Ark. Code Ann. § 12-8-111 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-111
Cooperation among agencies
Status: in_force

(a) It shall be the duty of the Division of Arkansas State Police and its officers to cooperate with other law enforcement agencies of this state in the investigation and apprehension of criminals and the prevention of crime within the state and to use every means at their disposal in disseminating information that will more effectively expedite the detection of crime and the apprehension and conviction of criminals and promote the highest possible degree of efficiency in the enforcement of the criminal and traffic laws of the state. (b) The law enforcement agencies of the state shall furnish to the division such information as they may have or shall hereafter acquire upon request of the Director of the Division of Arkansas State Police relating to crime and criminals and otherwise cooperate with the division in the enforcement of the criminal and traffic laws of this state. Amended by Act 2019, No. 910,§ 5770, eff. 7/1/2019. Acts 1945, No. 231, §§ 10, 12; A.S.A. 1947, §§ 42-410, 42-412; Acts 2001, No. 1697, § 6.

(a) It shall be the duty of the Division of Arkansas State Police and its officers to cooperate with other law enforcement agencies of this state in the investigation and apprehension of criminals and the prevention of crime within the state and to use every means at their disposal in disseminating information that will more effectively expedite the detection of crime and the apprehension and conviction of criminals and promote the highest possible degree of efficiency in the enforcement of the criminal and traffic laws of the state.

(b) The law enforcement agencies of the state shall furnish to the division such information as they may have or shall hereafter acquire upon request of the Director of the Division of Arkansas State Police relating to crime and criminals and otherwise cooperate with the division in the enforcement of the criminal and traffic laws of this state.

Amended by Act 2019, No. 910,§ 5770, eff. 7/1/2019.

Acts 1945, No. 231, §§ 10, 12; A.S.A. 1947, §§ 42-410, 42-412; Acts 2001, No. 1697, § 6.
Ark. Code Ann. § 12-8-215 — AR Code / Title 12 / Chapter 8 / Subchapter 2 / Section 12-8-215
Additional salary payments
Status: in_force

(a) In the event that sufficient revenues in the judgment of the Director of the Division of Arkansas State Police exist, the Division of Arkansas State Police is authorized to make additional salary payments from such funds to those employees who have attained law enforcement certification above the basic certificate level, as defined by the Arkansas Commission on Law Enforcement Standards and Training. (b) It is the intent of this section that such payment shall be optional, at the discretion of the director, dependent on sufficient revenues, and shall not be implemented using funds specifically set aside for other programs within the division. (c) (1) Employees shall be eligible for all or a portion of additional salary payments scheduled as follows: (A) General certificate - three hundred dollars ($300) annually; (B) Intermediate certificate - six hundred dollars ($600) annually; (C) Advanced certificate - nine hundred dollars ($900) annually; and (D) Senior certificate - one thousand two hundred dollars ($1,200) annually. (2) Payment of the funds may be made monthly, quarterly, semiannually, or annually depending upon the availability of revenues and shall be restricted to the following classifications: (A) Director of the Division of Arkansas State Police; (B) Arkansas State Police lieutenant colonel; (C) Arkansas State Police major; (D) Arkansas State Police captain; (E) Arkansas State Police lieutenant; (F) Arkansas State Police sergeant; (G) Arkansas State Police corporal; (H) Arkansas State Police trooper, first class; (I) Arkansas State Police trooper; and (J) Arkansas State Police senior corporal. (d) Payments made under this section shall be considered part of the employee's regular income and subject to all applicable withholding required by law. Amended by Act 2021, No. 398,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5789, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5788, eff. 7/1/2019. Amended by Act 2013, No. 143,§ 1, eff. 8/16/2013. Acts 1993, No. 508, § 15; 1995, No. 229, § 1; 2003, No. 1041, § 3.

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

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

(c) (1) Employees shall be eligible for all or a portion of additional salary payments scheduled as follows: (A) General certificate - three hundred dollars ($300) annually; (B) Intermediate certificate - six hundred dollars ($600) annually; (C) Advanced certificate - nine hundred dollars ($900) annually; and (D) Senior certificate - one thousand two hundred dollars ($1,200) annually. (2) Payment of the funds may be made monthly, quarterly, semiannually, or annually depending upon the availability of revenues and shall be restricted to the following classifications: (A) Director of the Division of Arkansas State Police; (B) Arkansas State Police lieutenant colonel; (C) Arkansas State Police major; (D) Arkansas State Police captain; (E) Arkansas State Police lieutenant; (F) Arkansas State Police sergeant; (G) Arkansas State Police corporal; (H) Arkansas State Police trooper, first class; (I) Arkansas State Police trooper; and (J) Arkansas State Police senior corporal.

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

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

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

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

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

(2) Payment of the funds may be made monthly, quarterly, semiannually, or annually depending upon the availability of revenues and shall be restricted to the following classifications: (A) Director of the Division of Arkansas State Police; (B) Arkansas State Police lieutenant colonel; (C) Arkansas State Police major; (D) Arkansas State Police captain; (E) Arkansas State Police lieutenant; (F) Arkansas State Police sergeant; (G) Arkansas State Police corporal; (H) Arkansas State Police trooper, first class; (I) Arkansas State Police trooper; and (J) Arkansas State Police senior corporal.

(A) Director of the Division of Arkansas State Police;

(B) Arkansas State Police lieutenant colonel;

(C) Arkansas State Police major;

(D) Arkansas State Police captain;

(E) Arkansas State Police lieutenant;

(F) Arkansas State Police sergeant;

(G) Arkansas State Police corporal;

(H) Arkansas State Police trooper, first class;

(I) Arkansas State Police trooper; and

(J) Arkansas State Police senior corporal.

(d) Payments made under this section shall be considered part of the employee's regular income and subject to all applicable withholding required by law.

Amended by Act 2021, No. 398,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5789, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5788, eff. 7/1/2019.

Amended by Act 2013, No. 143,§ 1, eff. 8/16/2013.

Acts 1993, No. 508, § 15; 1995, No. 229, § 1; 2003, No. 1041, § 3.
Ark. Code Ann. § 12-12-1511 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1511
Penalty
Status: in_force

Any person who shall knowingly release or disclose to any unauthorized person any information collected and maintained under this subchapter and any person who knowingly obtains the information for purposes not authorized by this subchapter shall be deemed guilty of a Class A misdemeanor. Acts 2003 (1st Ex. Sess.), No. 63, § 11.

Any person who shall knowingly release or disclose to any unauthorized person any information collected and maintained under this subchapter and any person who knowingly obtains the information for purposes not authorized by this subchapter shall be deemed guilty of a Class A misdemeanor.

Acts 2003 (1st Ex. Sess.), No. 63, § 11.
Ark. Code Ann. § 12-61-203 — AR Code / Title 12 / Chapter 61 / Subchapter 2 / Section 12-61-203
Air National Guard
Status: in_force

The air force of the organized militia shall be the Air National Guard as contemplated under the laws of the United States and shall comprise the air units which are a part of the Arkansas National Guard on February 12, 1969, and such other air units as may be allocated, accepted, and organized thereafter, including the personnel who are enlisted, appointed, or commissioned therein, provided that all persons who are members of the Air National Guard shall be federally recognized as such. The aviation units of the Army National Guard shall not be considered air units within the meaning of this code. Acts 1969, No. 50, § 23; A.S.A. 1947, § 11-203.

The air force of the organized militia shall be the Air National Guard as contemplated under the laws of the United States and shall comprise the air units which are a part of the Arkansas National Guard on February 12, 1969, and such other air units as may be allocated, accepted, and organized thereafter, including the personnel who are enlisted, appointed, or commissioned therein, provided that all persons who are members of the Air National Guard shall be federally recognized as such. The aviation units of the Army National Guard shall not be considered air units within the meaning of this code.

Acts 1969, No. 50, § 23; A.S.A. 1947, § 11-203.
Ark. Code Ann. § 12-64-852 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-852
Sexual assault
Status: in_force

A person subject to this code is guilty of sexual assault and shall be punished as a court-martial directs if the person engages in sexual contact with another person: (1) By forcible compulsion; (2) Who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated; or (3) By abuse of authority. Added by Act 2021, No. 185,§ 4, eff. 7/28/2021.

A person subject to this code is guilty of sexual assault and shall be punished as a court-martial directs if the person engages in sexual contact with another person:

(1) By forcible compulsion;

(2) Who is incapable of consent because he or she is: (A) Physically helpless; (B) Mentally defective; or (C) Mentally incapacitated; or

(A) Physically helpless;

(B) Mentally defective; or

(C) Mentally incapacitated; or

(3) By abuse of authority.

Added by Act 2021, No. 185,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 12-30-209 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-209
Order of distribution
Status: in_force

The articles or products manufactured or produced by prison labor in accordance with the provisions of this subchapter shall be devoted: (1) First, to fulfilling the requirements of the offices, departments, institutions, and agencies of this state that are supported in whole or in part by this state; and (2) Second, to supply the political subdivisions of this state with the articles and products. Acts 1967, No. 473, § 8; A.S.A. 1947, § 46-241.

The articles or products manufactured or produced by prison labor in accordance with the provisions of this subchapter shall be devoted:

(1) First, to fulfilling the requirements of the offices, departments, institutions, and agencies of this state that are supported in whole or in part by this state; and

(2) Second, to supply the political subdivisions of this state with the articles and products.

Acts 1967, No. 473, § 8; A.S.A. 1947, § 46-241.
Ark. Code Ann. § 12-41-603 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-603
Construction
Status: in_force

(a) This subchapter shall be construed liberally. (b) The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things. Acts 1981, No. 879, § 13; A.S.A. 1947, § 46-441.

(a) This subchapter shall be construed liberally.

(b) The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.

Acts 1981, No. 879, § 13; A.S.A. 1947, § 46-441.
Ark. Code Ann. § 12-1-104 — AR Code / Title 12 / Chapter 1 / Section 12-1-104
Bail reporting system
Status: in_force

(a) (1) The Arkansas Crime Information Center shall administer a public portal for entry by a court of the information required to be reported under § 16-84-118 . (2) To facilitate the administration of the portal required under subdivision (a)(1) of this section, the Arkansas Crime Information Center may seek the assistance of the Division of Information Systems or enter into a contract for technical database and data processing services. (b) The public portal administered under subsection (a) of this section shall provide the following information concerning a defendant or arrestee: (1) The defendant's or arrestee's name and alias, if available; (2) The date of each arrest of the defendant or arrestee along with the following details: (A) The county of arrest; (B) Any corresponding case number, if available; (C) The specific charges; (D) Eligibility for bail and the amount of the initial bail; (E) The name of the judge and court, including without limitation judicial district and county, setting the initial bail; (F) The date and amount of any bail modification; (G) The name of the judge and court, including without limitation judicial district and county, modifying the bail set; and (H) The date of release on bond and type of bond posted; and (3) The date of each conviction of the defendant or arrestee and corresponding case number. (c) The information entered into the public portal administered under this section shall be disseminated: (1) In a manner that will allow the information to be organized by: (A) A defendant or arrestee; (B) A judicial district; (C) A county; and (D) A judge; and (2) Upon request to the: (A) Governor; (B) Speaker of the House of Representatives; (C) President Pro Tempore of the Senate; (D) Arkansas Legislative Audit; and (E) Attorney General. Added by Act 2023, No. 659,§ 58, eff. 1/1/2024.

