Ark. Code Ann. § 12-42-108 — AR Code / Title 12 / Chapter 42 / Section 12-42-108
Superintendent
Status: in_force

(a) In the event that the county court or county judge thereof shall order the prisoners to be worked on roads, bridges, levees, or other county improvements, it shall be the duty of the county court or county judge thereof to appoint some suitable person as superintendent to take charge of, manage, and control the labor of the prisoners, who shall, for the purpose of working them, be authorized to employ such guards or adopt such means to prevent escapes as may be necessary. (b) The superintendant shall have all the power of punishing for refusal to work given to contractors in this subchapter. (c) Upon the order of the county judge, the county sheriff shall deliver to the superintendent all prisoners in his or her custody and receive them back from him or her whenever he or she shall return them for any purpose to the jail. (d) The superintendent shall take an oath to faithfully discharge his or her duties and shall receive such compensation for his or her services as the court may fix. (e) The superintendant may be at any time removed by the county court or county judge, and another may be appointed by the county judge in vacation, subject to approval at the next term of the county court. Acts 1881, No. 81, § 12, p. 148; 1899, No. 111, § 2, p. 179; C. & M. Dig., §§ 2082, 2086; Pope's Dig., §§ 2684, 2688; A.S.A. 1947, §§ 46-506, 46-507.

(a) In the event that the county court or county judge thereof shall order the prisoners to be worked on roads, bridges, levees, or other county improvements, it shall be the duty of the county court or county judge thereof to appoint some suitable person as superintendent to take charge of, manage, and control the labor of the prisoners, who shall, for the purpose of working them, be authorized to employ such guards or adopt such means to prevent escapes as may be necessary.

(b) The superintendant shall have all the power of punishing for refusal to work given to contractors in this subchapter.

(c) Upon the order of the county judge, the county sheriff shall deliver to the superintendent all prisoners in his or her custody and receive them back from him or her whenever he or she shall return them for any purpose to the jail.

(d) The superintendent shall take an oath to faithfully discharge his or her duties and shall receive such compensation for his or her services as the court may fix.

(e) The superintendant may be at any time removed by the county court or county judge, and another may be appointed by the county judge in vacation, subject to approval at the next term of the county court.

Acts 1881, No. 81, § 12, p. 148; 1899, No. 111, § 2, p. 179; C. & M. Dig., §§ 2082, 2086; Pope's Dig., §§ 2684, 2688; A.S.A. 1947, §§ 46-506, 46-507.
Ark. Code Ann. § 12-9-122 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-122
Controlled substance overdose identification training - Definition
Status: in_force

(a) As used in this section, "naloxone" means a drug that is an analgesic antagonist used in the reversal of acute respiratory depression caused by opioid use. (b) (1) The Arkansas Commission on Law Enforcement Standards and Training in conjunction with the Arkansas Drug Director and the Criminal Justice Institute shall develop a curriculum for law enforcement training relating to identifying the signs that a person is experiencing an overdose of a controlled substance and the ways in which a law enforcement officer can safely assist the person who has overdosed. (2) A curriculum that is developed under subdivision (b)(1) of this section and certified by the commission shall be delivered to a student attending a basic law enforcement training course certified by the commission. (c) Training under subsection (b) of this section shall include without limitation: (1) The signs and symptoms of an overdose associated with the use of a controlled substance, including opioids; (2) First-responder treatment and triage for a controlled substance overdose situation; (3) First-responder safety considerations in a potential or actual controlled substance overdose situation; and (4) An overview of the role of naloxone in certain opioid overdose situations. (d) All law enforcement agencies are encouraged to develop a naloxone program by seeking assistance from the Arkansas Drug Director's office or the Criminal Justice Institute, or both. Added by Act 2019, No. 646,§ 1, eff. 7/24/2019.

(a) As used in this section, "naloxone" means a drug that is an analgesic antagonist used in the reversal of acute respiratory depression caused by opioid use.

(b) (1) The Arkansas Commission on Law Enforcement Standards and Training in conjunction with the Arkansas Drug Director and the Criminal Justice Institute shall develop a curriculum for law enforcement training relating to identifying the signs that a person is experiencing an overdose of a controlled substance and the ways in which a law enforcement officer can safely assist the person who has overdosed. (2) A curriculum that is developed under subdivision (b)(1) of this section and certified by the commission shall be delivered to a student attending a basic law enforcement training course certified by the commission.

(1) The Arkansas Commission on Law Enforcement Standards and Training in conjunction with the Arkansas Drug Director and the Criminal Justice Institute shall develop a curriculum for law enforcement training relating to identifying the signs that a person is experiencing an overdose of a controlled substance and the ways in which a law enforcement officer can safely assist the person who has overdosed.

(2) A curriculum that is developed under subdivision (b)(1) of this section and certified by the commission shall be delivered to a student attending a basic law enforcement training course certified by the commission.

(c) Training under subsection (b) of this section shall include without limitation: (1) The signs and symptoms of an overdose associated with the use of a controlled substance, including opioids; (2) First-responder treatment and triage for a controlled substance overdose situation; (3) First-responder safety considerations in a potential or actual controlled substance overdose situation; and (4) An overview of the role of naloxone in certain opioid overdose situations.

(1) The signs and symptoms of an overdose associated with the use of a controlled substance, including opioids;

(2) First-responder treatment and triage for a controlled substance overdose situation;

(3) First-responder safety considerations in a potential or actual controlled substance overdose situation; and

(4) An overview of the role of naloxone in certain opioid overdose situations.

(d) All law enforcement agencies are encouraged to develop a naloxone program by seeking assistance from the Arkansas Drug Director's office or the Criminal Justice Institute, or both.

Added by Act 2019, No. 646,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 12-18-609 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-609
Right to enter for the purposes of the investigation
Status: in_force

(a) A person conducting an investigation under this chapter shall have the right to enter into or upon a home, school, or any other place for the purpose of conducting the investigation and interviewing or completing the investigation. (b) (1) A publicly supported school, facility, or institution shall not deny access to any person conducting a child maltreatment investigation under this chapter. (2) Failure to comply with this section may subject the publicly supported school, facility, or institution to a contempt sanction and reimbursement of attorney's fees. (c) (1) If necessary access or admission is denied to a person conducting an investigation under this chapter, the Department of Human Services and the Department of Arkansas State Police may petition the proper juvenile division of circuit court for an ex parte order of investigation requiring the parent, caretaker, or persons denying access to any place where the child may be to allow entrance for the interviews, examinations, and investigations. (2) However, upon application to the court by the parents, caretaker, or persons denying access to the child showing good cause, the court may issue a written order to stay the order of investigation pending a hearing to be held within seventy-two (72) hours. Amended by Act 2015, No. 1004,§ 13, eff. 7/22/2015. Acts 2009, No. 749, § 1.

(a) A person conducting an investigation under this chapter shall have the right to enter into or upon a home, school, or any other place for the purpose of conducting the investigation and interviewing or completing the investigation.

(b) (1) A publicly supported school, facility, or institution shall not deny access to any person conducting a child maltreatment investigation under this chapter. (2) Failure to comply with this section may subject the publicly supported school, facility, or institution to a contempt sanction and reimbursement of attorney's fees.

(1) A publicly supported school, facility, or institution shall not deny access to any person conducting a child maltreatment investigation under this chapter.

(2) Failure to comply with this section may subject the publicly supported school, facility, or institution to a contempt sanction and reimbursement of attorney's fees.

(c) (1) If necessary access or admission is denied to a person conducting an investigation under this chapter, the Department of Human Services and the Department of Arkansas State Police may petition the proper juvenile division of circuit court for an ex parte order of investigation requiring the parent, caretaker, or persons denying access to any place where the child may be to allow entrance for the interviews, examinations, and investigations. (2) However, upon application to the court by the parents, caretaker, or persons denying access to the child showing good cause, the court may issue a written order to stay the order of investigation pending a hearing to be held within seventy-two (72) hours.

(1) If necessary access or admission is denied to a person conducting an investigation under this chapter, the Department of Human Services and the Department of Arkansas State Police may petition the proper juvenile division of circuit court for an ex parte order of investigation requiring the parent, caretaker, or persons denying access to any place where the child may be to allow entrance for the interviews, examinations, and investigations.

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

Amended by Act 2015, No. 1004,§ 13, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-51-603 — AR Code / Title 12 / Chapter 51 / Subchapter 6 / Section 12-51-603
Judicial enforcement
Status: in_force

(a) The Interstate Commission for Adult Offender Supervision may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the Federal District where the interstate commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. (b) In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. Acts 2001, No. 253, § 1.

(a) The Interstate Commission for Adult Offender Supervision may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the Federal District where the interstate commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default.

(b) In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-41-205 — AR Code / Title 12 / Chapter 41 / Subchapter 2 / Section 12-41-205
Use of center by courts
Status: in_force

(a) A circuit court or district court having jurisdiction in the county or municipality in which a part of the justice center is located may maintain offices and courtrooms and hold proceedings at the center. (b) (1) A court of this state may not hold proceedings in the part of the center located in the other state. (2) Courts of the other state may hold proceedings in the part of the center in this state if so authorized by the other state. Acts 1981, No. 696, § 2; A.S.A. 1947, § 46-1602.

(a) A circuit court or district court having jurisdiction in the county or municipality in which a part of the justice center is located may maintain offices and courtrooms and hold proceedings at the center.

(b) (1) A court of this state may not hold proceedings in the part of the center located in the other state. (2) Courts of the other state may hold proceedings in the part of the center in this state if so authorized by the other state.

(1) A court of this state may not hold proceedings in the part of the center located in the other state.

(2) Courts of the other state may hold proceedings in the part of the center in this state if so authorized by the other state.

Acts 1981, No. 696, § 2; A.S.A. 1947, § 46-1602.
Ark. Code Ann. § 12-41-703 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-703
Adoption of ordinance
Status: in_force

Any county quorum court or governing body of a municipality or public instrumentality desiring to construct, renovate, or expand a jail in the manner authorized in this subchapter may adopt an ordinance or resolution to establish a county jail board, municipal jail board, or public instrumentality jail board and to authorize the board to issue revenue bonds to construct, renovate, or expand the jail in the manner authorized in this subchapter. Acts 1983, No. 918, § 8; A.S.A. 1947, § 46-454; Acts 2003, No. 1772, § 1.

Any county quorum court or governing body of a municipality or public instrumentality desiring to construct, renovate, or expand a jail in the manner authorized in this subchapter may adopt an ordinance or resolution to establish a county jail board, municipal jail board, or public instrumentality jail board and to authorize the board to issue revenue bonds to construct, renovate, or expand the jail in the manner authorized in this subchapter.

Acts 1983, No. 918, § 8; A.S.A. 1947, § 46-454; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-10-312 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-312
[Repealed]
Status: repealed

Repealed by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 9; A.S.A. 1947, § 73-1830; Acts 2005, No. 1962, § 31.

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

Acts 1985, No. 683, § 9; A.S.A. 1947, § 73-1830; Acts 2005, No. 1962, § 31.
Ark. Code Ann. § 12-85-102 — AR Code / Title 12 / Chapter 85 / Section 12-85-102
Terms of leave
Status: in_force

(a) An employee of a state agency or an employee of a state-supported institution of higher learning may be granted leave from work with pay for not more than fifteen (15) working days in any calendar year to participate in specialized disaster relief, without loss of seniority, pay, annual leave, sick leave, compensatory time, offset time, or overtime wages if the employee: (1) Is trained and certified as a disaster service volunteer by the American Red Cross; (2) Has specialized disaster relief services that are requested by the American Red Cross in connection with a disaster; and (3) Obtains consent from the chief executive officer of his or her state agency or state-supported institution of higher learning. (b) The state agency or state-supported institution of higher learning shall compensate an employee granted leave under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from work. (c) Leave under this subchapter shall be granted only for disaster relief services occurring within the State of Arkansas or for disaster relief services occurring within states contiguous to the State of Arkansas. (d) An employee deemed to be on leave under this chapter shall not be deemed to be an employee of the state or of a state-supported institution of higher learning for purposes of workers' compensation. Acts 1997, No. 268, § 2; 1999, No. 383, § 1; 1999, No. 489, § 1.

(a) An employee of a state agency or an employee of a state-supported institution of higher learning may be granted leave from work with pay for not more than fifteen (15) working days in any calendar year to participate in specialized disaster relief, without loss of seniority, pay, annual leave, sick leave, compensatory time, offset time, or overtime wages if the employee: (1) Is trained and certified as a disaster service volunteer by the American Red Cross; (2) Has specialized disaster relief services that are requested by the American Red Cross in connection with a disaster; and (3) Obtains consent from the chief executive officer of his or her state agency or state-supported institution of higher learning.

(1) Is trained and certified as a disaster service volunteer by the American Red Cross;

(2) Has specialized disaster relief services that are requested by the American Red Cross in connection with a disaster; and

(3) Obtains consent from the chief executive officer of his or her state agency or state-supported institution of higher learning.

(b) The state agency or state-supported institution of higher learning shall compensate an employee granted leave under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from work.

(c) Leave under this subchapter shall be granted only for disaster relief services occurring within the State of Arkansas or for disaster relief services occurring within states contiguous to the State of Arkansas.

(d) An employee deemed to be on leave under this chapter shall not be deemed to be an employee of the state or of a state-supported institution of higher learning for purposes of workers' compensation.

Acts 1997, No. 268, § 2; 1999, No. 383, § 1; 1999, No. 489, § 1.
Ark. Code Ann. § 12-12-311 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-311
Cooperation by others required - Tort immunity
Status: in_force

(a) (1) All law enforcement officers and other state, county, and city officials, as well as private citizens, shall fully cooperate with the staff of the State Crime Laboratory in making any investigation provided for or authorized in this subchapter. (2) (A) The prosecuting attorney for each judicial district shall provide the laboratory each month with a list of cases having been adjudicated through plea negotiations and which require no further laboratory analysis. (B) The monthly list shall contain the laboratory case number and will be used by the laboratory for the purpose of returning evidence on which analysis is no longer necessary, thus reducing the backlog of cases found on the evidence shelves at the laboratory. (3) Nothing in this subchapter shall impair the authority of the prosecuting attorney to require further analysis of evidence in any case having been adjudicated through plea negotiations. (4) (A) Upon completion of all requested analysis of submitted evidence by the laboratory, the evidence shall be returned to the submitting agency within thirty (30) days. (B) The submitting agency shall maintain and store evidence until released by a court of competent jurisdiction or the prosecuting attorney. (b) Any physician or other person in attendance or present at the death of a person, or any hospital, if death occurs therein and results from such conditions and circumstances as set out in § 12-12-315 , shall promptly notify the chief law enforcement official of the county or municipality which shall have jurisdiction and the laboratory of the death and shall assist in making available dead bodies and related evidence as may be requested by the Director of the State Crime Laboratory or his or her staff or by the law enforcement agency conducting the investigation. (c) Any physician, surgeon, dentist, hospital, or other supplier of healthcare services shall cooperate and make available to the director or his or her staff the records, reports, charts, specimens, or X-rays of the deceased as may be requested where death occurs and an investigation is being conducted under the provisions of this subchapter. (d) No person, institution, or office in this state which shall make available information or material under this section shall be liable for violating any criminal law of this state, nor shall any person, institution, or office be held liable in tort for compliance with this section. Amended by Act 2019, No. 910,§ 5847, eff. 7/1/2019. Acts 1979, No. 864, § 12; A.S.A. 1947, § 42-1214; Acts 1999, No. 767, § 1.

(a) (1) All law enforcement officers and other state, county, and city officials, as well as private citizens, shall fully cooperate with the staff of the State Crime Laboratory in making any investigation provided for or authorized in this subchapter. (2) (A) The prosecuting attorney for each judicial district shall provide the laboratory each month with a list of cases having been adjudicated through plea negotiations and which require no further laboratory analysis. (B) The monthly list shall contain the laboratory case number and will be used by the laboratory for the purpose of returning evidence on which analysis is no longer necessary, thus reducing the backlog of cases found on the evidence shelves at the laboratory. (3) Nothing in this subchapter shall impair the authority of the prosecuting attorney to require further analysis of evidence in any case having been adjudicated through plea negotiations. (4) (A) Upon completion of all requested analysis of submitted evidence by the laboratory, the evidence shall be returned to the submitting agency within thirty (30) days. (B) The submitting agency shall maintain and store evidence until released by a court of competent jurisdiction or the prosecuting attorney.

(1) All law enforcement officers and other state, county, and city officials, as well as private citizens, shall fully cooperate with the staff of the State Crime Laboratory in making any investigation provided for or authorized in this subchapter.

(2) (A) The prosecuting attorney for each judicial district shall provide the laboratory each month with a list of cases having been adjudicated through plea negotiations and which require no further laboratory analysis. (B) The monthly list shall contain the laboratory case number and will be used by the laboratory for the purpose of returning evidence on which analysis is no longer necessary, thus reducing the backlog of cases found on the evidence shelves at the laboratory.

(A) The prosecuting attorney for each judicial district shall provide the laboratory each month with a list of cases having been adjudicated through plea negotiations and which require no further laboratory analysis.

(B) The monthly list shall contain the laboratory case number and will be used by the laboratory for the purpose of returning evidence on which analysis is no longer necessary, thus reducing the backlog of cases found on the evidence shelves at the laboratory.

(3) Nothing in this subchapter shall impair the authority of the prosecuting attorney to require further analysis of evidence in any case having been adjudicated through plea negotiations.

(4) (A) Upon completion of all requested analysis of submitted evidence by the laboratory, the evidence shall be returned to the submitting agency within thirty (30) days. (B) The submitting agency shall maintain and store evidence until released by a court of competent jurisdiction or the prosecuting attorney.

(A) Upon completion of all requested analysis of submitted evidence by the laboratory, the evidence shall be returned to the submitting agency within thirty (30) days.

(B) The submitting agency shall maintain and store evidence until released by a court of competent jurisdiction or the prosecuting attorney.

