national crime information database, on any subject of the report.

(b) The results of the criminal background check shall not be disclosed outside of the Department of Human Services and the Department of Arkansas State Police except as permitted under this chapter.

Amended by Act 2015, No. 1004,§ 14, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-12-1111 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1111
Procedures for conduct, disposition, and use of DNA analysis
Status: in_force

(a) (1) The State Crime Laboratory shall adopt rules governing the procedures to be used in the submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted under this subchapter. (2) These procedures shall also include quality assurance guidelines to ensure that DNA identification records meet standards for laboratories which submit DNA records to the State DNA Data Base. (b) The typing results of DNA samples shall be securely stored in the data base, and records of testing shall be retained on file with the State Crime Laboratory consistent with the procedures established by the Federal Bureau of Investigation. (c) (1) Except as otherwise provided in § 12-12-1112 , the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes or to assist in the recovery or identification of human remains from disasters or for other humanitarian identification purposes, including identification of missing persons. (2) The results of the analysis conducted pursuant to this subchapter from a person adjudicated delinquent may be used for any law enforcement agency identification purpose, including adult prosecution. (3) The detention, arrest, or conviction of a person based on a data-base match or data-base information is not invalidated if the DNA sample was obtained or placed in the data base by mistake. (d) (1) The State Crime Laboratory is authorized to contract with third parties for purposes of this subchapter. (2) Any third party contracting to carry out the functions of this subchapter shall be subject to the same restrictions and requirements of this subchapter, insofar as applicable, as the State Crime Laboratory as well as any additional restrictions imposed by the State Crime Laboratory. Acts 1997, No. 737, § 11; 2003, No. 1470, § 4.

(a) (1) The State Crime Laboratory shall adopt rules governing the procedures to be used in the submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted under this subchapter. (2) These procedures shall also include quality assurance guidelines to ensure that DNA identification records meet standards for laboratories which submit DNA records to the State DNA Data Base.

(1) The State Crime Laboratory shall adopt rules governing the procedures to be used in the submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted under this subchapter.

(2) These procedures shall also include quality assurance guidelines to ensure that DNA identification records meet standards for laboratories which submit DNA records to the State DNA Data Base.

(b) The typing results of DNA samples shall be securely stored in the data base, and records of testing shall be retained on file with the State Crime Laboratory consistent with the procedures established by the Federal Bureau of Investigation.

(c) (1) Except as otherwise provided in § 12-12-1112 , the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes or to assist in the recovery or identification of human remains from disasters or for other humanitarian identification purposes, including identification of missing persons. (2) The results of the analysis conducted pursuant to this subchapter from a person adjudicated delinquent may be used for any law enforcement agency identification purpose, including adult prosecution. (3) The detention, arrest, or conviction of a person based on a data-base match or data-base information is not invalidated if the DNA sample was obtained or placed in the data base by mistake.

(1) Except as otherwise provided in § 12-12-1112 , the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes or to assist in the recovery or identification of human remains from disasters or for other humanitarian identification purposes, including identification of missing persons.

(2) The results of the analysis conducted pursuant to this subchapter from a person adjudicated delinquent may be used for any law enforcement agency identification purpose, including adult prosecution.

(3) The detention, arrest, or conviction of a person based on a data-base match or data-base information is not invalidated if the DNA sample was obtained or placed in the data base by mistake.

(d) (1) The State Crime Laboratory is authorized to contract with third parties for purposes of this subchapter. (2) Any third party contracting to carry out the functions of this subchapter shall be subject to the same restrictions and requirements of this subchapter, insofar as applicable, as the State Crime Laboratory as well as any additional restrictions imposed by the State Crime Laboratory.

(1) The State Crime Laboratory is authorized to contract with third parties for purposes of this subchapter.

(2) Any third party contracting to carry out the functions of this subchapter shall be subject to the same restrictions and requirements of this subchapter, insofar as applicable, as the State Crime Laboratory as well as any additional restrictions imposed by the State Crime Laboratory.

Acts 1997, No. 737, § 11; 2003, No. 1470, § 4.
Ark. Code Ann. § 12-14-103 — AR Code / Title 12 / Chapter 14 / Section 12-14-103
Rules
Status: in_force

The Secretary of State is hereby authorized and empowered to promulgate rules, and to amend or change the same from time to time as he or she shall deem necessary, providing for the operation and organization of the State Capitol Police, so long as such rules are not arbitrary or capricious. Amended by Act 2019, No. 315,§ 875, eff. 7/24/2019. Acts 1989, No. 468, § 1.

The Secretary of State is hereby authorized and empowered to promulgate rules, and to amend or change the same from time to time as he or she shall deem necessary, providing for the operation and organization of the State Capitol Police, so long as such rules are not arbitrary or capricious.

Amended by Act 2019, No. 315,§ 875, eff. 7/24/2019.

Acts 1989, No. 468, § 1.
Ark. Code Ann. § 12-18-1001 — AR Code / Title 12 / Chapter 18 / Subchapter 10 / Section 12-18-1001
Protective custody generally
Status: in_force

(a) A police officer, law enforcement, a juvenile division of circuit court judge during juvenile proceedings concerning the child or a sibling of the child, or a designated employee of the Department of Human Services may take a child into custody or any person in charge of a hospital or similar institution or any physician treating a child may keep that child in his or her custody without the consent of the parent or the guardian, whether or not additional medical treatment is required, if: (1) The child is subjected to neglect as defined under § 12-18-103(14)(B) and the department assesses the family and determines that the newborn and any other children, including siblings, under the custody or care of the mother are at substantial risk of serious harm such that the children need to be removed from the custody or care of the mother; (2) The child is dependent as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; or (3) Circumstances or conditions of the child are such that continuing in his or her place of residence or in the care and custody of the parent, guardian, custodian, or caretaker presents an immediate danger to the health or physical well-being of the child. (b) However, custody shall not exceed seventy-two (72) hours except in the event that the expiration of seventy-two (72) hours falls on a weekend or holiday, in which case custody may be extended to the end of the next business day following the weekend or holiday. (c) If the department assesses the health and safety of a child and determines that there is an immediate danger to the health or physical well-being of the child in the care, custody, or control of the legal parent, guardian, or custodian, the department shall place the child into protective custody and shall not direct or allow the legal parent, guardian, or custodian to place the child in the care, custody, or control of another person. (d) (1) If the department assesses the health and safety of a child and determines that the child cannot safely remain in the care, custody, or control of the legal parent, guardian, or custodian without the implementation of an immediate safety plan, the department may implement an immediate safety plan that allows the child to remain in his or her place of residence and includes services to address the safety of the child. (2) (A) If an immediate safety plan is implemented under subdivision (d)(1) of this section, then the department shall reassess the health and safety of the child within thirty (30) days of the date on which the immediate safety plan was implemented. (B) If the department determines that a substantial risk of serious harm to the health and safety of the child remains after a reassessment under subdivision (d)(2)(A) of this section is performed, then the department shall file a petition for dependency-neglect. (3) This subsection does not apply if the parent, guardian, or custodian is not the alleged offender and the parent, guardian, or custodian is not alleged to have failed to protect the child. (e) If protective custody is taken by a juvenile division circuit court judge during juvenile proceedings concerning the child or a sibling of the child, the court shall: (1) Appoint a dependency-neglect attorney ad litem for the child or children for whom protective custody was taken; and (2) Designate a member of the court's staff, a party to the juvenile case, or a juvenile officer to immediately provide a copy of the order of appointment and all relevant information from the juvenile case to the attorney ad litem appointed by the court. (f) The department shall: (1) Assume custody of every child who is taken into custody under this subchapter; (2) Assess the health and safety of each child who is taken into custody under this subchapter to determine whether to continue or release custody of the child; (3) Release custody of a child who is taken into custody under this subchapter if the department determines that custody is no longer required under this section; and (4) Notify the circuit court if the department releases custody of a child whom the circuit court has taken into custody under this subchapter. Amended by Act 2023, No. 364,§ 17, eff. 8/1/2023. Amended by Act 2019, No. 531,§ 6, eff. 7/24/2019. Amended by Act 2017, No. 963,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1017,§ 16, eff. 7/22/2015. Amended by Act 2015, No. 1017,§ 15, eff. 7/22/2015. Acts 2009, No. 749, § 1; 2011, No. 1143, § 25.

(a) A police officer, law enforcement, a juvenile division of circuit court judge during juvenile proceedings concerning the child or a sibling of the child, or a designated employee of the Department of Human Services may take a child into custody or any person in charge of a hospital or similar institution or any physician treating a child may keep that child in his or her custody without the consent of the parent or the guardian, whether or not additional medical treatment is required, if: (1) The child is subjected to neglect as defined under § 12-18-103(14)(B) and the department assesses the family and determines that the newborn and any other children, including siblings, under the custody or care of the mother are at substantial risk of serious harm such that the children need to be removed from the custody or care of the mother; (2) The child is dependent as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; or (3) Circumstances or conditions of the child are such that continuing in his or her place of residence or in the care and custody of the parent, guardian, custodian, or caretaker presents an immediate danger to the health or physical well-being of the child.

(1) The child is subjected to neglect as defined under § 12-18-103(14)(B) and the department assesses the family and determines that the newborn and any other children, including siblings, under the custody or care of the mother are at substantial risk of serious harm such that the children need to be removed from the custody or care of the mother;

(2) The child is dependent as defined in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; or

(3) Circumstances or conditions of the child are such that continuing in his or her place of residence or in the care and custody of the parent, guardian, custodian, or caretaker presents an immediate danger to the health or physical well-being of the child.

(b) However, custody shall not exceed seventy-two (72) hours except in the event that the expiration of seventy-two (72) hours falls on a weekend or holiday, in which case custody may be extended to the end of the next business day following the weekend or holiday.

(c) If the department assesses the health and safety of a child and determines that there is an immediate danger to the health or physical well-being of the child in the care, custody, or control of the legal parent, guardian, or custodian, the department shall place the child into protective custody and shall not direct or allow the legal parent, guardian, or custodian to place the child in the care, custody, or control of another person.

(d) (1) If the department assesses the health and safety of a child and determines that the child cannot safely remain in the care, custody, or control of the legal parent, guardian, or custodian without the implementation of an immediate safety plan, the department may implement an immediate safety plan that allows the child to remain in his or her place of residence and includes services to address the safety of the child. (2) (A) If an immediate safety plan is implemented under subdivision (d)(1) of this section, then the department shall reassess the health and safety of the child within thirty (30) days of the date on which the immediate safety plan was implemented. (B) If the department determines that a substantial risk of serious harm to the health and safety of the child remains after a reassessment under subdivision (d)(2)(A) of this section is performed, then the department shall file a petition for dependency-neglect. (3) This subsection does not apply if the parent, guardian, or custodian is not the alleged offender and the parent, guardian, or custodian is not alleged to have failed to protect the child.

(1) If the department assesses the health and safety of a child and determines that the child cannot safely remain in the care, custody, or control of the legal parent, guardian, or custodian without the implementation of an immediate safety plan, the department may implement an immediate safety plan that allows the child to remain in his or her place of residence and includes services to address the safety of the child.

(2) (A) If an immediate safety plan is implemented under subdivision (d)(1) of this section, then the department shall reassess the health and safety of the child within thirty (30) days of the date on which the immediate safety plan was implemented. (B) If the department determines that a substantial risk of serious harm to the health and safety of the child remains after a reassessment under subdivision (d)(2)(A) of this section is performed, then the department shall file a petition for dependency-neglect.

(A) If an immediate safety plan is implemented under subdivision (d)(1) of this section, then the department shall reassess the health and safety of the child within thirty (30) days of the date on which the immediate safety plan was implemented.

(B) If the department determines that a substantial risk of serious harm to the health and safety of the child remains after a reassessment under subdivision (d)(2)(A) of this section is performed, then the department shall file a petition for dependency-neglect.

(3) This subsection does not apply if the parent, guardian, or custodian is not the alleged offender and the parent, guardian, or custodian is not alleged to have failed to protect the child.

(e) If protective custody is taken by a juvenile division circuit court judge during juvenile proceedings concerning the child or a sibling of the child, the court shall: (1) Appoint a dependency-neglect attorney ad litem for the child or children for whom protective custody was taken; and (2) Designate a member of the court's staff, a party to the juvenile case, or a juvenile officer to immediately provide a copy of the order of appointment and all relevant information from the juvenile case to the attorney ad litem appointed by the court.

(1) Appoint a dependency-neglect attorney ad litem for the child or children for whom protective custody was taken; and

(2) Designate a member of the court's staff, a party to the juvenile case, or a juvenile officer to immediately provide a copy of the order of appointment and all relevant information from the juvenile case to the attorney ad litem appointed by the court.

(f) The department shall: (1) Assume custody of every child who is taken into custody under this subchapter; (2) Assess the health and safety of each child who is taken into custody under this subchapter to determine whether to continue or release custody of the child; (3) Release custody of a child who is taken into custody under this subchapter if the department determines that custody is no longer required under this section; and (4) Notify the circuit court if the department releases custody of a child whom the circuit court has taken into custody under this subchapter.

(1) Assume custody of every child who is taken into custody under this subchapter;

(2) Assess the health and safety of each child who is taken into custody under this subchapter to determine whether to continue or release custody of the child;

(3) Release custody of a child who is taken into custody under this subchapter if the department determines that custody is no longer required under this section; and

(4) Notify the circuit court if the department releases custody of a child whom the circuit court has taken into custody under this subchapter.

Amended by Act 2023, No. 364,§ 17, eff. 8/1/2023.

Amended by Act 2019, No. 531,§ 6, eff. 7/24/2019.

Amended by Act 2017, No. 963,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1017,§ 16, eff. 7/22/2015.

Amended by Act 2015, No. 1017,§ 15, eff. 7/22/2015.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 25.
Ark. Code Ann. § 12-75-121 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-121
Utilization of existing services and facilities
Status: in_force

(a) In carrying out the provisions of this chapter, the Governor and the chief executives or designees of the political subdivisions of the state are directed to utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable. (b) The officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the Governor and to the emergency management organization of the state upon request. Acts 1973, No. 511, § 19; A.S.A. 1947, § 11-1952; Acts 2007, No. 197, § 15.

(a) In carrying out the provisions of this chapter, the Governor and the chief executives or designees of the political subdivisions of the state are directed to utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable.

(b) The officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the Governor and to the emergency management organization of the state upon request.

Acts 1973, No. 511, § 19; A.S.A. 1947, § 11-1952; Acts 2007, No. 197, § 15.
Ark. Code Ann. § 12-64-712 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-712
Petition for a new trial
Status: in_force

At any time within two (2) years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or bad-conduct discharge, the accused may petition the Governor for a new trial on ground of newly discovered evidence or fraud on the court-martial. Acts 1969, No. 50, § 115; A.S.A. 1947, § 11-670.

At any time within two (2) years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or bad-conduct discharge, the accused may petition the Governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.