(a) (1) The Arkansas Crime Information Center shall administer a public portal for entry by a court of the information required to be reported under § 16-84-118 . (2) To facilitate the administration of the portal required under subdivision (a)(1) of this section, the Arkansas Crime Information Center may seek the assistance of the Division of Information Systems or enter into a contract for technical database and data processing services.

(1) The Arkansas Crime Information Center shall administer a public portal for entry by a court of the information required to be reported under § 16-84-118 .

(2) To facilitate the administration of the portal required under subdivision (a)(1) of this section, the Arkansas Crime Information Center may seek the assistance of the Division of Information Systems or enter into a contract for technical database and data processing services.

(b) The public portal administered under subsection (a) of this section shall provide the following information concerning a defendant or arrestee: (1) The defendant's or arrestee's name and alias, if available; (2) The date of each arrest of the defendant or arrestee along with the following details: (A) The county of arrest; (B) Any corresponding case number, if available; (C) The specific charges; (D) Eligibility for bail and the amount of the initial bail; (E) The name of the judge and court, including without limitation judicial district and county, setting the initial bail; (F) The date and amount of any bail modification; (G) The name of the judge and court, including without limitation judicial district and county, modifying the bail set; and (H) The date of release on bond and type of bond posted; and (3) The date of each conviction of the defendant or arrestee and corresponding case number.

(1) The defendant's or arrestee's name and alias, if available;

(2) The date of each arrest of the defendant or arrestee along with the following details: (A) The county of arrest; (B) Any corresponding case number, if available; (C) The specific charges; (D) Eligibility for bail and the amount of the initial bail; (E) The name of the judge and court, including without limitation judicial district and county, setting the initial bail; (F) The date and amount of any bail modification; (G) The name of the judge and court, including without limitation judicial district and county, modifying the bail set; and (H) The date of release on bond and type of bond posted; and

(A) The county of arrest;

(B) Any corresponding case number, if available;

(C) The specific charges;

(D) Eligibility for bail and the amount of the initial bail;

(E) The name of the judge and court, including without limitation judicial district and county, setting the initial bail;

(F) The date and amount of any bail modification;

(G) The name of the judge and court, including without limitation judicial district and county, modifying the bail set; and

(H) The date of release on bond and type of bond posted; and

(3) The date of each conviction of the defendant or arrestee and corresponding case number.

(c) The information entered into the public portal administered under this section shall be disseminated: (1) In a manner that will allow the information to be organized by: (A) A defendant or arrestee; (B) A judicial district; (C) A county; and (D) A judge; and (2) Upon request to the: (A) Governor; (B) Speaker of the House of Representatives; (C) President Pro Tempore of the Senate; (D) Arkansas Legislative Audit; and (E) Attorney General.

(1) In a manner that will allow the information to be organized by: (A) A defendant or arrestee; (B) A judicial district; (C) A county; and (D) A judge; and

(A) A defendant or arrestee;

(B) A judicial district;

(C) A county; and

(D) A judge; and

(2) Upon request to the: (A) Governor; (B) Speaker of the House of Representatives; (C) President Pro Tempore of the Senate; (D) Arkansas Legislative Audit; and (E) Attorney General.

(A) Governor;

(B) Speaker of the House of Representatives;

(C) President Pro Tempore of the Senate;

(D) Arkansas Legislative Audit; and

(E) Attorney General.

Added by Act 2023, No. 659,§ 58, eff. 1/1/2024.
Ark. Code Ann. § 12-8-205 — AR Code / Title 12 / Chapter 8 / Subchapter 2 / Section 12-8-205
Political activities
Status: in_force

(a) The members of the Department of Arkansas State Police shall be prohibited from engaging in any partisan political or election campaign activities during hours when they are performing work for the department. (b) (1) The members of the department shall not be at any time detailed to perform any work pertaining to political activities affecting either a candidate or measures. (2) The members of the department shall not display any political banners, posters, or literature on any department or state government offices, buildings, or other facilities. (3) Department vehicles shall not display any political bumper stickers or decals and shall not be used during or after working hours to promote or assist the political campaign of any person or political issue. (c) The members of the department shall not be required or counseled to make, solicit, or prescribe contributions toward and for any political campaign of whatsoever nature. (d) The members of the department may participate or assist in any political campaign of any candidate or measure so long as the participation or assistance is rendered on the member's own time and department or state government property is not involved. (e) The members of the department shall not publicly and openly espouse the candidacy of any person or measure in their official capacity as members of the department. (f) It is declared to be the intention of the General Assembly to encourage members of the department to participate in the election process so long as the participation occurs while they are off-duty and are on their own time. (g) (1) The violation of these provisions shall be sufficient for the removal of any member of the department force. (2) However, nothing in this section shall interfere with the rights of any member of the department to vote for any candidate or upon any issues as his or her reason and conscience may dictate. Acts 1945, No. 231, § 6; A.S.A. 1947, § 42-406; Acts 1997, No. 257, § 1.

(a) The members of the Department of Arkansas State Police shall be prohibited from engaging in any partisan political or election campaign activities during hours when they are performing work for the department.

(b) (1) The members of the department shall not be at any time detailed to perform any work pertaining to political activities affecting either a candidate or measures. (2) The members of the department shall not display any political banners, posters, or literature on any department or state government offices, buildings, or other facilities. (3) Department vehicles shall not display any political bumper stickers or decals and shall not be used during or after working hours to promote or assist the political campaign of any person or political issue.

(1) The members of the department shall not be at any time detailed to perform any work pertaining to political activities affecting either a candidate or measures.

(2) The members of the department shall not display any political banners, posters, or literature on any department or state government offices, buildings, or other facilities.

(3) Department vehicles shall not display any political bumper stickers or decals and shall not be used during or after working hours to promote or assist the political campaign of any person or political issue.

(c) The members of the department shall not be required or counseled to make, solicit, or prescribe contributions toward and for any political campaign of whatsoever nature.

(d) The members of the department may participate or assist in any political campaign of any candidate or measure so long as the participation or assistance is rendered on the member's own time and department or state government property is not involved.

(e) The members of the department shall not publicly and openly espouse the candidacy of any person or measure in their official capacity as members of the department.

(f) It is declared to be the intention of the General Assembly to encourage members of the department to participate in the election process so long as the participation occurs while they are off-duty and are on their own time.

(g) (1) The violation of these provisions shall be sufficient for the removal of any member of the department force. (2) However, nothing in this section shall interfere with the rights of any member of the department to vote for any candidate or upon any issues as his or her reason and conscience may dictate.

(1) The violation of these provisions shall be sufficient for the removal of any member of the department force.

(2) However, nothing in this section shall interfere with the rights of any member of the department to vote for any candidate or upon any issues as his or her reason and conscience may dictate.

Acts 1945, No. 231, § 6; A.S.A. 1947, § 42-406; Acts 1997, No. 257, § 1.
Ark. Code Ann. § 12-12-310 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-310
Reimbursement for use of outside faculty
Status: in_force

(a) The State Crime Laboratory shall reimburse the Graduate Institute of Technology and a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education for the use of personnel from the institute and the medical school in performing services for the laboratory. (b) The participation of a medical school's faculty and institute faculty in carrying out the provisions of this subchapter shall in no way affect their tenure with the medical school and institute. Amended by Act 2017, No. 147,§ 2, eff. 2/7/2017. Acts 1977, No. 517, § 3; A.S.A. 1947, § 42-1204.

(a) The State Crime Laboratory shall reimburse the Graduate Institute of Technology and a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education for the use of personnel from the institute and the medical school in performing services for the laboratory.

(b) The participation of a medical school's faculty and institute faculty in carrying out the provisions of this subchapter shall in no way affect their tenure with the medical school and institute.

Amended by Act 2017, No. 147,§ 2, eff. 2/7/2017.

Acts 1977, No. 517, § 3; A.S.A. 1947, § 42-1204.
Ark. Code Ann. § 12-12-407 — AR Code / Title 12 / Chapter 12 / Subchapter 4 / Section 12-12-407
Audit of untested sexual assault collection kits and unsubmitted anonymous kits - Definitions
Status: in_force

(a) As used in this section: (1) "Unsubmitted anonymous kit" means an anonymous kit that has not been taken into custody by a law enforcement agency and submitted to the State Crime Laboratory; and (2) "Untested sexual assault collection kit" means a sexual assault collection kit that has not been submitted to the State Crime Laboratory or a similar qualified laboratory for either a serology or DNA test. (b) (1) The State Crime Laboratory shall develop a: (A) Sexual assault evidence inventory audit document for a law enforcement agency; and (B) Sexual assault evidence inventory audit document for a licensed healthcare provider. (2) (A) The sexual assault evidence inventory audit document for a law enforcement agency and the sexual assault evidence inventory audit document for a licensed healthcare provider shall be reviewed and updated periodically. (B) The updated sexual assault evidence inventory audit document for a law enforcement agency and the sexual assault evidence inventory audit document for a licensed healthcare provider may be set forth in rules promulgated by the State Crime Laboratory under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) Before December 31 of each year, a law enforcement agency that maintains, stores, or preserves sexual assault evidence shall conduct an audit of all untested sexual assault collection kits, unsubmitted anonymous kits, and any associated evidence being stored by the law enforcement agency and report the information to the State Crime Laboratory, using the sexual assault evidence inventory audit document for a law enforcement agency. (d) Before December 31 of each year, each licensed healthcare provider charged with performing medical-legal examinations shall conduct an audit of all untested sexual assault collection kits and unsubmitted anonymous kits being stored by the licensed healthcare provider and report the information to the State Crime Laboratory, using the sexual assault evidence inventory audit document for a licensed healthcare provider. (e) The State Crime Laboratory may communicate with a licensed healthcare provider or a law enforcement agency for the purpose of coordinating testing and other appropriate handling of sexual assault collection kits and anonymous kits. (f) Except as set forth in subsection (g) of this section, information reported to the State Crime Laboratory under this section, as well as information compiled or accumulated by a licensed healthcare provider or law enforcement agency for the purpose of audits required by this section, is confidential and not subject to discovery under the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq. (g) (1) On or before each February 1, the State Crime Laboratory shall prepare and transmit to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Senate Committee on Public Health, Welfare, and Labor, the House Committee on Public Health, Welfare, and Labor, and the Attorney General a report containing: (A) A compilation of the data submitted by law enforcement agencies and licensed healthcare providers under this section, with the data reported in the aggregate; and (B) A plan to address any backlog of untested sexual assault collection kits and unsubmitted anonymous kits. (2) The report submitted under subdivision (g)(1) of this section shall be presented to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor, meeting jointly. (h) This section does not remove confidentiality protection for an alleged victim of a sexual assault or other sex crime otherwise provided under Arkansas or federal laws, rules, or regulations. (i) A medical-legal examination continues to be subject to § 12-12-402 and other applicable law. Added by Act 2023, No. 558,§ 4, eff. 8/1/2023.