(b) Any physician or other person in attendance or present at the death of a person, or any hospital, if death occurs therein and results from such conditions and circumstances as set out in § 12-12-315 , shall promptly notify the chief law enforcement official of the county or municipality which shall have jurisdiction and the laboratory of the death and shall assist in making available dead bodies and related evidence as may be requested by the Director of the State Crime Laboratory or his or her staff or by the law enforcement agency conducting the investigation.

(c) Any physician, surgeon, dentist, hospital, or other supplier of healthcare services shall cooperate and make available to the director or his or her staff the records, reports, charts, specimens, or X-rays of the deceased as may be requested where death occurs and an investigation is being conducted under the provisions of this subchapter.

(d) No person, institution, or office in this state which shall make available information or material under this section shall be liable for violating any criminal law of this state, nor shall any person, institution, or office be held liable in tort for compliance with this section.

Amended by Act 2019, No. 910,§ 5847, eff. 7/1/2019.

Acts 1979, No. 864, § 12; A.S.A. 1947, § 42-1214; Acts 1999, No. 767, § 1.
Ark. Code Ann. § 12-63-101 — AR Code / Title 12 / Chapter 63 / Subchapter 1 / Section 12-63-101
Reciprocal agreements
Status: in_force

The Adjutant General is authorized to enter into reciprocal agreements with the Adjutant General of any surrounding state regarding the loan, lease, or exchange of Arkansas National Guard equipment under his or her authority and control. Acts 1992 (1st Ex. Sess.), No. 55, § 1.

The Adjutant General is authorized to enter into reciprocal agreements with the Adjutant General of any surrounding state regarding the loan, lease, or exchange of Arkansas National Guard equipment under his or her authority and control.

Acts 1992 (1st Ex. Sess.), No. 55, § 1.
Ark. Code Ann. § 12-30-301 — AR Code / Title 12 / Chapter 30 / Subchapter 3 / Section 12-30-301
Farming and livestock activities
Status: in_force

(a) The Division of Correction shall make maximum utilization of the farm lands of the various institutions of the division through the use of modern agricultural machinery, equipment, and technology in producing crops and livestock for use in feeding prisoners and for sale on the market to produce income for the maintenance and operation of the institutions of the division. (b) The Director of the Division of Correction, with the approval of the Board of Corrections, shall promulgate necessary rules for the operation of the farming and livestock activities of the various institutions of the division, the employment of personnel, the assignment of inmate labor, and other activities as may be reasonably necessary to accomplish the purposes as provided in this section. Amended by Act 2019, No. 315,§ 909, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 823, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 18; A.S.A. 1947, § 46-219.1.

(a) The Division of Correction shall make maximum utilization of the farm lands of the various institutions of the division through the use of modern agricultural machinery, equipment, and technology in producing crops and livestock for use in feeding prisoners and for sale on the market to produce income for the maintenance and operation of the institutions of the division.

(b) The Director of the Division of Correction, with the approval of the Board of Corrections, shall promulgate necessary rules for the operation of the farming and livestock activities of the various institutions of the division, the employment of personnel, the assignment of inmate labor, and other activities as may be reasonably necessary to accomplish the purposes as provided in this section.

Amended by Act 2019, No. 315,§ 909, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 823, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 18; A.S.A. 1947, § 46-219.1.
Ark. Code Ann. § 12-8-508 — AR Code / Title 12 / Chapter 8 / Subchapter 5 / Section 12-8-508
Provision of information and assistance
Status: in_force

Notwithstanding a rule to the contrary, upon request of a member of the General Assembly or legislative staff or upon request of a legislative committee, the Crimes Against Children Division of the Division of Arkansas State Police shall immediately provide information requested with respect to child welfare as contemplated under the Arkansas Child Welfare Public Accountability Act, § 9-32-201 et seq. Amended by Act 2019, No. 315,§ 850, eff. 7/24/2019. Acts 2001, No. 1727, § 6; 2005, No. 1466, § 4.

Notwithstanding a rule to the contrary, upon request of a member of the General Assembly or legislative staff or upon request of a legislative committee, the Crimes Against Children Division of the Division of Arkansas State Police shall immediately provide information requested with respect to child welfare as contemplated under the Arkansas Child Welfare Public Accountability Act, § 9-32-201 et seq.

Amended by Act 2019, No. 315,§ 850, eff. 7/24/2019.

Acts 2001, No. 1727, § 6; 2005, No. 1466, § 4.
Ark. Code Ann. § 12-19-104 — AR Code / Title 12 / Chapter 19 / Section 12-19-104
Law enforcement agency nonimmigrant visa certification
Status: in_force

(a) Each law enforcement agency shall adopt a policy for the completion and signing of T and U nonimmigrant visa certification forms for human trafficking victims. (b) The policy adopted under subsection (a) of this section shall include a requirement that a law enforcement official shall complete the certification no later than thirty (30) days after receipt of the request for certification. Added by Act 2015, No. 1138,§ 3, eff. 7/22/2015.

(a) Each law enforcement agency shall adopt a policy for the completion and signing of T and U nonimmigrant visa certification forms for human trafficking victims.

(b) The policy adopted under subsection (a) of this section shall include a requirement that a law enforcement official shall complete the certification no later than thirty (30) days after receipt of the request for certification.

Added by Act 2015, No. 1138,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 12-12-702 — AR Code / Title 12 / Chapter 12 / Subchapter 7 / Section 12-12-702
Warnings
Status: in_force

Prior to administering any psychological evaluation tests, the person to whom the test is administered must be warned prior to any questioning that: (1) He or she has a right to remain silent; (2) Anything he or she says can be used against him or her in a court of law; (3) He or she has the right to the presence of an attorney; and (4) If he or she cannot afford an attorney, one may be appointed for him or her prior to his or her questioning if he or she so desires. Acts 1975, No. 342, § 2; A.S.A. 1947, § 42-902.

Prior to administering any psychological evaluation tests, the person to whom the test is administered must be warned prior to any questioning that:

(1) He or she has a right to remain silent;

(2) Anything he or she says can be used against him or her in a court of law;

(3) He or she has the right to the presence of an attorney; and

(4) If he or she cannot afford an attorney, one may be appointed for him or her prior to his or her questioning if he or she so desires.

Acts 1975, No. 342, § 2; A.S.A. 1947, § 42-902.
Ark. Code Ann. § 12-41-616 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-616
Creation of rights
Status: in_force

This subchapter shall not create any right of any character, and no right of any character shall arise under the provisions of this subchapter, unless and until the bonds authorized by this subchapter, or the initial series, shall have been sold and delivered by the county jail board. Acts 1981, No. 879, § 14; A.S.A. 1947, § 46-442.

This subchapter shall not create any right of any character, and no right of any character shall arise under the provisions of this subchapter, unless and until the bonds authorized by this subchapter, or the initial series, shall have been sold and delivered by the county jail board.

Acts 1981, No. 879, § 14; A.S.A. 1947, § 46-442.
Ark. Code Ann. § 12-16-201 — AR Code / Title 12 / Chapter 16 / Subchapter 2 / Section 12-16-201
Drug and controlled substance laws - Multijurisdictional enforcement groups
Status: in_force

(a) A county bordering another state may enter into an agreement with the political subdivisions in such other state's contiguous county or parish pursuant to the Interlocal Cooperation Act, § 25-20-101 et seq., to form a multijurisdictional enforcement group for the enforcement of drug and controlled substance laws. (b) Such other state's law enforcement officers may be deputized as officers of the counties of this state participating in an agreement pursuant to this section and shall be deemed to have met all requirements of law enforcement officer training and certification pursuant to § 12-9-101 et seq. for the purposes of conducting investigations and making arrests in this state provided such officers have satisfied the applicable law enforcement officer training and certification standards in force in such other state. (c) The other state's law enforcement officers shall have the same powers and immunities when working under an agreement pursuant to this section as do law enforcement officers of this state. (d) A multijurisdictional enforcement group formed pursuant to this section is eligible to receive state grants to help defray the costs of its operation. (e) The provisions of subsections (b)-(d) of this section shall not be in force unless the other state has provided legal authority for its political subdivisions to enter into such agreements and to extend reciprocal powers and privileges to the law enforcement officers of this state working pursuant to such agreements. Acts 1999, No. 1483, § 1.

(a) A county bordering another state may enter into an agreement with the political subdivisions in such other state's contiguous county or parish pursuant to the Interlocal Cooperation Act, § 25-20-101 et seq., to form a multijurisdictional enforcement group for the enforcement of drug and controlled substance laws.

(b) Such other state's law enforcement officers may be deputized as officers of the counties of this state participating in an agreement pursuant to this section and shall be deemed to have met all requirements of law enforcement officer training and certification pursuant to § 12-9-101 et seq. for the purposes of conducting investigations and making arrests in this state provided such officers have satisfied the applicable law enforcement officer training and certification standards in force in such other state.

(c) The other state's law enforcement officers shall have the same powers and immunities when working under an agreement pursuant to this section as do law enforcement officers of this state.

(d) A multijurisdictional enforcement group formed pursuant to this section is eligible to receive state grants to help defray the costs of its operation.

(e) The provisions of subsections (b)-(d) of this section shall not be in force unless the other state has provided legal authority for its political subdivisions to enter into such agreements and to extend reciprocal powers and privileges to the law enforcement officers of this state working pursuant to such agreements.

Acts 1999, No. 1483, § 1.
Ark. Code Ann. § 12-51-802 — AR Code / Title 12 / Chapter 51 / Subchapter 8 / Section 12-51-802
Binding effect of the compact
Status: in_force

(a) All lawful actions of the Interstate Commission for Adult Offender Supervision, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states. (b) All agreements between the interstate commission and the compacting states are binding in accordance with their terms. (c) Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation. (d) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective. Acts 2001, No. 253, § 1.

(a) All lawful actions of the Interstate Commission for Adult Offender Supervision, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states.

(b) All agreements between the interstate commission and the compacting states are binding in accordance with their terms.

(c) Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.

(d) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-8-117 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-117
Purchasing evidence
Status: in_force

Upon approval by the Chief Fiscal Officer of the State, a warrant may be drawn against the State Treasury for the amount up to but not to exceed the appropriated amount and deposited into a bank account for the purpose of purchasing evidence. Acts 1981, No. 540, § 8; A.S.A. 1947, § 42-420.1.

Upon approval by the Chief Fiscal Officer of the State, a warrant may be drawn against the State Treasury for the amount up to but not to exceed the appropriated amount and deposited into a bank account for the purpose of purchasing evidence.

Acts 1981, No. 540, § 8; A.S.A. 1947, § 42-420.1.
Ark. Code Ann. § 12-27-110 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-110
Administrative headquarters
Status: in_force

The Board of Corrections shall locate the administrative headquarters of the Division of Correction and the Division of Community Correction at a suitable site or sites to be chosen by the board. Amended by Act 2021, No. 152,§ 2, eff. 7/28/2021. Acts 1973, No. 464, § 1; A.S.A. 1947, § 46-103.1; Acts 2001, No. 614, § 1.

The Board of Corrections shall locate the administrative headquarters of the Division of Correction and the Division of Community Correction at a suitable site or sites to be chosen by the board.

Amended by Act 2021, No. 152,§ 2, eff. 7/28/2021.

Acts 1973, No. 464, § 1; A.S.A. 1947, § 46-103.1; Acts 2001, No. 614, § 1.
Ark. Code Ann. § 12-87-104 — AR Code / Title 12 / Chapter 87 / Section 12-87-104
Regulation of services during emergency
Status: in_force

(a) While an emergency declaration is in effect, the Department of Health may limit, restrict, or otherwise regulate: (1) the duration of practice by volunteer health practitioners; (2) the geographical areas in which volunteer health practitioners may practice; (3) the types of volunteer health practitioners who may practice; and (4) any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency. (b) An order issued pursuant to subsection (a) may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall: (1) consult and coordinate its activities with the Department of Health to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and (2) comply with any laws other than this chapter relating to the management of emergency health or veterinary services, including the Emergency Medical Services Revolving Fund Act, § 20-13-101 et seq. Acts 2009, No. 432, § 1.

(a) While an emergency declaration is in effect, the Department of Health may limit, restrict, or otherwise regulate: (1) the duration of practice by volunteer health practitioners; (2) the geographical areas in which volunteer health practitioners may practice; (3) the types of volunteer health practitioners who may practice; and (4) any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.

(1) the duration of practice by volunteer health practitioners;

(2) the geographical areas in which volunteer health practitioners may practice;

(3) the types of volunteer health practitioners who may practice; and

(4) any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.

(b) An order issued pursuant to subsection (a) may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall: (1) consult and coordinate its activities with the Department of Health to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and (2) comply with any laws other than this chapter relating to the management of emergency health or veterinary services, including the Emergency Medical Services Revolving Fund Act, § 20-13-101 et seq.

(1) consult and coordinate its activities with the Department of Health to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and

(2) comply with any laws other than this chapter relating to the management of emergency health or veterinary services, including the Emergency Medical Services Revolving Fund Act, § 20-13-101 et seq.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-27-101 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-101
Purposes and construction of the Division of Correction
Status: in_force

(a) (1) The purpose of this act is to establish a Division of Correction that shall assume the custody, control, and management of the state penitentiary, execute the orders of criminal courts of the State of Arkansas, and provide for the custody, treatment, rehabilitation, and restoration of adult offenders as useful law-abiding citizens within the community. (2) The division shall be under the supervision and control of the Board of Corrections. (3) To accomplish the objectives and purposes of this act in an effective, coordinated, and uniform manner, the division shall be responsible for the maintenance, supervision, and administration of adult detention and correctional services of the state as determined by the board. (4) Institutions and services shall be diversified in program, construction, and staff to provide effectually and efficiently for the maximum custody, care, supervision, and treatment of those persons committed to the division. (b) This act shall be liberally construed so as to effectuate its purposes. Amended by Act 2019, No. 910,§ 728, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 1; A.S.A. 1947, § 46-100; Acts 1993, No. 549, § 1.

(a) (1) The purpose of this act is to establish a Division of Correction that shall assume the custody, control, and management of the state penitentiary, execute the orders of criminal courts of the State of Arkansas, and provide for the custody, treatment, rehabilitation, and restoration of adult offenders as useful law-abiding citizens within the community. (2) The division shall be under the supervision and control of the Board of Corrections. (3) To accomplish the objectives and purposes of this act in an effective, coordinated, and uniform manner, the division shall be responsible for the maintenance, supervision, and administration of adult detention and correctional services of the state as determined by the board. (4) Institutions and services shall be diversified in program, construction, and staff to provide effectually and efficiently for the maximum custody, care, supervision, and treatment of those persons committed to the division.

(1) The purpose of this act is to establish a Division of Correction that shall assume the custody, control, and management of the state penitentiary, execute the orders of criminal courts of the State of Arkansas, and provide for the custody, treatment, rehabilitation, and restoration of adult offenders as useful law-abiding citizens within the community.

(2) The division shall be under the supervision and control of the Board of Corrections.

(3) To accomplish the objectives and purposes of this act in an effective, coordinated, and uniform manner, the division shall be responsible for the maintenance, supervision, and administration of adult detention and correctional services of the state as determined by the board.

(4) Institutions and services shall be diversified in program, construction, and staff to provide effectually and efficiently for the maximum custody, care, supervision, and treatment of those persons committed to the division.

(b) This act shall be liberally construed so as to effectuate its purposes.

Amended by Act 2019, No. 910,§ 728, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 1; A.S.A. 1947, § 46-100; Acts 1993, No. 549, § 1.
Ark. Code Ann. § 12-64-840 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-840
Perjury
Status: in_force

Any person subject to this code who in a judicial proceeding or in a course of justice conducted under this code willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct. Acts 1969, No. 50, § 158; A.S.A. 1947, § 11-740.

Any person subject to this code who in a judicial proceeding or in a course of justice conducted under this code willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 158; A.S.A. 1947, § 11-740.
Ark. Code Ann. § 12-30-503 — AR Code / Title 12 / Chapter 30 / Subchapter 5 / Section 12-30-503
Purpose of wages set aside - Rules of director
Status: in_force

(a) An inmate of the Department of Correction or Department of Community Correction who is earning at least minimum wage and is employed under §§ 12-30-501 and 12-30-502 shall have his or her wages set aside in a separate wage fund by the warden or supervisor of the facility in which the inmate is incarcerated. (b) The Director of the Department of Correction and the Director of the Department of Community Correction shall promulgate rules that: (1) Protect the inmate's rights to due process; (2) Provide for hearings as necessary before the Crime Victims Reparations Board; and (3) Govern the disposition of an inmate's gross monthly wage, minus required payroll deductions and payment of necessary work-related incidental expenses, for the following purposes: (A) To support the family and dependent relatives of the inmate; (B) To discharge any legal obligations, including judgments for restitution; (C) To pay all or a part of the cost of the inmate's board, room, clothing, medical, dental, and other correctional services; (D) To provide for funds payable to the inmate upon his or her release; (E) To reimburse the state for the actual value of state property intentionally or willfully and wantonly destroyed by the inmate during his or her incarceration; (F) To reimburse the state for reasonable costs incurred in returning the inmate to the facility to which he or she was incarcerated in the event of escape; and (G) To deposit an appropriate amount into the Crime Victims Reparations Revolving Fund. Amended by Act 2015, No. 144,§ 2, eff. 7/22/2015. Acts 1995, No. 106, § 1.

(a) An inmate of the Department of Correction or Department of Community Correction who is earning at least minimum wage and is employed under §§ 12-30-501 and 12-30-502 shall have his or her wages set aside in a separate wage fund by the warden or supervisor of the facility in which the inmate is incarcerated.

(b) The Director of the Department of Correction and the Director of the Department of Community Correction shall promulgate rules that: (1) Protect the inmate's rights to due process; (2) Provide for hearings as necessary before the Crime Victims Reparations Board; and (3) Govern the disposition of an inmate's gross monthly wage, minus required payroll deductions and payment of necessary work-related incidental expenses, for the following purposes: (A) To support the family and dependent relatives of the inmate; (B) To discharge any legal obligations, including judgments for restitution; (C) To pay all or a part of the cost of the inmate's board, room, clothing, medical, dental, and other correctional services; (D) To provide for funds payable to the inmate upon his or her release; (E) To reimburse the state for the actual value of state property intentionally or willfully and wantonly destroyed by the inmate during his or her incarceration; (F) To reimburse the state for reasonable costs incurred in returning the inmate to the facility to which he or she was incarcerated in the event of escape; and (G) To deposit an appropriate amount into the Crime Victims Reparations Revolving Fund.