Acts 1969, No. 50, § 115; A.S.A. 1947, § 11-670.
Ark. Code Ann. § 12-9-303 — AR Code / Title 12 / Chapter 9 / Subchapter 3 / Section 12-9-303
Authority of officers
Status: in_force

(a) An auxiliary law enforcement officer shall have the authority of a police officer as set forth by statutes of this state when the auxiliary law enforcement officer is performing an assigned duty and is under the direct supervision of a full-time certified law enforcement officer. (b) When not performing an assigned duty and when not working under the direct supervision of a full-time certified law enforcement officer, an auxiliary law enforcement officer shall have no authority other than that of a private citizen. (c) An auxiliary law enforcement officer, when not working under the direct supervision of a full-time certified law enforcement officer, may perform tasks such as traffic direction, parade functions, etc., that are clearly not law enforcement functions and are assigned by the law enforcement agency. (d) Nothing in this subchapter shall be construed as defining an auxiliary law enforcement officer as a full-time certified law enforcement officer, a part-time certified law enforcement officer, or a specialized certified officer as defined by §§ 12-9-101 , 12-9-102 , 12-9-104 - 12-9-109 , and the Arkansas Commission on Law Enforcement Standards and Training. Acts 1983, No. 757, § 5; A.S.A. 1947, § 42-1405.

(a) An auxiliary law enforcement officer shall have the authority of a police officer as set forth by statutes of this state when the auxiliary law enforcement officer is performing an assigned duty and is under the direct supervision of a full-time certified law enforcement officer.

(b) When not performing an assigned duty and when not working under the direct supervision of a full-time certified law enforcement officer, an auxiliary law enforcement officer shall have no authority other than that of a private citizen.

(c) An auxiliary law enforcement officer, when not working under the direct supervision of a full-time certified law enforcement officer, may perform tasks such as traffic direction, parade functions, etc., that are clearly not law enforcement functions and are assigned by the law enforcement agency.

(d) Nothing in this subchapter shall be construed as defining an auxiliary law enforcement officer as a full-time certified law enforcement officer, a part-time certified law enforcement officer, or a specialized certified officer as defined by §§ 12-9-101 , 12-9-102 , 12-9-104 - 12-9-109 , and the Arkansas Commission on Law Enforcement Standards and Training.

Acts 1983, No. 757, § 5; A.S.A. 1947, § 42-1405.
Ark. Code Ann. § 12-6-401 — AR Code / Title 12 / Chapter 6 / Subchapter 4 / Section 12-6-401
Smoking in patrol vehicles prohibited
Status: in_force

Each county sheriff's office and police department of a municipality may designate a proportionate number of its patrol vehicles as "nonsmoking" vehicles and shall not allow smoking of tobacco products in those vehicles. Acts 2001, No. 1392, § 1.

Each county sheriff's office and police department of a municipality may designate a proportionate number of its patrol vehicles as "nonsmoking" vehicles and shall not allow smoking of tobacco products in those vehicles.

Acts 2001, No. 1392, § 1.
Ark. Code Ann. § 12-63-301 — AR Code / Title 12 / Chapter 63 / Subchapter 3 / Section 12-63-301
Purchase and construction
Status: in_force

(a) The Adjutant General is given authority to purchase or construct armories, landing fields, or hangars, in the name of the State of Arkansas for the use and benefit of the Arkansas National Guard, at a place or places in the state as he or she may deem proper. (b) To enable the Adjutant General to carry into effect the power and authority conferred upon him or her, he or she is given authority to sign rental contracts, employ professional assistance, execute construction contracts and contracts of purchase, and take deeds and contracts of purchase or donations of property for the purposes herein specified in the name of the State of Arkansas for the use and benefit of the Arkansas National Guard. (c) Authority is granted the Adjutant General, the Treasurer of State, or other appropriate state officer to accept any federal grants or funds which are now or which may hereafter be available for the construction of armories or facilities in this state. Acts 1969, No. 50, §§ 177, 181; A.S.A. 1947, §§ 11-801, 11-805.

(a) The Adjutant General is given authority to purchase or construct armories, landing fields, or hangars, in the name of the State of Arkansas for the use and benefit of the Arkansas National Guard, at a place or places in the state as he or she may deem proper.

(b) To enable the Adjutant General to carry into effect the power and authority conferred upon him or her, he or she is given authority to sign rental contracts, employ professional assistance, execute construction contracts and contracts of purchase, and take deeds and contracts of purchase or donations of property for the purposes herein specified in the name of the State of Arkansas for the use and benefit of the Arkansas National Guard.

(c) Authority is granted the Adjutant General, the Treasurer of State, or other appropriate state officer to accept any federal grants or funds which are now or which may hereafter be available for the construction of armories or facilities in this state.

Acts 1969, No. 50, §§ 177, 181; A.S.A. 1947, §§ 11-801, 11-805.
Ark. Code Ann. § 12-12-105 — AR Code / Title 12 / Chapter 12 / Subchapter 1 / Section 12-12-105
Controlled substance laboratory seizure reports
Status: in_force

(a) Each state and local law enforcement agency shall electronically file a report on the form provided and required by the El Paso Intelligence Center of the United States Drug Enforcement Administration with the Arkansas Crime Information Center within ten (10) days of the agency's seizure of: (1) Drug paraphernalia or drug precursors that could be utilized in the manufacture of a controlled substance; or (2) Any laboratory reasonably believed to: (A) Have been utilized in the illegal manufacture of a controlled substance; (B) Be currently utilized in the illegal manufacture of a controlled substance; or (C) Be intended for utilization in the illegal manufacture of a controlled substance. (b) The report described in subsection (a) of this section shall be on the form provided and required by the El Paso Intelligence Center of the United States Drug Enforcement Administration and shall contain any additional information required by the Arkansas Drug Director. (c) (1) The Arkansas Crime Information Center shall forward the report described in subsection (a) of this section to the El Paso Intelligence Center of the United States Drug Enforcement Administration and other law enforcement or criminal justice agencies designated by the Arkansas Drug Director. (2) The Arkansas Drug Director shall promulgate rules regarding the distribution of the reports and statistics generated in accordance with the requirements of this section. (d) (1) The Director of the State Crime Laboratory shall catalogue the number of controlled substance laboratories reported to the State Crime Laboratory through evidence submission. (2) For each reported controlled substance laboratory, the Director of the State Crime Laboratory shall record the: (A) Judicial district where the controlled substance laboratory was located; (B) Date of seizure of the controlled substance laboratory; and (C) Name of the seizing law enforcement agency. (e) (1) On March 31, June 30, September 30, and December 31 of each year after August 12, 2005, the Arkansas Drug Director shall compare the number of reports made to him or her under subsection (a) of this section with the number of reports made to the State Crime Laboratory under subsection (d) of this section. (2) Any discrepancy in the number of reports described in subdivision (e)(1) of this section shall be recorded by the Arkansas Drug Director. (3) The Arkansas Drug Director shall request completion of a reporting form by any law enforcement agency in the state that has failed to comply with a requirement of subsection (a) of this section. (f) The failure of any law enforcement agency to comply with a requirement of this section may be considered by a state board or agency as a factor for the withholding of awards or grant moneys or other funds that relate to controlled substance enforcement. Amended by Act 2019, No. 910,§ 5839, eff. 7/1/2019. Acts 2005, No. 1873, § 1.

(a) Each state and local law enforcement agency shall electronically file a report on the form provided and required by the El Paso Intelligence Center of the United States Drug Enforcement Administration with the Arkansas Crime Information Center within ten (10) days of the agency's seizure of: (1) Drug paraphernalia or drug precursors that could be utilized in the manufacture of a controlled substance; or (2) Any laboratory reasonably believed to: (A) Have been utilized in the illegal manufacture of a controlled substance; (B) Be currently utilized in the illegal manufacture of a controlled substance; or (C) Be intended for utilization in the illegal manufacture of a controlled substance.

(1) Drug paraphernalia or drug precursors that could be utilized in the manufacture of a controlled substance; or

(2) Any laboratory reasonably believed to: (A) Have been utilized in the illegal manufacture of a controlled substance; (B) Be currently utilized in the illegal manufacture of a controlled substance; or (C) Be intended for utilization in the illegal manufacture of a controlled substance.

(A) Have been utilized in the illegal manufacture of a controlled substance;

(B) Be currently utilized in the illegal manufacture of a controlled substance; or

(C) Be intended for utilization in the illegal manufacture of a controlled substance.

(b) The report described in subsection (a) of this section shall be on the form provided and required by the El Paso Intelligence Center of the United States Drug Enforcement Administration and shall contain any additional information required by the Arkansas Drug Director.

(c) (1) The Arkansas Crime Information Center shall forward the report described in subsection (a) of this section to the El Paso Intelligence Center of the United States Drug Enforcement Administration and other law enforcement or criminal justice agencies designated by the Arkansas Drug Director. (2) The Arkansas Drug Director shall promulgate rules regarding the distribution of the reports and statistics generated in accordance with the requirements of this section.

(1) The Arkansas Crime Information Center shall forward the report described in subsection (a) of this section to the El Paso Intelligence Center of the United States Drug Enforcement Administration and other law enforcement or criminal justice agencies designated by the Arkansas Drug Director.

(2) The Arkansas Drug Director shall promulgate rules regarding the distribution of the reports and statistics generated in accordance with the requirements of this section.

(d) (1) The Director of the State Crime Laboratory shall catalogue the number of controlled substance laboratories reported to the State Crime Laboratory through evidence submission. (2) For each reported controlled substance laboratory, the Director of the State Crime Laboratory shall record the: (A) Judicial district where the controlled substance laboratory was located; (B) Date of seizure of the controlled substance laboratory; and (C) Name of the seizing law enforcement agency.

(1) The Director of the State Crime Laboratory shall catalogue the number of controlled substance laboratories reported to the State Crime Laboratory through evidence submission.

(2) For each reported controlled substance laboratory, the Director of the State Crime Laboratory shall record the: (A) Judicial district where the controlled substance laboratory was located; (B) Date of seizure of the controlled substance laboratory; and (C) Name of the seizing law enforcement agency.

(A) Judicial district where the controlled substance laboratory was located;

(B) Date of seizure of the controlled substance laboratory; and

(C) Name of the seizing law enforcement agency.

(e) (1) On March 31, June 30, September 30, and December 31 of each year after August 12, 2005, the Arkansas Drug Director shall compare the number of reports made to him or her under subsection (a) of this section with the number of reports made to the State Crime Laboratory under subsection (d) of this section. (2) Any discrepancy in the number of reports described in subdivision (e)(1) of this section shall be recorded by the Arkansas Drug Director. (3) The Arkansas Drug Director shall request completion of a reporting form by any law enforcement agency in the state that has failed to comply with a requirement of subsection (a) of this section.

(1) On March 31, June 30, September 30, and December 31 of each year after August 12, 2005, the Arkansas Drug Director shall compare the number of reports made to him or her under subsection (a) of this section with the number of reports made to the State Crime Laboratory under subsection (d) of this section.

(2) Any discrepancy in the number of reports described in subdivision (e)(1) of this section shall be recorded by the Arkansas Drug Director.

(3) The Arkansas Drug Director shall request completion of a reporting form by any law enforcement agency in the state that has failed to comply with a requirement of subsection (a) of this section.

(f) The failure of any law enforcement agency to comply with a requirement of this section may be considered by a state board or agency as a factor for the withholding of awards or grant moneys or other funds that relate to controlled substance enforcement.

Amended by Act 2019, No. 910,§ 5839, eff. 7/1/2019.

Acts 2005, No. 1873, § 1.
Ark. Code Ann. § 12-29-306 — AR Code / Title 12 / Chapter 29 / Subchapter 3 / Section 12-29-306
[Repealed]
Status: repealed

Repealed by Act 2021, No. 497,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 800, eff. 7/1/2019. Acts 1985, No. 288, § 4; A.S.A. 1947, § 46-1307; Acts 2005, No. 496, § 4.

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

Amended by Act 2019, No. 910,§ 800, eff. 7/1/2019.

Acts 1985, No. 288, § 4; A.S.A. 1947, § 46-1307; Acts 2005, No. 496, § 4.
Ark. Code Ann. § 12-18-903 — AR Code / Title 12 / Chapter 18 / Subchapter 9 / Section 12-18-903
Placement in the Child Maltreatment Central Registry
Status: in_force

(a) An offender's name shall be placed in the Child Maltreatment Central Registry if: (1) After notice, the offender eighteen (18) years of age or older at the time the act or omission occurred does not timely request an administrative hearing; (2) The alleged offender was a child at the time of the act or omission and the child or his or her legal parent or legal guardian waived the administrative hearing; (3) The administrative law judge upheld the investigative determination of true pursuant to a preliminary administrative hearing; or (4) Upon completion of the administrative hearing process, the Department of Human Services' or Division of Arkansas State Police's investigative determination of true is upheld. (b) In addition to the requirements of subsection (a) of this section, the name of an offender shall be placed on the Child Maltreatment Central Registry only if the Department of Human Services determines under § 12-18-702 that the offender may pose a risk of maltreatment to a vulnerable population that includes without limitation children, the elderly, persons with a disability, and persons with a mental health illness. Amended by Act 2019, No. 802,§ 8, eff. 7/24/2019. Acts 2009, No. 749, § 1.

(a) An offender's name shall be placed in the Child Maltreatment Central Registry if: (1) After notice, the offender eighteen (18) years of age or older at the time the act or omission occurred does not timely request an administrative hearing; (2) The alleged offender was a child at the time of the act or omission and the child or his or her legal parent or legal guardian waived the administrative hearing; (3) The administrative law judge upheld the investigative determination of true pursuant to a preliminary administrative hearing; or (4) Upon completion of the administrative hearing process, the Department of Human Services' or Division of Arkansas State Police's investigative determination of true is upheld.

(1) After notice, the offender eighteen (18) years of age or older at the time the act or omission occurred does not timely request an administrative hearing;

(2) The alleged offender was a child at the time of the act or omission and the child or his or her legal parent or legal guardian waived the administrative hearing;

(3) The administrative law judge upheld the investigative determination of true pursuant to a preliminary administrative hearing; or

(4) Upon completion of the administrative hearing process, the Department of Human Services' or Division of Arkansas State Police's investigative determination of true is upheld.

(b) In addition to the requirements of subsection (a) of this section, the name of an offender shall be placed on the Child Maltreatment Central Registry only if the Department of Human Services determines under § 12-18-702 that the offender may pose a risk of maltreatment to a vulnerable population that includes without limitation children, the elderly, persons with a disability, and persons with a mental health illness.

Amended by Act 2019, No. 802,§ 8, eff. 7/24/2019.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-12-1902 — AR Code / Title 12 / Chapter 12 / Subchapter 19 / Section 12-12-1902
Commercial mobile radio service or internet service provider to provide information upon request
Status: in_force

(a) Upon request of a law enforcement agency, a commercial mobile radio service provider shall provide location information of a wireless telecommunications device and an internet service provider shall provide geolocation information of an internet protocol (IP) address to the law enforcement agency, in the most expeditious manner reasonably available to the internet service provider, in order that the law enforcement agency may respond to a call for emergency services or to an emergency situation that involves the risk of death or serious physical harm. (b) This section does not prohibit a commercial mobile radio service provider or an internet service provider from establishing protocols by which the commercial mobile radio service provider or the internet service provider may voluntarily disclose location information or geolocation information. (c) Within five (5) days of providing location information or geolocation information to a requesting law enforcement agency, a commercial mobile radio service provider or an internet service provider that supplied the law enforcement agency with location information or geolocation information under this subchapter may request, and the law enforcement agency shall provide, the court order, subpoena, or search warrant, as applicable, outlining the request made and the actions taken by the law enforcement agency. Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019. Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.