(a) As used in this section: (1) "Unsubmitted anonymous kit" means an anonymous kit that has not been taken into custody by a law enforcement agency and submitted to the State Crime Laboratory; and (2) "Untested sexual assault collection kit" means a sexual assault collection kit that has not been submitted to the State Crime Laboratory or a similar qualified laboratory for either a serology or DNA test.

(1) "Unsubmitted anonymous kit" means an anonymous kit that has not been taken into custody by a law enforcement agency and submitted to the State Crime Laboratory; and

(2) "Untested sexual assault collection kit" means a sexual assault collection kit that has not been submitted to the State Crime Laboratory or a similar qualified laboratory for either a serology or DNA test.

(b) (1) The State Crime Laboratory shall develop a: (A) Sexual assault evidence inventory audit document for a law enforcement agency; and (B) Sexual assault evidence inventory audit document for a licensed healthcare provider. (2) (A) The sexual assault evidence inventory audit document for a law enforcement agency and the sexual assault evidence inventory audit document for a licensed healthcare provider shall be reviewed and updated periodically. (B) The updated sexual assault evidence inventory audit document for a law enforcement agency and the sexual assault evidence inventory audit document for a licensed healthcare provider may be set forth in rules promulgated by the State Crime Laboratory under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The State Crime Laboratory shall develop a: (A) Sexual assault evidence inventory audit document for a law enforcement agency; and (B) Sexual assault evidence inventory audit document for a licensed healthcare provider.

(A) Sexual assault evidence inventory audit document for a law enforcement agency; and

(B) Sexual assault evidence inventory audit document for a licensed healthcare provider.

(2) (A) The sexual assault evidence inventory audit document for a law enforcement agency and the sexual assault evidence inventory audit document for a licensed healthcare provider shall be reviewed and updated periodically. (B) The updated sexual assault evidence inventory audit document for a law enforcement agency and the sexual assault evidence inventory audit document for a licensed healthcare provider may be set forth in rules promulgated by the State Crime Laboratory under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) The sexual assault evidence inventory audit document for a law enforcement agency and the sexual assault evidence inventory audit document for a licensed healthcare provider shall be reviewed and updated periodically.

(B) The updated sexual assault evidence inventory audit document for a law enforcement agency and the sexual assault evidence inventory audit document for a licensed healthcare provider may be set forth in rules promulgated by the State Crime Laboratory under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) Before December 31 of each year, a law enforcement agency that maintains, stores, or preserves sexual assault evidence shall conduct an audit of all untested sexual assault collection kits, unsubmitted anonymous kits, and any associated evidence being stored by the law enforcement agency and report the information to the State Crime Laboratory, using the sexual assault evidence inventory audit document for a law enforcement agency.

(d) Before December 31 of each year, each licensed healthcare provider charged with performing medical-legal examinations shall conduct an audit of all untested sexual assault collection kits and unsubmitted anonymous kits being stored by the licensed healthcare provider and report the information to the State Crime Laboratory, using the sexual assault evidence inventory audit document for a licensed healthcare provider.

(e) The State Crime Laboratory may communicate with a licensed healthcare provider or a law enforcement agency for the purpose of coordinating testing and other appropriate handling of sexual assault collection kits and anonymous kits.

(f) Except as set forth in subsection (g) of this section, information reported to the State Crime Laboratory under this section, as well as information compiled or accumulated by a licensed healthcare provider or law enforcement agency for the purpose of audits required by this section, is confidential and not subject to discovery under the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq.

(g) (1) On or before each February 1, the State Crime Laboratory shall prepare and transmit to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Senate Committee on Public Health, Welfare, and Labor, the House Committee on Public Health, Welfare, and Labor, and the Attorney General a report containing: (A) A compilation of the data submitted by law enforcement agencies and licensed healthcare providers under this section, with the data reported in the aggregate; and (B) A plan to address any backlog of untested sexual assault collection kits and unsubmitted anonymous kits. (2) The report submitted under subdivision (g)(1) of this section shall be presented to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor, meeting jointly.

(1) On or before each February 1, the State Crime Laboratory shall prepare and transmit to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Senate Committee on Public Health, Welfare, and Labor, the House Committee on Public Health, Welfare, and Labor, and the Attorney General a report containing: (A) A compilation of the data submitted by law enforcement agencies and licensed healthcare providers under this section, with the data reported in the aggregate; and (B) A plan to address any backlog of untested sexual assault collection kits and unsubmitted anonymous kits.

(A) A compilation of the data submitted by law enforcement agencies and licensed healthcare providers under this section, with the data reported in the aggregate; and

(B) A plan to address any backlog of untested sexual assault collection kits and unsubmitted anonymous kits.

(2) The report submitted under subdivision (g)(1) of this section shall be presented to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor, meeting jointly.

(h) This section does not remove confidentiality protection for an alleged victim of a sexual assault or other sex crime otherwise provided under Arkansas or federal laws, rules, or regulations.

(i) A medical-legal examination continues to be subject to § 12-12-402 and other applicable law.

Added by Act 2023, No. 558,§ 4, eff. 8/1/2023.
Ark. Code Ann. § 12-12-904 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-904
Failure to comply with registration and reporting requirements - Refusal to cooperate with assessment process
Status: in_force

(a) (1) (A) A person is guilty of a Class C felony who: (i) Fails to register or verify registration as required under this subchapter; (ii) Fails to report in person a change of address, employment, education, or training as required under this subchapter; (iii) Refuses to cooperate with the assessment process as required under this subchapter; or (iv) Files false paperwork or documentation regarding verification, change of information, or petitions to be removed from the Arkansas Sex Offender Registry. (B) (i) Upon conviction, a sex offender who fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) is guilty of a Class C felony. (ii) If a sex offender fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) , as soon as administratively feasible the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, or the Department of Human Services shall contact the local law enforcement agency having jurisdiction to report the violation of subdivision (a)(1)(B)(i) of this section. (2) It is an affirmative defense to prosecution if the person: (A) Delayed reporting a change in address because of: (i) An eviction; (ii) A natural disaster; or (iii) Any other unforeseen circumstance; and (B) Provided the new address to the local law enforcement agency having jurisdiction in person no later than five (5) business days after the person establishes residency. (b) Any agency or official subject to reporting requirements under this subchapter that knowingly fails to comply with the reporting requirements under this subchapter is guilty of a Class B misdemeanor. Amended by Act 2019, No. 910,§ 702, eff. 7/1/2019. Amended by Act 2017, No. 916,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 358,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 172,§ 2, eff. 8/16/2013. Acts 1997, No. 989, § 11; 1999, No. 1353, § 2; 2001, No. 1743, § 3; 2006 (1st Ex. Sess.), No. 4, § 1; 2007, No. 394, § 3.

(a) (1) (A) A person is guilty of a Class C felony who: (i) Fails to register or verify registration as required under this subchapter; (ii) Fails to report in person a change of address, employment, education, or training as required under this subchapter; (iii) Refuses to cooperate with the assessment process as required under this subchapter; or (iv) Files false paperwork or documentation regarding verification, change of information, or petitions to be removed from the Arkansas Sex Offender Registry. (B) (i) Upon conviction, a sex offender who fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) is guilty of a Class C felony. (ii) If a sex offender fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) , as soon as administratively feasible the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, or the Department of Human Services shall contact the local law enforcement agency having jurisdiction to report the violation of subdivision (a)(1)(B)(i) of this section. (2) It is an affirmative defense to prosecution if the person: (A) Delayed reporting a change in address because of: (i) An eviction; (ii) A natural disaster; or (iii) Any other unforeseen circumstance; and (B) Provided the new address to the local law enforcement agency having jurisdiction in person no later than five (5) business days after the person establishes residency.

(1) (A) A person is guilty of a Class C felony who: (i) Fails to register or verify registration as required under this subchapter; (ii) Fails to report in person a change of address, employment, education, or training as required under this subchapter; (iii) Refuses to cooperate with the assessment process as required under this subchapter; or (iv) Files false paperwork or documentation regarding verification, change of information, or petitions to be removed from the Arkansas Sex Offender Registry. (B) (i) Upon conviction, a sex offender who fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) is guilty of a Class C felony. (ii) If a sex offender fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) , as soon as administratively feasible the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, or the Department of Human Services shall contact the local law enforcement agency having jurisdiction to report the violation of subdivision (a)(1)(B)(i) of this section.

(A) A person is guilty of a Class C felony who: (i) Fails to register or verify registration as required under this subchapter; (ii) Fails to report in person a change of address, employment, education, or training as required under this subchapter; (iii) Refuses to cooperate with the assessment process as required under this subchapter; or (iv) Files false paperwork or documentation regarding verification, change of information, or petitions to be removed from the Arkansas Sex Offender Registry.

(i) Fails to register or verify registration as required under this subchapter;

(ii) Fails to report in person a change of address, employment, education, or training as required under this subchapter;

(iii) Refuses to cooperate with the assessment process as required under this subchapter; or

(iv) Files false paperwork or documentation regarding verification, change of information, or petitions to be removed from the Arkansas Sex Offender Registry.

(B) (i) Upon conviction, a sex offender who fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) is guilty of a Class C felony. (ii) If a sex offender fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) , as soon as administratively feasible the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, or the Department of Human Services shall contact the local law enforcement agency having jurisdiction to report the violation of subdivision (a)(1)(B)(i) of this section.

(i) Upon conviction, a sex offender who fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) is guilty of a Class C felony.

(ii) If a sex offender fails or refuses to provide any information necessary to update his or her registration file as required by § 12-12-906(b)(2) , as soon as administratively feasible the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, or the Department of Human Services shall contact the local law enforcement agency having jurisdiction to report the violation of subdivision (a)(1)(B)(i) of this section.

(2) It is an affirmative defense to prosecution if the person: (A) Delayed reporting a change in address because of: (i) An eviction; (ii) A natural disaster; or (iii) Any other unforeseen circumstance; and (B) Provided the new address to the local law enforcement agency having jurisdiction in person no later than five (5) business days after the person establishes residency.