(1) Protect the inmate's rights to due process;

(2) Provide for hearings as necessary before the Crime Victims Reparations Board; and

(3) Govern the disposition of an inmate's gross monthly wage, minus required payroll deductions and payment of necessary work-related incidental expenses, for the following purposes: (A) To support the family and dependent relatives of the inmate; (B) To discharge any legal obligations, including judgments for restitution; (C) To pay all or a part of the cost of the inmate's board, room, clothing, medical, dental, and other correctional services; (D) To provide for funds payable to the inmate upon his or her release; (E) To reimburse the state for the actual value of state property intentionally or willfully and wantonly destroyed by the inmate during his or her incarceration; (F) To reimburse the state for reasonable costs incurred in returning the inmate to the facility to which he or she was incarcerated in the event of escape; and (G) To deposit an appropriate amount into the Crime Victims Reparations Revolving Fund.

(A) To support the family and dependent relatives of the inmate;

(B) To discharge any legal obligations, including judgments for restitution;

(C) To pay all or a part of the cost of the inmate's board, room, clothing, medical, dental, and other correctional services;

(D) To provide for funds payable to the inmate upon his or her release;

(E) To reimburse the state for the actual value of state property intentionally or willfully and wantonly destroyed by the inmate during his or her incarceration;

(F) To reimburse the state for reasonable costs incurred in returning the inmate to the facility to which he or she was incarcerated in the event of escape; and

(G) To deposit an appropriate amount into the Crime Victims Reparations Revolving Fund.

Amended by Act 2015, No. 144,§ 2, eff. 7/22/2015.

Acts 1995, No. 106, § 1.
Ark. Code Ann. § 12-6-402 — AR Code / Title 12 / Chapter 6 / Subchapter 4 / Section 12-6-402
Civilian passengers
Status: in_force

Each law enforcement agency of the state shall establish a policy prohibiting civilian passengers in patrol vehicles unless specific written approval is given for each civilian passenger by the chief law enforcement officer or his or her designee. Added by Act 2013, No. 1183,§ 1, eff. 8/16/2013.

Each law enforcement agency of the state shall establish a policy prohibiting civilian passengers in patrol vehicles unless specific written approval is given for each civilian passenger by the chief law enforcement officer or his or her designee.

Added by Act 2013, No. 1183,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 12-18-302 — AR Code / Title 12 / Chapter 18 / Subchapter 3 / Section 12-18-302
Reports by mandated reporters
Status: in_force

(a) As prescribed under this section, a mandated reporter under this chapter may report child maltreatment or suspected child maltreatment by telephone call, facsimile transmission, or online reporting. (b) Online reporting may be used in nonemergency situations by an identified mandated reporter under this chapter who provides the following contact information: (1) Name and phone number; and (2) The email address of the identified mandated reporter under this chapter. (c) The Child Abuse Hotline shall provide confirmation of the receipt of a report made via online submission. (d) [Repealed.] Amended by Act 2023, No. 727,§ 6, eff. 8/1/2023. Acts 2009, No. 749, § 1.

(a) As prescribed under this section, a mandated reporter under this chapter may report child maltreatment or suspected child maltreatment by telephone call, facsimile transmission, or online reporting.

(b) Online reporting may be used in nonemergency situations by an identified mandated reporter under this chapter who provides the following contact information: (1) Name and phone number; and (2) The email address of the identified mandated reporter under this chapter.

(1) Name and phone number; and

(2) The email address of the identified mandated reporter under this chapter.

(c) The Child Abuse Hotline shall provide confirmation of the receipt of a report made via online submission.

(d) [Repealed.]

Amended by Act 2023, No. 727,§ 6, eff. 8/1/2023.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-79-106 — AR Code / Title 12 / Chapter 79 / Section 12-79-106
Penalties
Status: in_force

Any person who pleads guilty or nolo contendere to or is found guilty of violating any provisions of this chapter or any rule promulgated hereunder shall be guilty of a misdemeanor and be fined not more than five hundred dollars ($500) per day of violation or imprisoned for not more than one (1) year, or both. Amended by Act 2019, No. 315,§ 974, eff. 7/24/2019. Acts 1991, No. 917, § 6.

Any person who pleads guilty or nolo contendere to or is found guilty of violating any provisions of this chapter or any rule promulgated hereunder shall be guilty of a misdemeanor and be fined not more than five hundred dollars ($500) per day of violation or imprisoned for not more than one (1) year, or both.

Amended by Act 2019, No. 315,§ 974, eff. 7/24/2019.

Acts 1991, No. 917, § 6.
Ark. Code Ann. § 12-84-101 — AR Code / Title 12 / Chapter 84 / Section 12-84-101
Title
Status: in_force

This chapter may be known and cited as the "Arkansas HAZMAT Emergency Management Act". Acts 1995, No. 634, § 1.

This chapter may be known and cited as the "Arkansas HAZMAT Emergency Management Act".

Acts 1995, No. 634, § 1.
Ark. Code Ann. § 12-12-1108 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1108
Procedural compatibility with the Federal Bureau of Investigation
Status: in_force

The DNA identification system as established by the State Crime Laboratory shall be compatible with the procedures specified by the Federal Bureau of Investigation, including use of comparable test procedures, laboratory equipment, supplies, and computer software. Acts 1997, No. 737, § 8.

The DNA identification system as established by the State Crime Laboratory shall be compatible with the procedures specified by the Federal Bureau of Investigation, including use of comparable test procedures, laboratory equipment, supplies, and computer software.

Acts 1997, No. 737, § 8.
Ark. Code Ann. § 12-41-714 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-714
Bonds - Investments by public entities
Status: in_force

(a) Any municipality, board, commission, governing authority established by ordinance of any municipality, or governing authorities, respectively, of the local firefighter's pension and relief fund and police officer's pension and relief fund of any such municipality, the governing authority of any retirement system created by the General Assembly, or any agency may invest any of its funds not immediately needed for its purposes in bonds and other evidences of indebtedness issued under the provisions of this subchapter. (b) Any bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds. Acts 1983, No. 918, § 14; A.S.A. 1947, § 46-460; Acts 2003, No. 1772, § 1.

(a) Any municipality, board, commission, governing authority established by ordinance of any municipality, or governing authorities, respectively, of the local firefighter's pension and relief fund and police officer's pension and relief fund of any such municipality, the governing authority of any retirement system created by the General Assembly, or any agency may invest any of its funds not immediately needed for its purposes in bonds and other evidences of indebtedness issued under the provisions of this subchapter.

(b) Any bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds.

Acts 1983, No. 918, § 14; A.S.A. 1947, § 46-460; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-41-615 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-615
Bonds - Investment by public entities
Status: in_force

(a) Any municipality, or any board, commission, or other governing authority established by ordinance of any municipality, or the governing authorities, respectively, of the local firefighters pension and relief fund and police officer's pension and relief fund of any such municipality or the governing authority of any retirement system created by the General Assembly or any agency in its discretion may invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this subchapter. (b) Any bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds. Acts 1981, No. 879, § 11; A.S.A. 1947, § 46-439.

(a) Any municipality, or any board, commission, or other governing authority established by ordinance of any municipality, or the governing authorities, respectively, of the local firefighters pension and relief fund and police officer's pension and relief fund of any such municipality or the governing authority of any retirement system created by the General Assembly or any agency in its discretion may invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this subchapter.

(b) Any bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds.

Acts 1981, No. 879, § 11; A.S.A. 1947, § 46-439.
Ark. Code Ann. § 12-29-403 — AR Code / Title 12 / Chapter 29 / Subchapter 4 / Section 12-29-403
Inmates with a disability - Duty of physician
Status: in_force

(a) (1) Each new inmate committed to the Division of Correction shall be given a medical examination during the intake process. (2) (A) During the medical examination required under subdivision (a)(1) of this section, the medical provider shall determine what restrictions, if any, shall be placed upon the inmate's work assignments. (B) Restrictions placed upon an inmate's work assignments under subdivision (a)(2)(A) of this section shall be updated as medically necessary. (b) The division shall not assign an inmate to a work assignment that conflicts with a restriction determined by the medical provider for the division under subdivision (a)(2) of this section. (c) Whenever the medical provider updates the restrictions under subdivision (a)(2) of this section, the division shall adjust the inmate's work assignments as necessary to comply with the updated restrictions. Amended by Act 2019, No. 910,§ 804, eff. 7/1/2019. Acts 1893, No. 76, § 34, p. 121; C. & M. Dig., § 9665; Pope's Dig., § 12705; A.S.A. 1947, § 46-151; Acts 2009, No. 208, § 1; Act 2013, No. 295,§ 5, eff. 8/16/2013.

(a) (1) Each new inmate committed to the Division of Correction shall be given a medical examination during the intake process. (2) (A) During the medical examination required under subdivision (a)(1) of this section, the medical provider shall determine what restrictions, if any, shall be placed upon the inmate's work assignments. (B) Restrictions placed upon an inmate's work assignments under subdivision (a)(2)(A) of this section shall be updated as medically necessary.

(1) Each new inmate committed to the Division of Correction shall be given a medical examination during the intake process.

(2) (A) During the medical examination required under subdivision (a)(1) of this section, the medical provider shall determine what restrictions, if any, shall be placed upon the inmate's work assignments. (B) Restrictions placed upon an inmate's work assignments under subdivision (a)(2)(A) of this section shall be updated as medically necessary.

(A) During the medical examination required under subdivision (a)(1) of this section, the medical provider shall determine what restrictions, if any, shall be placed upon the inmate's work assignments.

(B) Restrictions placed upon an inmate's work assignments under subdivision (a)(2)(A) of this section shall be updated as medically necessary.

(b) The division shall not assign an inmate to a work assignment that conflicts with a restriction determined by the medical provider for the division under subdivision (a)(2) of this section.

(c) Whenever the medical provider updates the restrictions under subdivision (a)(2) of this section, the division shall adjust the inmate's work assignments as necessary to comply with the updated restrictions.

Amended by Act 2019, No. 910,§ 804, eff. 7/1/2019.

Acts 1893, No. 76, § 34, p. 121; C. & M. Dig., § 9665; Pope's Dig., § 12705; A.S.A. 1947, § 46-151; Acts 2009, No. 208, § 1; Act 2013, No. 295,§ 5, eff. 8/16/2013.
Ark. Code Ann. § 12-9-502 — AR Code / Title 12 / Chapter 9 / Subchapter 5 / Section 12-9-502
Administration and approval
Status: in_force

(a) (1) The Criminal Justice Institute of the University of Arkansas at Little Rock has served as the coordinator and manager of all supervision, management, and executive education and training for law enforcement officers in the State of Arkansas. (2) Effective July 1, 1997, to accomplish its broader scope and mission, the institute and its functions, budget, personnel, equipment, all funds, and existing contracts and agreements, including those made at the behest of the institute, shall be transferred in their entirety from the University of Arkansas at Little Rock to the University of Arkansas to better serve the citizens of the State of Arkansas. (b) (1) (A) In its association with the University of Arkansas as a division thereof, the Director of the Criminal Justice Institute shall be appointed by and report to the President of the University of Arkansas. (B) The president shall seek the advice and counsel of the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education in the appointment of the director. (2) In the administration of the institute, efforts shall be made to maintain personnel salary levels at a competitive level to permit recruitment of the best qualified candidates. Acts 1993, No. 1111, § 3; 1997, No. 1035, § 2.

(a) (1) The Criminal Justice Institute of the University of Arkansas at Little Rock has served as the coordinator and manager of all supervision, management, and executive education and training for law enforcement officers in the State of Arkansas. (2) Effective July 1, 1997, to accomplish its broader scope and mission, the institute and its functions, budget, personnel, equipment, all funds, and existing contracts and agreements, including those made at the behest of the institute, shall be transferred in their entirety from the University of Arkansas at Little Rock to the University of Arkansas to better serve the citizens of the State of Arkansas.

(1) The Criminal Justice Institute of the University of Arkansas at Little Rock has served as the coordinator and manager of all supervision, management, and executive education and training for law enforcement officers in the State of Arkansas.

(2) Effective July 1, 1997, to accomplish its broader scope and mission, the institute and its functions, budget, personnel, equipment, all funds, and existing contracts and agreements, including those made at the behest of the institute, shall be transferred in their entirety from the University of Arkansas at Little Rock to the University of Arkansas to better serve the citizens of the State of Arkansas.

(b) (1) (A) In its association with the University of Arkansas as a division thereof, the Director of the Criminal Justice Institute shall be appointed by and report to the President of the University of Arkansas. (B) The president shall seek the advice and counsel of the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education in the appointment of the director. (2) In the administration of the institute, efforts shall be made to maintain personnel salary levels at a competitive level to permit recruitment of the best qualified candidates.

(1) (A) In its association with the University of Arkansas as a division thereof, the Director of the Criminal Justice Institute shall be appointed by and report to the President of the University of Arkansas. (B) The president shall seek the advice and counsel of the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education in the appointment of the director.

(A) In its association with the University of Arkansas as a division thereof, the Director of the Criminal Justice Institute shall be appointed by and report to the President of the University of Arkansas.

(B) The president shall seek the advice and counsel of the Criminal Justice Institute Advisory Board for Law Enforcement Management Training and Education in the appointment of the director.

(2) In the administration of the institute, efforts shall be made to maintain personnel salary levels at a competitive level to permit recruitment of the best qualified candidates.

Acts 1993, No. 1111, § 3; 1997, No. 1035, § 2.
Ark. Code Ann. § 12-61-101 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-101
Division and composition
Status: in_force

(a) The militia shall be divided into two (2) parts: the organized, consisting of the active and inactive Army National Guard and Air National Guard; and the unorganized, consisting of all those persons of the militia not in the active or inactive Army National Guard or Air National Guard. (b) The militia shall consist of all able-bodied male residents of the state between the ages of seventeen (17) and forty-five (45) years who are, or intend to become, citizens of the United States, unless exempt by law, together with all other acceptable volunteers, waiving necessary requirements. Acts 1969, No. 50, §§ 2, 3; A.S.A. 1947, §§ 11-102, 11-103.

(a) The militia shall be divided into two (2) parts: the organized, consisting of the active and inactive Army National Guard and Air National Guard; and the unorganized, consisting of all those persons of the militia not in the active or inactive Army National Guard or Air National Guard.

(b) The militia shall consist of all able-bodied male residents of the state between the ages of seventeen (17) and forty-five (45) years who are, or intend to become, citizens of the United States, unless exempt by law, together with all other acceptable volunteers, waiving necessary requirements.

Acts 1969, No. 50, §§ 2, 3; A.S.A. 1947, §§ 11-102, 11-103.
Ark. Code Ann. § 12-49-103 — AR Code / Title 12 / Chapter 49 / Subchapter 1 / Section 12-49-103
Director's powers
Status: in_force

The Director of the Department of Correction is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular, and he or she may in his or her discretion delegate this authority to other appropriate officials under his or her employ. Acts 1973, No. 315, § 3; A.S.A. 1947, § 46-1403.

The Director of the Department of Correction is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular, and he or she may in his or her discretion delegate this authority to other appropriate officials under his or her employ.

Acts 1973, No. 315, § 3; A.S.A. 1947, § 46-1403.
Ark. Code Ann. § 12-1-102 — AR Code / Title 12 / Chapter 1 / Section 12-1-102
Records to be posted on public website
Status: in_force

(a) Relevant research studies and reports concerning the following topics that are generated by the research divisions of the Division of Correction, the Division of Community Correction, and the Post-Prison Transfer Board or by third-party contractors on behalf of the Division of Correction, the Division of Community Correction, and the board, when applicable, shall be posted on the Division of Correction's, the Division of Community Correction's, or the board's website: (1) Population projections; (2) Recidivism; and (3) Evaluation of the cost-benefit of evidence-based practices of: (A) Adult prisons; (B) Community corrections facilities; (C) Probation: (D) Parole; and (E) Post-release supervision. (b) Data posted on the board's, the Division of Correction's, or the Division of Community Correction's websites under this section may be removed from the board's, the Division of Correction's, or the Division of Community Correction's websites after five (5) years. Amended by Act 2023, No. 659,§ 57, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 699, eff. 7/1/2019. Added by Act 2015, No. 1265,§ 2, eff. 4/8/2015.

(a) Relevant research studies and reports concerning the following topics that are generated by the research divisions of the Division of Correction, the Division of Community Correction, and the Post-Prison Transfer Board or by third-party contractors on behalf of the Division of Correction, the Division of Community Correction, and the board, when applicable, shall be posted on the Division of Correction's, the Division of Community Correction's, or the board's website: (1) Population projections; (2) Recidivism; and (3) Evaluation of the cost-benefit of evidence-based practices of: (A) Adult prisons; (B) Community corrections facilities; (C) Probation: (D) Parole; and (E) Post-release supervision.

(1) Population projections;

(2) Recidivism; and

(3) Evaluation of the cost-benefit of evidence-based practices of: (A) Adult prisons; (B) Community corrections facilities; (C) Probation: (D) Parole; and (E) Post-release supervision.

(A) Adult prisons;

(B) Community corrections facilities;

(C) Probation:

(D) Parole; and

(E) Post-release supervision.

(b) Data posted on the board's, the Division of Correction's, or the Division of Community Correction's websites under this section may be removed from the board's, the Division of Correction's, or the Division of Community Correction's websites after five (5) years.

Amended by Act 2023, No. 659,§ 57, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 699, eff. 7/1/2019.

Added by Act 2015, No. 1265,§ 2, eff. 4/8/2015.
Ark. Code Ann. § 12-28-705 — AR Code / Title 12 / Chapter 28 / Subchapter 7 / Section 12-28-705
Construction - Applicability of other acts
Status: in_force

This subchapter shall be liberally construed to accomplish the intent and purposes of the General Assembly in adopting it and shall be the sole authority required for the accomplishment of these purposes. To this end, it shall not be necessary to comply with general provisions of other laws dealing with the minimum time constraints as applied to release eligibility. Acts 1989, No. 492, § 5.