(a) Upon request of a law enforcement agency, a commercial mobile radio service provider shall provide location information of a wireless telecommunications device and an internet service provider shall provide geolocation information of an internet protocol (IP) address to the law enforcement agency, in the most expeditious manner reasonably available to the internet service provider, in order that the law enforcement agency may respond to a call for emergency services or to an emergency situation that involves the risk of death or serious physical harm.

(b) This section does not prohibit a commercial mobile radio service provider or an internet service provider from establishing protocols by which the commercial mobile radio service provider or the internet service provider may voluntarily disclose location information or geolocation information.

(c) Within five (5) days of providing location information or geolocation information to a requesting law enforcement agency, a commercial mobile radio service provider or an internet service provider that supplied the law enforcement agency with location information or geolocation information under this subchapter may request, and the law enforcement agency shall provide, the court order, subpoena, or search warrant, as applicable, outlining the request made and the actions taken by the law enforcement agency.

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

Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 12-12-102 — AR Code / Title 12 / Chapter 12 / Subchapter 1 / Section 12-12-102
Authority to investigate and arrest in contiguous county
Status: in_force

Upon receiving permission from the proper county sheriff, any law enforcement officer, acting within the official scope of his or her duty, may investigate and arrest any person violating any provision of the Uniform Controlled Substances Act, § 5-64-101 et seq., in any county contiguous to the county in which the county sheriff or law enforcement officer is employed. Acts 1985, No. 675, § 1; A.S.A. 1947, § 82-2625.2.

Upon receiving permission from the proper county sheriff, any law enforcement officer, acting within the official scope of his or her duty, may investigate and arrest any person violating any provision of the Uniform Controlled Substances Act, § 5-64-101 et seq., in any county contiguous to the county in which the county sheriff or law enforcement officer is employed.

Acts 1985, No. 675, § 1; A.S.A. 1947, § 82-2625.2.
Ark. Code Ann. § 12-29-804 — AR Code / Title 12 / Chapter 29 / Subchapter 8 / Section 12-29-804
Training and technical assistance
Status: in_force

(a) The Department of Corrections shall develop and provide to all department employees responsible for the care or custody of pregnant inmates training related to the physical and mental health of pregnant inmates and unborn children, including without limitation the: (1) General care of pregnant women; (2) Impact of restraints on pregnant inmates and unborn children; (3) Impact of being placed in restrictive housing on pregnant inmates; and (4) Impact of invasive searches on pregnant inmates. (b) The department shall develop and provide educational programming for pregnant inmates related to: (1) Prenatal care; (2) Pregnancy-specific hygiene; (3) Parenting skills; (4) The impact of alcohol and drugs on an unborn child; and (5) The general health of children. Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.

(a) The Department of Corrections shall develop and provide to all department employees responsible for the care or custody of pregnant inmates training related to the physical and mental health of pregnant inmates and unborn children, including without limitation the: (1) General care of pregnant women; (2) Impact of restraints on pregnant inmates and unborn children; (3) Impact of being placed in restrictive housing on pregnant inmates; and (4) Impact of invasive searches on pregnant inmates.

(1) General care of pregnant women;

(2) Impact of restraints on pregnant inmates and unborn children;

(3) Impact of being placed in restrictive housing on pregnant inmates; and

(4) Impact of invasive searches on pregnant inmates.

(b) The department shall develop and provide educational programming for pregnant inmates related to: (1) Prenatal care; (2) Pregnancy-specific hygiene; (3) Parenting skills; (4) The impact of alcohol and drugs on an unborn child; and (5) The general health of children.

(1) Prenatal care;

(2) Pregnancy-specific hygiene;

(3) Parenting skills;

(4) The impact of alcohol and drugs on an unborn child; and

(5) The general health of children.

Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.
Ark. Code Ann. § 12-29-408 — AR Code / Title 12 / Chapter 29 / Subchapter 4 / Section 12-29-408
Prostate screening and physician consultation - Definition
Status: in_force

(a) A correctional or detention facility operated or administered by the Department of Corrections shall establish a policy to offer a male inmate or detainee who is: (1) Fifty-five (55) years of age or older but younger than seventy (70) years of age a prostate screening every two (2) years; and (2) Forty (40) years of age or older but younger than fifty-five (55) years of age a consultation with a physician to seek professional care as to when to receive a prostate screening. (b) A prostate screening or consultation with a physician under this section shall be at no cost to the male inmate or detainee. (c) As used in this section, "prostate screening" means a prostate-specific antigen test. Added by Act 2021, No. 1107,§ 1, eff. 7/28/2021.

(a) A correctional or detention facility operated or administered by the Department of Corrections shall establish a policy to offer a male inmate or detainee who is: (1) Fifty-five (55) years of age or older but younger than seventy (70) years of age a prostate screening every two (2) years; and (2) Forty (40) years of age or older but younger than fifty-five (55) years of age a consultation with a physician to seek professional care as to when to receive a prostate screening.

(1) Fifty-five (55) years of age or older but younger than seventy (70) years of age a prostate screening every two (2) years; and

(2) Forty (40) years of age or older but younger than fifty-five (55) years of age a consultation with a physician to seek professional care as to when to receive a prostate screening.

(b) A prostate screening or consultation with a physician under this section shall be at no cost to the male inmate or detainee.

(c) As used in this section, "prostate screening" means a prostate-specific antigen test.

Added by Act 2021, No. 1107,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 12-12-1713 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1713
Immunity for investigation participants
Status: in_force

(a) Any person, official, or institution acting in good faith in the making of a report, the taking of a photograph, or the removal of a maltreated person under this subchapter shall have immunity from liability and suit for damages, civil or criminal, that otherwise might result by reason of those actions. (b) The good faith of any person required to report a case of adult maltreatment or long-term care facility resident maltreatment shall be presumed. Acts 2005, No. 1812, § 1.

(a) Any person, official, or institution acting in good faith in the making of a report, the taking of a photograph, or the removal of a maltreated person under this subchapter shall have immunity from liability and suit for damages, civil or criminal, that otherwise might result by reason of those actions.

(b) The good faith of any person required to report a case of adult maltreatment or long-term care facility resident maltreatment shall be presumed.

Acts 2005, No. 1812, § 1.
Ark. Code Ann. § 12-30-202 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-202
Legislative intent
Status: in_force

Whereas, the means now provided for the employment of prison labor are inadequate to furnish a sufficient number of prisoners with diversified employment, it is declared to be the intent of this subchapter: (1) To further provide more adequate, regular, and suitable employment for the prisoners of this state, consistent with proper penal purposes; (2) To further utilize the labor of prisoners for self-maintenance and for reimbursing this state for expenses incurred by reason of their crimes and imprisonment; and (3) To effect the requisitioning and disbursement of prison products directly through established state authorities with no possibility of private profits therefrom. Acts 1967, No. 473, § 1; A.S.A. 1947, § 46-234.

Whereas, the means now provided for the employment of prison labor are inadequate to furnish a sufficient number of prisoners with diversified employment, it is declared to be the intent of this subchapter:

(1) To further provide more adequate, regular, and suitable employment for the prisoners of this state, consistent with proper penal purposes;

(2) To further utilize the labor of prisoners for self-maintenance and for reimbursing this state for expenses incurred by reason of their crimes and imprisonment; and

(3) To effect the requisitioning and disbursement of prison products directly through established state authorities with no possibility of private profits therefrom.

Acts 1967, No. 473, § 1; A.S.A. 1947, § 46-234.
Ark. Code Ann. § 12-12-1004 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1004
Completeness and accuracy
Status: in_force

(a) The Arkansas Crime Information Center and the State Crime Laboratory shall implement procedures that will, to the maximum extent feasible, ensure the completeness and accuracy of all criminal history information in this state. (b) All criminal justice agencies and criminal justice officials shall maintain complete and accurate records, as may be appropriate to their area of operation, and shall report information from the records as required in §§ 12-12-1006 and 12-12-1007 . (c) The center shall maintain all information reported under this subchapter in a complete and permanent manner to ensure that records are not altered, unlawfully purged, or otherwise lost. (d) The State Crime Laboratory shall maintain all DNA samples or DNA records obtained under this subchapter in a complete and permanent manner to ensure that DNA samples or DNA records are not altered, unlawfully purged, or lost. Acts 1993, No. 1109, § 3; 2009, No. 974, § 5.

(a) The Arkansas Crime Information Center and the State Crime Laboratory shall implement procedures that will, to the maximum extent feasible, ensure the completeness and accuracy of all criminal history information in this state.

(b) All criminal justice agencies and criminal justice officials shall maintain complete and accurate records, as may be appropriate to their area of operation, and shall report information from the records as required in §§ 12-12-1006 and 12-12-1007 .

(c) The center shall maintain all information reported under this subchapter in a complete and permanent manner to ensure that records are not altered, unlawfully purged, or otherwise lost.

(d) The State Crime Laboratory shall maintain all DNA samples or DNA records obtained under this subchapter in a complete and permanent manner to ensure that DNA samples or DNA records are not altered, unlawfully purged, or lost.

Acts 1993, No. 1109, § 3; 2009, No. 974, § 5.
Ark. Code Ann. § 12-41-606 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-606
Bonds - Authority to issue
Status: in_force

The county jail board is authorized and empowered to issue bonds, at one (1) time or in series from time to time, and to use the proceeds thereof, together with any other funds, for financing the cost of construction or expansion of the county jail or jail facilities, together with all expenses incidental to and reasonably necessary in connection therewith, the expenses of the issuance of the bonds, the creating and maintenance of reserves to secure the payment of the bonds, if the board deems it necessary or desirable, and for providing for the payment of the interest on the bonds, if necessary or desirable, until sufficient funds are available therefor out of pledged revenues. Acts 1981, No. 879, § 6; A.S.A. 1947, § 46-434.

The county jail board is authorized and empowered to issue bonds, at one (1) time or in series from time to time, and to use the proceeds thereof, together with any other funds, for financing the cost of construction or expansion of the county jail or jail facilities, together with all expenses incidental to and reasonably necessary in connection therewith, the expenses of the issuance of the bonds, the creating and maintenance of reserves to secure the payment of the bonds, if the board deems it necessary or desirable, and for providing for the payment of the interest on the bonds, if necessary or desirable, until sufficient funds are available therefor out of pledged revenues.

Acts 1981, No. 879, § 6; A.S.A. 1947, § 46-434.
Ark. Code Ann. § 12-12-930 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-930
[Repealed]
Status: repealed

Repealed by Act 2023, No. 176,§ 3, eff. 8/1/2023. Added by Act 2021, No. 828,§ 1, eff. 7/28/2021.

Repealed by Act 2023, No. 176,§ 3, eff. 8/1/2023.

Added by Act 2021, No. 828,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 12-64-507 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-507
Service of charges
Status: in_force

(a) The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused, or the defense counsel, a copy of the charges upon which trial is to be held. (b) In time of peace, no person may, against his or her objection, be brought to trial before a general court-martial within a period of five (5) days after the service of the charges upon him or her or before a special court-martial within a period of three (3) days after the service of the charges upon him or her. Amended by Act 2019, No. 211,§ 15, eff. 2/26/2019. Acts 1969, No. 50, § 81; A.S.A. 1947, § 11-636.

(a) The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused, or the defense counsel, a copy of the charges upon which trial is to be held.

(b) In time of peace, no person may, against his or her objection, be brought to trial before a general court-martial within a period of five (5) days after the service of the charges upon him or her or before a special court-martial within a period of three (3) days after the service of the charges upon him or her.

Amended by Act 2019, No. 211,§ 15, eff. 2/26/2019.

Acts 1969, No. 50, § 81; A.S.A. 1947, § 11-636.
Ark. Code Ann. § 12-30-212 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-212
Auditor of State bound by voucher or warrant
Status: in_force

No voucher, certificate, or warrant issued on the Auditor of State by any office, department, institution, or agency shall be questioned by the Auditor of State or by the Treasurer of State on the grounds that this subchapter has not been complied with by the office, department, institution, or agency. Acts 1967, No. 473, § 6; A.S.A. 1947, § 46-239.

No voucher, certificate, or warrant issued on the Auditor of State by any office, department, institution, or agency shall be questioned by the Auditor of State or by the Treasurer of State on the grounds that this subchapter has not been complied with by the office, department, institution, or agency.

Acts 1967, No. 473, § 6; A.S.A. 1947, § 46-239.
Ark. Code Ann. § 12-62-302 — AR Code / Title 12 / Chapter 62 / Subchapter 3 / Section 12-62-302
Service on boards, commissions, and courts
Status: in_force

(a) Members of boards and commissions created by this code and all military personnel, detailed to serve on any board or commission ordered by the Governor, or under his or her authority by the commanding general of the National Guard, or on any court of inquiry, court-martial, or summary court, ordered by proper authority in pursuance of any provision of this code, shall be paid for each day actually employed in such board, commission, or court, or engaged in the business thereof, or in traveling to and from the same, and mileage necessarily traveled in going to and returning from such duty shall be allowed. (b) The pay shall be the same as for officers and enlisted personnel of the United States Armed Forces of equal grade, rating, and length of service. (c) Mileage payment shall be allowed for going and returning to serve any process or mandate of a military court, the distance to be computed from the place where it is served to the place where it is returnable. Amended by Act 2019, No. 211,§ 3, eff. 2/26/2019. Acts 1969, No. 50, § 186; 1981, No. 407, § 2; A.S.A. 1947, § 11-903.

(a) Members of boards and commissions created by this code and all military personnel, detailed to serve on any board or commission ordered by the Governor, or under his or her authority by the commanding general of the National Guard, or on any court of inquiry, court-martial, or summary court, ordered by proper authority in pursuance of any provision of this code, shall be paid for each day actually employed in such board, commission, or court, or engaged in the business thereof, or in traveling to and from the same, and mileage necessarily traveled in going to and returning from such duty shall be allowed.

(b) The pay shall be the same as for officers and enlisted personnel of the United States Armed Forces of equal grade, rating, and length of service.

(c) Mileage payment shall be allowed for going and returning to serve any process or mandate of a military court, the distance to be computed from the place where it is served to the place where it is returnable.

Amended by Act 2019, No. 211,§ 3, eff. 2/26/2019.

Acts 1969, No. 50, § 186; 1981, No. 407, § 2; A.S.A. 1947, § 11-903.
Ark. Code Ann. § 12-18-615 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-615
Radiology procedures, photographs, electronic media, and medical records
Status: in_force

(a) A person who is required to make a report under this chapter may take or cause to be taken radiology procedures and photographs or compile medical records that may be relevant as to the existence or extent of child maltreatment. (b) A hospital, clinic, or child safety center, or the Department of Human Services and the Department of Arkansas State Police may make electronic media that may be relevant as to the existence or extent of child maltreatment. (c) The Department of Human Services and the Department of Arkansas State Police, or law enforcement officials shall be provided at no cost a copy of the results of radiology procedures, electronic media, photographs, or medical records upon request. Amended by Act 2015, No. 1004,§ 15, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 15, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) A person who is required to make a report under this chapter may take or cause to be taken radiology procedures and photographs or compile medical records that may be relevant as to the existence or extent of child maltreatment.