(A) Delayed reporting a change in address because of: (i) An eviction; (ii) A natural disaster; or (iii) Any other unforeseen circumstance; and

(i) An eviction;

(ii) A natural disaster; or

(iii) Any other unforeseen circumstance; and

(B) Provided the new address to the local law enforcement agency having jurisdiction in person no later than five (5) business days after the person establishes residency.

(b) Any agency or official subject to reporting requirements under this subchapter that knowingly fails to comply with the reporting requirements under this subchapter is guilty of a Class B misdemeanor.

Amended by Act 2019, No. 910,§ 702, eff. 7/1/2019.

Amended by Act 2017, No. 916,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 358,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 172,§ 2, eff. 8/16/2013.

Acts 1997, No. 989, § 11; 1999, No. 1353, § 2; 2001, No. 1743, § 3; 2006 (1st Ex. Sess.), No. 4, § 1; 2007, No. 394, § 3.
Ark. Code Ann. § 12-64-408 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-408
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1003,§ 15, eff. 7/22/2015. Acts 1969, No. 50, § 71; A.S.A. 1947, § 11-626; Acts 1987, No. 125, § 2.

Repealed by Act 2015, No. 1003,§ 15, eff. 7/22/2015.

Acts 1969, No. 50, § 71; A.S.A. 1947, § 11-626; Acts 1987, No. 125, § 2.
Ark. Code Ann. § 12-75-130 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-130
Call-up of retired law enforcement officers
Status: in_force

(a) In emergency situations the Governor, county sheriff, or municipal police chief may authorize and request retired law enforcement officers, including game wardens, to perform law enforcement functions. (b) In such instances, the retirement benefits of such retired law enforcement officers shall not be interrupted, reduced, or otherwise adversely affected. Acts 1981, No. 31, § 1; A.S.A. 1947, § 11-1958.

(a) In emergency situations the Governor, county sheriff, or municipal police chief may authorize and request retired law enforcement officers, including game wardens, to perform law enforcement functions.

(b) In such instances, the retirement benefits of such retired law enforcement officers shall not be interrupted, reduced, or otherwise adversely affected.

Acts 1981, No. 31, § 1; A.S.A. 1947, § 11-1958.
Ark. Code Ann. § 12-18-104 — AR Code / Title 12 / Chapter 18 / Subchapter 1 / Section 12-18-104
Confidentiality
Status: in_force

(a) Any data, records, reports, or documents that are created, collected, or compiled by or on behalf of the Department of Human Services, the Division of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) Any data, records, reports, or documents released under this chapter to law enforcement, a prosecuting attorney, or a court by the Department of Human Services and the Division of Arkansas State Police are confidential and shall be sealed and not re-disclosed without a protective order to ensure the items of evidence for which there is a reasonable expectation of privacy are not distributed to a person or institution without a legitimate interest in the evidence, provided that nothing in this chapter is deemed to abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or the law. (c) Confidential data, records, reports, or documents created, collected, or compiled by or on behalf of the Department of Human Services, the Division of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families may be: (1) Disclosed to and discussed with a member of the Child Maltreatment Investigations Oversight Committee; and (2) Disclosed and discussed in closed meetings conducted by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq. Amended by Act 2019, No. 1081,§ 7, eff. 7/24/2019. Amended by Act 2017, No. 713,§ 4, eff. 8/1/2017. Amended by Act 2015, No. 1004,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 7, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) Any data, records, reports, or documents that are created, collected, or compiled by or on behalf of the Department of Human Services, the Division of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families shall not be subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(b) Any data, records, reports, or documents released under this chapter to law enforcement, a prosecuting attorney, or a court by the Department of Human Services and the Division of Arkansas State Police are confidential and shall be sealed and not re-disclosed without a protective order to ensure the items of evidence for which there is a reasonable expectation of privacy are not distributed to a person or institution without a legitimate interest in the evidence, provided that nothing in this chapter is deemed to abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or the law.

(c) Confidential data, records, reports, or documents created, collected, or compiled by or on behalf of the Department of Human Services, the Division of Arkansas State Police, or other entity authorized under this chapter to perform investigations or provide services to children, individuals, or families may be: (1) Disclosed to and discussed with a member of the Child Maltreatment Investigations Oversight Committee; and (2) Disclosed and discussed in closed meetings conducted by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq.

(1) Disclosed to and discussed with a member of the Child Maltreatment Investigations Oversight Committee; and

(2) Disclosed and discussed in closed meetings conducted by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq.

Amended by Act 2019, No. 1081,§ 7, eff. 7/24/2019.

Amended by Act 2017, No. 713,§ 4, eff. 8/1/2017.

Amended by Act 2015, No. 1004,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 7, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-41-604 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-604
Adoption of ordinance
Status: in_force

Any county quorum court desiring to construct or expand county jail and jail facilities in the manner authorized in this subchapter may adopt an ordinance to establish a county jail board and authorize the board to issue revenue bonds to construct or expand the county jail or jail facilities in the manner authorized in this subchapter. Acts 1981, No. 879, § 4; A.S.A. 1947, § 46-432.

Any county quorum court desiring to construct or expand county jail and jail facilities in the manner authorized in this subchapter may adopt an ordinance to establish a county jail board and authorize the board to issue revenue bonds to construct or expand the county jail or jail facilities in the manner authorized in this subchapter.

Acts 1981, No. 879, § 4; A.S.A. 1947, § 46-432.
Ark. Code Ann. § 12-41-608 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-608
Bonds - Contract between parties - Enforcement
Status: in_force

(a) Each authorizing resolution or trust indenture, together with this subchapter and the ordinance of the quorum court acting pursuant to this subchapter, shall constitute a contract by and between the county jail board and the holders and registered holders of the bonds issued pursuant to this subchapter. (b) The contract and all covenants, agreements, and obligations therein shall be properly performed in strict accordance with the terms and provisions thereof. (c) The covenants, agreements, and obligations of the board may be enforced by mandamus or other appropriate proceedings at law or in equity. Acts 1981, No. 879, § 9; A.S.A. 1947, § 46-437.

(a) Each authorizing resolution or trust indenture, together with this subchapter and the ordinance of the quorum court acting pursuant to this subchapter, shall constitute a contract by and between the county jail board and the holders and registered holders of the bonds issued pursuant to this subchapter.

(b) The contract and all covenants, agreements, and obligations therein shall be properly performed in strict accordance with the terms and provisions thereof.

(c) The covenants, agreements, and obligations of the board may be enforced by mandamus or other appropriate proceedings at law or in equity.

Acts 1981, No. 879, § 9; A.S.A. 1947, § 46-437.
Ark. Code Ann. § 12-82-103 — AR Code / Title 12 / Chapter 82 / Section 12-82-103
Definitions
Status: in_force

As used in this chapter: (1) "Certification" means a formal document acknowledging that an individual has reached the minimum level of formal training and education, required under federal regulations and guidance provided through the State Hazardous Materials Emergency Response Commission, to perform his or her normally assigned duties for hazardous and toxic materials emergency response; (2) "Emergency responder" means a person or persons enrolled in organizations which are entities of state or local government, or acting in behalf of state or local government, including, but not limited to, professional or volunteer law enforcement, firefighting, emergency medical, emergency services, or other public emergency response personnel who respond to the scene of a disaster with an assigned role in public safety and emergency services; (3) "Emergency response and recovery" means those actions required at the scene of a disaster or emergency, as described in the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., for public safety, health, and welfare; (4) "Hazardous and toxic materials" or "HAZMAT" means: (A) Extremely hazardous substances under 42 U.S.C. § 11002 , hazardous chemicals under 42 U.S.C. §§ 11021 and 11022 , and toxic chemicals under 42 U.S.C. § 11023 ; and (B) Such other hazardous and toxic substances as may later be designated by federal regulatory agencies; and (5) "State Emergency Response Commission" or "SERC" refers to the State Hazardous Materials Emergency Response Commission as specified in this chapter. Acts 1993, No. 567, § 3.

As used in this chapter:

(1) "Certification" means a formal document acknowledging that an individual has reached the minimum level of formal training and education, required under federal regulations and guidance provided through the State Hazardous Materials Emergency Response Commission, to perform his or her normally assigned duties for hazardous and toxic materials emergency response;

(2) "Emergency responder" means a person or persons enrolled in organizations which are entities of state or local government, or acting in behalf of state or local government, including, but not limited to, professional or volunteer law enforcement, firefighting, emergency medical, emergency services, or other public emergency response personnel who respond to the scene of a disaster with an assigned role in public safety and emergency services;

(3) "Emergency response and recovery" means those actions required at the scene of a disaster or emergency, as described in the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., for public safety, health, and welfare;

(4) "Hazardous and toxic materials" or "HAZMAT" means: (A) Extremely hazardous substances under 42 U.S.C. § 11002 , hazardous chemicals under 42 U.S.C. §§ 11021 and 11022 , and toxic chemicals under 42 U.S.C. § 11023 ; and (B) Such other hazardous and toxic substances as may later be designated by federal regulatory agencies; and

(A) Extremely hazardous substances under 42 U.S.C. § 11002 , hazardous chemicals under 42 U.S.C. §§ 11021 and 11022 , and toxic chemicals under 42 U.S.C. § 11023 ; and

(B) Such other hazardous and toxic substances as may later be designated by federal regulatory agencies; and

(5) "State Emergency Response Commission" or "SERC" refers to the State Hazardous Materials Emergency Response Commission as specified in this chapter.

Acts 1993, No. 567, § 3.
Ark. Code Ann. § 12-83-103 — AR Code / Title 12 / Chapter 83 / Section 12-83-103
Definitions
Status: in_force

As used in this chapter: (1) "Director" means the Director of the Arkansas Department of Emergency Management, including any acting director, when such position is authorized by the Governor, and those persons officially authorized to act for the director in his or her absence or incapacitation; and (2) "Emergency Volunteer Reserve Cadre" means persons recruited as volunteers to serve in time of emergency and to supplement the regular employees of the Arkansas Department of Emergency Management in disaster response and recovery operations. Acts 1995, No. 115, § 3; 1995, No. 169, § 3; 1999, No. 646, § 50.

As used in this chapter:

(1) "Director" means the Director of the Arkansas Department of Emergency Management, including any acting director, when such position is authorized by the Governor, and those persons officially authorized to act for the director in his or her absence or incapacitation; and

(2) "Emergency Volunteer Reserve Cadre" means persons recruited as volunteers to serve in time of emergency and to supplement the regular employees of the Arkansas Department of Emergency Management in disaster response and recovery operations.

Acts 1995, No. 115, § 3; 1995, No. 169, § 3; 1999, No. 646, § 50.
Ark. Code Ann. § 12-64-834 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-834
Drunken or reckless driving
Status: in_force

Any person subject to this code who operates any vehicle while under the influence of intoxicants or drugs, or in a reckless or wanton manner, shall be punished as a court-martial may direct. Acts 1969, No. 50, § 152; A.S.A. 1947, § 11-734.