This subchapter shall be liberally construed to accomplish the intent and purposes of the General Assembly in adopting it and shall be the sole authority required for the accomplishment of these purposes. To this end, it shall not be necessary to comply with general provisions of other laws dealing with the minimum time constraints as applied to release eligibility.

Acts 1989, No. 492, § 5.
Ark. Code Ann. § 12-12-927 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-927
Medicaid services by sex offender prohibited
Status: in_force

If a court has entered an order requiring a person to register as a sex offender or if the person is listed in the Federal Bureau of Investigation's National Sex Offender Registry, the United States Department of Justice Dru Sjodin National Sex Offender Public Website, or both, the person shall not provide goods or services under the Arkansas Medicaid Program. Added by Act 2013, No. 1504,§ 2, eff. 8/16/2013.

If a court has entered an order requiring a person to register as a sex offender or if the person is listed in the Federal Bureau of Investigation's National Sex Offender Registry, the United States Department of Justice Dru Sjodin National Sex Offender Public Website, or both, the person shall not provide goods or services under the Arkansas Medicaid Program.

Added by Act 2013, No. 1504,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 12-12-212 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-212
Release or disclosure to unauthorized person - Penalty
Status: in_force

(a) A person is guilty of a Class A misdemeanor upon conviction if the person knowingly: (1) Accesses information or obtains information collected and maintained under this subchapter for a purpose not specified by this subchapter; or (2) Releases or discloses information maintained under this subchapter to another person who lacks authority to receive the information. (b) A person is guilty of a Class D felony upon conviction if the person violates subsection (a) of this section for the purpose of: (1) Furthering the commission of a misdemeanor offense or felony offense by the person or another person; (2) Enhancing or assisting a person's position in a legal proceeding in this state or influencing the outcome of a legal proceeding in this state for the benefit of the person or a member of the person's family; (3) Causing a pecuniary or professional gain for the person or a member of the person's family; or (4) Political purposes for the person or a member of the person's family. Amended by Act 2017, No. 845,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 250,§ 3, eff. 8/1/2017. Acts 1971, No. 286, § 10; 1975, No. 742, § 9; A.S.A. 1947, § 5-1110; Acts 1997, No. 826, § 3; 2011, No. 779, § 7; 2011, No. 1224, § 1.

(a) A person is guilty of a Class A misdemeanor upon conviction if the person knowingly: (1) Accesses information or obtains information collected and maintained under this subchapter for a purpose not specified by this subchapter; or (2) Releases or discloses information maintained under this subchapter to another person who lacks authority to receive the information.

(1) Accesses information or obtains information collected and maintained under this subchapter for a purpose not specified by this subchapter; or

(2) Releases or discloses information maintained under this subchapter to another person who lacks authority to receive the information.

(b) A person is guilty of a Class D felony upon conviction if the person violates subsection (a) of this section for the purpose of: (1) Furthering the commission of a misdemeanor offense or felony offense by the person or another person; (2) Enhancing or assisting a person's position in a legal proceeding in this state or influencing the outcome of a legal proceeding in this state for the benefit of the person or a member of the person's family; (3) Causing a pecuniary or professional gain for the person or a member of the person's family; or (4) Political purposes for the person or a member of the person's family.

(1) Furthering the commission of a misdemeanor offense or felony offense by the person or another person;

(2) Enhancing or assisting a person's position in a legal proceeding in this state or influencing the outcome of a legal proceeding in this state for the benefit of the person or a member of the person's family;

(3) Causing a pecuniary or professional gain for the person or a member of the person's family; or

(4) Political purposes for the person or a member of the person's family.

Amended by Act 2017, No. 845,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 250,§ 3, eff. 8/1/2017.

Acts 1971, No. 286, § 10; 1975, No. 742, § 9; A.S.A. 1947, § 5-1110; Acts 1997, No. 826, § 3; 2011, No. 779, § 7; 2011, No. 1224, § 1.
Ark. Code Ann. § 12-27-148 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-148
Confidentiality of emergency preparedness document of the Division of Community Correction
Status: in_force

(a) The following sections of the Division of Community Correction's official Emergency Preparedness Manual are confidential and shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.: (1) Command Post Checklist; (2) Command Notifications; (3) Internal Notifications; (4) External Notifications; (5) Recall Notifications; (6) Family Notifications; (7) Tactical Systems; (8) Command Structure; (9) Emergency Locations; (10) Emergency Equipment; (11) Emergency Deactivation; (12) Emergency Plans; (13) Work Stoppage Directive; (14) Evacuation Diagrams; and (15) Facility Maps, Utility Locations. (b) If a section of the manual described in subsection (a) of this section becomes part of a criminal investigation, the section is available for public viewing at the conclusion of the criminal investigation if the section is not otherwise exempt from disclosure by law. (c) An amendment or addition to a section of the manual described in subsection (a) of this section shall be reviewed annually by the Charitable, Penal and Correctional Institutions Subcommittee of the Legislative Council. Amended by Act 2019, No. 910,§ 769, eff. 7/1/2019. Added by Act 2017, No. 376,§ 1, eff. 8/1/2017.

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

(1) Command Post Checklist;

(2) Command Notifications;

(3) Internal Notifications;

(4) External Notifications;

(5) Recall Notifications;

(6) Family Notifications;

(7) Tactical Systems;

(8) Command Structure;

(9) Emergency Locations;

(10) Emergency Equipment;

(11) Emergency Deactivation;

(12) Emergency Plans;

(13) Work Stoppage Directive;

(14) Evacuation Diagrams; and

(15) Facility Maps, Utility Locations.

(b) If a section of the manual described in subsection (a) of this section becomes part of a criminal investigation, the section is available for public viewing at the conclusion of the criminal investigation if the section is not otherwise exempt from disclosure by law.

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

Amended by Act 2019, No. 910,§ 769, eff. 7/1/2019.

Added by Act 2017, No. 376,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 12-62-309 — AR Code / Title 12 / Chapter 62 / Subchapter 3 / Section 12-62-309
State-sponsored life insurance program - Definition
Status: in_force

(a) As used in this section, "state-sponsored life insurance program" means life insurance exclusively offered to the members of the Arkansas National Guard by the National Guard Association of Arkansas, Inc. (b) The Adjutant General is the official sponsor of the Arkansas National Guard state-sponsored life insurance program and shall: (1) Facilitate all efforts to make the state-sponsored life insurance program available to the members of the Arkansas National Guard; (2) Provide an opportunity for members of the Arkansas National Guard to purchase state-sponsored life insurance program products; (3) Allow state-sponsored life insurance program representatives to provide members of the Arkansas National Guard with state-sponsored life insurance program briefings during annual training and drill weekends to educate members of the Arkansas National Guard on the benefits of the state-sponsored life insurance program; and (4) Allow, facilitate, and coordinate requested allotments with the appropriate United States Property and Fiscal Office for purposes of the state-sponsored life insurance program. Amended by Act 2019, No. 922,§ 1, eff. 7/24/2019.

(a) As used in this section, "state-sponsored life insurance program" means life insurance exclusively offered to the members of the Arkansas National Guard by the National Guard Association of Arkansas, Inc.

(b) The Adjutant General is the official sponsor of the Arkansas National Guard state-sponsored life insurance program and shall: (1) Facilitate all efforts to make the state-sponsored life insurance program available to the members of the Arkansas National Guard; (2) Provide an opportunity for members of the Arkansas National Guard to purchase state-sponsored life insurance program products; (3) Allow state-sponsored life insurance program representatives to provide members of the Arkansas National Guard with state-sponsored life insurance program briefings during annual training and drill weekends to educate members of the Arkansas National Guard on the benefits of the state-sponsored life insurance program; and (4) Allow, facilitate, and coordinate requested allotments with the appropriate United States Property and Fiscal Office for purposes of the state-sponsored life insurance program.

(1) Facilitate all efforts to make the state-sponsored life insurance program available to the members of the Arkansas National Guard;

(2) Provide an opportunity for members of the Arkansas National Guard to purchase state-sponsored life insurance program products;

(3) Allow state-sponsored life insurance program representatives to provide members of the Arkansas National Guard with state-sponsored life insurance program briefings during annual training and drill weekends to educate members of the Arkansas National Guard on the benefits of the state-sponsored life insurance program; and

(4) Allow, facilitate, and coordinate requested allotments with the appropriate United States Property and Fiscal Office for purposes of the state-sponsored life insurance program.

Amended by Act 2019, No. 922,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 12-12-1015 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1015
Audit of criminal history records
Status: in_force

(a) The Arkansas Crime Information Center shall be authorized to develop standards and implement a program of audits of all criminal justice agencies that establish, maintain, report, or disseminate criminal history records, to ensure compliance with all provisions of this subchapter. (b) Audit procedures pertaining to the courts shall be coordinated and implemented through the Administrative Office of the Courts. Acts 1993, No. 1109, § 14.

(a) The Arkansas Crime Information Center shall be authorized to develop standards and implement a program of audits of all criminal justice agencies that establish, maintain, report, or disseminate criminal history records, to ensure compliance with all provisions of this subchapter.

(b) Audit procedures pertaining to the courts shall be coordinated and implemented through the Administrative Office of the Courts.

Acts 1993, No. 1109, § 14.
Ark. Code Ann. § 12-8-607 — AR Code / Title 12 / Chapter 8 / Subchapter 5-d-1 / Section 12-8-607
Division of Arkansas State Police Financing Fund
Status: in_force

(a) There is created the Division of Arkansas State Police Financing Fund. (b) The fund is a cash fund of the Division of Arkansas State Police and shall be used as provided in this subchapter. Amended by Act 2019, No. 910,§ 5808, eff. 7/1/2019. Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.

(a) There is created the Division of Arkansas State Police Financing Fund.

(b) The fund is a cash fund of the Division of Arkansas State Police and shall be used as provided in this subchapter.

Amended by Act 2019, No. 910,§ 5808, eff. 7/1/2019.

Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.
Ark. Code Ann. § 12-28-703 — AR Code / Title 12 / Chapter 28 / Subchapter 7 / Section 12-28-703
Authorization
Status: in_force

(a) The Board of Corrections shall develop and implement a boot camp program designed to reduce the inmate population by diverting eligible offenders from long-term incarceration. (b) This diversion shall involve successful completion of, at a minimum, a sixty-day program of intensive behavior modification in an arduous, physically demanding, military-like environment, otherwise known as a "boot camp". Acts 1989, No. 492, § 3; 1993, No. 582, § 1.

(a) The Board of Corrections shall develop and implement a boot camp program designed to reduce the inmate population by diverting eligible offenders from long-term incarceration.

(b) This diversion shall involve successful completion of, at a minimum, a sixty-day program of intensive behavior modification in an arduous, physically demanding, military-like environment, otherwise known as a "boot camp".

Acts 1989, No. 492, § 3; 1993, No. 582, § 1.
Ark. Code Ann. § 12-12-1602 — AR Code / Title 12 / Chapter 12 / Subchapter 16 / Section 12-12-1602
Purpose
Status: in_force

The purpose of this subchapter is to allow volunteer organizations to request and receive information regarding the qualifications of an individual who volunteers his or her time or services to work with children, the elderly, victims of domestic abuse, or individuals with disabilities based upon the individual's state and federal criminal history. Acts 2005, No. 1778, § 1.

The purpose of this subchapter is to allow volunteer organizations to request and receive information regarding the qualifications of an individual who volunteers his or her time or services to work with children, the elderly, victims of domestic abuse, or individuals with disabilities based upon the individual's state and federal criminal history.

Acts 2005, No. 1778, § 1.
Ark. Code Ann. § 12-12-1608 — AR Code / Title 12 / Chapter 12 / Subchapter 16 / Section 12-12-1608
Penalty
Status: in_force

The following acts are a Class A misdemeanor: (1) Knowingly releasing or disclosing criminal history information to any unauthorized volunteer organization or person; or (2) Obtaining criminal history information for a purpose not authorized by this subchapter. Acts 2005, No. 1778, § 1; 2011, No. 779, § 13.

The following acts are a Class A misdemeanor:

(1) Knowingly releasing or disclosing criminal history information to any unauthorized volunteer organization or person; or

(2) Obtaining criminal history information for a purpose not authorized by this subchapter.

Acts 2005, No. 1778, § 1; 2011, No. 779, § 13.
Ark. Code Ann. § 12-18-308 — AR Code / Title 12 / Chapter 18 / Subchapter 3 / Section 12-18-308
Reports of injury to a child's intellectual, emotional, or psychological development
Status: in_force

The Child Abuse Hotline shall accept a report of injury to a child's intellectual, emotional, or psychological development as evidenced by observable and substantial impairment of the child's ability to function within the child's normal range of performance and behavior only if the reporter is: (1) A medical or mental health professional; (2) A school counselor, if the child did not disclose to the teacher; (3) A teacher; or (4) A day care center worker. Acts 2009, No. 749, § 1; 2011, No. 784, § 1.

The Child Abuse Hotline shall accept a report of injury to a child's intellectual, emotional, or psychological development as evidenced by observable and substantial impairment of the child's ability to function within the child's normal range of performance and behavior only if the reporter is:

(1) A medical or mental health professional;

(2) A school counselor, if the child did not disclose to the teacher;

(3) A teacher; or

(4) A day care center worker.

Acts 2009, No. 749, § 1; 2011, No. 784, § 1.
Ark. Code Ann. § 12-18-304 — AR Code / Title 12 / Chapter 18 / Subchapter 3 / Section 12-18-304
Qualifying reports of certain types of child maltreatment
Status: in_force

(a) (1) The Child Abuse Hotline shall accept a report of child maltreatment if any of the following intentional or knowing acts are alleged to occur: (A) Throwing, kicking, burning, biting, or cutting a child; (B) Striking a child with a closed fist; (C) Shaking a child four (4) years of age or older; or (D) Striking a child seven (7) years of age or older on the face or on the head. (2) A report under this subsection shall not be determined to be true unless the child suffered an injury as the result of the act. (b) The Child Abuse Hotline shall accept a report of child maltreatment if any of the following intentional or knowing acts are alleged to occur: (1) Shaking a child three (3) years of age or younger; (2) Striking a child six (6) years of age or younger on the face or on the head; (3) Interfering with a child's breathing; or (4) Pinching, biting, or striking a child in the genital area. (c) (1) The Child Abuse Hotline shall accept a report of child maltreatment if a child suffers an injury as the result of a restraint. (2) The report shall be determined not to be true if the injury is a minor temporary mark or causes transient pain and was an acceptable restraint as provided under this chapter. (d) [Repealed.] (e) The Child Abuse Hotline shall not accept a report of environmental neglect pertaining to head lice unless the: (1) Head lice is chronic; or (2) Alleged victim currently has sores that require immediate medical attention. (f) The Child Abuse Hotline shall not accept a report of giving a child or permitting a child to consume or inhale a poisonous or noxious substance as described in § 12-18-103(3)(A)(vii) (f) unless the alleged incident occurred within the previous three (3) months. (g) The Child Abuse Hotline shall accept a report regarding educational neglect if the: (1) Report alleges that a parent, custodian, or guardian of a child who is at least (6) years of age and under eighteen (18) years of age failed to enroll the child in school and lawfully home-school the child; or (2) Report alleges that: (A) An act or omission of a parent, custodian, or guardian of a child who is at least six (6) years of age and under eighteen (18) years of age caused the child to be absent from school; (B) The child's absence from school was not caused by the refusal of the child to attend school; (C) The child has been habitually absent from school without justification; and (D) The child's absence from school has had a negative impact on the child's performance at school. (h) The Child Abuse Hotline shall accept a report from a medical provider concerning a child eleven (11) years of age or younger if there is documented evidence of the child's being pregnant or having a sexually transmitted disease, despite insufficient evidence of child maltreatment. Amended by Act 2023, No. 364,§ 9, eff. 8/1/2023. Amended by Act 2023, No. 364,§ 8, eff. 8/1/2023. Amended by Act 2019, No. 554,§ 3, eff. 7/24/2019. Amended by Act 2015, No. 1215,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1215,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1026,§ 3, eff. 7/22/2015. Amended by Act 2013, No. 1486,§ 1, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) (1) The Child Abuse Hotline shall accept a report of child maltreatment if any of the following intentional or knowing acts are alleged to occur: (A) Throwing, kicking, burning, biting, or cutting a child; (B) Striking a child with a closed fist; (C) Shaking a child four (4) years of age or older; or (D) Striking a child seven (7) years of age or older on the face or on the head. (2) A report under this subsection shall not be determined to be true unless the child suffered an injury as the result of the act.

(1) The Child Abuse Hotline shall accept a report of child maltreatment if any of the following intentional or knowing acts are alleged to occur: (A) Throwing, kicking, burning, biting, or cutting a child; (B) Striking a child with a closed fist; (C) Shaking a child four (4) years of age or older; or (D) Striking a child seven (7) years of age or older on the face or on the head.

(A) Throwing, kicking, burning, biting, or cutting a child;

(B) Striking a child with a closed fist;

(C) Shaking a child four (4) years of age or older; or

(D) Striking a child seven (7) years of age or older on the face or on the head.

(2) A report under this subsection shall not be determined to be true unless the child suffered an injury as the result of the act.

(b) The Child Abuse Hotline shall accept a report of child maltreatment if any of the following intentional or knowing acts are alleged to occur: (1) Shaking a child three (3) years of age or younger; (2) Striking a child six (6) years of age or younger on the face or on the head; (3) Interfering with a child's breathing; or (4) Pinching, biting, or striking a child in the genital area.

(1) Shaking a child three (3) years of age or younger;

(2) Striking a child six (6) years of age or younger on the face or on the head;

(3) Interfering with a child's breathing; or

(4) Pinching, biting, or striking a child in the genital area.

(c) (1) The Child Abuse Hotline shall accept a report of child maltreatment if a child suffers an injury as the result of a restraint. (2) The report shall be determined not to be true if the injury is a minor temporary mark or causes transient pain and was an acceptable restraint as provided under this chapter.