(b) A hospital, clinic, or child safety center, or the Department of Human Services and the Department of Arkansas State Police may make electronic media that may be relevant as to the existence or extent of child maltreatment.

(c) The Department of Human Services and the Department of Arkansas State Police, or law enforcement officials shall be provided at no cost a copy of the results of radiology procedures, electronic media, photographs, or medical records upon request.

Amended by Act 2015, No. 1004,§ 15, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 15, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-64-817 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-817
Failure to obey order or rule
Status: in_force

Any person subject to this code shall be punished as a court-martial may direct if he or she: (1) (A) Violates or fails to obey any lawful order or rule. A lawful order or rule is a written, electronic, nonverbal or oral communication by a member of the armed forces acting within the scope of official military duties regarding instruction, decision, rule, judgment, directive, procedure, statement or command, and which primarily affects the action, organization, training, good order, discipline, property, welfare, administration, operation, and procedure of the armed forces. (B) Lawful orders and rules shall not be subject to the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (2) Having knowledge of any other lawful order issued by a member of the organized militia, which it is his or her duty to obey, fails to obey the order; or (3) Is derelict in the performance of his or her duties. Amended by Act 2019, No. 315,§ 962, eff. 7/24/2019. Acts 1969, No. 50, § 135; A.S.A. 1947, § 11-717; Acts 1993, No. 926, § 1; 1993, No. 1035, § 1.

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

(1) (A) Violates or fails to obey any lawful order or rule. A lawful order or rule is a written, electronic, nonverbal or oral communication by a member of the armed forces acting within the scope of official military duties regarding instruction, decision, rule, judgment, directive, procedure, statement or command, and which primarily affects the action, organization, training, good order, discipline, property, welfare, administration, operation, and procedure of the armed forces. (B) Lawful orders and rules shall not be subject to the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(A) Violates or fails to obey any lawful order or rule. A lawful order or rule is a written, electronic, nonverbal or oral communication by a member of the armed forces acting within the scope of official military duties regarding instruction, decision, rule, judgment, directive, procedure, statement or command, and which primarily affects the action, organization, training, good order, discipline, property, welfare, administration, operation, and procedure of the armed forces.

(B) Lawful orders and rules shall not be subject to the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(2) Having knowledge of any other lawful order issued by a member of the organized militia, which it is his or her duty to obey, fails to obey the order; or

(3) Is derelict in the performance of his or her duties.

Amended by Act 2019, No. 315,§ 962, eff. 7/24/2019.

Acts 1969, No. 50, § 135; A.S.A. 1947, § 11-717; Acts 1993, No. 926, § 1; 1993, No. 1035, § 1.
Ark. Code Ann. § 12-6-302 — AR Code / Title 12 / Chapter 6 / Subchapter 3 / Section 12-6-302
Arrest quotas prohibited
Status: in_force

No state or local agency employing law enforcement officers engaged in the enforcement of any motor vehicle traffic laws of this state or any local ordinance governing motor vehicle traffic may establish any policy requiring any law enforcement officer to meet an arrest quota, except as necessary to meet requirements under federal law or contracts with federal agencies. Acts 1995, No. 952, § 2.

No state or local agency employing law enforcement officers engaged in the enforcement of any motor vehicle traffic laws of this state or any local ordinance governing motor vehicle traffic may establish any policy requiring any law enforcement officer to meet an arrest quota, except as necessary to meet requirements under federal law or contracts with federal agencies.

Acts 1995, No. 952, § 2.
Ark. Code Ann. § 12-12-1013 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1013
Right of review and challenge
Status: in_force

(a) (1) A person, upon positive verification of his or her identity, may review criminal history information pertaining to the person compiled and maintained by the Identification Bureau of the Department of Arkansas State Police or the central repository and may challenge the completeness or accuracy of the criminal history information. (2) (A) The criminal history information may be reviewed only by the person or the person's attorney or other designee authorized in writing by the subject. (B) A copy of criminal history information maintained in the Arkansas Crime Information Center on the person may be made available to the person or the person's attorney or other designee authorized in writing by the person. (C) A request for a copy of any criminal history information maintained in the National Crime Information Center shall be addressed to the Federal Bureau of Investigation. (b) If the person, after appropriate review, believes that the criminal history information is incorrect or incomplete in any way, he or she may request an examination and correction of the criminal history information by the agency responsible for the criminal history information. (c) (1) If it is determined as a result of the challenge that the criminal history information is inaccurate, incomplete, or improperly maintained, the criminal history information shall be appropriately corrected. (2) Immediately after correction under subdivision (c)(1) of this section, the agency responsible for the criminal history information shall notify every agency or person known to have received the criminal history information within the previous one-year period and provide the agency or person with corrected criminal history information. (3) A person whose criminal history information has been corrected may ascertain the names of those agencies or individuals known to have received the previously incorrect criminal history information. (d) (1) (A) Criminal history information that was recorded before August 13, 1993, is subject to the right of review and challenge in accordance with this section. (B) However, the duty of an agency in searching for criminal history information under subdivision (d)(1)(A) of this section is to make a reasonable search for criminal history information. (2) An agency does not have a duty under subdivision (d)(1)(A) of this section to provide access to that segment of criminal history information that cannot be located after a reasonable search. (e) The right of a person to review his or her criminal history information shall not be used by a prospective employer or another person as a means to circumvent procedures or fees for accessing records for noncriminal justice purposes. Acts 1993, No. 1109, § 12; 1997, No. 826, § 6; 2009, No. 974, § 9.

(a) (1) A person, upon positive verification of his or her identity, may review criminal history information pertaining to the person compiled and maintained by the Identification Bureau of the Department of Arkansas State Police or the central repository and may challenge the completeness or accuracy of the criminal history information. (2) (A) The criminal history information may be reviewed only by the person or the person's attorney or other designee authorized in writing by the subject. (B) A copy of criminal history information maintained in the Arkansas Crime Information Center on the person may be made available to the person or the person's attorney or other designee authorized in writing by the person. (C) A request for a copy of any criminal history information maintained in the National Crime Information Center shall be addressed to the Federal Bureau of Investigation.

(1) A person, upon positive verification of his or her identity, may review criminal history information pertaining to the person compiled and maintained by the Identification Bureau of the Department of Arkansas State Police or the central repository and may challenge the completeness or accuracy of the criminal history information.

(2) (A) The criminal history information may be reviewed only by the person or the person's attorney or other designee authorized in writing by the subject. (B) A copy of criminal history information maintained in the Arkansas Crime Information Center on the person may be made available to the person or the person's attorney or other designee authorized in writing by the person. (C) A request for a copy of any criminal history information maintained in the National Crime Information Center shall be addressed to the Federal Bureau of Investigation.

(A) The criminal history information may be reviewed only by the person or the person's attorney or other designee authorized in writing by the subject.

(B) A copy of criminal history information maintained in the Arkansas Crime Information Center on the person may be made available to the person or the person's attorney or other designee authorized in writing by the person.

(C) A request for a copy of any criminal history information maintained in the National Crime Information Center shall be addressed to the Federal Bureau of Investigation.

(b) If the person, after appropriate review, believes that the criminal history information is incorrect or incomplete in any way, he or she may request an examination and correction of the criminal history information by the agency responsible for the criminal history information.

(c) (1) If it is determined as a result of the challenge that the criminal history information is inaccurate, incomplete, or improperly maintained, the criminal history information shall be appropriately corrected. (2) Immediately after correction under subdivision (c)(1) of this section, the agency responsible for the criminal history information shall notify every agency or person known to have received the criminal history information within the previous one-year period and provide the agency or person with corrected criminal history information. (3) A person whose criminal history information has been corrected may ascertain the names of those agencies or individuals known to have received the previously incorrect criminal history information.

(1) If it is determined as a result of the challenge that the criminal history information is inaccurate, incomplete, or improperly maintained, the criminal history information shall be appropriately corrected.

(2) Immediately after correction under subdivision (c)(1) of this section, the agency responsible for the criminal history information shall notify every agency or person known to have received the criminal history information within the previous one-year period and provide the agency or person with corrected criminal history information.

(3) A person whose criminal history information has been corrected may ascertain the names of those agencies or individuals known to have received the previously incorrect criminal history information.

(d) (1) (A) Criminal history information that was recorded before August 13, 1993, is subject to the right of review and challenge in accordance with this section. (B) However, the duty of an agency in searching for criminal history information under subdivision (d)(1)(A) of this section is to make a reasonable search for criminal history information. (2) An agency does not have a duty under subdivision (d)(1)(A) of this section to provide access to that segment of criminal history information that cannot be located after a reasonable search.

(1) (A) Criminal history information that was recorded before August 13, 1993, is subject to the right of review and challenge in accordance with this section. (B) However, the duty of an agency in searching for criminal history information under subdivision (d)(1)(A) of this section is to make a reasonable search for criminal history information.

(A) Criminal history information that was recorded before August 13, 1993, is subject to the right of review and challenge in accordance with this section.

(B) However, the duty of an agency in searching for criminal history information under subdivision (d)(1)(A) of this section is to make a reasonable search for criminal history information.

(2) An agency does not have a duty under subdivision (d)(1)(A) of this section to provide access to that segment of criminal history information that cannot be located after a reasonable search.

(e) The right of a person to review his or her criminal history information shall not be used by a prospective employer or another person as a means to circumvent procedures or fees for accessing records for noncriminal justice purposes.

Acts 1993, No. 1109, § 12; 1997, No. 826, § 6; 2009, No. 974, § 9.
Ark. Code Ann. § 12-13-110 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-110
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 17, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 874, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5866, eff. 7/1/2019. Acts 1955, No. 254, §§ 7, 11; A.S.A. 1947, §§ 82-812, 82-816; Acts 2005, No. 1994, § 199.

Repealed by Act 2023, No. 841,§ 17, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 874, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5866, eff. 7/1/2019.

Acts 1955, No. 254, §§ 7, 11; A.S.A. 1947, §§ 82-812, 82-816; Acts 2005, No. 1994, § 199.
Ark. Code Ann. § 12-20-301 — AR Code / Title 12 / Chapter 20 / Subchapter 3 / Section 12-20-301
Rules and regulations for motor vehicles on private school or private college or university grounds
Status: in_force

(a) (1) Each private school or private college or university may promulgate and amend rules and regulations for the operation and parking of motor vehicles on its property as its governing board deems necessary if the rules and regulations do not conflict with governing state law or a city or county ordinance. (2) The rules and regulations described in subdivision (a)(1) of this section may be submitted to the city or county where the property of the private school or private college or university is located for adoption as ordinances, including without limitation ordinances that: (A) Limit the rate of speed; and (B) Enforce other traffic rules, including control and direction of traffic. (b) Speed limits shall be posted at reasonable intervals, and traffic and parking directions and prohibitions shall be indicated by signs. Amended by Act 2021, No. 535,§ 4, eff. 7/28/2021. Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.

(a) (1) Each private school or private college or university may promulgate and amend rules and regulations for the operation and parking of motor vehicles on its property as its governing board deems necessary if the rules and regulations do not conflict with governing state law or a city or county ordinance. (2) The rules and regulations described in subdivision (a)(1) of this section may be submitted to the city or county where the property of the private school or private college or university is located for adoption as ordinances, including without limitation ordinances that: (A) Limit the rate of speed; and (B) Enforce other traffic rules, including control and direction of traffic.

(1) Each private school or private college or university may promulgate and amend rules and regulations for the operation and parking of motor vehicles on its property as its governing board deems necessary if the rules and regulations do not conflict with governing state law or a city or county ordinance.

(2) The rules and regulations described in subdivision (a)(1) of this section may be submitted to the city or county where the property of the private school or private college or university is located for adoption as ordinances, including without limitation ordinances that: (A) Limit the rate of speed; and (B) Enforce other traffic rules, including control and direction of traffic.

(A) Limit the rate of speed; and

(B) Enforce other traffic rules, including control and direction of traffic.

(b) Speed limits shall be posted at reasonable intervals, and traffic and parking directions and prohibitions shall be indicated by signs.

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

Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 12-41-810 — AR Code / Title 12 / Chapter 41 / Subchapter 8 / Section 12-41-810
Juvenile offender transportation
Status: in_force

(a) Funds appropriated to the Department of Corrections for the transportation of juveniles shall be used to provide grants and reimbursements to local government units that have juvenile detention facilities for the transportation of juvenile offenders to the appropriate care or custody facilities or any other licensed juvenile facility approved by the court or as may be provided by law. (b) A grant or reimbursement for juvenile offender transportation costs under subsection (a) of this section shall be made in accordance with the procedures and criteria developed and administered by the Office of Criminal Detention Facilities Review Coordinator. Added by Act 2023, No. 890,§ 40, eff. 7/1/2023.

(a) Funds appropriated to the Department of Corrections for the transportation of juveniles shall be used to provide grants and reimbursements to local government units that have juvenile detention facilities for the transportation of juvenile offenders to the appropriate care or custody facilities or any other licensed juvenile facility approved by the court or as may be provided by law.

(b) A grant or reimbursement for juvenile offender transportation costs under subsection (a) of this section shall be made in accordance with the procedures and criteria developed and administered by the Office of Criminal Detention Facilities Review Coordinator.

Added by Act 2023, No. 890,§ 40, eff. 7/1/2023.
Ark. Code Ann. § 12-13-119 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-119
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 22, eff. 7/1/2023. Added by Act 2015, No. 961,§ 2, eff. 7/22/2015.

Repealed by Act 2023, No. 841,§ 22, eff. 7/1/2023.

Added by Act 2015, No. 961,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 12-87-107 — AR Code / Title 12 / Chapter 87 / Section 12-87-107
No effect on credentialing and privileging
Status: in_force

(a) In this section: (1) "Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility. (2) "Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill. (b) This chapter does not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect. Acts 2009, No. 432, § 1.

(a) In this section: (1) "Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility. (2) "Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill.

(1) "Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services in or for a health facility.

(2) "Privileging" means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill.

(b) This chapter does not affect credentialing or privileging standards of a health facility and does not preclude a health facility from waiving or modifying those standards while an emergency declaration is in effect.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-41-307 — AR Code / Title 12 / Chapter 41 / Subchapter 3 / Section 12-41-307
Labor of inmates
Status: in_force

(a) All persons sentenced to confinement in the house of correction shall be compelled to labor on the farm or lands on which the house of correction shall be situated in such manner as is provided for in subsection (c) of this section and for the term of their imprisonment. (b) Prisoners confined in the house of correction shall labor for such number of hours each day as the county court may determine. (c) The prisoners shall be compelled to perform any and all such labors as pertain to the clearing, improvement, and cultivation of the farm and garden or to mechanical pursuits. Acts 1868, No. 27, §§ 9, 13, p. 84; C. & M. Dig., §§ 1962, 1968; Pope's Dig., §§ 2491, 2497; A.S.A. 1947, §§ 46-609, 46-613.

(a) All persons sentenced to confinement in the house of correction shall be compelled to labor on the farm or lands on which the house of correction shall be situated in such manner as is provided for in subsection (c) of this section and for the term of their imprisonment.

(b) Prisoners confined in the house of correction shall labor for such number of hours each day as the county court may determine.