Any person subject to this code who operates any vehicle while under the influence of intoxicants or drugs, or in a reckless or wanton manner, shall be punished as a court-martial may direct.

Acts 1969, No. 50, § 152; A.S.A. 1947, § 11-734.
Ark. Code Ann. § 12-51-402 — AR Code / Title 12 / Chapter 51 / Subchapter 4 / Section 12-51-402
Dispute resolution
Status: in_force

(a) The compacting states shall report to the Interstate Commission for Adult Offender Supervision on issues or activities of concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities. (b) The interstate commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states. (c) The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states. Acts 2001, No. 253, § 1.

(a) The compacting states shall report to the Interstate Commission for Adult Offender Supervision on issues or activities of concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.

(b) The interstate commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.

(c) The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-9-202 — AR Code / Title 12 / Chapter 9 / Subchapter 2 / Section 12-9-202
Location of academy
Status: in_force

The Arkansas Law Enforcement Training Academy shall be located at a place which, in the opinion of the Director of the Division of Law Enforcement Standards and Training, will serve the best interests of the state in the carrying out of the intent and purposes of this subchapter. Amended by Act 2019, No. 910,§ 5822, eff. 7/1/2019. Acts 1963, No. 526, § 3; 1965, No. 172, § 2; A.S.A. 1947, § 42-703.

The Arkansas Law Enforcement Training Academy shall be located at a place which, in the opinion of the Director of the Division of Law Enforcement Standards and Training, will serve the best interests of the state in the carrying out of the intent and purposes of this subchapter.

Amended by Act 2019, No. 910,§ 5822, eff. 7/1/2019.

Acts 1963, No. 526, § 3; 1965, No. 172, § 2; A.S.A. 1947, § 42-703.
Ark. Code Ann. § 12-64-849 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-849
Retaliation
Status: in_force

A person subject to this code shall be punished as a court-martial may direct if he or she, with the intent to retaliate against a person for reporting or planning to report a criminal offense, or with the intent to discourage any person from reporting a criminal offense: (1) Wrongfully takes or threatens to take adverse personnel action against any person; or (2) Wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person. Added by Act 2019, No. 211,§ 22, eff. 2/26/2019.

A person subject to this code shall be punished as a court-martial may direct if he or she, with the intent to retaliate against a person for reporting or planning to report a criminal offense, or with the intent to discourage any person from reporting a criminal offense:

(1) Wrongfully takes or threatens to take adverse personnel action against any person; or

(2) Wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person.

Added by Act 2019, No. 211,§ 22, eff. 2/26/2019.
Ark. Code Ann. § 12-62-305 — AR Code / Title 12 / Chapter 62 / Subchapter 3 / Section 12-62-305
Pay and care - Service injury or disability
Status: in_force

Members of the Arkansas National Guard or militia, during the period in which they are in the active service of the state pursuant to orders of the Governor as provided by law, shall be entitled to coverage and benefits of the workers' compensation law for state employees, §§ 19-10-101 - 19-10-103 , 19-10-202 - 19-10-210 , and 19-10-401 - 19-10-406 . Acts 1969, No. 50, § 189; A.S.A. 1947, § 11-906.

Members of the Arkansas National Guard or militia, during the period in which they are in the active service of the state pursuant to orders of the Governor as provided by law, shall be entitled to coverage and benefits of the workers' compensation law for state employees, §§ 19-10-101 - 19-10-103 , 19-10-202 - 19-10-210 , and 19-10-401 - 19-10-406 .

Acts 1969, No. 50, § 189; A.S.A. 1947, § 11-906.
Ark. Code Ann. § 12-12-921 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-921
Sex Offender Assessment Committee
Status: in_force

(a) The Sex Offender Assessment Committee shall consist of nine (9) members as follows: (1) The Governor shall appoint, subject to confirmation by the Senate: (A) One (1) member who is a criminal defense attorney; (B) One (1) member who is a prosecuting attorney; (C) One (1) member who is a licensed mental health professional and has demonstrated expertise in the treatment of sex offenders; (D) One (1) member who is a victims' rights advocate; (E) One (1) member who is a law enforcement officer; and (F) One (1) member with expertise in juvenile justice or treatment; (2) The Director of the Division of Correction or the director's designee; (3) The Director of the Division of Community Correction or the director's designee; and (4) The Director of the Arkansas Crime Information Center or the director's designee. (b) (1) Members appointed by the Governor shall be for four-year staggered terms to be assigned by lot at the first meeting. (2) If a vacancy of one (1) of the members appointed by the Governor occurs for any reason other than expiration of a regular term, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor. (3) A member of the committee appointed by the Governor may be removed by the Governor for neglect of duty or malfeasance in office. (4) A member shall be considered active unless his or her resignation has been submitted or requested by the Governor or he or she has more than two (2) unexcused absences from meetings in a twelve-month period and this fact has been reported to the Governor's office. (c) The members of the committee shall elect annually a chair and a vice chair from their membership. (d) The Secretary of the Department of Corrections or the Secretary of the Department of Corrections' designee shall serve as the executive secretary of the committee, and the administrative functions of the committee shall be the responsibility of the Department of Corrections. (e) (1) A majority of the members of the committee shall constitute a quorum for the transaction of business. (2) The committee shall meet at least quarterly. (3) A special meeting may be called by the chair or as provided by the rules adopted by the committee. (f) The executive secretary of the committee shall keep full and true records of all committee proceedings and preserve all books, documents, and papers relating to the business of the committee. (g) The meetings shall be open to the public except when the committee is discussing, deliberating, or voting on an individual case. (h) (1) The committee shall report in writing to the Governor and to the Legislative Council by July 31 of each year. (2) The report shall contain: (A) A summary of the proceedings of the committee during the preceding fiscal year; (B) A detailed and itemized statement of all revenue and of all expenditures made by or on behalf of the committee; (C) Other information deemed necessary or useful; and (D) Any additional information that may be requested by the Governor and the Legislative Council. Amended by Act 2021, No. 683,§ 1, eff. 7/28/2021. Acts 2003 (2nd Ex. Sess.), No. 21, § 11; 2005, No. 1962, § 38.

(a) The Sex Offender Assessment Committee shall consist of nine (9) members as follows: (1) The Governor shall appoint, subject to confirmation by the Senate: (A) One (1) member who is a criminal defense attorney; (B) One (1) member who is a prosecuting attorney; (C) One (1) member who is a licensed mental health professional and has demonstrated expertise in the treatment of sex offenders; (D) One (1) member who is a victims' rights advocate; (E) One (1) member who is a law enforcement officer; and (F) One (1) member with expertise in juvenile justice or treatment; (2) The Director of the Division of Correction or the director's designee; (3) The Director of the Division of Community Correction or the director's designee; and (4) The Director of the Arkansas Crime Information Center or the director's designee.

(1) The Governor shall appoint, subject to confirmation by the Senate: (A) One (1) member who is a criminal defense attorney; (B) One (1) member who is a prosecuting attorney; (C) One (1) member who is a licensed mental health professional and has demonstrated expertise in the treatment of sex offenders; (D) One (1) member who is a victims' rights advocate; (E) One (1) member who is a law enforcement officer; and (F) One (1) member with expertise in juvenile justice or treatment;

(A) One (1) member who is a criminal defense attorney;

(B) One (1) member who is a prosecuting attorney;

(C) One (1) member who is a licensed mental health professional and has demonstrated expertise in the treatment of sex offenders;

(D) One (1) member who is a victims' rights advocate;

(E) One (1) member who is a law enforcement officer; and

(F) One (1) member with expertise in juvenile justice or treatment;

(2) The Director of the Division of Correction or the director's designee;

(3) The Director of the Division of Community Correction or the director's designee; and

(4) The Director of the Arkansas Crime Information Center or the director's designee.

(b) (1) Members appointed by the Governor shall be for four-year staggered terms to be assigned by lot at the first meeting. (2) If a vacancy of one (1) of the members appointed by the Governor occurs for any reason other than expiration of a regular term, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor. (3) A member of the committee appointed by the Governor may be removed by the Governor for neglect of duty or malfeasance in office. (4) A member shall be considered active unless his or her resignation has been submitted or requested by the Governor or he or she has more than two (2) unexcused absences from meetings in a twelve-month period and this fact has been reported to the Governor's office.

(1) Members appointed by the Governor shall be for four-year staggered terms to be assigned by lot at the first meeting.

(2) If a vacancy of one (1) of the members appointed by the Governor occurs for any reason other than expiration of a regular term, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor.

(3) A member of the committee appointed by the Governor may be removed by the Governor for neglect of duty or malfeasance in office.

(4) A member shall be considered active unless his or her resignation has been submitted or requested by the Governor or he or she has more than two (2) unexcused absences from meetings in a twelve-month period and this fact has been reported to the Governor's office.

(c) The members of the committee shall elect annually a chair and a vice chair from their membership.

(d) The Secretary of the Department of Corrections or the Secretary of the Department of Corrections' designee shall serve as the executive secretary of the committee, and the administrative functions of the committee shall be the responsibility of the Department of Corrections.

(e) (1) A majority of the members of the committee shall constitute a quorum for the transaction of business. (2) The committee shall meet at least quarterly. (3) A special meeting may be called by the chair or as provided by the rules adopted by the committee.

(1) A majority of the members of the committee shall constitute a quorum for the transaction of business.

(2) The committee shall meet at least quarterly.

(3) A special meeting may be called by the chair or as provided by the rules adopted by the committee.

(f) The executive secretary of the committee shall keep full and true records of all committee proceedings and preserve all books, documents, and papers relating to the business of the committee.

(g) The meetings shall be open to the public except when the committee is discussing, deliberating, or voting on an individual case.

(h) (1) The committee shall report in writing to the Governor and to the Legislative Council by July 31 of each year. (2) The report shall contain: (A) A summary of the proceedings of the committee during the preceding fiscal year; (B) A detailed and itemized statement of all revenue and of all expenditures made by or on behalf of the committee; (C) Other information deemed necessary or useful; and (D) Any additional information that may be requested by the Governor and the Legislative Council.

(1) The committee shall report in writing to the Governor and to the Legislative Council by July 31 of each year.

(2) The report shall contain: (A) A summary of the proceedings of the committee during the preceding fiscal year; (B) A detailed and itemized statement of all revenue and of all expenditures made by or on behalf of the committee; (C) Other information deemed necessary or useful; and (D) Any additional information that may be requested by the Governor and the Legislative Council.

(A) A summary of the proceedings of the committee during the preceding fiscal year;

(B) A detailed and itemized statement of all revenue and of all expenditures made by or on behalf of the committee;

(C) Other information deemed necessary or useful; and

(D) Any additional information that may be requested by the Governor and the Legislative Council.

Amended by Act 2021, No. 683,§ 1, eff. 7/28/2021.