(1) The Child Abuse Hotline shall accept a report of child maltreatment if a child suffers an injury as the result of a restraint.

(2) The report shall be determined not to be true if the injury is a minor temporary mark or causes transient pain and was an acceptable restraint as provided under this chapter.

(d) [Repealed.]

(e) The Child Abuse Hotline shall not accept a report of environmental neglect pertaining to head lice unless the: (1) Head lice is chronic; or (2) Alleged victim currently has sores that require immediate medical attention.

(1) Head lice is chronic; or

(2) Alleged victim currently has sores that require immediate medical attention.

(f) The Child Abuse Hotline shall not accept a report of giving a child or permitting a child to consume or inhale a poisonous or noxious substance as described in § 12-18-103(3)(A)(vii) (f) unless the alleged incident occurred within the previous three (3) months.

(g) The Child Abuse Hotline shall accept a report regarding educational neglect if the: (1) Report alleges that a parent, custodian, or guardian of a child who is at least (6) years of age and under eighteen (18) years of age failed to enroll the child in school and lawfully home-school the child; or (2) Report alleges that: (A) An act or omission of a parent, custodian, or guardian of a child who is at least six (6) years of age and under eighteen (18) years of age caused the child to be absent from school; (B) The child's absence from school was not caused by the refusal of the child to attend school; (C) The child has been habitually absent from school without justification; and (D) The child's absence from school has had a negative impact on the child's performance at school.

(1) Report alleges that a parent, custodian, or guardian of a child who is at least (6) years of age and under eighteen (18) years of age failed to enroll the child in school and lawfully home-school the child; or

(2) Report alleges that: (A) An act or omission of a parent, custodian, or guardian of a child who is at least six (6) years of age and under eighteen (18) years of age caused the child to be absent from school; (B) The child's absence from school was not caused by the refusal of the child to attend school; (C) The child has been habitually absent from school without justification; and (D) The child's absence from school has had a negative impact on the child's performance at school.

(A) An act or omission of a parent, custodian, or guardian of a child who is at least six (6) years of age and under eighteen (18) years of age caused the child to be absent from school;

(B) The child's absence from school was not caused by the refusal of the child to attend school;

(C) The child has been habitually absent from school without justification; and

(D) The child's absence from school has had a negative impact on the child's performance at school.

(h) The Child Abuse Hotline shall accept a report from a medical provider concerning a child eleven (11) years of age or younger if there is documented evidence of the child's being pregnant or having a sexually transmitted disease, despite insufficient evidence of child maltreatment.

Amended by Act 2023, No. 364,§ 9, eff. 8/1/2023.

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

Amended by Act 2019, No. 554,§ 3, eff. 7/24/2019.

Amended by Act 2015, No. 1215,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 1215,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1026,§ 3, eff. 7/22/2015.

Amended by Act 2013, No. 1486,§ 1, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-18-708 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-708
Miscellaneous notice requirements
Status: in_force

(a) The Department of Human Services and the Department of Arkansas State Police shall confirm an investigative determination upon request from the following: (1) The responsible multidisciplinary team; (2) The juvenile division of circuit court if the victim or offender has an open dependency-neglect or family in need of services case; (3) The attorney ad litem for any child who is named as the victim or offender; (4) The Court Appointed Special Advocates volunteer for any child named as the alleged victim or offender; (5) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; (6) Any Department of Human Services and Department of Arkansas State Police division director or facility director receiving notice of a Child Abuse Hotline report under this chapter; (7) Any facility director receiving notice of a Child Abuse Hotline report under this chapter; (8) The attorney ad litem and Court Appointed Special Advocates volunteer for all other children in the same foster home if the child maltreatment occurred in a foster home; and (9) The attorney ad litem and Court Appointed Special Advocates volunteer for any child in foster care when the alleged juvenile offender or underaged juvenile offender is placed in the same placement as the attorney ad litem or Court Appointed Special Advocates volunteer's client. (b) If the investigative determination is true, notification of the investigative determination shall be provided to the school where the victim child is enrolled. However, the name of the alleged offender shall not be identified. (c) The Department of Human Services and the Department of Arkansas State Police may notify the persons or entities listed in subsection (a) of this section of the investigative determination, if the Department of Human Services and the Department of Arkansas State Police determine the notification is necessary to ensure the health or safety of the child. Amended by Act 2015, No. 1004,§ 23, eff. 7/22/2015. Acts 2009, No. 749, § 1; 2011, No. 1143, § 16.

(a) The Department of Human Services and the Department of Arkansas State Police shall confirm an investigative determination upon request from the following: (1) The responsible multidisciplinary team; (2) The juvenile division of circuit court if the victim or offender has an open dependency-neglect or family in need of services case; (3) The attorney ad litem for any child who is named as the victim or offender; (4) The Court Appointed Special Advocates volunteer for any child named as the alleged victim or offender; (5) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; (6) Any Department of Human Services and Department of Arkansas State Police division director or facility director receiving notice of a Child Abuse Hotline report under this chapter; (7) Any facility director receiving notice of a Child Abuse Hotline report under this chapter; (8) The attorney ad litem and Court Appointed Special Advocates volunteer for all other children in the same foster home if the child maltreatment occurred in a foster home; and (9) The attorney ad litem and Court Appointed Special Advocates volunteer for any child in foster care when the alleged juvenile offender or underaged juvenile offender is placed in the same placement as the attorney ad litem or Court Appointed Special Advocates volunteer's client.

(1) The responsible multidisciplinary team;

(2) The juvenile division of circuit court if the victim or offender has an open dependency-neglect or family in need of services case;

(3) The attorney ad litem for any child who is named as the victim or offender;

(4) The Court Appointed Special Advocates volunteer for any child named as the alleged victim or offender;

(5) Any licensing or registering authority to the extent necessary to carry out its official responsibilities;

(6) Any Department of Human Services and Department of Arkansas State Police division director or facility director receiving notice of a Child Abuse Hotline report under this chapter;

(7) Any facility director receiving notice of a Child Abuse Hotline report under this chapter;

(8) The attorney ad litem and Court Appointed Special Advocates volunteer for all other children in the same foster home if the child maltreatment occurred in a foster home; and

(9) The attorney ad litem and Court Appointed Special Advocates volunteer for any child in foster care when the alleged juvenile offender or underaged juvenile offender is placed in the same placement as the attorney ad litem or Court Appointed Special Advocates volunteer's client.

(b) If the investigative determination is true, notification of the investigative determination shall be provided to the school where the victim child is enrolled. However, the name of the alleged offender shall not be identified.

(c) The Department of Human Services and the Department of Arkansas State Police may notify the persons or entities listed in subsection (a) of this section of the investigative determination, if the Department of Human Services and the Department of Arkansas State Police determine the notification is necessary to ensure the health or safety of the child.

Amended by Act 2015, No. 1004,§ 23, eff. 7/22/2015.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 16.
Ark. Code Ann. § 12-64-413 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-413
Immunity of court and officers
Status: in_force

No action or proceeding may be prosecuted against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court. Acts 1969, No. 50, § 172; A.S.A. 1947, § 11-683.

No action or proceeding may be prosecuted against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.

Acts 1969, No. 50, § 172; A.S.A. 1947, § 11-683.
Ark. Code Ann. § 12-9-112 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-112
County sheriff as law enforcement officer
Status: in_force

A former county sheriff of a county who has served as county sheriff within that county for at least eight (8) years and who meets all minimum hiring standards prescribed by the Arkansas Commission on Law Enforcement Standards and Training is qualified to be employed as a law enforcement officer with a municipality, county, or state board. Amended by Act 2015, No. 1045,§ 1, eff. 7/22/2015. Acts 1999, No. 1472, § 2.

A former county sheriff of a county who has served as county sheriff within that county for at least eight (8) years and who meets all minimum hiring standards prescribed by the Arkansas Commission on Law Enforcement Standards and Training is qualified to be employed as a law enforcement officer with a municipality, county, or state board.

Amended by Act 2015, No. 1045,§ 1, eff. 7/22/2015.

Acts 1999, No. 1472, § 2.
Ark. Code Ann. § 12-75-104 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-104
Scope of chapter - Limitations
Status: in_force

Nothing in this chapter shall be construed to: (1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health and safety; (2) (A) Interfere with dissemination of news or comment on public affairs. (B) However, any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency; (3) (A) Affect the jurisdiction or responsibilities of units of the United States Armed Forces or of any personnel thereof, when on active duty, or the day-to-day operations of law enforcement agencies or firefighting forces. (B) However, state, local, and interjurisdictional disaster or emergency operations plans shall place emphasis upon maximum utilization of forces available for performance of functions related to disaster and major emergency occurrences; or (4) Limit, modify, or abridge the authority of the Governor to proclaim martial law or of the Governor or chief executive of a political subdivision to exercise any other powers vested in him or her under the Arkansas Constitution or statutes or common law of this state independent of, or in conjunction with, any provision of this chapter. Acts 1973, No. 511, § 4; 1985, No. 687, § 3; 1985, No. 978, § 3; A.S.A. 1947, § 11-1937.

Nothing in this chapter shall be construed to:

(1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health and safety;

(2) (A) Interfere with dissemination of news or comment on public affairs. (B) However, any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency;

(A) Interfere with dissemination of news or comment on public affairs.

(B) However, any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency;

(3) (A) Affect the jurisdiction or responsibilities of units of the United States Armed Forces or of any personnel thereof, when on active duty, or the day-to-day operations of law enforcement agencies or firefighting forces. (B) However, state, local, and interjurisdictional disaster or emergency operations plans shall place emphasis upon maximum utilization of forces available for performance of functions related to disaster and major emergency occurrences; or

(A) Affect the jurisdiction or responsibilities of units of the United States Armed Forces or of any personnel thereof, when on active duty, or the day-to-day operations of law enforcement agencies or firefighting forces.

(B) However, state, local, and interjurisdictional disaster or emergency operations plans shall place emphasis upon maximum utilization of forces available for performance of functions related to disaster and major emergency occurrences; or

(4) Limit, modify, or abridge the authority of the Governor to proclaim martial law or of the Governor or chief executive of a political subdivision to exercise any other powers vested in him or her under the Arkansas Constitution or statutes or common law of this state independent of, or in conjunction with, any provision of this chapter.

Acts 1973, No. 511, § 4; 1985, No. 687, § 3; 1985, No. 978, § 3; A.S.A. 1947, § 11-1937.
Ark. Code Ann. § 12-12-926 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-926
Release of motor vehicle records by the Department of Finance and Administration
Status: in_force

(a) The Department of Finance and Administration may release to a law enforcement officer or agency information contained in a person's motor vehicle record if: (1) The information is required for the law enforcement officer or agency to comply with this subchapter; and (2) The use of the information by the law enforcement officer or agency is related to public safety. (b) A law enforcement officer or agency that obtains a record from the department as provided in subsection (a) of this section may publicly disclose information contained in a person's motor vehicle record if the disclosure of the information is: (1) Required by this subchapter; and (2) Related to public safety. (c) This section does not authorize a law enforcement officer or agency to publicly disclose the following information obtained from a motor vehicle record: (1) A person's Social Security number; or (2) A person's medical or disability information. Added by Act 2013, No. 508,§ 13, eff. 8/16/2013.

(a) The Department of Finance and Administration may release to a law enforcement officer or agency information contained in a person's motor vehicle record if: (1) The information is required for the law enforcement officer or agency to comply with this subchapter; and (2) The use of the information by the law enforcement officer or agency is related to public safety.

(1) The information is required for the law enforcement officer or agency to comply with this subchapter; and

(2) The use of the information by the law enforcement officer or agency is related to public safety.

(b) A law enforcement officer or agency that obtains a record from the department as provided in subsection (a) of this section may publicly disclose information contained in a person's motor vehicle record if the disclosure of the information is: (1) Required by this subchapter; and (2) Related to public safety.

(1) Required by this subchapter; and

(2) Related to public safety.

(c) This section does not authorize a law enforcement officer or agency to publicly disclose the following information obtained from a motor vehicle record: (1) A person's Social Security number; or (2) A person's medical or disability information.

(1) A person's Social Security number; or

(2) A person's medical or disability information.

Added by Act 2013, No. 508,§ 13, eff. 8/16/2013.
Ark. Code Ann. § 12-12-210 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-210
Special information services agents
Status: in_force

(a) To ensure the accuracy, timeliness, and completeness of all records and information as prescribed by this subchapter, the Director of the Arkansas Crime Information Center shall appoint special information services agents. (b) After proper and sufficient security clearances and training, the agents shall be commissioned to do monitoring and auditing of all records and information as defined by this subchapter and such other duties as may be prescribed by the Supervisory Board for the Arkansas Crime Information Center. Acts 1975, No. 742, § 10; A.S.A. 1947, § 5-1112.

(a) To ensure the accuracy, timeliness, and completeness of all records and information as prescribed by this subchapter, the Director of the Arkansas Crime Information Center shall appoint special information services agents.

(b) After proper and sufficient security clearances and training, the agents shall be commissioned to do monitoring and auditing of all records and information as defined by this subchapter and such other duties as may be prescribed by the Supervisory Board for the Arkansas Crime Information Center.

Acts 1975, No. 742, § 10; A.S.A. 1947, § 5-1112.
Ark. Code Ann. § 12-18-610 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-610
Access to the child's school records
Status: in_force

(a) A person conducting an investigation under this chapter shall be allowed access to the child's public and private school records during the course of the child maltreatment investigation. (b) Upon request, a public or private school shall provide the child's records free of charge to the person conducting the investigation. Acts 2009, No. 749, § 1; 2011, No. 1143, § 12.

(a) A person conducting an investigation under this chapter shall be allowed access to the child's public and private school records during the course of the child maltreatment investigation.

(b) Upon request, a public or private school shall provide the child's records free of charge to the person conducting the investigation.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 12.
Ark. Code Ann. § 12-12-1610 — AR Code / Title 12 / Chapter 12 / Subchapter 16 / Section 12-12-1610
Extent of disclosure
Status: in_force

(a) The Department of Arkansas State Police and the Arkansas Crime Information Center shall disseminate criminal history information to the extent entries have been made at the time of the request for the information. (b) Any event, activity, or any portion of the criminal history information that has not been processed by the department or the center shall not be required to be included in the dissemination. (c) A request for information, supporting documents, and any response to a request for criminal background check information under this subchapter shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. Acts 2005, No. 1778, § 1.

(a) The Department of Arkansas State Police and the Arkansas Crime Information Center shall disseminate criminal history information to the extent entries have been made at the time of the request for the information.

(b) Any event, activity, or any portion of the criminal history information that has not been processed by the department or the center shall not be required to be included in the dissemination.

(c) A request for information, supporting documents, and any response to a request for criminal background check information under this subchapter shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

Acts 2005, No. 1778, § 1.
Ark. Code Ann. § 12-18-604 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-604
Services during the investigation
Status: in_force

The Department of Human Services may make referrals or provide services during the course of the child maltreatment investigation. Amended by Act 2015, No. 1161,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 12, eff. 7/22/2015. Amended by Act 2013, No. 1090,§ 1, eff. 8/16/2013. Acts 2009, No. 749, § 1.

The Department of Human Services may make referrals or provide services during the course of the child maltreatment investigation.

Amended by Act 2015, No. 1161,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 1004,§ 12, eff. 7/22/2015.

Amended by Act 2013, No. 1090,§ 1, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-29-104 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-104
Contacts with persons outside the institution
Status: in_force

Under rules prescribed by the Division of Correction, heads of the institutions of the division may authorize: (1) Visits and correspondence, under reasonable conditions, between inmates and approved friends, relatives, and others; (2) Temporary release of an inmate for such occasions as the serious illness or death of a member of the inmate's family; or (3) An interview of the inmate by a prospective employer. Amended by Act 2019, No. 910,§ 786, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 13; A.S.A. 1947, § 46-119.

Under rules prescribed by the Division of Correction, heads of the institutions of the division may authorize:

(1) Visits and correspondence, under reasonable conditions, between inmates and approved friends, relatives, and others;

(2) Temporary release of an inmate for such occasions as the serious illness or death of a member of the inmate's family; or

(3) An interview of the inmate by a prospective employer.

Amended by Act 2019, No. 910,§ 786, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 13; A.S.A. 1947, § 46-119.
Ark. Code Ann. § 12-12-1601 — AR Code / Title 12 / Chapter 12 / Subchapter 16 / Section 12-12-1601
Title
Status: in_force

This subchapter shall be known and may be cited as the "Criminal History for Volunteers Act". Acts 2005, No. 1778, § 1.

This subchapter shall be known and may be cited as the "Criminal History for Volunteers Act".

Acts 2005, No. 1778, § 1.
Ark. Code Ann. § 12-64-610 — AR Code / Title 12 / Chapter 64 / Subchapter 6 / Section 12-64-610
Delinquent fines or forfeitures
Status: in_force

(a) (1) When a fine or forfeiture is delinquent for a period of ninety (90) days or more, the Department of the Military shall have a cause of action against the person and property liable for the delinquent portion of the fine or forfeiture, costs of collection, penalties, and interest to which the Department of the Military is entitled, plus a reasonable attorney's fee. (2) The Department of the Military shall have a lien on all property subject to forfeiture. (b) The action shall be brought in the Pulaski County Circuit Court. (c) The judgment awarded the Department of the Military under this section shall be enforceable to the same extent and in the same manner as other civil judgments. Amended by Act 2019, No. 910,§ 5542, eff. 7/1/2019. Added by Act 2015, No. 1003,§ 27, eff. 7/22/2015.

(a) (1) When a fine or forfeiture is delinquent for a period of ninety (90) days or more, the Department of the Military shall have a cause of action against the person and property liable for the delinquent portion of the fine or forfeiture, costs of collection, penalties, and interest to which the Department of the Military is entitled, plus a reasonable attorney's fee. (2) The Department of the Military shall have a lien on all property subject to forfeiture.

(1) When a fine or forfeiture is delinquent for a period of ninety (90) days or more, the Department of the Military shall have a cause of action against the person and property liable for the delinquent portion of the fine or forfeiture, costs of collection, penalties, and interest to which the Department of the Military is entitled, plus a reasonable attorney's fee.