(c) The prisoners shall be compelled to perform any and all such labors as pertain to the clearing, improvement, and cultivation of the farm and garden or to mechanical pursuits.

Acts 1868, No. 27, §§ 9, 13, p. 84; C. & M. Dig., §§ 1962, 1968; Pope's Dig., §§ 2491, 2497; A.S.A. 1947, §§ 46-609, 46-613.
Ark. Code Ann. § 12-17-104 — AR Code / Title 12 / Chapter 17 / Section 12-17-104
Determination of grant awards
Status: in_force

The Arkansas Alcohol and Drug Abuse Coordinating Council shall: (1) Develop and promulgate by rule criteria for the grant applications and awards process under this chapter; (2) Review all grant applications under this chapter; (3) Determine which applicant or applicants should receive grant awards under this chapter; and (4) Retain oversight of all grant expenditures under this chapter. Acts 2007, No. 1086, § 1.

The Arkansas Alcohol and Drug Abuse Coordinating Council shall:

(1) Develop and promulgate by rule criteria for the grant applications and awards process under this chapter;

(2) Review all grant applications under this chapter;

(3) Determine which applicant or applicants should receive grant awards under this chapter; and

(4) Retain oversight of all grant expenditures under this chapter.

Acts 2007, No. 1086, § 1.
Ark. Code Ann. § 12-9-301 — AR Code / Title 12 / Chapter 9 / Subchapter 3 / Section 12-9-301
Definitions
Status: in_force

As used in this subchapter: (1) "Auxiliary law enforcement officer" means a person who meets the minimum standards and training requirements prescribed for auxiliary law enforcement officers by law and rules, and who is appointed by a political subdivision or a law enforcement agency as a reserve officer, but does not include any law enforcement officer or deputy county sheriff employed by a planned community property owners' association; (2) "Commission" means the Arkansas Commission on Law Enforcement Standards and Training as established by § 12-9-103 ; (3) "Direct supervision" means having a designated on-duty, full-time certified law enforcement officer responsible for the direction, conduct, and performance of the auxiliary law enforcement officer when that auxiliary law enforcement officer is working an assigned duty, but does not mean that the full-time certified law enforcement officer must be in the physical presence of the auxiliary law enforcement officer when the auxiliary law enforcement officer is working an assigned duty; (4) "Honorary police officer" means any person having no law enforcement authority except as a private citizen; (5) "Law enforcement agency" means any police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal, traffic, or highway laws of this state; (6) "Law enforcement officer" means any appointed law enforcement officer or county sheriff who is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state; (7) "Part-time law enforcement officer" means, as applied to employment and training requirements, a law enforcement officer who works twenty-four (24) hours per week or less and receives a salary from the employing law enforcement agency; and (8) "Political subdivision" means any county, municipality, township, or other specific local unit of general government. Amended by Act 2019, No. 151,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 497,§ 16, eff. 8/1/2017. Acts 1983, No. 757, § 1; A.S.A. 1947, § 42-1401; Acts 1994 (2nd Ex. Sess.), No. 12, § 1.

As used in this subchapter:

(1) "Auxiliary law enforcement officer" means a person who meets the minimum standards and training requirements prescribed for auxiliary law enforcement officers by law and rules, and who is appointed by a political subdivision or a law enforcement agency as a reserve officer, but does not include any law enforcement officer or deputy county sheriff employed by a planned community property owners' association;

(2) "Commission" means the Arkansas Commission on Law Enforcement Standards and Training as established by § 12-9-103 ;

(3) "Direct supervision" means having a designated on-duty, full-time certified law enforcement officer responsible for the direction, conduct, and performance of the auxiliary law enforcement officer when that auxiliary law enforcement officer is working an assigned duty, but does not mean that the full-time certified law enforcement officer must be in the physical presence of the auxiliary law enforcement officer when the auxiliary law enforcement officer is working an assigned duty;

(4) "Honorary police officer" means any person having no law enforcement authority except as a private citizen;

(5) "Law enforcement agency" means any police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal, traffic, or highway laws of this state;

(6) "Law enforcement officer" means any appointed law enforcement officer or county sheriff who is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state;

(7) "Part-time law enforcement officer" means, as applied to employment and training requirements, a law enforcement officer who works twenty-four (24) hours per week or less and receives a salary from the employing law enforcement agency; and

(8) "Political subdivision" means any county, municipality, township, or other specific local unit of general government.

Amended by Act 2019, No. 151,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 497,§ 16, eff. 8/1/2017.

Acts 1983, No. 757, § 1; A.S.A. 1947, § 42-1401; Acts 1994 (2nd Ex. Sess.), No. 12, § 1.
Ark. Code Ann. § 12-18-704 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-704
Notice if the investigative determination is true but exempted and the alleged offender is a child
Status: in_force

If the investigative determination of the report was determined true but exempted under § 12-18-702(2)(C)(ii) and the alleged offender is a child at the time the act or omission occurred, the Department of Human Services and the Department of Arkansas State Police shall notify the legal parents and legal guardians of the investigative determination and that the child's name shall not be placed in the Child Maltreatment Central Registry, and the alleged offender may petition for an administrative hearing. Amended by Act 2015, No. 1004,§ 21, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 18, eff. 8/16/2013. Acts 2009, No. 749, § 1; 2011, No. 1143, § 15.

If the investigative determination of the report was determined true but exempted under § 12-18-702(2)(C)(ii) and the alleged offender is a child at the time the act or omission occurred, the Department of Human Services and the Department of Arkansas State Police shall notify the legal parents and legal guardians of the investigative determination and that the child's name shall not be placed in the Child Maltreatment Central Registry, and the alleged offender may petition for an administrative hearing.

Amended by Act 2015, No. 1004,§ 21, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 18, eff. 8/16/2013.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 15.
Ark. Code Ann. § 12-62-308 — AR Code / Title 12 / Chapter 62 / Subchapter 3 / Section 12-62-308
Retirement system
Status: in_force

(a) The Board of Trustees of the Arkansas Public Employees' Retirement System is authorized to enter into agreements with the National Guard Bureau, or the appropriate federal agency, for including within the membership of the Arkansas Public Employees' Retirement System, as created by § 24-4-103 , technicians employed by the Arkansas National Guard under authority of 32 U.S.C. § 709 and those contract personnel hired as state employees in accordance with the provisions of 10 U.S.C. § 2304(a)(10) [repealed]. (b) The Arkansas National Guard may pay the employer's share to the retirement system, or any part of the employer's contributions and interest, for credited service not credited to the employee by the Arkansas Public Employees' Retirement System from June 8, 1961, to July 1, 1975. (c) (1) Any employee of the National Guard included within the membership of the Arkansas Public Employees' Retirement System who was employed by the National Guard under the authority of 32 U.S.C. § 709 , on July 1, 1961, shall be given credit for prior service rendered as an employee of the National Guard under the authority of 32 U.S.C. § 709 , prior to July 1, 1957, if so employed by the National Guard on that date. (2) Proof of such prior service shall be in such form as shall be required by the board of trustees. (d) (1) Arkansas National Guard technicians and site contract employees covered under the provisions of this section who have not received full credited service for their service time with the Arkansas National Guard from June 8, 1961, until July 1, 1975, may apply for and receive current service credit for service rendered as a full-time technician or site contract employee between June 8, 1961, and July 1, 1975. (2) The employee shall receive credit only if the employee pays, or causes to be paid, to the Arkansas Public Employees' Retirement System Fund all necessary employer contributions and employee contributions that would have been paid had the employee been a member of the system during that time, together with interest thereon at the rate of six percent (6%) compounded annually from the date the contributions would have been paid until the payment is received by the system. (3) The Arkansas National Guard may pay all or any part of the employer contributions and interest required. Acts 1961, No. 47, §§ 1, 2; 1975, No. 747, § 1; A.S.A. 1947, §§ 11-909, 11-910; Acts 1995, No. 1102, § 1.

(a) The Board of Trustees of the Arkansas Public Employees' Retirement System is authorized to enter into agreements with the National Guard Bureau, or the appropriate federal agency, for including within the membership of the Arkansas Public Employees' Retirement System, as created by § 24-4-103 , technicians employed by the Arkansas National Guard under authority of 32 U.S.C. § 709 and those contract personnel hired as state employees in accordance with the provisions of 10 U.S.C. § 2304(a)(10) [repealed].

(b) The Arkansas National Guard may pay the employer's share to the retirement system, or any part of the employer's contributions and interest, for credited service not credited to the employee by the Arkansas Public Employees' Retirement System from June 8, 1961, to July 1, 1975.

(c) (1) Any employee of the National Guard included within the membership of the Arkansas Public Employees' Retirement System who was employed by the National Guard under the authority of 32 U.S.C. § 709 , on July 1, 1961, shall be given credit for prior service rendered as an employee of the National Guard under the authority of 32 U.S.C. § 709 , prior to July 1, 1957, if so employed by the National Guard on that date. (2) Proof of such prior service shall be in such form as shall be required by the board of trustees.

(1) Any employee of the National Guard included within the membership of the Arkansas Public Employees' Retirement System who was employed by the National Guard under the authority of 32 U.S.C. § 709 , on July 1, 1961, shall be given credit for prior service rendered as an employee of the National Guard under the authority of 32 U.S.C. § 709 , prior to July 1, 1957, if so employed by the National Guard on that date.

(2) Proof of such prior service shall be in such form as shall be required by the board of trustees.

(d) (1) Arkansas National Guard technicians and site contract employees covered under the provisions of this section who have not received full credited service for their service time with the Arkansas National Guard from June 8, 1961, until July 1, 1975, may apply for and receive current service credit for service rendered as a full-time technician or site contract employee between June 8, 1961, and July 1, 1975. (2) The employee shall receive credit only if the employee pays, or causes to be paid, to the Arkansas Public Employees' Retirement System Fund all necessary employer contributions and employee contributions that would have been paid had the employee been a member of the system during that time, together with interest thereon at the rate of six percent (6%) compounded annually from the date the contributions would have been paid until the payment is received by the system. (3) The Arkansas National Guard may pay all or any part of the employer contributions and interest required.

(1) Arkansas National Guard technicians and site contract employees covered under the provisions of this section who have not received full credited service for their service time with the Arkansas National Guard from June 8, 1961, until July 1, 1975, may apply for and receive current service credit for service rendered as a full-time technician or site contract employee between June 8, 1961, and July 1, 1975.

(2) The employee shall receive credit only if the employee pays, or causes to be paid, to the Arkansas Public Employees' Retirement System Fund all necessary employer contributions and employee contributions that would have been paid had the employee been a member of the system during that time, together with interest thereon at the rate of six percent (6%) compounded annually from the date the contributions would have been paid until the payment is received by the system.

(3) The Arkansas National Guard may pay all or any part of the employer contributions and interest required.

Acts 1961, No. 47, §§ 1, 2; 1975, No. 747, § 1; A.S.A. 1947, §§ 11-909, 11-910; Acts 1995, No. 1102, § 1.
Ark. Code Ann. § 12-12-1709 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1709
Report of death caused by maltreatment
Status: in_force

(a) (1) Any person or official who is required to report a case of suspected adult maltreatment or long-term care facility resident maltreatment under this subchapter and who has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment shall report the suspected death from maltreatment to the appropriate medical examiner or coroner. (2) (A) In all cases of the death of a long-term care facility resident or a hospice facility resident, the long-term care facility or the hospice facility shall immediately report the death to the appropriate coroner. (B) The report is required regardless of whether the long-term care facility or the hospice facility believes the death to be from natural causes or the result of maltreatment or any other cause. (3) (A) In all cases of the death in a hospital of a person who was a long-term care facility resident within five (5) days before entering the hospital, the hospital shall immediately report the death to the appropriate coroner. (B) The report is required regardless of whether the hospital believes the death to be from natural causes, the result of maltreatment, or any other cause. (b) (1) The medical examiner or coroner shall accept the report for investigation and upon finding reasonable cause to suspect that a person has died as a result of maltreatment shall report the findings to a law enforcement agency and the appropriate prosecuting attorney. (2) If the institution making the report is a hospital or long-term care facility, the medical examiner or coroner shall report the findings to the hospital or long-term care facility unless the findings are part of a pending or ongoing law enforcement investigation. (c) If it receives findings under subdivision (b)(2) of this section, the medical examiner, coroner, or hospital shall also report findings under subsection (b) of this section to the Department of Human Services if: (1) Reasonable cause exists to believe the death resulted from maltreatment; or (2) Upon request of the department and there is a pending investigation concerning allegations of maltreatment occurring before death. Acts 2005, No. 1812, § 1.

(a) (1) Any person or official who is required to report a case of suspected adult maltreatment or long-term care facility resident maltreatment under this subchapter and who has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment shall report the suspected death from maltreatment to the appropriate medical examiner or coroner. (2) (A) In all cases of the death of a long-term care facility resident or a hospice facility resident, the long-term care facility or the hospice facility shall immediately report the death to the appropriate coroner. (B) The report is required regardless of whether the long-term care facility or the hospice facility believes the death to be from natural causes or the result of maltreatment or any other cause. (3) (A) In all cases of the death in a hospital of a person who was a long-term care facility resident within five (5) days before entering the hospital, the hospital shall immediately report the death to the appropriate coroner. (B) The report is required regardless of whether the hospital believes the death to be from natural causes, the result of maltreatment, or any other cause.

(1) Any person or official who is required to report a case of suspected adult maltreatment or long-term care facility resident maltreatment under this subchapter and who has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment shall report the suspected death from maltreatment to the appropriate medical examiner or coroner.

(2) (A) In all cases of the death of a long-term care facility resident or a hospice facility resident, the long-term care facility or the hospice facility shall immediately report the death to the appropriate coroner. (B) The report is required regardless of whether the long-term care facility or the hospice facility believes the death to be from natural causes or the result of maltreatment or any other cause.

(A) In all cases of the death of a long-term care facility resident or a hospice facility resident, the long-term care facility or the hospice facility shall immediately report the death to the appropriate coroner.

(B) The report is required regardless of whether the long-term care facility or the hospice facility believes the death to be from natural causes or the result of maltreatment or any other cause.

(3) (A) In all cases of the death in a hospital of a person who was a long-term care facility resident within five (5) days before entering the hospital, the hospital shall immediately report the death to the appropriate coroner. (B) The report is required regardless of whether the hospital believes the death to be from natural causes, the result of maltreatment, or any other cause.

(A) In all cases of the death in a hospital of a person who was a long-term care facility resident within five (5) days before entering the hospital, the hospital shall immediately report the death to the appropriate coroner.

(B) The report is required regardless of whether the hospital believes the death to be from natural causes, the result of maltreatment, or any other cause.

(b) (1) The medical examiner or coroner shall accept the report for investigation and upon finding reasonable cause to suspect that a person has died as a result of maltreatment shall report the findings to a law enforcement agency and the appropriate prosecuting attorney. (2) If the institution making the report is a hospital or long-term care facility, the medical examiner or coroner shall report the findings to the hospital or long-term care facility unless the findings are part of a pending or ongoing law enforcement investigation.

(1) The medical examiner or coroner shall accept the report for investigation and upon finding reasonable cause to suspect that a person has died as a result of maltreatment shall report the findings to a law enforcement agency and the appropriate prosecuting attorney.