Acts 2003 (2nd Ex. Sess.), No. 21, § 11; 2005, No. 1962, § 38.
Ark. Code Ann. § 12-8-103 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-103
Commission's powers and duties - Restrictions
Status: in_force

(a) The Arkansas State Police Commission shall: (1) Approve or disapprove each promotion; (2) Approve or disapprove each demotion for nondisciplinary reasons; and (3) Review each application for employment presented to it by the Director of the Division of Arkansas State Police for certification to the eligibility list. (b) (1) The commission shall hear appeals of any disciplinary action taken against a commissioned officer by the director that results in removal, suspension, discharge, demotion, or disciplinary transfer. (2) The appeal shall be heard under § 12-8-204(c) . (c) The members of the commission are granted disciplinary authority equal to that of supervisory and administrative personnel of the Division of Arkansas State Police with respect to violations of rules committed by a division employee in the presence of a commissioner. (d) (1) In addition to its existing powers and duties, the commission may administer oaths and subpoena witnesses, books, records, and other documents deemed necessary for the proper investigation and performance of any powers, functions, or duties of the commission. (2) All such subpoenas shall be issued by the chair of the commission or such other members of the commission as authorized by a majority vote of the membership of the commission. (3) (A) Any person failing to appear or to produce the books, records, or documents subpoenaed by the commission shall be guilty of contempt. (B) The person shall be punished by the circuit court upon petition being filed with the circuit court by the commission in the same manner as provided by law for punishment of contempt of the circuit court. (e) (1) The commission shall perform the duties prescribed in this chapter. (2) For such purposes, the commission may promulgate and enforce reasonable and necessary rules. (f) Members of the commission shall not exercise police powers, nor shall the appointment qualify a commissioner as a law enforcement officer as defined in § 12-9-102 . Amended by Act 2019, No. 315,§ 845, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 844, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5759, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5758, eff. 7/1/2019. Acts 1945, No. 231, § 2; 1949, No. 157, § 1; 1953, No. 74, § 1; 1981, No. 45, § 2; 1981, No. 540, §§ 10, 11; A.S.A. 1947, §§ 42-401.1, 42-402, 42-403.2, 42-403.3; Acts 2001, No. 1697, § 1; 2005, No. 666, § 1.

(a) The Arkansas State Police Commission shall: (1) Approve or disapprove each promotion; (2) Approve or disapprove each demotion for nondisciplinary reasons; and (3) Review each application for employment presented to it by the Director of the Division of Arkansas State Police for certification to the eligibility list.

(1) Approve or disapprove each promotion;

(2) Approve or disapprove each demotion for nondisciplinary reasons; and

(3) Review each application for employment presented to it by the Director of the Division of Arkansas State Police for certification to the eligibility list.

(b) (1) The commission shall hear appeals of any disciplinary action taken against a commissioned officer by the director that results in removal, suspension, discharge, demotion, or disciplinary transfer. (2) The appeal shall be heard under § 12-8-204(c) .

(1) The commission shall hear appeals of any disciplinary action taken against a commissioned officer by the director that results in removal, suspension, discharge, demotion, or disciplinary transfer.

(2) The appeal shall be heard under § 12-8-204(c) .

(c) The members of the commission are granted disciplinary authority equal to that of supervisory and administrative personnel of the Division of Arkansas State Police with respect to violations of rules committed by a division employee in the presence of a commissioner.

(d) (1) In addition to its existing powers and duties, the commission may administer oaths and subpoena witnesses, books, records, and other documents deemed necessary for the proper investigation and performance of any powers, functions, or duties of the commission. (2) All such subpoenas shall be issued by the chair of the commission or such other members of the commission as authorized by a majority vote of the membership of the commission. (3) (A) Any person failing to appear or to produce the books, records, or documents subpoenaed by the commission shall be guilty of contempt. (B) The person shall be punished by the circuit court upon petition being filed with the circuit court by the commission in the same manner as provided by law for punishment of contempt of the circuit court.

(1) In addition to its existing powers and duties, the commission may administer oaths and subpoena witnesses, books, records, and other documents deemed necessary for the proper investigation and performance of any powers, functions, or duties of the commission.

(2) All such subpoenas shall be issued by the chair of the commission or such other members of the commission as authorized by a majority vote of the membership of the commission.

(3) (A) Any person failing to appear or to produce the books, records, or documents subpoenaed by the commission shall be guilty of contempt. (B) The person shall be punished by the circuit court upon petition being filed with the circuit court by the commission in the same manner as provided by law for punishment of contempt of the circuit court.

(A) Any person failing to appear or to produce the books, records, or documents subpoenaed by the commission shall be guilty of contempt.

(B) The person shall be punished by the circuit court upon petition being filed with the circuit court by the commission in the same manner as provided by law for punishment of contempt of the circuit court.

(e) (1) The commission shall perform the duties prescribed in this chapter. (2) For such purposes, the commission may promulgate and enforce reasonable and necessary rules.

(1) The commission shall perform the duties prescribed in this chapter.

(2) For such purposes, the commission may promulgate and enforce reasonable and necessary rules.

(f) Members of the commission shall not exercise police powers, nor shall the appointment qualify a commissioner as a law enforcement officer as defined in § 12-9-102 .

Amended by Act 2019, No. 315,§ 845, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 844, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5759, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5758, eff. 7/1/2019.

Acts 1945, No. 231, § 2; 1949, No. 157, § 1; 1953, No. 74, § 1; 1981, No. 45, § 2; 1981, No. 540, §§ 10, 11; A.S.A. 1947, §§ 42-401.1, 42-402, 42-403.2, 42-403.3; Acts 2001, No. 1697, § 1; 2005, No. 666, § 1.
Ark. Code Ann. § 12-9-211 — AR Code / Title 12 / Chapter 9 / Subchapter 2 / Section 12-9-211
Private school and private college or university law enforcement officers
Status: in_force

(a) A law enforcement officer for a private school or a private college or university is permitted to attend the Arkansas Law Enforcement Training Academy for training and instruction. (b) The private school or the private college or university for which the law enforcement officer is employed shall: (1) Pay any necessary transportation cost in traveling to and from the academy; and (2) Reimburse the Division of Law Enforcement Standards and Training for any cost associated with the private school or private college or university law enforcement officer's training or instruction at the academy. Amended by Act 2021, No. 535,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5827, eff. 7/1/2019. Added by Act 2013, No. 227,§ 2, eff. 8/16/2013.

(a) A law enforcement officer for a private school or a private college or university is permitted to attend the Arkansas Law Enforcement Training Academy for training and instruction.

(b) The private school or the private college or university for which the law enforcement officer is employed shall: (1) Pay any necessary transportation cost in traveling to and from the academy; and (2) Reimburse the Division of Law Enforcement Standards and Training for any cost associated with the private school or private college or university law enforcement officer's training or instruction at the academy.

(1) Pay any necessary transportation cost in traveling to and from the academy; and

(2) Reimburse the Division of Law Enforcement Standards and Training for any cost associated with the private school or private college or university law enforcement officer's training or instruction at the academy.

Amended by Act 2021, No. 535,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5827, eff. 7/1/2019.

Added by Act 2013, No. 227,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 12-13-109 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-109
[Repealed]
Status: repealed

Repealed by Act 2023, No. 841,§ 16, eff. 7/1/2023. Amended by Act 2023, No. 787,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5865, eff. 7/1/2019. Acts 1955, No. 254, § 8; A.S.A. 1947, § 82-813.

Repealed by Act 2023, No. 841,§ 16, eff. 7/1/2023.

Amended by Act 2023, No. 787,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5865, eff. 7/1/2019.

Acts 1955, No. 254, § 8; A.S.A. 1947, § 82-813.
Ark. Code Ann. § 12-12-308 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-308
Medical examiners - Professional liability insurance
Status: in_force

(a) The State Crime Laboratory shall obtain a policy of professional liability insurance in the amount of no less than four hundred thousand dollars ($400,000) to indemnify any person or persons injured by the State Medical Examiner or his or her associates in the performance of their duties under this subchapter. (b) The premium for the policy of insurance shall be paid from funds appropriated by the General Assembly for the maintenance and general operations of the State Crime Laboratory. Acts 1979, No. 864, § 19; A.S.A. 1947, § 42-1221.

(a) The State Crime Laboratory shall obtain a policy of professional liability insurance in the amount of no less than four hundred thousand dollars ($400,000) to indemnify any person or persons injured by the State Medical Examiner or his or her associates in the performance of their duties under this subchapter.

(b) The premium for the policy of insurance shall be paid from funds appropriated by the General Assembly for the maintenance and general operations of the State Crime Laboratory.

Acts 1979, No. 864, § 19; A.S.A. 1947, § 42-1221.
Ark. Code Ann. § 12-12-204 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-204
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1277,§ 1, eff. 8/16/2013. Acts 1985, No. 402, §§ 1-3; A.S.A. 1947, §§ 5-1121 -- 5-1123.

Repealed by Act 2013, No. 1277,§ 1, eff. 8/16/2013.

Acts 1985, No. 402, §§ 1-3; A.S.A. 1947, §§ 5-1121 -- 5-1123.
Ark. Code Ann. § 12-87-115 — AR Code / Title 12 / Chapter 87 / Section 12-87-115
Effective date
Status: in_force

This chapter takes effect October 1, 2009. Acts 2009, No. 432, § 1.

This chapter takes effect October 1, 2009.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-8-509 — AR Code / Title 12 / Chapter 8 / Subchapter 5 / Section 12-8-509
Additional reporting required
Status: in_force

(a) The state agency or entity responsible for administering the twenty-four-hour toll-free Child Abuse Hotline or investigating an incident of neglect as defined under § 12-18-103(14)(B) shall: (1) Develop and maintain statewide statistics of the incidents of neglect reported or investigated under § 12-18-103(14)(B) ; (2) (A) Annually report no later than October 1 to the following: (i) The Senate Interim Committee on Children and Youth; (ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs; (iii) The Senate Committee on Public Health, Welfare, and Labor; and (iv) The House Committee on Public Health, Welfare, and Labor. (B) The annual report under this section shall include all findings and statistics regarding incidents of neglect reported or investigated under § 12-18-103(14)(B) , including, but not limited to, the following information: (i) The age of the mother; (ii) The type of illegal substance to which the newborn child was exposed prenatally; (iii) The estimated gestational age of the newborn child at the time of birth; and (iv) The newborn child's health problems; and (3) (A) Notify each mandatory reporter who makes a call to the Child Abuse Hotline if the mandatory reporter's call is not accepted or is screened out on a subsequent Child Abuse Hotline supervisor review. (B) The notification required under subdivision (a)(3)(A) of this section shall be made within forty-eight (48) hours, excluding weekends and holidays, after a mandatory reporter makes a call to the Child Abuse Hotline that is not accepted or is screened out on a subsequent Child Abuse Hotline supervisor review. (b) If more than one (1) state agency or entity is responsible for administering the twenty-four-hour toll-free Child Abuse Hotline or investigating an incident of neglect as defined under § 12-18-103(14)(B) , then the reporting under this section shall be a collaborative effort by all state agencies or entities involved. Acts 2005, No. 1176, § 4; 2007, No. 703, § 8; 2009, No. 758, § 21.