(2) The Department of the Military shall have a lien on all property subject to forfeiture.

(b) The action shall be brought in the Pulaski County Circuit Court.

(c) The judgment awarded the Department of the Military under this section shall be enforceable to the same extent and in the same manner as other civil judgments.

Amended by Act 2019, No. 910,§ 5542, eff. 7/1/2019.

Added by Act 2015, No. 1003,§ 27, eff. 7/22/2015.
Ark. Code Ann. § 12-50-101 — AR Code / Title 12 / Chapter 50 / Section 12-50-101
Title
Status: in_force

This chapter shall be referred to and may be cited as the "Corrections Cooperative Endeavors and Private Management Act". Acts 1987, No. 427, § 1.

This chapter shall be referred to and may be cited as the "Corrections Cooperative Endeavors and Private Management Act".

Acts 1987, No. 427, § 1.
Ark. Code Ann. § 12-9-102 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-102
Definitions
Status: in_force

As used in this subchapter: (1) "Critical incident" means the same as defined in § 12-6-702 ; (2) "Law enforcement agency" means: (A) A private school or private college or university law enforcement agency as described in § 12-20-101 et seq.; (B) The Division of Law Enforcement Standards and Training and the Black River Technical College Law Enforcement Training Academy as designated under § 12-9-210 ; and (C) Any other entity designated by law as a law enforcement agency; (3) "Law enforcement officer" means an appointed law enforcement officer who is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state, excluding only those officers who are elected by a vote of the people; and (4) "Political subdivision" means any county, municipality, township, or other specific local unit of general government. Amended by Act 2021, No. 747,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 535,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5809, eff. 7/1/2019. Amended by Act 2017, No. 497,§ 2, eff. 8/1/2017. Acts 1975, No. 452, § 2; A.S.A. 1947, § 42-1001; Acts 1989, No. 25, § 2.

As used in this subchapter:

(1) "Critical incident" means the same as defined in § 12-6-702 ;

(2) "Law enforcement agency" means: (A) A private school or private college or university law enforcement agency as described in § 12-20-101 et seq.; (B) The Division of Law Enforcement Standards and Training and the Black River Technical College Law Enforcement Training Academy as designated under § 12-9-210 ; and (C) Any other entity designated by law as a law enforcement agency;

(A) A private school or private college or university law enforcement agency as described in § 12-20-101 et seq.;

(B) The Division of Law Enforcement Standards and Training and the Black River Technical College Law Enforcement Training Academy as designated under § 12-9-210 ; and

(C) Any other entity designated by law as a law enforcement agency;

(3) "Law enforcement officer" means an appointed law enforcement officer who is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state, excluding only those officers who are elected by a vote of the people; and

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

Amended by Act 2021, No. 747,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 535,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5809, eff. 7/1/2019.

Amended by Act 2017, No. 497,§ 2, eff. 8/1/2017.

Acts 1975, No. 452, § 2; A.S.A. 1947, § 42-1001; Acts 1989, No. 25, § 2.
Ark. Code Ann. § 12-82-102 — AR Code / Title 12 / Chapter 82 / Section 12-82-102
Purpose
Status: in_force

Because of existing and increasing accidents, incidents, and events involving hazardous and toxic materials in transport, manufacturing, storage, refining, and usage and because of federal mandates imposed upon state and local governments under the provisions of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq., it is found and declared to be necessary to: (1) Create a State Hazardous Materials Emergency Response Commission which shall be empowered to take the necessary actions and activities required under state and federal laws, rules, and regulations related to emergency planning, training, response, and recovery activities for hazardous and toxic materials; (2) Administer the provisions of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.; and (3) Authorize the commission to investigate, review, implement, and manage such standards and requirements as may be needed for the certification of public emergency responders and other related emergency personnel as may be subject to emergency response and recovery actions related to hazardous and toxic materials incidents, accidents, or events. Acts 1993, No. 567, § 2.

Because of existing and increasing accidents, incidents, and events involving hazardous and toxic materials in transport, manufacturing, storage, refining, and usage and because of federal mandates imposed upon state and local governments under the provisions of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq., it is found and declared to be necessary to:

(1) Create a State Hazardous Materials Emergency Response Commission which shall be empowered to take the necessary actions and activities required under state and federal laws, rules, and regulations related to emergency planning, training, response, and recovery activities for hazardous and toxic materials;

(2) Administer the provisions of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.; and

(3) Authorize the commission to investigate, review, implement, and manage such standards and requirements as may be needed for the certification of public emergency responders and other related emergency personnel as may be subject to emergency response and recovery actions related to hazardous and toxic materials incidents, accidents, or events.

Acts 1993, No. 567, § 2.
Ark. Code Ann. § 12-12-208 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-208
Coordination with national crime control information systems
Status: in_force

(a) (1) The Arkansas Crime Information Center shall be the central access and control agency for Arkansas's input, retrieval, and exchange of criminal justice information in the National Crime Information Center or its successor, and the National Law Enforcement Telecommunications System or its successor. (2) The Arkansas Crime Information Center shall be responsible for the coordination of all Arkansas user agencies with the National Crime Information Center and the National Law Enforcement Telecommunications System. (b) The Director of the Arkansas Crime Information Center or his or her designee shall serve as the National Crime Information Center control terminal officer and the National Law Enforcement Telecommunications System representative. Acts 1979, No. 124, §§ 1, 2; A.S.A. 1947, §§ 5-1102.1, 5-1102.2.

(a) (1) The Arkansas Crime Information Center shall be the central access and control agency for Arkansas's input, retrieval, and exchange of criminal justice information in the National Crime Information Center or its successor, and the National Law Enforcement Telecommunications System or its successor. (2) The Arkansas Crime Information Center shall be responsible for the coordination of all Arkansas user agencies with the National Crime Information Center and the National Law Enforcement Telecommunications System.

(1) The Arkansas Crime Information Center shall be the central access and control agency for Arkansas's input, retrieval, and exchange of criminal justice information in the National Crime Information Center or its successor, and the National Law Enforcement Telecommunications System or its successor.

(2) The Arkansas Crime Information Center shall be responsible for the coordination of all Arkansas user agencies with the National Crime Information Center and the National Law Enforcement Telecommunications System.

(b) The Director of the Arkansas Crime Information Center or his or her designee shall serve as the National Crime Information Center control terminal officer and the National Law Enforcement Telecommunications System representative.

Acts 1979, No. 124, §§ 1, 2; A.S.A. 1947, §§ 5-1102.1, 5-1102.2.
Ark. Code Ann. § 12-18-207 — AR Code / Title 12 / Chapter 18 / Subchapter 2 / Section 12-18-207
Judicial and prosecutorial disclosure
Status: in_force

A judge or prosecuting attorney who fails to make a report when required by this chapter is immune from criminal and civil liability under this chapter. Acts 2009, No. 749, § 1.

A judge or prosecuting attorney who fails to make a report when required by this chapter is immune from criminal and civil liability under this chapter.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-10-322 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-322
Direct access to 911 services required for multiline telephone systems
Status: in_force

(a) A covered multiline telephone system shall allow, as a default setting, any station equipped with dialing facilities to directly initiate a 911 call without requiring a user to dial any other digit, code, prefix, suffix, or trunk access code. (b) A business service user that owns or controls a multiline telephone system or an equivalent system that uses voice over internet protocol enabled service and provides outbound dialing capacity or access shall configure the multiline telephone system or equivalent system to allow a person initiating a 911 call on the multiline telephone system to directly access 911 service by dialing the digits "911" without an additional digit, code, prefix, suffix, or trunk access code. (c) A public or private entity that installs or operates a multiline telephone system shall ensure that the multiline telephone system is connected to allow a person initiating a 911 call on the multiline telephone system to directly access 911 service by dialing the digits "911" without an additional digit, code, prefix, suffix, or trunk access code. Amended by Act 2019, No. 660,§ 6, eff. 7/24/2019. Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826.

(a) A covered multiline telephone system shall allow, as a default setting, any station equipped with dialing facilities to directly initiate a 911 call without requiring a user to dial any other digit, code, prefix, suffix, or trunk access code.

(b) A business service user that owns or controls a multiline telephone system or an equivalent system that uses voice over internet protocol enabled service and provides outbound dialing capacity or access shall configure the multiline telephone system or equivalent system to allow a person initiating a 911 call on the multiline telephone system to directly access 911 service by dialing the digits "911" without an additional digit, code, prefix, suffix, or trunk access code.

(c) A public or private entity that installs or operates a multiline telephone system shall ensure that the multiline telephone system is connected to allow a person initiating a 911 call on the multiline telephone system to directly access 911 service by dialing the digits "911" without an additional digit, code, prefix, suffix, or trunk access code.

Amended by Act 2019, No. 660,§ 6, eff. 7/24/2019.

Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826.
Ark. Code Ann. § 12-64-809 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-809
Desertion
Status: in_force

(a) Any member of the organized militia is guilty of desertion if he or she: (1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently; (2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important services; or (3) Without being regularly separated from one (1) of the forces of the organized militia enlists or accepts an appointment in the same or another one of the forces of the organized militia without fully disclosing the fact that he or she has not been regularly separated. (b) Any commissioned officer of the organized militia who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion. (c) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct. Acts 1969, No. 50, § 128; A.S.A. 1947, § 11-710.

(a) Any member of the organized militia is guilty of desertion if he or she: (1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently; (2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important services; or (3) Without being regularly separated from one (1) of the forces of the organized militia enlists or accepts an appointment in the same or another one of the forces of the organized militia without fully disclosing the fact that he or she has not been regularly separated.

(1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important services; or

(3) Without being regularly separated from one (1) of the forces of the organized militia enlists or accepts an appointment in the same or another one of the forces of the organized militia without fully disclosing the fact that he or she has not been regularly separated.

(b) Any commissioned officer of the organized militia who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 128; A.S.A. 1947, § 11-710.
Ark. Code Ann. § 12-29-303 — AR Code / Title 12 / Chapter 29 / Subchapter 3 / Section 12-29-303
Privileges of students - Limitations
Status: in_force

A school established under this subchapter and a person incarcerated who attends the school shall be entitled to certain educational privileges provided generally to common public schools and adult education programs administered by the State Board of Education to students who attend the common public schools and adult education programs under the laws of the State of Arkansas, provided the privileges do not conflict with the rules and policies of the State Board of Education, the Division of Correction, and the Division of Community Correction or the laws of the state respecting the establishment and operation of the Division of Correction and the Division of Community Correction. Amended by Act 2019, No. 910,§ 798, eff. 7/1/2019. Acts 1973, No. 279, § 5; A.S.A. 1947, § 46-1305; Acts 2005, No. 496, § 2.

A school established under this subchapter and a person incarcerated who attends the school shall be entitled to certain educational privileges provided generally to common public schools and adult education programs administered by the State Board of Education to students who attend the common public schools and adult education programs under the laws of the State of Arkansas, provided the privileges do not conflict with the rules and policies of the State Board of Education, the Division of Correction, and the Division of Community Correction or the laws of the state respecting the establishment and operation of the Division of Correction and the Division of Community Correction.

Amended by Act 2019, No. 910,§ 798, eff. 7/1/2019.

Acts 1973, No. 279, § 5; A.S.A. 1947, § 46-1305; Acts 2005, No. 496, § 2.
Ark. Code Ann. § 12-64-830 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-830
False official statements
Status: in_force

Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, rule, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct. Amended by Act 2019, No. 315,§ 964, eff. 7/24/2019. Acts 1969, No. 50, § 148; A.S.A. 1947, § 11-730.

Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, rule, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.

Amended by Act 2019, No. 315,§ 964, eff. 7/24/2019.

Acts 1969, No. 50, § 148; A.S.A. 1947, § 11-730.
Ark. Code Ann. § 12-13-102 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-102
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 9, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5860, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5859, eff. 7/1/2019. Acts 1955, No. 254, § 2; A.S.A. 1947, § 82-807.

Repealed by Act 2023, No. 841,§ 9, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5860, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5859, eff. 7/1/2019.

Acts 1955, No. 254, § 2; A.S.A. 1947, § 82-807.
Ark. Code Ann. § 12-84-107 — AR Code / Title 12 / Chapter 84 / Section 12-84-107
Office of Hazardous Materials Emergency Management Revolving Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund account to be known as the "Office of Hazardous Materials Emergency Management Revolving Fund". (b) All moneys collected under this subchapter shall be deposited to the credit of that fund as special revenues and shall be used by the State Office of Hazardous Materials Emergency Management to operate the office and enforce this chapter. Acts 1995, No. 634, § 6.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund account to be known as the "Office of Hazardous Materials Emergency Management Revolving Fund".

(b) All moneys collected under this subchapter shall be deposited to the credit of that fund as special revenues and shall be used by the State Office of Hazardous Materials Emergency Management to operate the office and enforce this chapter.

Acts 1995, No. 634, § 6.
Ark. Code Ann. § 12-41-405 — AR Code / Title 12 / Chapter 41 / Subchapter 4 / Section 12-41-405
Management of city jail populations
Status: in_force

(a) (1) The chief of police, or his or her designee, may determine if a person convicted and sentenced to the city jail shall serve his or her sentence on electronic monitoring or on weekends if the determination does not conflict with any court orders. (2) If the chief of police, or his or her designee, determines that a person convicted and sentenced to the city jail shall serve his or her sentence on electronic monitoring or on weekends, an agreement shall be entered into between the chief of police, or his or her designee, and the convicted person outlining the conditions of the sentence. (b) If the convicted person fails to follow the conditions of the agreement, the chief of police, or his or her designee, may cancel the agreement and return the convicted person to the city jail by any lawful means necessary to serve the sentence. Acts 2005, No. 423, § 2.

(a) (1) The chief of police, or his or her designee, may determine if a person convicted and sentenced to the city jail shall serve his or her sentence on electronic monitoring or on weekends if the determination does not conflict with any court orders. (2) If the chief of police, or his or her designee, determines that a person convicted and sentenced to the city jail shall serve his or her sentence on electronic monitoring or on weekends, an agreement shall be entered into between the chief of police, or his or her designee, and the convicted person outlining the conditions of the sentence.

(1) The chief of police, or his or her designee, may determine if a person convicted and sentenced to the city jail shall serve his or her sentence on electronic monitoring or on weekends if the determination does not conflict with any court orders.

(2) If the chief of police, or his or her designee, determines that a person convicted and sentenced to the city jail shall serve his or her sentence on electronic monitoring or on weekends, an agreement shall be entered into between the chief of police, or his or her designee, and the convicted person outlining the conditions of the sentence.

(b) If the convicted person fails to follow the conditions of the agreement, the chief of police, or his or her designee, may cancel the agreement and return the convicted person to the city jail by any lawful means necessary to serve the sentence.

Acts 2005, No. 423, § 2.
Ark. Code Ann. § 12-30-214 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-214
Appropriations - Contracts
Status: in_force

(a) Incident to the employment of prisoners as provided in this subchapter, the Board of Corrections is authorized to: (1) Erect buildings; (2) Purchase, install, or replace equipment; (3) Procure tools, supplies, and materials; (4) Employ personnel; and (5) Otherwise defray necessary expenses. (b) (1) To further aid the purposes in subsection (a) of this section, the board is empowered to enter into contracts and agreements with any person or persons upon a self-liquidating basis respecting the acquisition and purchase of any equipment, tools, supplies, and materials to the end that they may be paid for over a period of not exceeding ten (10) years. (2) The aggregate amount of the purchases or acquisitions are not to exceed five hundred thousand dollars ($500,000) unless specifically approved by the Governor with the amounts to be payable solely out of the revenues derived from the activities authorized by this subchapter. (c) Nothing in this section shall be construed or interpreted to authorize or permit the incurring of a state debt of any kind or nature as contemplated by the Arkansas Constitution in relation to the debt. Acts 1967, No. 473, § 12; A.S.A. 1947, § 46-245.

(a) Incident to the employment of prisoners as provided in this subchapter, the Board of Corrections is authorized to: (1) Erect buildings; (2) Purchase, install, or replace equipment; (3) Procure tools, supplies, and materials; (4) Employ personnel; and (5) Otherwise defray necessary expenses.

(1) Erect buildings;

(2) Purchase, install, or replace equipment;

(3) Procure tools, supplies, and materials;

(4) Employ personnel; and

(5) Otherwise defray necessary expenses.

(b) (1) To further aid the purposes in subsection (a) of this section, the board is empowered to enter into contracts and agreements with any person or persons upon a self-liquidating basis respecting the acquisition and purchase of any equipment, tools, supplies, and materials to the end that they may be paid for over a period of not exceeding ten (10) years. (2) The aggregate amount of the purchases or acquisitions are not to exceed five hundred thousand dollars ($500,000) unless specifically approved by the Governor with the amounts to be payable solely out of the revenues derived from the activities authorized by this subchapter.

(1) To further aid the purposes in subsection (a) of this section, the board is empowered to enter into contracts and agreements with any person or persons upon a self-liquidating basis respecting the acquisition and purchase of any equipment, tools, supplies, and materials to the end that they may be paid for over a period of not exceeding ten (10) years.

(2) The aggregate amount of the purchases or acquisitions are not to exceed five hundred thousand dollars ($500,000) unless specifically approved by the Governor with the amounts to be payable solely out of the revenues derived from the activities authorized by this subchapter.

(c) Nothing in this section shall be construed or interpreted to authorize or permit the incurring of a state debt of any kind or nature as contemplated by the Arkansas Constitution in relation to the debt.

Acts 1967, No. 473, § 12; A.S.A. 1947, § 46-245.
Ark. Code Ann. § 12-61-118 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-118
Resumption of National Guard service
Status: in_force

Upon the termination of any emergency for which the National Guard of Arkansas has been ordered into the military service of the United States, all enlisted personnel, upon being released under honorable conditions from the Army or Air Force of the United States, shall continue to serve in the National Guard of Arkansas until the dates upon which their enlistments prior to their active duty would have expired if uninterrupted. The commissioned officers shall resume their commissions in the National Guard of Arkansas in the respective grades held by them when ordered to active duty or in any higher grade which they may have attained while in service if appointed by the Governor to fill existing vacancies. Acts 1969, No. 50, § 17; 1985, No. 670, § 2; A.S.A. 1947, § 11-117.