(2) If the institution making the report is a hospital or long-term care facility, the medical examiner or coroner shall report the findings to the hospital or long-term care facility unless the findings are part of a pending or ongoing law enforcement investigation.

(c) If it receives findings under subdivision (b)(2) of this section, the medical examiner, coroner, or hospital shall also report findings under subsection (b) of this section to the Department of Human Services if: (1) Reasonable cause exists to believe the death resulted from maltreatment; or (2) Upon request of the department and there is a pending investigation concerning allegations of maltreatment occurring before death.

(1) Reasonable cause exists to believe the death resulted from maltreatment; or

(2) Upon request of the department and there is a pending investigation concerning allegations of maltreatment occurring before death.

Acts 2005, No. 1812, § 1.
Ark. Code Ann. § 12-75-124 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-124
Compensation for services and property
Status: in_force

(a) (1) Each person within this state shall conduct himself or herself and keep and manage his or her affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public to successfully meet disaster emergencies. This obligation includes appropriate personal service and use or restriction on the use of property in time of disaster emergency. (2) This chapter neither increases nor decreases these obligations but recognizes their existence under the Arkansas Constitution and statutes of this state and the common law. (3) Compensation for services or for the taking or use of property shall be only to the extent that obligations recognized in this chapter are exceeded in a particular case and then only to the extent that the claimant may not be deemed to have volunteered his or her services or property without compensation. (b) The state, any agency of the state, and any political subdivision shall not compensate any personal services except pursuant to statute or local law or ordinance. (c) Compensation for property shall be only if the property was commandeered or otherwise used in coping with a disaster emergency and its use or destruction was ordered by the Governor or a member of the disaster emergency forces of this state. (d) Any person claiming compensation for the use, damage, loss, or destruction of property under this chapter shall file a claim therefor with the Arkansas State Claims Commission in the form and manner the commission provides. (e) Unless the amount of compensation on account of property damaged, lost, or destroyed is agreed between the claimant and the commission, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state. (f) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a fire break or to the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood. Acts 1973, No. 511, § 15; A.S.A. 1947, § 11-1948; Acts 2009, No. 165, § 48.

(a) (1) Each person within this state shall conduct himself or herself and keep and manage his or her affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public to successfully meet disaster emergencies. This obligation includes appropriate personal service and use or restriction on the use of property in time of disaster emergency. (2) This chapter neither increases nor decreases these obligations but recognizes their existence under the Arkansas Constitution and statutes of this state and the common law. (3) Compensation for services or for the taking or use of property shall be only to the extent that obligations recognized in this chapter are exceeded in a particular case and then only to the extent that the claimant may not be deemed to have volunteered his or her services or property without compensation.

(1) Each person within this state shall conduct himself or herself and keep and manage his or her affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public to successfully meet disaster emergencies. This obligation includes appropriate personal service and use or restriction on the use of property in time of disaster emergency.

(2) This chapter neither increases nor decreases these obligations but recognizes their existence under the Arkansas Constitution and statutes of this state and the common law.

(3) Compensation for services or for the taking or use of property shall be only to the extent that obligations recognized in this chapter are exceeded in a particular case and then only to the extent that the claimant may not be deemed to have volunteered his or her services or property without compensation.

(b) The state, any agency of the state, and any political subdivision shall not compensate any personal services except pursuant to statute or local law or ordinance.

(c) Compensation for property shall be only if the property was commandeered or otherwise used in coping with a disaster emergency and its use or destruction was ordered by the Governor or a member of the disaster emergency forces of this state.

(d) Any person claiming compensation for the use, damage, loss, or destruction of property under this chapter shall file a claim therefor with the Arkansas State Claims Commission in the form and manner the commission provides.

(e) Unless the amount of compensation on account of property damaged, lost, or destroyed is agreed between the claimant and the commission, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state.

(f) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a fire break or to the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood.

Acts 1973, No. 511, § 15; A.S.A. 1947, § 11-1948; Acts 2009, No. 165, § 48.
Ark. Code Ann. § 12-29-701 — AR Code / Title 12 / Chapter 29 / Subchapter 7 / Section 12-29-701
Applicability
Status: in_force

This subchapter applies to a felony offense committed on or after January 1, 2025. Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.

This subchapter applies to a felony offense committed on or after January 1, 2025.

Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.
Ark. Code Ann. § 12-12-1119 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1119
DNA Detection Fund
Status: in_force

(a) There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "DNA Detection Fund". (b) This fund shall consist of special revenues collected pursuant to § 12-12-1118 , there to be used by the State Crime Laboratory for the administration of this subchapter. Acts 1997, No. 737, § 19.

(a) There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "DNA Detection Fund".

(b) This fund shall consist of special revenues collected pursuant to § 12-12-1118 , there to be used by the State Crime Laboratory for the administration of this subchapter.

Acts 1997, No. 737, § 19.
Ark. Code Ann. § 12-29-102 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-102
Inmates denied participation in furlough programs
Status: in_force

A person who is convicted of any of the following offenses shall be ineligible to participate in any meritorious furlough program conducted by or for the Division of Correction: (1) Capital murder, § 5-10-101 ; (2) Murder in the first degree, § 5-10-102 ; (3) Kidnapping, § 5-11-102 ; (4) Rape, § 5-14-103 ; (5) Any other offense concerning sexual offenses under § 5-14-101 et seq.; (6) An offense concerning sexual exploitation of children under the Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq.; (7) An offense concerning use of children in sexual performances under § 5-27-401 et seq.; or (8) Stalking, § 5-71-229 . Amended by Act 2019, No. 910,§ 785, eff. 7/1/2019. Acts 1997, No. 1191, § 1; 1999, No. 1487, § 1.

A person who is convicted of any of the following offenses shall be ineligible to participate in any meritorious furlough program conducted by or for the Division of Correction:

(1) Capital murder, § 5-10-101 ;

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

(3) Kidnapping, § 5-11-102 ;

(4) Rape, § 5-14-103 ;

(5) Any other offense concerning sexual offenses under § 5-14-101 et seq.;

(6) An offense concerning sexual exploitation of children under the Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq.;

(7) An offense concerning use of children in sexual performances under § 5-27-401 et seq.; or

(8) Stalking, § 5-71-229 .

Amended by Act 2019, No. 910,§ 785, eff. 7/1/2019.

Acts 1997, No. 1191, § 1; 1999, No. 1487, § 1.
Ark. Code Ann. § 12-63-405 — AR Code / Title 12 / Chapter 63 / Subchapter 4 / Section 12-63-405
Military-type canteens and exchanges - Adjutant General's powers and duties
Status: in_force

The Adjutant General may: (1) Enter into contracts or agreements with military-focused nonprofits, military-focused nonprofit foundations, or other entities for the operation of military-type canteens and exchanges; (2) Enter into or authorize contracts or agreements with wholesalers, distributors, or suppliers of inventory items for stocking the military-type canteens and exchanges; (3) Prescribe a system of bookkeeping, accounting, and auditing procedures for the proper handling of funds derived from the operations of military-type canteens and exchanges; and (4) Prescribe rules governing the operation of the military-type canteens and exchanges on military reservations and military properties. Amended by Act 2023, No. 454,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 945, eff. 7/24/2019. Acts 1977, No. 489, § 2; A.S.A. 1947, § 11-1806; Acts 1997, No. 1201, § 8.

The Adjutant General may:

(1) Enter into contracts or agreements with military-focused nonprofits, military-focused nonprofit foundations, or other entities for the operation of military-type canteens and exchanges;

(2) Enter into or authorize contracts or agreements with wholesalers, distributors, or suppliers of inventory items for stocking the military-type canteens and exchanges;

(3) Prescribe a system of bookkeeping, accounting, and auditing procedures for the proper handling of funds derived from the operations of military-type canteens and exchanges; and

(4) Prescribe rules governing the operation of the military-type canteens and exchanges on military reservations and military properties.

Amended by Act 2023, No. 454,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 945, eff. 7/24/2019.

Acts 1977, No. 489, § 2; A.S.A. 1947, § 11-1806; Acts 1997, No. 1201, § 8.
Ark. Code Ann. § 12-10-324 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-324
Response to call - Entrance procedures
Status: in_force

When responding to a 911 emergency call received at a public safety answering point, public safety officers of public safety agencies may use reasonable and necessary means to enter any dwelling, dwelling unit, or other structure without the express permission of the owner when: (1) The dwelling or structure is believed to be the geographical location of the telephone used to place the 911 emergency call as determined by an automatic locator or number identifier; and (2) Only after reasonable efforts have been made to arouse and alert any inhabitants or occupants of their presence and the officers have reason to believe that circumstances exist which pose a clear threat to the health of any person or they have reason to believe there may be a person in need of emergency medical attention present in the dwelling or structure who is unable to respond to their efforts. Acts 1993, No. 1032, § 1.

When responding to a 911 emergency call received at a public safety answering point, public safety officers of public safety agencies may use reasonable and necessary means to enter any dwelling, dwelling unit, or other structure without the express permission of the owner when:

(1) The dwelling or structure is believed to be the geographical location of the telephone used to place the 911 emergency call as determined by an automatic locator or number identifier; and

(2) Only after reasonable efforts have been made to arouse and alert any inhabitants or occupants of their presence and the officers have reason to believe that circumstances exist which pose a clear threat to the health of any person or they have reason to believe there may be a person in need of emergency medical attention present in the dwelling or structure who is unable to respond to their efforts.

Acts 1993, No. 1032, § 1.
Ark. Code Ann. § 12-29-601 — AR Code / Title 12 / Chapter 29 / Subchapter 6 / Section 12-29-601
Compensatory damages paid to satisfy restitution orders
Status: in_force

(a) Any compensatory damages after payment of attorney's fees and costs awarded to a prisoner in connection with a civil action brought against any state or local jail, prison, or correctional facility, or against any official or agent of such jail, person, or correctional facility, shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner. (b) The remainder of any such award after full payment of all pending restitution orders shall be forwarded to the prisoner. Acts 1997, No. 524, § 1.

(a) Any compensatory damages after payment of attorney's fees and costs awarded to a prisoner in connection with a civil action brought against any state or local jail, prison, or correctional facility, or against any official or agent of such jail, person, or correctional facility, shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner.

(b) The remainder of any such award after full payment of all pending restitution orders shall be forwarded to the prisoner.

Acts 1997, No. 524, § 1.
Ark. Code Ann. § 12-61-107 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-107
Employment of personnel
Status: in_force

(a) The Adjutant General shall have such assistance and such clerks, employees, and laborers as may be necessary from time to time who shall be appointed and may be removed by him or her at his or her discretion. (b) (1) The Adjutant General may designate those positions that require the employee to be a member of the National Guard. (2) This subsection shall only apply to a person who begins employment with the State Military Department after August 12, 2005, and with the Department of the Military after July 1, 2019. Amended by Act 2019, No. 910,§ 5531, eff. 7/1/2019. Acts 1969, No. 50, § 12; A.S.A. 1947, § 11-112; Acts 2005, No. 52, § 1.

(a) The Adjutant General shall have such assistance and such clerks, employees, and laborers as may be necessary from time to time who shall be appointed and may be removed by him or her at his or her discretion.

(b) (1) The Adjutant General may designate those positions that require the employee to be a member of the National Guard. (2) This subsection shall only apply to a person who begins employment with the State Military Department after August 12, 2005, and with the Department of the Military after July 1, 2019.

(1) The Adjutant General may designate those positions that require the employee to be a member of the National Guard.

(2) This subsection shall only apply to a person who begins employment with the State Military Department after August 12, 2005, and with the Department of the Military after July 1, 2019.

Amended by Act 2019, No. 910,§ 5531, eff. 7/1/2019.

Acts 1969, No. 50, § 12; A.S.A. 1947, § 11-112; Acts 2005, No. 52, § 1.
Ark. Code Ann. § 12-9-206 — AR Code / Title 12 / Chapter 9 / Subchapter 2 / Section 12-9-206
Expenses furnished by academy - Exceptions
Status: in_force

(a) The Arkansas Law Enforcement Training Academy shall furnish, without cost to applicants, the necessary food, lodging, laundry, and other necessary expenses while attending the academy. (b) (1) However, the salary of applicants and the necessary transportation cost in traveling to and from the academy shall be paid by the municipality or county in which employed. (2) The travel expenses of a constable in attending the academy may be paid by the county. Acts 1963, No. 526, § 5; A.S.A. 1947, § 42-705; Acts 2011, No. 561, § 1.

(a) The Arkansas Law Enforcement Training Academy shall furnish, without cost to applicants, the necessary food, lodging, laundry, and other necessary expenses while attending the academy.

(b) (1) However, the salary of applicants and the necessary transportation cost in traveling to and from the academy shall be paid by the municipality or county in which employed. (2) The travel expenses of a constable in attending the academy may be paid by the county.

(1) However, the salary of applicants and the necessary transportation cost in traveling to and from the academy shall be paid by the municipality or county in which employed.

(2) The travel expenses of a constable in attending the academy may be paid by the county.

Acts 1963, No. 526, § 5; A.S.A. 1947, § 42-705; Acts 2011, No. 561, § 1.
Ark. Code Ann. § 12-18-902 — AR Code / Title 12 / Chapter 18 / Subchapter 9 / Section 12-18-902
Contents
Status: in_force

The Child Maltreatment Central Registry shall contain records of cases on all true investigative determinations of child maltreatment. Acts 2009, No. 749, § 1.

The Child Maltreatment Central Registry shall contain records of cases on all true investigative determinations of child maltreatment.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-26-106 — AR Code / Title 12 / Chapter 26 / Section 12-26-106
Powers and duties of a criminal detention facility review committee
Status: in_force

A criminal detention facility review committee shall: (1) Provide consultation and technical assistance to county and local government officials with respect to criminal detention facilities and juvenile detention facilities; (2) (A) Review and approve the written inspection reports of the Criminal Detention Facilities Review Coordinator for criminal detention facilities and juvenile detention facilities in the criminal detention facility review committee's district for compliance with the standards as established under § 12-26-103 . (B) This subdivision (2) does not prevent a committee member from visiting or inspecting a criminal detention facility or juvenile detention facility as part of the review process; (3) Advise government officials and other appropriate persons of deficiencies in the criminal detention facilities and juvenile detention facilities and make recommendations for improvements; (4) Review and approve plans for the construction and major modification or renovation of the criminal detention facilities and juvenile detention facilities; and (5) Perform such other duties as may be necessary to carry out the policy of the state regarding criminal detention facilities and juvenile detention facilities. Amended by Act 2021, No. 685,§ 2, eff. 7/28/2021. Amended by Act 2017, No. 153,§ 5, eff. 1/1/2019. Amended by Act 2017, No. 250,§ 17, eff. 8/1/2017. Acts 1983, No. 741, § 6; A.S.A. 1947, § 46-1215; Acts 1989, No. 515, § 2.

A criminal detention facility review committee shall:

(1) Provide consultation and technical assistance to county and local government officials with respect to criminal detention facilities and juvenile detention facilities;

(2) (A) Review and approve the written inspection reports of the Criminal Detention Facilities Review Coordinator for criminal detention facilities and juvenile detention facilities in the criminal detention facility review committee's district for compliance with the standards as established under § 12-26-103 . (B) This subdivision (2) does not prevent a committee member from visiting or inspecting a criminal detention facility or juvenile detention facility as part of the review process;

(A) Review and approve the written inspection reports of the Criminal Detention Facilities Review Coordinator for criminal detention facilities and juvenile detention facilities in the criminal detention facility review committee's district for compliance with the standards as established under § 12-26-103 .