(a) The state agency or entity responsible for administering the twenty-four-hour toll-free Child Abuse Hotline or investigating an incident of neglect as defined under § 12-18-103(14)(B) shall: (1) Develop and maintain statewide statistics of the incidents of neglect reported or investigated under § 12-18-103(14)(B) ; (2) (A) Annually report no later than October 1 to the following: (i) The Senate Interim Committee on Children and Youth; (ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs; (iii) The Senate Committee on Public Health, Welfare, and Labor; and (iv) The House Committee on Public Health, Welfare, and Labor. (B) The annual report under this section shall include all findings and statistics regarding incidents of neglect reported or investigated under § 12-18-103(14)(B) , including, but not limited to, the following information: (i) The age of the mother; (ii) The type of illegal substance to which the newborn child was exposed prenatally; (iii) The estimated gestational age of the newborn child at the time of birth; and (iv) The newborn child's health problems; and (3) (A) Notify each mandatory reporter who makes a call to the Child Abuse Hotline if the mandatory reporter's call is not accepted or is screened out on a subsequent Child Abuse Hotline supervisor review. (B) The notification required under subdivision (a)(3)(A) of this section shall be made within forty-eight (48) hours, excluding weekends and holidays, after a mandatory reporter makes a call to the Child Abuse Hotline that is not accepted or is screened out on a subsequent Child Abuse Hotline supervisor review.

(1) Develop and maintain statewide statistics of the incidents of neglect reported or investigated under § 12-18-103(14)(B) ;

(2) (A) Annually report no later than October 1 to the following: (i) The Senate Interim Committee on Children and Youth; (ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs; (iii) The Senate Committee on Public Health, Welfare, and Labor; and (iv) The House Committee on Public Health, Welfare, and Labor. (B) The annual report under this section shall include all findings and statistics regarding incidents of neglect reported or investigated under § 12-18-103(14)(B) , including, but not limited to, the following information: (i) The age of the mother; (ii) The type of illegal substance to which the newborn child was exposed prenatally; (iii) The estimated gestational age of the newborn child at the time of birth; and (iv) The newborn child's health problems; and

(A) Annually report no later than October 1 to the following: (i) The Senate Interim Committee on Children and Youth; (ii) The House Committee on Aging, Children and Youth, Legislative and Military Affairs; (iii) The Senate Committee on Public Health, Welfare, and Labor; and (iv) The House Committee on Public Health, Welfare, and Labor.

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

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

(iii) The Senate Committee on Public Health, Welfare, and Labor; and

(iv) The House Committee on Public Health, Welfare, and Labor.

(B) The annual report under this section shall include all findings and statistics regarding incidents of neglect reported or investigated under § 12-18-103(14)(B) , including, but not limited to, the following information: (i) The age of the mother; (ii) The type of illegal substance to which the newborn child was exposed prenatally; (iii) The estimated gestational age of the newborn child at the time of birth; and (iv) The newborn child's health problems; and

(i) The age of the mother;

(ii) The type of illegal substance to which the newborn child was exposed prenatally;

(iii) The estimated gestational age of the newborn child at the time of birth; and

(iv) The newborn child's health problems; and

(3) (A) Notify each mandatory reporter who makes a call to the Child Abuse Hotline if the mandatory reporter's call is not accepted or is screened out on a subsequent Child Abuse Hotline supervisor review. (B) The notification required under subdivision (a)(3)(A) of this section shall be made within forty-eight (48) hours, excluding weekends and holidays, after a mandatory reporter makes a call to the Child Abuse Hotline that is not accepted or is screened out on a subsequent Child Abuse Hotline supervisor review.

(A) Notify each mandatory reporter who makes a call to the Child Abuse Hotline if the mandatory reporter's call is not accepted or is screened out on a subsequent Child Abuse Hotline supervisor review.

(B) The notification required under subdivision (a)(3)(A) of this section shall be made within forty-eight (48) hours, excluding weekends and holidays, after a mandatory reporter makes a call to the Child Abuse Hotline that is not accepted or is screened out on a subsequent Child Abuse Hotline supervisor review.

(b) If more than one (1) state agency or entity is responsible for administering the twenty-four-hour toll-free Child Abuse Hotline or investigating an incident of neglect as defined under § 12-18-103(14)(B) , then the reporting under this section shall be a collaborative effort by all state agencies or entities involved.

Acts 2005, No. 1176, § 4; 2007, No. 703, § 8; 2009, No. 758, § 21.
Ark. Code Ann. § 12-88-108 — AR Code / Title 12 / Chapter 88 / Section 12-88-108
Supplemental
Status: in_force

This chapter is supplemental to the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., and any other law applicable to businesses and individuals acting as emergency responders. Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.

This chapter is supplemental to the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., and any other law applicable to businesses and individuals acting as emergency responders.

Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Ark. Code Ann. § 12-18-602 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-602
Initiation of the investigation
Status: in_force

(a) The Department of Human Services and the Division of Arkansas State Police shall cause an investigation to be made upon receiving initial notification of suspected child maltreatment or notification of a child death. (b) (1) All investigations shall begin within seventy-two (72) hours. (2) However, the investigation shall begin within twenty-four (24) hours if: (A) The allegation is severe maltreatment, excluding an allegation: (i) Of sexual abuse if the most recent allegation of sexual abuse was more than one (1) year ago or the alleged victim does not currently have contact with the alleged offender; (ii) Of abandonment and the child is in a facility; (iii) Of cuts, welts, bruises, or suffocation if the most recent allegation was more than one (1) year ago and the alleged victim is in the custody of the Department of Human Services; or (iv) In which the alleged victim is in a facility and does not currently have contact with the alleged offender; (B) The allegation is that a child has been subjected to neglect as defined in § 12-18-103(14)(B) ; or (C) A child has died suddenly and unexpectedly. (c) At the initial time of contact with the alleged offender, the person conducting the investigation shall advise the alleged offender of the allegations made against the alleged offender in a manner that is consistent with the laws protecting the rights of the person who made the report. (d) The Department of Human Services and the Division of Arkansas State Police shall: (1) Develop policy and procedures to follow when a child dies suddenly and unexpectedly to use in a child death investigation; (2) Determine during the Department of Human Services' and the Division of Arkansas State Police's investigation whether the child's death was caused by child maltreatment; and (3) Assess the home to ensure the safety of surviving siblings or children in the home. (e) Upon initiation of the investigation, the primary focus of the investigation shall be whether or not the alleged offender has access to children and whether or not children are at risk such that children need to be protected. Amended by Act 2019, No. 881,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 250,§ 13, eff. 8/1/2017. Amended by Act 2015, No. 1211,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 1026,§ 5, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 11, eff. 7/22/2015. Acts 2009, No. 749, § 1; 2011, No. 1143, § 11.

(a) The Department of Human Services and the Division of Arkansas State Police shall cause an investigation to be made upon receiving initial notification of suspected child maltreatment or notification of a child death.

(b) (1) All investigations shall begin within seventy-two (72) hours. (2) However, the investigation shall begin within twenty-four (24) hours if: (A) The allegation is severe maltreatment, excluding an allegation: (i) Of sexual abuse if the most recent allegation of sexual abuse was more than one (1) year ago or the alleged victim does not currently have contact with the alleged offender; (ii) Of abandonment and the child is in a facility; (iii) Of cuts, welts, bruises, or suffocation if the most recent allegation was more than one (1) year ago and the alleged victim is in the custody of the Department of Human Services; or (iv) In which the alleged victim is in a facility and does not currently have contact with the alleged offender; (B) The allegation is that a child has been subjected to neglect as defined in § 12-18-103(14)(B) ; or (C) A child has died suddenly and unexpectedly.

(1) All investigations shall begin within seventy-two (72) hours.

(2) However, the investigation shall begin within twenty-four (24) hours if: (A) The allegation is severe maltreatment, excluding an allegation: (i) Of sexual abuse if the most recent allegation of sexual abuse was more than one (1) year ago or the alleged victim does not currently have contact with the alleged offender; (ii) Of abandonment and the child is in a facility; (iii) Of cuts, welts, bruises, or suffocation if the most recent allegation was more than one (1) year ago and the alleged victim is in the custody of the Department of Human Services; or (iv) In which the alleged victim is in a facility and does not currently have contact with the alleged offender; (B) The allegation is that a child has been subjected to neglect as defined in § 12-18-103(14)(B) ; or (C) A child has died suddenly and unexpectedly.

(A) The allegation is severe maltreatment, excluding an allegation: (i) Of sexual abuse if the most recent allegation of sexual abuse was more than one (1) year ago or the alleged victim does not currently have contact with the alleged offender; (ii) Of abandonment and the child is in a facility; (iii) Of cuts, welts, bruises, or suffocation if the most recent allegation was more than one (1) year ago and the alleged victim is in the custody of the Department of Human Services; or (iv) In which the alleged victim is in a facility and does not currently have contact with the alleged offender;

(i) Of sexual abuse if the most recent allegation of sexual abuse was more than one (1) year ago or the alleged victim does not currently have contact with the alleged offender;

(ii) Of abandonment and the child is in a facility;

(iii) Of cuts, welts, bruises, or suffocation if the most recent allegation was more than one (1) year ago and the alleged victim is in the custody of the Department of Human Services; or

(iv) In which the alleged victim is in a facility and does not currently have contact with the alleged offender;

(B) The allegation is that a child has been subjected to neglect as defined in § 12-18-103(14)(B) ; or

(C) A child has died suddenly and unexpectedly.

(c) At the initial time of contact with the alleged offender, the person conducting the investigation shall advise the alleged offender of the allegations made against the alleged offender in a manner that is consistent with the laws protecting the rights of the person who made the report.

(d) The Department of Human Services and the Division of Arkansas State Police shall: (1) Develop policy and procedures to follow when a child dies suddenly and unexpectedly to use in a child death investigation; (2) Determine during the Department of Human Services' and the Division of Arkansas State Police's investigation whether the child's death was caused by child maltreatment; and (3) Assess the home to ensure the safety of surviving siblings or children in the home.

(1) Develop policy and procedures to follow when a child dies suddenly and unexpectedly to use in a child death investigation;

(2) Determine during the Department of Human Services' and the Division of Arkansas State Police's investigation whether the child's death was caused by child maltreatment; and

(3) Assess the home to ensure the safety of surviving siblings or children in the home.

(e) Upon initiation of the investigation, the primary focus of the investigation shall be whether or not the alleged offender has access to children and whether or not children are at risk such that children need to be protected.