Upon the termination of any emergency for which the National Guard of Arkansas has been ordered into the military service of the United States, all enlisted personnel, upon being released under honorable conditions from the Army or Air Force of the United States, shall continue to serve in the National Guard of Arkansas until the dates upon which their enlistments prior to their active duty would have expired if uninterrupted. The commissioned officers shall resume their commissions in the National Guard of Arkansas in the respective grades held by them when ordered to active duty or in any higher grade which they may have attained while in service if appointed by the Governor to fill existing vacancies.

Acts 1969, No. 50, § 17; 1985, No. 670, § 2; A.S.A. 1947, § 11-117.
Ark. Code Ann. § 12-18-201 — AR Code / Title 12 / Chapter 18 / Subchapter 2 / Section 12-18-201
Failure to notify by a mandated reporter in the first degree
Status: in_force

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

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

(1) Is a mandated reporter under this chapter;

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

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

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

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

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

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

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

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

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

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

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

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

Amended by Act 2023, No. 727,§ 3, eff. 8/1/2023.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-62-301 — AR Code / Title 12 / Chapter 62 / Subchapter 3 / Section 12-62-301
Pay generally
Status: in_force

Each officer, warrant officer, and enlisted person ordered for duty by the Governor or under his or her authority by the commanding general of the National Guard shall be paid by the state for every day actually on duty the same basic pay as officers and enlisted personnel of the United States Armed Forces of equal grade, rating, and length of service and such allowances as may be authorized in rules issued in accordance with the provisions of this code or at a flat daily rate of forty dollars ($40.00) for each day of twenty-four (24) hours or less actually spent on active duty, whichever is greater. However, officers and enlisted personnel shall not receive from the state the pay and allowances provided by this section when ordered on duty thereunder in compliance with instructions from the United States Government for services for which they are to receive pay and allowances from federal funds. Amended by Act 2019, No. 315,§ 935, eff. 7/24/2019. Acts 1969, No. 50, § 184; 1981, No. 407, § 1; A.S.A. 1947, § 11-901.

Each officer, warrant officer, and enlisted person ordered for duty by the Governor or under his or her authority by the commanding general of the National Guard shall be paid by the state for every day actually on duty the same basic pay as officers and enlisted personnel of the United States Armed Forces of equal grade, rating, and length of service and such allowances as may be authorized in rules issued in accordance with the provisions of this code or at a flat daily rate of forty dollars ($40.00) for each day of twenty-four (24) hours or less actually spent on active duty, whichever is greater. However, officers and enlisted personnel shall not receive from the state the pay and allowances provided by this section when ordered on duty thereunder in compliance with instructions from the United States Government for services for which they are to receive pay and allowances from federal funds.

Amended by Act 2019, No. 315,§ 935, eff. 7/24/2019.

Acts 1969, No. 50, § 184; 1981, No. 407, § 1; A.S.A. 1947, § 11-901.
Ark. Code Ann. § 12-63-204 — AR Code / Title 12 / Chapter 63 / Subchapter 2 / Section 12-63-204
Police officers - Evidence of authority
Status: in_force

(a) (1) Military reservation police officers shall be identified by a shield or badge bearing the name of the military reservation and the words "police officer". (2) The shield or badge shall be conspicuously worn when the police officer is on duty. (b) The police officer's authorization shall be further evidenced by a certificate of appointment issued by the Adjutant General and carried on his or her person at all times when on duty. Acts 1979, No. 895, § 1; 1983, No. 852, § 1; A.S.A. 1947, § 11-1812.

(a) (1) Military reservation police officers shall be identified by a shield or badge bearing the name of the military reservation and the words "police officer". (2) The shield or badge shall be conspicuously worn when the police officer is on duty.

(1) Military reservation police officers shall be identified by a shield or badge bearing the name of the military reservation and the words "police officer".

(2) The shield or badge shall be conspicuously worn when the police officer is on duty.

(b) The police officer's authorization shall be further evidenced by a certificate of appointment issued by the Adjutant General and carried on his or her person at all times when on duty.

Acts 1979, No. 895, § 1; 1983, No. 852, § 1; A.S.A. 1947, § 11-1812.
Ark. Code Ann. § 12-63-205 — AR Code / Title 12 / Chapter 63 / Subchapter 2 / Section 12-63-205
Police officers - Liability
Status: in_force

(a) A police officer appointed and designated under this subchapter and any other employees authorized under this subchapter, who perform the duties under this subchapter are not personally liable for injuries to persons or for damage to property that occurs while acting within the scope of their authority on behalf of the State of Arkansas on the military reservation. (b) A police officer appointed and designated under this subchapter and any other employees authorized under this subchapter who perform the duties under this subchapter are not personally liable for injuries to persons or for damage to property that occurs while acting within the scope of their authority on behalf of the State of Arkansas on other real property that has all of the following characteristics: (1) Adjoins a military reservation; (2) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (3) Is real property upon which the Adjutant General has undertaken to provide police or security services. Acts 1979, No. 895, § 9; 1983, No. 852, § 8; A.S.A. 1947, § 11-1820; Acts 2003, No. 1355, § 3.

(a) A police officer appointed and designated under this subchapter and any other employees authorized under this subchapter, who perform the duties under this subchapter are not personally liable for injuries to persons or for damage to property that occurs while acting within the scope of their authority on behalf of the State of Arkansas on the military reservation.

(b) A police officer appointed and designated under this subchapter and any other employees authorized under this subchapter who perform the duties under this subchapter are not personally liable for injuries to persons or for damage to property that occurs while acting within the scope of their authority on behalf of the State of Arkansas on other real property that has all of the following characteristics: (1) Adjoins a military reservation; (2) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and (3) Is real property upon which the Adjutant General has undertaken to provide police or security services.

(1) Adjoins a military reservation;

(2) Is owned, leased, or otherwise under the legal control of an instrumentality of the United States or an instrumentality of the State of Arkansas; and

(3) Is real property upon which the Adjutant General has undertaken to provide police or security services.

Acts 1979, No. 895, § 9; 1983, No. 852, § 8; A.S.A. 1947, § 11-1820; Acts 2003, No. 1355, § 3.
Ark. Code Ann. § 12-12-1116 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1116
Prohibition against disclosure for pecuniary gain
Status: in_force

Upon conviction, a person is guilty of a Class D felony if the person: (1) Possesses or accesses individually identifiable DNA information contained in the State DNA Data Base or State DNA Data Bank; (2) Carries out functions of this subchapter as an employee, official, or contractor, including an officer, employee, or agent of a contractor; and (3) For pecuniary gain of the person or another person, knowingly discloses individually identifiable DNA information contained in the data base or data bank in any manner to a person or agency not authorized to receive the individually identifiable DNA information contained in the data base or data bank. Acts 1997, No. 737, § 16; 2009, No. 974, § 13.

Upon conviction, a person is guilty of a Class D felony if the person:

(1) Possesses or accesses individually identifiable DNA information contained in the State DNA Data Base or State DNA Data Bank;

(2) Carries out functions of this subchapter as an employee, official, or contractor, including an officer, employee, or agent of a contractor; and

(3) For pecuniary gain of the person or another person, knowingly discloses individually identifiable DNA information contained in the data base or data bank in any manner to a person or agency not authorized to receive the individually identifiable DNA information contained in the data base or data bank.

Acts 1997, No. 737, § 16; 2009, No. 974, § 13.
Ark. Code Ann. § 12-30-306 — AR Code / Title 12 / Chapter 30 / Subchapter 3 / Section 12-30-306
Purchases, expenditures, and sales - Compliance with laws
Status: in_force

(a) All purchases for or in behalf of the Division of Correction and its various institutions shall be in strict compliance with the state purchasing laws and applicable rules promulgated thereunder. (b) All expenditures of funds appropriated for the division shall be in accordance with the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., and other applicable fiscal laws of this state governing expenditure of state funds. (c) All sales of farm products, livestock, or other products produced in connection with the agriculture and livestock activities at the respective institutions of the division shall be in accordance with the applicable laws of this state governing the advertising for bids and awarding of contracts for the sales. Amended by Act 2019, No. 315,§ 910, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 826, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 17; A.S.A. 1947, § 46-220.1.

(a) All purchases for or in behalf of the Division of Correction and its various institutions shall be in strict compliance with the state purchasing laws and applicable rules promulgated thereunder.

(b) All expenditures of funds appropriated for the division shall be in accordance with the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., and other applicable fiscal laws of this state governing expenditure of state funds.

(c) All sales of farm products, livestock, or other products produced in connection with the agriculture and livestock activities at the respective institutions of the division shall be in accordance with the applicable laws of this state governing the advertising for bids and awarding of contracts for the sales.

Amended by Act 2019, No. 315,§ 910, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 826, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 17; A.S.A. 1947, § 46-220.1.
Ark. Code Ann. § 12-63-302 — AR Code / Title 12 / Chapter 63 / Subchapter 3 / Section 12-63-302
Rules for use
Status: in_force

(a) The Adjutant General shall issue rules governing the use of armories, landing fields, and hangars acquired under the provisions of this code. (b) The Adjutant General is authorized to appoint one (1) or more persons at the location of each armory, landing field, or hangar, who shall have charge of such property and govern the use of it in accordance with the rules issued by the Adjutant General. Amended by Act 2019, No. 315,§ 942, eff. 7/24/2019. Acts 1969, No. 50, § 179; A.S.A. 1947, § 11-803.

(a) The Adjutant General shall issue rules governing the use of armories, landing fields, and hangars acquired under the provisions of this code.

(b) The Adjutant General is authorized to appoint one (1) or more persons at the location of each armory, landing field, or hangar, who shall have charge of such property and govern the use of it in accordance with the rules issued by the Adjutant General.

Amended by Act 2019, No. 315,§ 942, eff. 7/24/2019.

Acts 1969, No. 50, § 179; A.S.A. 1947, § 11-803.
Ark. Code Ann. § 12-88-101 — AR Code / Title 12 / Chapter 88 / Section 12-88-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Business Rapid Response to State Disasters Facilitation Act". Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.

This chapter shall be known and may be cited as the "Business Rapid Response to State Disasters Facilitation Act".

Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Ark. Code Ann. § 12-12-1706 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1706
Civil penalties
Status: in_force

(a) (1) The Attorney General may institute a civil action on behalf of the State of Arkansas against any long-term care facility caregiver or board and care facility caregiver necessary to enforce any provision of this subchapter. (2) Notwithstanding any criminal penalties assessed, any caregiver against whom any civil judgment is entered as the result of a civil action brought by the State of Arkansas through the Attorney General on a complaint alleging that caregiver to have abused, neglected, or exploited an endangered person or an impaired person in a board and care facility or in a long-term care facility certified under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., shall be subject to pay a civil penalty: (A) Not to exceed ten thousand dollars ($10,000) for each violation judicially found to have occurred; or (B) Not to exceed fifty thousand dollars ($50,000) for the death of a long-term care facility resident that results from a single violation. (3) (A) The Attorney General shall not be precluded from recovering civil penalties under subdivision (a)(2)(A) of this section for the death of a person that results from multiple violations. (B) However, the Attorney General may not recover civil penalties under both subdivisions (a)(2)(A) and (B) of this section. (b) In any action brought under this section, the Attorney General shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. (c) Any civil penalty under subdivision (a)(2) of this section shall be paid into the State Treasury and credited to the Arkansas Medicaid Program Trust Fund. (d) Any caregiver against whom any civil judgment is entered as the result of a civil action under this section by the Attorney General shall be required to pay to the Attorney General all reasonable expenses that the court determines have been necessarily incurred in the enforcement of this subchapter. (e) A civil action under this section may not be brought more than three (3) years after the date on which the violation of this subchapter is committed. Amended by Act 2021, No. 617,§ 4, eff. 7/28/2021. Acts 2005, No. 1812, § 1.

(a) (1) The Attorney General may institute a civil action on behalf of the State of Arkansas against any long-term care facility caregiver or board and care facility caregiver necessary to enforce any provision of this subchapter. (2) Notwithstanding any criminal penalties assessed, any caregiver against whom any civil judgment is entered as the result of a civil action brought by the State of Arkansas through the Attorney General on a complaint alleging that caregiver to have abused, neglected, or exploited an endangered person or an impaired person in a board and care facility or in a long-term care facility certified under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., shall be subject to pay a civil penalty: (A) Not to exceed ten thousand dollars ($10,000) for each violation judicially found to have occurred; or (B) Not to exceed fifty thousand dollars ($50,000) for the death of a long-term care facility resident that results from a single violation. (3) (A) The Attorney General shall not be precluded from recovering civil penalties under subdivision (a)(2)(A) of this section for the death of a person that results from multiple violations. (B) However, the Attorney General may not recover civil penalties under both subdivisions (a)(2)(A) and (B) of this section.

(1) The Attorney General may institute a civil action on behalf of the State of Arkansas against any long-term care facility caregiver or board and care facility caregiver necessary to enforce any provision of this subchapter.

(2) Notwithstanding any criminal penalties assessed, any caregiver against whom any civil judgment is entered as the result of a civil action brought by the State of Arkansas through the Attorney General on a complaint alleging that caregiver to have abused, neglected, or exploited an endangered person or an impaired person in a board and care facility or in a long-term care facility certified under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., shall be subject to pay a civil penalty: (A) Not to exceed ten thousand dollars ($10,000) for each violation judicially found to have occurred; or (B) Not to exceed fifty thousand dollars ($50,000) for the death of a long-term care facility resident that results from a single violation.

(A) Not to exceed ten thousand dollars ($10,000) for each violation judicially found to have occurred; or

(B) Not to exceed fifty thousand dollars ($50,000) for the death of a long-term care facility resident that results from a single violation.

(3) (A) The Attorney General shall not be precluded from recovering civil penalties under subdivision (a)(2)(A) of this section for the death of a person that results from multiple violations. (B) However, the Attorney General may not recover civil penalties under both subdivisions (a)(2)(A) and (B) of this section.

(A) The Attorney General shall not be precluded from recovering civil penalties under subdivision (a)(2)(A) of this section for the death of a person that results from multiple violations.

(B) However, the Attorney General may not recover civil penalties under both subdivisions (a)(2)(A) and (B) of this section.

(b) In any action brought under this section, the Attorney General shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

(c) Any civil penalty under subdivision (a)(2) of this section shall be paid into the State Treasury and credited to the Arkansas Medicaid Program Trust Fund.

(d) Any caregiver against whom any civil judgment is entered as the result of a civil action under this section by the Attorney General shall be required to pay to the Attorney General all reasonable expenses that the court determines have been necessarily incurred in the enforcement of this subchapter.

(e) A civil action under this section may not be brought more than three (3) years after the date on which the violation of this subchapter is committed.

Amended by Act 2021, No. 617,§ 4, eff. 7/28/2021.

Acts 2005, No. 1812, § 1.
Ark. Code Ann. § 12-12-602 — AR Code / Title 12 / Chapter 12 / Subchapter 6 / Section 12-12-602
Report of treatment required
Status: in_force

(a) All physicians, surgeons, hospitals, druggists, or other persons or entities that render first aid treatment to a person shall report as provided in subsection (b) of this section if they treat or receive in the hospital a case of a: (1) Knife or gunshot wound when the knife or gunshot wound appears to have been intentionally inflicted; or (2) Burn wound that could reasonably be connected to criminal activity that is: (A) A second or third degree burn to five percent (5%) or more of a person's body; or (B) A burn to a person's upper respiratory tract or laryngeal edema due to the inhalation of super-heated air. (b) The reporting requirements of this subchapter are satisfied if: (1) The report is made to the county sheriff; (2) Within a city of the first class, the report is made to the municipal law enforcement agency; or (3) The report is made under subdivision (a)(2) of this section to the local fire marshal, fire chief, assistant fire chief, or an officer of the fire department having jurisdiction. (c) A physician, surgeon, hospital, druggist, or other person or entity required to report under this section that, in good faith, makes a report under this section has immunity from any civil or criminal liability that might otherwise be incurred or imposed with respect to the making of a report under this section. Acts 1949, No. 258, § 1; A.S.A. 1947, § 42-501; Acts 2005, No. 1962, § 33; 2011, No. 270, § 1.

(a) All physicians, surgeons, hospitals, druggists, or other persons or entities that render first aid treatment to a person shall report as provided in subsection (b) of this section if they treat or receive in the hospital a case of a: (1) Knife or gunshot wound when the knife or gunshot wound appears to have been intentionally inflicted; or (2) Burn wound that could reasonably be connected to criminal activity that is: (A) A second or third degree burn to five percent (5%) or more of a person's body; or (B) A burn to a person's upper respiratory tract or laryngeal edema due to the inhalation of super-heated air.

(1) Knife or gunshot wound when the knife or gunshot wound appears to have been intentionally inflicted; or

(2) Burn wound that could reasonably be connected to criminal activity that is: (A) A second or third degree burn to five percent (5%) or more of a person's body; or (B) A burn to a person's upper respiratory tract or laryngeal edema due to the inhalation of super-heated air.

(A) A second or third degree burn to five percent (5%) or more of a person's body; or

(B) A burn to a person's upper respiratory tract or laryngeal edema due to the inhalation of super-heated air.

(b) The reporting requirements of this subchapter are satisfied if: (1) The report is made to the county sheriff; (2) Within a city of the first class, the report is made to the municipal law enforcement agency; or (3) The report is made under subdivision (a)(2) of this section to the local fire marshal, fire chief, assistant fire chief, or an officer of the fire department having jurisdiction.

(1) The report is made to the county sheriff;

(2) Within a city of the first class, the report is made to the municipal law enforcement agency; or

(3) The report is made under subdivision (a)(2) of this section to the local fire marshal, fire chief, assistant fire chief, or an officer of the fire department having jurisdiction.

(c) A physician, surgeon, hospital, druggist, or other person or entity required to report under this section that, in good faith, makes a report under this section has immunity from any civil or criminal liability that might otherwise be incurred or imposed with respect to the making of a report under this section.