(B) This subdivision (2) does not prevent a committee member from visiting or inspecting a criminal detention facility or juvenile detention facility as part of the review process;

(3) Advise government officials and other appropriate persons of deficiencies in the criminal detention facilities and juvenile detention facilities and make recommendations for improvements;

(4) Review and approve plans for the construction and major modification or renovation of the criminal detention facilities and juvenile detention facilities; and

(5) Perform such other duties as may be necessary to carry out the policy of the state regarding criminal detention facilities and juvenile detention facilities.

Amended by Act 2021, No. 685,§ 2, eff. 7/28/2021.

Amended by Act 2017, No. 153,§ 5, eff. 1/1/2019.

Amended by Act 2017, No. 250,§ 17, eff. 8/1/2017.

Acts 1983, No. 741, § 6; A.S.A. 1947, § 46-1215; Acts 1989, No. 515, § 2.
Ark. Code Ann. § 12-61-116 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-116
Excuse from duty
Status: in_force

(a) The officer ordering any military duty shall have the power to excuse any officer or enlisted person for absence therefrom upon good and sufficient grounds. (b) The Governor, or commanding general of the National Guard with the approval of the Governor, may relieve any organization of the militia on active duty from the further performance of such duty and may order any other organization to perform such duty. (c) However, the provisions of this section shall not curtail the rights of commanding officers to grant leaves of absence and furloughs as provided by rules unless they are specifically modified by orders from superior authority. Amended by Act 2019, No. 315,§ 922, eff. 7/24/2019. Acts 1969, No. 50, § 19; 1985, No. 670, § 2; A.S.A. 1947, § 11-119.

(a) The officer ordering any military duty shall have the power to excuse any officer or enlisted person for absence therefrom upon good and sufficient grounds.

(b) The Governor, or commanding general of the National Guard with the approval of the Governor, may relieve any organization of the militia on active duty from the further performance of such duty and may order any other organization to perform such duty.

(c) However, the provisions of this section shall not curtail the rights of commanding officers to grant leaves of absence and furloughs as provided by rules unless they are specifically modified by orders from superior authority.

Amended by Act 2019, No. 315,§ 922, eff. 7/24/2019.

Acts 1969, No. 50, § 19; 1985, No. 670, § 2; A.S.A. 1947, § 11-119.
Ark. Code Ann. § 12-41-104 — AR Code / Title 12 / Chapter 41 / Subchapter 1 / Section 12-41-104
Emergency furloughs
Status: in_force

Under rules prescribed by the county sheriff or chief of police, and approved by the county quorum court or city legislative body, the county sheriff or chief of police may authorize emergency furloughs, under reasonable conditions, for inmates for occasions such as serious illness or death of a member of the inmate's family or other proper emergency. Acts 1979, No. 639, § 5; A.S.A. 1947, § 46-428.

Under rules prescribed by the county sheriff or chief of police, and approved by the county quorum court or city legislative body, the county sheriff or chief of police may authorize emergency furloughs, under reasonable conditions, for inmates for occasions such as serious illness or death of a member of the inmate's family or other proper emergency.

Acts 1979, No. 639, § 5; A.S.A. 1947, § 46-428.
Ark. Code Ann. § 12-15-207 — AR Code / Title 12 / Chapter 15 / Subchapter 2 / Section 12-15-207
Eligibility to carry concealed handgun - Current or former judge or justice
Status: in_force

(a) A concealed handgun may be carried by a current or former district court judge, circuit court judge, Court of Appeals judge, or Supreme Court justice who: (1) Is not otherwise prohibited under federal law from receiving or possessing a firearm; and (2) Is not under the influence of or consuming alcohol or another intoxicating or hallucinatory drug or substance. (b) A current or former district court judge, circuit court judge, Court of Appeals judge, or Supreme Court justice carrying a concealed handgun under this section is not subject to the prohibitions and limitations of § 5-73-306 . Added by Act 2023, No. 176,§ 5, eff. 8/1/2023.

(a) A concealed handgun may be carried by a current or former district court judge, circuit court judge, Court of Appeals judge, or Supreme Court justice who: (1) Is not otherwise prohibited under federal law from receiving or possessing a firearm; and (2) Is not under the influence of or consuming alcohol or another intoxicating or hallucinatory drug or substance.

(1) Is not otherwise prohibited under federal law from receiving or possessing a firearm; and

(2) Is not under the influence of or consuming alcohol or another intoxicating or hallucinatory drug or substance.

(b) A current or former district court judge, circuit court judge, Court of Appeals judge, or Supreme Court justice carrying a concealed handgun under this section is not subject to the prohibitions and limitations of § 5-73-306 .

Added by Act 2023, No. 176,§ 5, eff. 8/1/2023.
Ark. Code Ann. § 12-29-205 — AR Code / Title 12 / Chapter 29 / Subchapter 2 / Section 12-29-205
Good time earned pending transfer to Division of Correction or Division of Community Correction
Status: in_force

(a) (1) Any person who is sentenced by a circuit court to the Division of Correction or the Division of Community Correction and is awaiting transfer to the Division of Correction or Division of Community Correction may earn meritorious good time in accordance with law and rules as adopted by the Board of Corrections. (2) Meritorious good time will only be given for being housed in a jail or similar secure facility while awaiting transfer on the conviction resulting in a sentence from that county. (3) Meritorious good time will be calculated upon reception within the respective division. (b) Meritorious good time will be awarded unless the county sheriff of record submits written objections to such award based on the prisoner's behavior, discipline, and the conduct or performance of such duties and responsibilities as assigned by such county sheriff or his or her designated representatives. (c) This meritorious good time award is subject to all rules regarding meritorious good time including, but not limited to, those rules for forfeiture of meritorious good time as adopted by the board. Amended by Act 2019, No. 315,§ 900, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 899, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 796, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 795, eff. 7/1/2019. Acts 1993, No. 536, § 5; 1993, No. 558, § 5.

(a) (1) Any person who is sentenced by a circuit court to the Division of Correction or the Division of Community Correction and is awaiting transfer to the Division of Correction or Division of Community Correction may earn meritorious good time in accordance with law and rules as adopted by the Board of Corrections. (2) Meritorious good time will only be given for being housed in a jail or similar secure facility while awaiting transfer on the conviction resulting in a sentence from that county. (3) Meritorious good time will be calculated upon reception within the respective division.

(1) Any person who is sentenced by a circuit court to the Division of Correction or the Division of Community Correction and is awaiting transfer to the Division of Correction or Division of Community Correction may earn meritorious good time in accordance with law and rules as adopted by the Board of Corrections.

(2) Meritorious good time will only be given for being housed in a jail or similar secure facility while awaiting transfer on the conviction resulting in a sentence from that county.

(3) Meritorious good time will be calculated upon reception within the respective division.

(b) Meritorious good time will be awarded unless the county sheriff of record submits written objections to such award based on the prisoner's behavior, discipline, and the conduct or performance of such duties and responsibilities as assigned by such county sheriff or his or her designated representatives.

(c) This meritorious good time award is subject to all rules regarding meritorious good time including, but not limited to, those rules for forfeiture of meritorious good time as adopted by the board.

Amended by Act 2019, No. 315,§ 900, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 899, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 796, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 795, eff. 7/1/2019.

Acts 1993, No. 536, § 5; 1993, No. 558, § 5.
Ark. Code Ann. § 12-42-101 — AR Code / Title 12 / Chapter 42 / Section 12-42-101
Definition
Status: in_force

As used in §§ 12-42-109 , 12-42-110 , 12-42-112 , 12-42-113 , and 12-42-115 , "county inmates" means persons convicted of misdemeanors or petty offenses and committed to jail in default of the payment of the fine and costs adjudged against them. Amended by Act 2013, No. 295,§ 7, eff. 8/16/2013. Acts 1877, No. 73, § 14, p. 73; C. & M. Dig., § 2059; Pope's Dig., § 2661; A.S.A. 1947, § 46-519.

As used in §§ 12-42-109 , 12-42-110 , 12-42-112 , 12-42-113 , and 12-42-115 , "county inmates" means persons convicted of misdemeanors or petty offenses and committed to jail in default of the payment of the fine and costs adjudged against them.

Amended by Act 2013, No. 295,§ 7, eff. 8/16/2013.

Acts 1877, No. 73, § 14, p. 73; C. & M. Dig., § 2059; Pope's Dig., § 2661; A.S.A. 1947, § 46-519.
Ark. Code Ann. § 12-13-303 — AR Code / Title 12 / Chapter 13 / Subchapter 3 / Section 12-13-303
Disclosure of information
Status: in_force

(a) Any authorized agency may, in writing, require the insurer at interest to release to the requesting agency relevant information relating to the fire loss in question which may include, but is not limited to: (1) Policy premium payment records; (2) History of previous claims made by the insured; and (3) Material relating to the insurer's investigation of the fire loss. (b) (1) Any insurer having reason to believe that a fire loss in which it has an interest may be of other than accidental cause shall, in writing, notify an authorized agency of the finding. (2) When an insurer notifies any one (1) of the authorized agencies pursuant to this subchapter, it shall be sufficient notice for the purpose of this subchapter. (3) Nothing in this subsection shall abrogate or impair the rights or powers created under subsection (a) of this section. (c) The authorized agency provided with information pursuant to subsection (a) or subsection (b) of this section and in furtherance of its own purposes may release or provide the information to any other authorized agency of this or another state, or of the United States to the extent that its disclosure or use is relevant to a loss by fire of real or personal property which is under investigation by the authorized agency. (d) (1) When an insurer enters into a contract of insurance against fire loss with the insured, the requirements of this subchapter must be disclosed in writing to the insured. (2) Any insurer providing information to an authorized agency pursuant to this subchapter shall notify its insured in writing of such an action no later than ninety (90) days after the action has been taken. A copy of the report furnished the authorized agency shall be furnished to the insured upon the commencement of civil action or criminal prosecution. (e) Any insurer, or a person acting on its behalf, shall be immune from liability in any civil or criminal proceeding for any statement made or action required by this subchapter when actual malice on the part of the insurer or its representative is not present. Acts 1981, No. 123, § 3; 1983, No. 415, § 1; A.S.A. 1947, § 66-5603.

(a) Any authorized agency may, in writing, require the insurer at interest to release to the requesting agency relevant information relating to the fire loss in question which may include, but is not limited to: (1) Policy premium payment records; (2) History of previous claims made by the insured; and (3) Material relating to the insurer's investigation of the fire loss.

(1) Policy premium payment records;

(2) History of previous claims made by the insured; and

(3) Material relating to the insurer's investigation of the fire loss.

(b) (1) Any insurer having reason to believe that a fire loss in which it has an interest may be of other than accidental cause shall, in writing, notify an authorized agency of the finding. (2) When an insurer notifies any one (1) of the authorized agencies pursuant to this subchapter, it shall be sufficient notice for the purpose of this subchapter. (3) Nothing in this subsection shall abrogate or impair the rights or powers created under subsection (a) of this section.

(1) Any insurer having reason to believe that a fire loss in which it has an interest may be of other than accidental cause shall, in writing, notify an authorized agency of the finding.

(2) When an insurer notifies any one (1) of the authorized agencies pursuant to this subchapter, it shall be sufficient notice for the purpose of this subchapter.

(3) Nothing in this subsection shall abrogate or impair the rights or powers created under subsection (a) of this section.

(c) The authorized agency provided with information pursuant to subsection (a) or subsection (b) of this section and in furtherance of its own purposes may release or provide the information to any other authorized agency of this or another state, or of the United States to the extent that its disclosure or use is relevant to a loss by fire of real or personal property which is under investigation by the authorized agency.

(d) (1) When an insurer enters into a contract of insurance against fire loss with the insured, the requirements of this subchapter must be disclosed in writing to the insured. (2) Any insurer providing information to an authorized agency pursuant to this subchapter shall notify its insured in writing of such an action no later than ninety (90) days after the action has been taken. A copy of the report furnished the authorized agency shall be furnished to the insured upon the commencement of civil action or criminal prosecution.

(1) When an insurer enters into a contract of insurance against fire loss with the insured, the requirements of this subchapter must be disclosed in writing to the insured.

(2) Any insurer providing information to an authorized agency pursuant to this subchapter shall notify its insured in writing of such an action no later than ninety (90) days after the action has been taken. A copy of the report furnished the authorized agency shall be furnished to the insured upon the commencement of civil action or criminal prosecution.

(e) Any insurer, or a person acting on its behalf, shall be immune from liability in any civil or criminal proceeding for any statement made or action required by this subchapter when actual malice on the part of the insurer or its representative is not present.

Acts 1981, No. 123, § 3; 1983, No. 415, § 1; A.S.A. 1947, § 66-5603.
Ark. Code Ann. § 12-13-105 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-105
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 12, eff. 7/1/2023. Amended by Act 2015, No. 961,§ 1, eff. 7/22/2015. Acts 1981, No. 540, § 12; A.S.A. 1947, § 5-914.2.

Repealed by Act 2023, No. 841,§ 12, eff. 7/1/2023.

Amended by Act 2015, No. 961,§ 1, eff. 7/22/2015.

Acts 1981, No. 540, § 12; A.S.A. 1947, § 5-914.2.
Ark. Code Ann. § 12-27-201 — AR Code / Title 12 / Chapter 27 / Subchapter 2 / Section 12-27-201
Title
Status: in_force

This subchapter shall be known as the "Pay-for-Success Act". Added by Act 2015, No. 895,§ 9, eff. 4/1/2015.

This subchapter shall be known as the "Pay-for-Success Act".

Added by Act 2015, No. 895,§ 9, eff. 4/1/2015.
Ark. Code Ann. § 12-87-106 — AR Code / Title 12 / Chapter 87 / Section 12-87-106
Recognition of volunteer health practitioners licensed in other states
Status: in_force

(a) While an emergency declaration is in effect, a volunteer health practitioner, registered with a registration system that complies with § 12-87-105 and licensed and in good standing in the state upon which the practitioner's registration is based, may practice in this state to the extent authorized by this chapter as if the practitioner were licensed in this state. (b) A volunteer health practitioner qualified under subsection (a) is not entitled to the protections of this chapter if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked, or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction. Acts 2009, No. 432, § 1.

(a) While an emergency declaration is in effect, a volunteer health practitioner, registered with a registration system that complies with § 12-87-105 and licensed and in good standing in the state upon which the practitioner's registration is based, may practice in this state to the extent authorized by this chapter as if the practitioner were licensed in this state.

(b) A volunteer health practitioner qualified under subsection (a) is not entitled to the protections of this chapter if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked, or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-79-105 — AR Code / Title 12 / Chapter 79 / Section 12-79-105
Accidents or incidents
Status: in_force

Any fixed facility operator or any transporter involved in an accident or incident during refining, manufacturing, processing, storage, loading, unloading, transporting, or a related activity which involves the release of hazardous and toxic materials into the environment or any public safety emergency first responders from the local, state, or federal level, who have confirmed that the incident or accident has not been previously reported to the State Emergency Operations Center shall report immediately, by telephone, radio, or the most expeditious means available to the center any incident or accident which: (1) Involves a fatality due to fire, explosion, or exposure to any hazardous and toxic materials; (2) Results in the hospitalization of any person due to fire, explosion, or exposure to any hazardous and toxic materials; (3) Results in a continuing danger to life, health, or property at the place of the accident or incident; and (4) Results in the release of hazardous and toxic materials, in any amount, by any transporter onto public or private property, including roads, highways, or thoroughfares maintained by local, state, and federal government entities and upon regulated commerce rights-of-way. Acts 1991, No. 917, § 5.

Any fixed facility operator or any transporter involved in an accident or incident during refining, manufacturing, processing, storage, loading, unloading, transporting, or a related activity which involves the release of hazardous and toxic materials into the environment or any public safety emergency first responders from the local, state, or federal level, who have confirmed that the incident or accident has not been previously reported to the State Emergency Operations Center shall report immediately, by telephone, radio, or the most expeditious means available to the center any incident or accident which:

(1) Involves a fatality due to fire, explosion, or exposure to any hazardous and toxic materials;

(2) Results in the hospitalization of any person due to fire, explosion, or exposure to any hazardous and toxic materials;

(3) Results in a continuing danger to life, health, or property at the place of the accident or incident; and

(4) Results in the release of hazardous and toxic materials, in any amount, by any transporter onto public or private property, including roads, highways, or thoroughfares maintained by local, state, and federal government entities and upon regulated commerce rights-of-way.

Acts 1991, No. 917, § 5.
Ark. Code Ann. § 12-27-151 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-151
Juvenile sex offender assessments
Status: in_force

The Division of Correction may enter into a cooperative agreement with a qualified state treatment and assessment agency to conduct assessments of juveniles in the custody of the division who are required to register as sex offenders under § 9-27-356 and pay for services upon receipt of invoice. Added by Act 2023, No. 890,§ 25, eff. 7/1/2023.

The Division of Correction may enter into a cooperative agreement with a qualified state treatment and assessment agency to conduct assessments of juveniles in the custody of the division who are required to register as sex offenders under § 9-27-356 and pay for services upon receipt of invoice.

Added by Act 2023, No. 890,§ 25, eff. 7/1/2023.
Ark. Code Ann. § 12-12-1806 — AR Code / Title 12 / Chapter 12 / Subchapter 18 / Section 12-12-1806
Use of data and data-derived evidence
Status: in_force

Captured plate data and evidence derived from it shall not be received in evidence in any trial, hearing, or other proceeding before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or a political subdivision of the state if the disclosure of that information would be in violation of this subchapter. Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.

Captured plate data and evidence derived from it shall not be received in evidence in any trial, hearing, or other proceeding before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or a political subdivision of the state if the disclosure of that information would be in violation of this subchapter.

Added by Act 2013, No. 1491,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 12-9-119 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-119
Behavioral health crisis intervention training
Status: in_force

(a) (1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, a law enforcement officer enrolled in a commission-certified basic police training academy shall complete at least sixteen (16) hours of training relating to behavioral health crisis intervention in a law enforcement context. (2) Practicum training is sufficient for the requirement under subdivision (a)(1) of this section. (b) Training under subsection (a) of this section shall include without limitation: (1) The dynamics of relating to an individual: (A) With a behavioral health impairment as defined in § 20-47-803 ; (B) Who has demonstrated a substantial likelihood of committing bodily harm against himself or herself; (C) Who has demonstrated a substantial likelihood of committing bodily harm against another person; or (D) Who is under the influence of alcohol or a controlled substance to the extent that the individual's judgment and decision-making process is impaired; (2) Available mental health service providers and support services; (3) The voluntary and involuntary commitment process; (4) Law enforcement interaction with hospitals, mental health professionals, the judiciary, and the mental health services community; and (5) Practices to promote the safety of law enforcement officers and the public. (c) The commission shall certify: (1) Specialized training for qualified law enforcement officers of at least eight (8) hours; and (2) (A) Crisis intervention team training of at least forty (40) hours taught over five (5) consecutive days. (B) Crisis intervention team training under subdivision (c)(2)(A) of this section shall emphasize understanding of behavioral impairments and mental illnesses and shall incorporate the development of communication skills, practical experience, and role-playing. (C) Participants in the crisis intervention team training under subdivision (c)(2)(A) of this section shall be introduced to mental health professionals, consumers, and family members in both the classroom and through onsite visits. (d) (1) A local law enforcement agency, including a county sheriff's office, but not a municipal law enforcement agency that employs less than ten (10) full-time law enforcement officers, shall employ at least one (1) law enforcement officer who has completed within eighteen (18) months of August 1, 2017, the crisis intervention team training as described under subdivision (c)(2) of this section. (2) A local law enforcement agency, including a county sheriff's office, is encouraged to: (A) Have at least twenty percent (20%) of the certified law enforcement officers that it employs complete the crisis intervention team training offered under subdivision (c)(2) of this section; (B) Develop and implement a model policy addressing law enforcement response to persons affected by a behavioral impairment; and (C) Establish a clearly defined and sustainable partnership with one (1) or more community mental health organizations. (e) All training required under this section and the curriculum for the training shall be developed by the Division of Law Enforcement Standards and Training, in collaboration with the Criminal Justice Institute. Amended by Act 2019, No. 910,§ 5820, eff. 7/1/2019. Added by Act 2017, No. 423,§ 7, eff. 8/1/2017.

(a) (1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, a law enforcement officer enrolled in a commission-certified basic police training academy shall complete at least sixteen (16) hours of training relating to behavioral health crisis intervention in a law enforcement context. (2) Practicum training is sufficient for the requirement under subdivision (a)(1) of this section.

(1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, a law enforcement officer enrolled in a commission-certified basic police training academy shall complete at least sixteen (16) hours of training relating to behavioral health crisis intervention in a law enforcement context.

(2) Practicum training is sufficient for the requirement under subdivision (a)(1) of this section.

(b) Training under subsection (a) of this section shall include without limitation: (1) The dynamics of relating to an individual: (A) With a behavioral health impairment as defined in § 20-47-803 ; (B) Who has demonstrated a substantial likelihood of committing bodily harm against himself or herself; (C) Who has demonstrated a substantial likelihood of committing bodily harm against another person; or (D) Who is under the influence of alcohol or a controlled substance to the extent that the individual's judgment and decision-making process is impaired; (2) Available mental health service providers and support services; (3) The voluntary and involuntary commitment process; (4) Law enforcement interaction with hospitals, mental health professionals, the judiciary, and the mental health services community; and (5) Practices to promote the safety of law enforcement officers and the public.

(1) The dynamics of relating to an individual: (A) With a behavioral health impairment as defined in § 20-47-803 ; (B) Who has demonstrated a substantial likelihood of committing bodily harm against himself or herself; (C) Who has demonstrated a substantial likelihood of committing bodily harm against another person; or (D) Who is under the influence of alcohol or a controlled substance to the extent that the individual's judgment and decision-making process is impaired;

(A) With a behavioral health impairment as defined in § 20-47-803 ;

(B) Who has demonstrated a substantial likelihood of committing bodily harm against himself or herself;

(C) Who has demonstrated a substantial likelihood of committing bodily harm against another person; or

(D) Who is under the influence of alcohol or a controlled substance to the extent that the individual's judgment and decision-making process is impaired;

(2) Available mental health service providers and support services;

(3) The voluntary and involuntary commitment process;

(4) Law enforcement interaction with hospitals, mental health professionals, the judiciary, and the mental health services community; and

(5) Practices to promote the safety of law enforcement officers and the public.

(c) The commission shall certify: (1) Specialized training for qualified law enforcement officers of at least eight (8) hours; and (2) (A) Crisis intervention team training of at least forty (40) hours taught over five (5) consecutive days. (B) Crisis intervention team training under subdivision (c)(2)(A) of this section shall emphasize understanding of behavioral impairments and mental illnesses and shall incorporate the development of communication skills, practical experience, and role-playing. (C) Participants in the crisis intervention team training under subdivision (c)(2)(A) of this section shall be introduced to mental health professionals, consumers, and family members in both the classroom and through onsite visits.

(1) Specialized training for qualified law enforcement officers of at least eight (8) hours; and

(2) (A) Crisis intervention team training of at least forty (40) hours taught over five (5) consecutive days. (B) Crisis intervention team training under subdivision (c)(2)(A) of this section shall emphasize understanding of behavioral impairments and mental illnesses and shall incorporate the development of communication skills, practical experience, and role-playing. (C) Participants in the crisis intervention team training under subdivision (c)(2)(A) of this section shall be introduced to mental health professionals, consumers, and family members in both the classroom and through onsite visits.

(A) Crisis intervention team training of at least forty (40) hours taught over five (5) consecutive days.

(B) Crisis intervention team training under subdivision (c)(2)(A) of this section shall emphasize understanding of behavioral impairments and mental illnesses and shall incorporate the development of communication skills, practical experience, and role-playing.

(C) Participants in the crisis intervention team training under subdivision (c)(2)(A) of this section shall be introduced to mental health professionals, consumers, and family members in both the classroom and through onsite visits.

(d) (1) A local law enforcement agency, including a county sheriff's office, but not a municipal law enforcement agency that employs less than ten (10) full-time law enforcement officers, shall employ at least one (1) law enforcement officer who has completed within eighteen (18) months of August 1, 2017, the crisis intervention team training as described under subdivision (c)(2) of this section. (2) A local law enforcement agency, including a county sheriff's office, is encouraged to: (A) Have at least twenty percent (20%) of the certified law enforcement officers that it employs complete the crisis intervention team training offered under subdivision (c)(2) of this section; (B) Develop and implement a model policy addressing law enforcement response to persons affected by a behavioral impairment; and (C) Establish a clearly defined and sustainable partnership with one (1) or more community mental health organizations.

(1) A local law enforcement agency, including a county sheriff's office, but not a municipal law enforcement agency that employs less than ten (10) full-time law enforcement officers, shall employ at least one (1) law enforcement officer who has completed within eighteen (18) months of August 1, 2017, the crisis intervention team training as described under subdivision (c)(2) of this section.

(2) A local law enforcement agency, including a county sheriff's office, is encouraged to: (A) Have at least twenty percent (20%) of the certified law enforcement officers that it employs complete the crisis intervention team training offered under subdivision (c)(2) of this section; (B) Develop and implement a model policy addressing law enforcement response to persons affected by a behavioral impairment; and (C) Establish a clearly defined and sustainable partnership with one (1) or more community mental health organizations.

(A) Have at least twenty percent (20%) of the certified law enforcement officers that it employs complete the crisis intervention team training offered under subdivision (c)(2) of this section;

(B) Develop and implement a model policy addressing law enforcement response to persons affected by a behavioral impairment; and

(C) Establish a clearly defined and sustainable partnership with one (1) or more community mental health organizations.

(e) All training required under this section and the curriculum for the training shall be developed by the Division of Law Enforcement Standards and Training, in collaboration with the Criminal Justice Institute.

Amended by Act 2019, No. 910,§ 5820, eff. 7/1/2019.

Added by Act 2017, No. 423,§ 7, eff. 8/1/2017.
Ark. Code Ann. § 12-29-113 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-113
Notice of escape to law enforcement officers - Penalty
Status: in_force

(a) (1) Whenever any inmate of the Department of Correction shall escape from its custody, it shall be the duty of the Director of the Department of Correction or his or her designee to immediately notify the appropriate law enforcement officers in the area where the escape took place. (2) Notification of law enforcement officers in other areas of the state as well as surrounding states will be made as deemed necessary by the department. (b) A violation of any provision of this section shall be a violation and shall be punished by a fine of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). Acts 1887, No. 113, §§ 1, 4, p. 203; C. & M. Dig., §§ 9690, 9708; Pope's Dig., §§ 12722, 12739; Acts 1967, No. 477, § 1; 1981, No. 56, § 1; A.S.A. 1947, §§ 46-160, 46-161; Acts 2005, No. 1994, § 78.

(a) (1) Whenever any inmate of the Department of Correction shall escape from its custody, it shall be the duty of the Director of the Department of Correction or his or her designee to immediately notify the appropriate law enforcement officers in the area where the escape took place. (2) Notification of law enforcement officers in other areas of the state as well as surrounding states will be made as deemed necessary by the department.

(1) Whenever any inmate of the Department of Correction shall escape from its custody, it shall be the duty of the Director of the Department of Correction or his or her designee to immediately notify the appropriate law enforcement officers in the area where the escape took place.

(2) Notification of law enforcement officers in other areas of the state as well as surrounding states will be made as deemed necessary by the department.

(b) A violation of any provision of this section shall be a violation and shall be punished by a fine of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).

Acts 1887, No. 113, §§ 1, 4, p. 203; C. & M. Dig., §§ 9690, 9708; Pope's Dig., §§ 12722, 12739; Acts 1967, No. 477, § 1; 1981, No. 56, § 1; A.S.A. 1947, §§ 46-160, 46-161; Acts 2005, No. 1994, § 78.
Ark. Code Ann. § 12-80-107 — AR Code / Title 12 / Chapter 80 / Section 12-80-107
Exemptions for roads and bridges
Status: in_force

None of the highway, road, street, or bridge facilities in this state shall be included in the requirements of this chapter. Acts 1995, No. 569, § 1.

None of the highway, road, street, or bridge facilities in this state shall be included in the requirements of this chapter.

Acts 1995, No. 569, § 1.
Ark. Code Ann. § 12-64-607 — AR Code / Title 12 / Chapter 64 / Subchapter 6 / Section 12-64-607
Execution of process and sentence
Status: in_force

(a) In the organized militia not in federal service, the processes and sentences of its courts-martial when issued may be executed by the civil officers prescribed by the laws of the state. (b) When the sentence of a court-martial adjudges confinement and the reviewing authority has approved the sentence in whole or in part, the reviewing authority or the commanding officer for the time being, as the case may be, shall issue a warrant of commitment to the sheriff of the county in which the court-martial was held directing the sheriff to take the body of the person so sentenced and confine him or her in the county jail of the county for the period named in the sentence, as approved, or until he or she may be directed to release him or her for proper authority. The confinement shall be carried out as prescribed for confinement in jail by the code of criminal procedure of this state. Amended by Act 2015, No. 1003,§ 26, eff. 7/22/2015. Acts 1969, No. 50, § 168; A.S.A. 1947, § 11-679.

(a) In the organized militia not in federal service, the processes and sentences of its courts-martial when issued may be executed by the civil officers prescribed by the laws of the state.

(b) When the sentence of a court-martial adjudges confinement and the reviewing authority has approved the sentence in whole or in part, the reviewing authority or the commanding officer for the time being, as the case may be, shall issue a warrant of commitment to the sheriff of the county in which the court-martial was held directing the sheriff to take the body of the person so sentenced and confine him or her in the county jail of the county for the period named in the sentence, as approved, or until he or she may be directed to release him or her for proper authority. The confinement shall be carried out as prescribed for confinement in jail by the code of criminal procedure of this state.

Amended by Act 2015, No. 1003,§ 26, eff. 7/22/2015.

Acts 1969, No. 50, § 168; A.S.A. 1947, § 11-679.