Acts 1949, No. 258, § 1; A.S.A. 1947, § 42-501; Acts 2005, No. 1962, § 33; 2011, No. 270, § 1.
Ark. Code Ann. § 12-61-115 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-115
Proclamation of emergency
Status: in_force

(a) Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his or her judgment the maintenance of law and order or preservation of the public health or security will thereby be promoted, may by proclamation declare the county, city, zone, or sector in which the troops are serving, or any specified portion thereof, to be in a state of insurrection or emergency. (b) Should the Governor proclaim a state of insurrection or emergency hereunder and in the event the local courts or law enforcement officers are incapable of functioning, such legal functions in furtherance of the enforcement of the civil laws of the state shall be performed by the militia. (c) This section does not authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition. (d) Any law enforcement officer or member of the militia who seizes or confiscates a firearm or ammunition from an individual under this section shall return the seized or confiscated firearm or ammunition to the individual unless: (1) The individual is arrested for a criminal offense; or (2) The seized firearm or ammunition is needed as evidence in the furtherance of an investigation of a criminal offense. Acts 1969, No. 50, §§ 8, 20; A.S.A. 1947, §§ 11-108, 11-120; Acts 2007, No. 1578, § 1.

(a) Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his or her judgment the maintenance of law and order or preservation of the public health or security will thereby be promoted, may by proclamation declare the county, city, zone, or sector in which the troops are serving, or any specified portion thereof, to be in a state of insurrection or emergency.

(b) Should the Governor proclaim a state of insurrection or emergency hereunder and in the event the local courts or law enforcement officers are incapable of functioning, such legal functions in furtherance of the enforcement of the civil laws of the state shall be performed by the militia.

(c) This section does not authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition.

(d) Any law enforcement officer or member of the militia who seizes or confiscates a firearm or ammunition from an individual under this section shall return the seized or confiscated firearm or ammunition to the individual unless: (1) The individual is arrested for a criminal offense; or (2) The seized firearm or ammunition is needed as evidence in the furtherance of an investigation of a criminal offense.

(1) The individual is arrested for a criminal offense; or

(2) The seized firearm or ammunition is needed as evidence in the furtherance of an investigation of a criminal offense.

Acts 1969, No. 50, §§ 8, 20; A.S.A. 1947, §§ 11-108, 11-120; Acts 2007, No. 1578, § 1.
Ark. Code Ann. § 12-41-109 — AR Code / Title 12 / Chapter 41 / Subchapter 1 / Section 12-41-109
Use of federal relief or stimulus funds to pay outstanding court obligations
Status: in_force

Unless prohibited by federal law, a person who is in the custody of a local or regional correctional facility for an offense committed in the state who receives any federal relief or stimulus funds from the United States Government is required to first use the federal relief or stimulus funds to pay off existing court fines, fees, costs, or restitution before he or she may use the federal relief or stimulus funds for any other purpose. Added by Act 2021, No. 1110,§ 2, eff. 5/3/2021.

Unless prohibited by federal law, a person who is in the custody of a local or regional correctional facility for an offense committed in the state who receives any federal relief or stimulus funds from the United States Government is required to first use the federal relief or stimulus funds to pay off existing court fines, fees, costs, or restitution before he or she may use the federal relief or stimulus funds for any other purpose.

Added by Act 2021, No. 1110,§ 2, eff. 5/3/2021.
Ark. Code Ann. § 12-18-508 — AR Code / Title 12 / Chapter 18 / Subchapter 5 / Section 12-18-508
Notice to United States military organizations of alleged child maltreatment - Definitions
Status: in_force

(a) As used in this section: (1) "Active duty service member" means a member of the armed forces on full-time duty status under Title 10 or Title 32 of the United States Code, as it existed on January 1, 2023; (2) "Child" means a biological child, adopted child, stepchild, foster child, or ward of an active duty service member; and (3) "Family advocacy program" means a congressionally mandated United States Department of Defense activity implemented through branches of the United States Armed Forces to address domestic abuse and child abuse through prevention, response, clinical assessment, treatment, and related services for active duty service members and their families. (b) When the Child Abuse Hotline accepts a report involving as an alleged victim a child of an active duty service member, the Department of Human Services or the Division of Arkansas State Police shall immediately notify the applicable family advocacy program or other person or entity designated by the military authority for the military installation associated with the active duty service member. (c) When the Child Abuse Hotline accepts a report involving as an alleged offender a person who is an active duty service member, the Department of Human Services or the Division of Arkansas State Police shall immediately notify the applicable family advocacy program or other person or entity designated by the military authority for the military installation associated with the active duty service member. (d) (1) When the Child Abuse Hotline accepts a report alleging child maltreatment that occurred during an activity conducted or sanctioned by the United States Department of Defense or its subdivisions, or occurred at a facility operated by the United States Department of Defense or its subdivisions, the Department of Human Services or the Division of Arkansas State Police shall immediately notify the applicable family advocacy program or other person or entity designated by the military authority for the military installation associated with the activity or facility. (2) Facilities covered under the notification requirement in subdivision (d)(1) of this section include without limitation all military installations and recruiting locations, as well as schools, daycares, and youth programs operated by the United States Department of Defense or its subdivisions, and schools, daycares, and youth programs that are allowed to operate on military installations, recruiting locations, or other military facilities. (e) The notice required under this section shall include notice of the Child Abuse Hotline's receipt of a report of suspected child maltreatment. (f) The Department of Human Services and the Division of Arkansas State Police may promulgate rules and enter into memoranda of understanding with the United States Department of Defense and its subdivisions to ensure that the notification required under this section is provided. Amended by Act 2023, No. 528,§ 1, eff. 8/1/2023. Added by Act 2017, No. 528,§ 1, eff. 8/1/2017.

(a) As used in this section: (1) "Active duty service member" means a member of the armed forces on full-time duty status under Title 10 or Title 32 of the United States Code, as it existed on January 1, 2023; (2) "Child" means a biological child, adopted child, stepchild, foster child, or ward of an active duty service member; and (3) "Family advocacy program" means a congressionally mandated United States Department of Defense activity implemented through branches of the United States Armed Forces to address domestic abuse and child abuse through prevention, response, clinical assessment, treatment, and related services for active duty service members and their families.

(1) "Active duty service member" means a member of the armed forces on full-time duty status under Title 10 or Title 32 of the United States Code, as it existed on January 1, 2023;

(2) "Child" means a biological child, adopted child, stepchild, foster child, or ward of an active duty service member; and

(3) "Family advocacy program" means a congressionally mandated United States Department of Defense activity implemented through branches of the United States Armed Forces to address domestic abuse and child abuse through prevention, response, clinical assessment, treatment, and related services for active duty service members and their families.

(b) When the Child Abuse Hotline accepts a report involving as an alleged victim a child of an active duty service member, the Department of Human Services or the Division of Arkansas State Police shall immediately notify the applicable family advocacy program or other person or entity designated by the military authority for the military installation associated with the active duty service member.

(c) When the Child Abuse Hotline accepts a report involving as an alleged offender a person who is an active duty service member, the Department of Human Services or the Division of Arkansas State Police shall immediately notify the applicable family advocacy program or other person or entity designated by the military authority for the military installation associated with the active duty service member.

(d) (1) When the Child Abuse Hotline accepts a report alleging child maltreatment that occurred during an activity conducted or sanctioned by the United States Department of Defense or its subdivisions, or occurred at a facility operated by the United States Department of Defense or its subdivisions, the Department of Human Services or the Division of Arkansas State Police shall immediately notify the applicable family advocacy program or other person or entity designated by the military authority for the military installation associated with the activity or facility. (2) Facilities covered under the notification requirement in subdivision (d)(1) of this section include without limitation all military installations and recruiting locations, as well as schools, daycares, and youth programs operated by the United States Department of Defense or its subdivisions, and schools, daycares, and youth programs that are allowed to operate on military installations, recruiting locations, or other military facilities.

(1) When the Child Abuse Hotline accepts a report alleging child maltreatment that occurred during an activity conducted or sanctioned by the United States Department of Defense or its subdivisions, or occurred at a facility operated by the United States Department of Defense or its subdivisions, the Department of Human Services or the Division of Arkansas State Police shall immediately notify the applicable family advocacy program or other person or entity designated by the military authority for the military installation associated with the activity or facility.

(2) Facilities covered under the notification requirement in subdivision (d)(1) of this section include without limitation all military installations and recruiting locations, as well as schools, daycares, and youth programs operated by the United States Department of Defense or its subdivisions, and schools, daycares, and youth programs that are allowed to operate on military installations, recruiting locations, or other military facilities.

(e) The notice required under this section shall include notice of the Child Abuse Hotline's receipt of a report of suspected child maltreatment.

(f) The Department of Human Services and the Division of Arkansas State Police may promulgate rules and enter into memoranda of understanding with the United States Department of Defense and its subdivisions to ensure that the notification required under this section is provided.

Amended by Act 2023, No. 528,§ 1, eff. 8/1/2023.

Added by Act 2017, No. 528,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 12-13-113 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-113
Service of process, order, or notice
Status: in_force

Any officer of the Department of Arkansas State Police may serve any order, notice, or process issued under the authority of this subchapter. The officer may make a return of service in the same manner as required by law for the return of service of process by a county sheriff of a county. Acts 1955, No. 254, § 15; A.S.A. 1947, § 82-820.

Any officer of the Department of Arkansas State Police may serve any order, notice, or process issued under the authority of this subchapter. The officer may make a return of service in the same manner as required by law for the return of service of process by a county sheriff of a county.

Acts 1955, No. 254, § 15; A.S.A. 1947, § 82-820.
Ark. Code Ann. § 12-64-510 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-510
Duties of trial and defense counsel
Status: in_force

(a) The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of the proceedings. (b) The accused has the right to be represented in his or her defense before a general or special court-martial by: (1) Civilian counsel if provided by the accused; (2) Military counsel of the accused's own selection if reasonably available; or (3) The defense counsel detailed under this code. (c) In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters as he or she feels should be considered in behalf of the accused on review including any objection to the contents of the record which he or she considers appropriate. (d) (1) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by this code, perform any duty imposed by law, rule, regulation, or the custom of the service upon the trial counsel of the court. (2) An assistant trial counsel of a special court-martial may perform any duty of the trial counsel. (e) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by this code, perform any duty imposed by law, rule, regulation, or the custom of the service upon counsel for the accused. Amended by Act 2019, No. 315,§ 955, eff. 7/24/2019. Amended by Act 2015, No. 1003,§ 20, eff. 7/22/2015. Acts 1969, No. 50, § 84; A.S.A. 1947, § 11-639; Acts 1987, No. 125, § 7.

(a) The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of the proceedings.

(b) The accused has the right to be represented in his or her defense before a general or special court-martial by: (1) Civilian counsel if provided by the accused; (2) Military counsel of the accused's own selection if reasonably available; or (3) The defense counsel detailed under this code.

(1) Civilian counsel if provided by the accused;

(2) Military counsel of the accused's own selection if reasonably available; or

(3) The defense counsel detailed under this code.

(c) In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters as he or she feels should be considered in behalf of the accused on review including any objection to the contents of the record which he or she considers appropriate.

(d) (1) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by this code, perform any duty imposed by law, rule, regulation, or the custom of the service upon the trial counsel of the court. (2) An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.

(1) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by this code, perform any duty imposed by law, rule, regulation, or the custom of the service upon the trial counsel of the court.

(2) An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.

(e) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by this code, perform any duty imposed by law, rule, regulation, or the custom of the service upon counsel for the accused.

Amended by Act 2019, No. 315,§ 955, eff. 7/24/2019.

Amended by Act 2015, No. 1003,§ 20, eff. 7/22/2015.

Acts 1969, No. 50, § 84; A.S.A. 1947, § 11-639; Acts 1987, No. 125, § 7.
Ark. Code Ann. § 12-19-105 — AR Code / Title 12 / Chapter 19 / Section 12-19-105
Training and educational materials on human trafficking
Status: in_force

(a) The Department of Education and the Department of Human Services shall collaborate on providing awareness and training materials to local school districts on human trafficking that include without limitation strategies for the prevention of the trafficking of children. (b) The training materials required under subsection (a) of this section shall describe local, state, and national resources to which a student, a parent, a counselor, or school personnel may consult for information on human trafficking that includes without limitation strategies for the prevention of the trafficking of children. Added by Act 2019, No. 937,§ 1, eff. 7/24/2019.

(a) The Department of Education and the Department of Human Services shall collaborate on providing awareness and training materials to local school districts on human trafficking that include without limitation strategies for the prevention of the trafficking of children.

(b) The training materials required under subsection (a) of this section shall describe local, state, and national resources to which a student, a parent, a counselor, or school personnel may consult for information on human trafficking that includes without limitation strategies for the prevention of the trafficking of children.

Added by Act 2019, No. 937,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 12-15-302 — AR Code / Title 12 / Chapter 15 / Subchapter 3 / Section 12-15-302
Award of pistol upon retirement or death of a county sheriff or deputy county sheriff
Status: in_force

(a) When a deputy county sheriff retires from service or dies while still employed with the county sheriff's department, in recognition of and appreciation for the service of the retiring or deceased deputy county sheriff, the county sheriff may award the pistol carried by the deputy county sheriff at the time of his or her death or retirement from service to: (1) The deputy county sheriff; or (2) The deputy county sheriff's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm. (b) (1) A county sheriff may retain his or her pistol he or she carried at the time of his or her retirement from service. (2) If the county sheriff dies while he or she is still in office, his or her spouse may receive or retain the pistol carried by the county sheriff at the time of his or her death if the spouse is eligible under applicable state and federal laws to possess a firearm. Added by Act 2015, No. 60,§ 1, eff. 7/22/2015.

(a) When a deputy county sheriff retires from service or dies while still employed with the county sheriff's department, in recognition of and appreciation for the service of the retiring or deceased deputy county sheriff, the county sheriff may award the pistol carried by the deputy county sheriff at the time of his or her death or retirement from service to: (1) The deputy county sheriff; or (2) The deputy county sheriff's spouse if the spouse is eligible under applicable state and federal laws to possess a firearm.

(1) The deputy county sheriff; or

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

(b) (1) A county sheriff may retain his or her pistol he or she carried at the time of his or her retirement from service. (2) If the county sheriff dies while he or she is still in office, his or her spouse may receive or retain the pistol carried by the county sheriff at the time of his or her death if the spouse is eligible under applicable state and federal laws to possess a firearm.

(1) A county sheriff may retain his or her pistol he or she carried at the time of his or her retirement from service.

(2) If the county sheriff dies while he or she is still in office, his or her spouse may receive or retain the pistol carried by the county sheriff at the time of his or her death if the spouse is eligible under applicable state and federal laws to possess a firearm.

Added by Act 2015, No. 60,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 12-18-505 — AR Code / Title 12 / Chapter 18 / Subchapter 5 / Section 12-18-505
Notification to the child's school
Status: in_force

The Department of Human Services shall notify the child's school if the department takes a seventy-two-hour hold on the child or if the court awards the department custody of the child. Acts 2009, No. 749, § 1.

The Department of Human Services shall notify the child's school if the department takes a seventy-two-hour hold on the child or if the court awards the department custody of the child.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-29-506 — AR Code / Title 12 / Chapter 29 / Subchapter 5 / Section 12-29-506
Duties of Attorney General - Assistance
Status: in_force

(a) The Attorney General shall enforce this subchapter. (b) However, the Attorney General may refer to the prosecuting attorney of the county from which the inmate in the Division of Correction or the person residing in a Division of Community Correction facility was sentenced, or to the prosecuting attorney of the county in which any property or estate of the inmate or person is located, to investigate or assist in legal proceedings to obtain the reimbursements for the cost of care of the inmate or person, as authorized in this subchapter. Amended by Act 2019, No. 910,§ 810, eff. 7/1/2019. Amended by Act 2017, No. 250,§ 25, eff. 8/1/2017. Amended by Act 2013, No. 289,§ 5, eff. 8/16/2013. Acts 1981, No. 715, § 7; A.S.A. 1947, § 46-1707.

(a) The Attorney General shall enforce this subchapter.

(b) However, the Attorney General may refer to the prosecuting attorney of the county from which the inmate in the Division of Correction or the person residing in a Division of Community Correction facility was sentenced, or to the prosecuting attorney of the county in which any property or estate of the inmate or person is located, to investigate or assist in legal proceedings to obtain the reimbursements for the cost of care of the inmate or person, as authorized in this subchapter.

Amended by Act 2019, No. 910,§ 810, eff. 7/1/2019.

Amended by Act 2017, No. 250,§ 25, eff. 8/1/2017.

Amended by Act 2013, No. 289,§ 5, eff. 8/16/2013.

Acts 1981, No. 715, § 7; A.S.A. 1947, § 46-1707.
Ark. Code Ann. § 12-8-115 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-115
Physicians and surgeons
Status: in_force

(a) The Director of the Division of Arkansas State Police may designate one (1) physician and surgeon in each district of the state who shall be the physician and surgeon of the Division of Arkansas State Police within and for the district. (b) (1) The physician and surgeon shall conduct the physical examinations required by this chapter and give medical treatment to any member or officer of the division for injuries received while in the performance of official duty. (2) The physician and surgeon shall be given honorary commissions by the director and shall serve without pay. Amended by Act 2019, No. 910,§ 5774, eff. 7/1/2019. Acts 1945, No. 231, § 26; A.S.A. 1947, § 42-426.

(a) The Director of the Division of Arkansas State Police may designate one (1) physician and surgeon in each district of the state who shall be the physician and surgeon of the Division of Arkansas State Police within and for the district.

(b) (1) The physician and surgeon shall conduct the physical examinations required by this chapter and give medical treatment to any member or officer of the division for injuries received while in the performance of official duty. (2) The physician and surgeon shall be given honorary commissions by the director and shall serve without pay.

(1) The physician and surgeon shall conduct the physical examinations required by this chapter and give medical treatment to any member or officer of the division for injuries received while in the performance of official duty.

(2) The physician and surgeon shall be given honorary commissions by the director and shall serve without pay.

Amended by Act 2019, No. 910,§ 5774, eff. 7/1/2019.

Acts 1945, No. 231, § 26; A.S.A. 1947, § 42-426.