Amended by Act 2019, No. 881,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 250,§ 13, eff. 8/1/2017.

Amended by Act 2015, No. 1211,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 1026,§ 5, eff. 7/22/2015.

Amended by Act 2015, No. 1004,§ 11, eff. 7/22/2015.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 11.
Ark. Code Ann. § 12-8-210 — AR Code / Title 12 / Chapter 8 / Subchapter 2 / Section 12-8-210
Insurance - Medical and hospital - Definitions
Status: in_force

(a) (1) The Division of Arkansas State Police shall obtain a policy or contract of medical and hospital insurance or establish a self-insurance fund in lieu thereof to provide medical and hospital insurance for all eligible employees of the division. (2) The division shall pay all or a portion of the premium, fee, or other costs for the policy or contract or payments into a self-insurance fund from funds appropriated to the division for personal service matching or which may be specifically appropriated for that purpose. (b) The division may provide hospitalization and medical services coverage under a group health insurance program or may in lieu thereof provide coverage for hospitalization and medical insurance services under a self-insurance program established by the division for the spouses and dependents of eligible employees of the division and pay all or a portion of the premium thereon or payments into the self-insurance fund from funds appropriated for that purpose. (c) In the event that the division, acting pursuant to a resolution adopted by the Arkansas State Police Commission, exercises the option to establish a self-insurance program, this program shall provide hospitalization and medical services coverage for eligible employees of the division and for the spouses and dependents of eligible employees of the division as authorized in this section and shall be operated in accordance with policies, rules, procedures, and benefits prescribed by the commission. (d) Members of the division who retire and receive retirement benefits under the State Police Retirement System after July 1, 1985, shall be eligible to participate in the group health self-insurance program established by the commission for eligible retirees and for their spouses and dependents in the same manner and under the same conditions as provided in §§ 21-5-410 and 21-5-411 , which authorize retired state employees receiving retirement benefits under the Arkansas Public Employees' Retirement System to participate in the State and Public School Life and Health Insurance Program. (e) As used in this section: (1) "Eligible employee" means an individual who is: (A) A full-time employee of the division as defined in the plan document for the Arkansas State Police Employee Health Plan; and (B) Qualified to enroll in the health benefit plan offered by the division; and (2) "Eligible retiree" means an employee who: (A) Retires under the division's formal retirement plan; (B) Is eligible to continue to participate in the retirement plan upon retirement as defined in the plan document for the Arkansas State Police Employee Health Plan; and (C) Is qualified to enroll in the health benefit plan offered by the division. Amended by Act 2017, No. 1054,§ 1, eff. 8/1/2017. Acts 1971, No. 243, § 1; 1975, No. 636, § 1; 1985, No. 951, §§ 1-3; A.S.A. 1947, §§ 42-434 -- 42-434.2; Acts 2001, No. 1697, § 17.

(a) (1) The Division of Arkansas State Police shall obtain a policy or contract of medical and hospital insurance or establish a self-insurance fund in lieu thereof to provide medical and hospital insurance for all eligible employees of the division. (2) The division shall pay all or a portion of the premium, fee, or other costs for the policy or contract or payments into a self-insurance fund from funds appropriated to the division for personal service matching or which may be specifically appropriated for that purpose.

(1) The Division of Arkansas State Police shall obtain a policy or contract of medical and hospital insurance or establish a self-insurance fund in lieu thereof to provide medical and hospital insurance for all eligible employees of the division.

(2) The division shall pay all or a portion of the premium, fee, or other costs for the policy or contract or payments into a self-insurance fund from funds appropriated to the division for personal service matching or which may be specifically appropriated for that purpose.

(b) The division may provide hospitalization and medical services coverage under a group health insurance program or may in lieu thereof provide coverage for hospitalization and medical insurance services under a self-insurance program established by the division for the spouses and dependents of eligible employees of the division and pay all or a portion of the premium thereon or payments into the self-insurance fund from funds appropriated for that purpose.

(c) In the event that the division, acting pursuant to a resolution adopted by the Arkansas State Police Commission, exercises the option to establish a self-insurance program, this program shall provide hospitalization and medical services coverage for eligible employees of the division and for the spouses and dependents of eligible employees of the division as authorized in this section and shall be operated in accordance with policies, rules, procedures, and benefits prescribed by the commission.

(d) Members of the division who retire and receive retirement benefits under the State Police Retirement System after July 1, 1985, shall be eligible to participate in the group health self-insurance program established by the commission for eligible retirees and for their spouses and dependents in the same manner and under the same conditions as provided in §§ 21-5-410 and 21-5-411 , which authorize retired state employees receiving retirement benefits under the Arkansas Public Employees' Retirement System to participate in the State and Public School Life and Health Insurance Program.

(e) As used in this section: (1) "Eligible employee" means an individual who is: (A) A full-time employee of the division as defined in the plan document for the Arkansas State Police Employee Health Plan; and (B) Qualified to enroll in the health benefit plan offered by the division; and (2) "Eligible retiree" means an employee who: (A) Retires under the division's formal retirement plan; (B) Is eligible to continue to participate in the retirement plan upon retirement as defined in the plan document for the Arkansas State Police Employee Health Plan; and (C) Is qualified to enroll in the health benefit plan offered by the division.

(1) "Eligible employee" means an individual who is: (A) A full-time employee of the division as defined in the plan document for the Arkansas State Police Employee Health Plan; and (B) Qualified to enroll in the health benefit plan offered by the division; and

(A) A full-time employee of the division as defined in the plan document for the Arkansas State Police Employee Health Plan; and

(B) Qualified to enroll in the health benefit plan offered by the division; and

(2) "Eligible retiree" means an employee who: (A) Retires under the division's formal retirement plan; (B) Is eligible to continue to participate in the retirement plan upon retirement as defined in the plan document for the Arkansas State Police Employee Health Plan; and (C) Is qualified to enroll in the health benefit plan offered by the division.

(A) Retires under the division's formal retirement plan;

(B) Is eligible to continue to participate in the retirement plan upon retirement as defined in the plan document for the Arkansas State Police Employee Health Plan; and

(C) Is qualified to enroll in the health benefit plan offered by the division.

Amended by Act 2017, No. 1054,§ 1, eff. 8/1/2017.

Acts 1971, No. 243, § 1; 1975, No. 636, § 1; 1985, No. 951, §§ 1-3; A.S.A. 1947, §§ 42-434 -- 42-434.2; Acts 2001, No. 1697, § 17.
Ark. Code Ann. § 12-62-406 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-406
Stay of proceedings
Status: in_force

(a) All lawsuits pending in any court of this state in which any attorney for either party or any party is a member of the reserve components of the armed forces and who has been ordered to a period of active duty in the armed forces of the State of Arkansas or of the United States, pursuant to a written order issued by the authority of the President of the United States or the Governor of the State of Arkansas, upon written notice to the parties and the court, shall be stayed for a period of not less than fifteen (15) days preceding the period of active duty and for thirty (30) days following the period of active duty, unless for a time less as requested by the party or attorney. The proceedings shall be stayed without regard to the number of other attorneys also representing parties litigant. Judgments, decrees, sentences, or fines rendered or imposed in violation hereof after written notice for continuance has been filed hereunder shall be void and unenforceable. (b) (1) This section does not apply to any dependency-neglect actions. (2) However, in dependency-neglect actions, a member of the National Guard or reserve component of the armed forces of the United States who has been ordered to a period of active duty in the armed forces of the State of Arkansas or the United States pursuant to a written order issued by the authority of the President of the United States or the Governor of the State of Arkansas shall be afforded the protections under the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq., as in effect on February 1, 2011, to the same extent as if his or her duties were for federal military status. Acts 1969, No. 50, § 198; A.S.A. 1947, § 11-1009; Acts 1991, No. 965, § 3; 2009, No. 956, § 30; 2011, No. 1170, § 1.

(a) All lawsuits pending in any court of this state in which any attorney for either party or any party is a member of the reserve components of the armed forces and who has been ordered to a period of active duty in the armed forces of the State of Arkansas or of the United States, pursuant to a written order issued by the authority of the President of the United States or the Governor of the State of Arkansas, upon written notice to the parties and the court, shall be stayed for a period of not less than fifteen (15) days preceding the period of active duty and for thirty (30) days following the period of active duty, unless for a time less as requested by the party or attorney. The proceedings shall be stayed without regard to the number of other attorneys also representing parties litigant. Judgments, decrees, sentences, or fines rendered or imposed in violation hereof after written notice for continuance has been filed hereunder shall be void and unenforceable.

(b) (1) This section does not apply to any dependency-neglect actions. (2) However, in dependency-neglect actions, a member of the National Guard or reserve component of the armed forces of the United States who has been ordered to a period of active duty in the armed forces of the State of Arkansas or the United States pursuant to a written order issued by the authority of the President of the United States or the Governor of the State of Arkansas shall be afforded the protections under the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq., as in effect on February 1, 2011, to the same extent as if his or her duties were for federal military status.

(1) This section does not apply to any dependency-neglect actions.

(2) However, in dependency-neglect actions, a member of the National Guard or reserve component of the armed forces of the United States who has been ordered to a period of active duty in the armed forces of the State of Arkansas or the United States pursuant to a written order issued by the authority of the President of the United States or the Governor of the State of Arkansas shall be afforded the protections under the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq., as in effect on February 1, 2011, to the same extent as if his or her duties were for federal military status.

Acts 1969, No. 50, § 198; A.S.A. 1947, § 11-1009; Acts 1991, No. 965, § 3; 2009, No. 956, § 30; 2011, No. 1170, § 1.
Ark. Code Ann. § 12-27-127 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-127
Transfer to the Division of Community Correction - Transfer of an inmate between divisions
Status: in_force

(a) (1) A commitment shall be treated as a commitment to the Division of Correction and subject to regular transfer eligibility. (2) However, an inmate may be judicially or administratively transferred to the Division of Community Correction by the Division of Correction unless the court indicates on the sentencing order that the Division of Correction shall not administratively transfer a statutorily eligible inmate to the Division of Community Correction in accordance with the rules promulgated by the Board of Corrections. (b) (1) In accordance with rules and procedures promulgated by the Board of Corrections and the orders of the committing court, the Director of the Division of Community Correction shall assign a newly transferred inmate to an appropriate facility, placement, program, or status within the Division of Community Correction. (2) The director may transfer an inmate from one facility, placement, program, or status to another facility, placement, program, or status consistent with the commitment, applicable law, and in accordance with treatment, training, and security needs. (3) (A) An inmate may be administratively transferred back to the Division of Correction from the Division of Community Correction by the Post-Prison Transfer Board following a hearing in which the inmate is found ineligible for placement in a Division of Community Correction facility as he or she fails to meet the criteria or standards established by law or policy adopted by the Board of Corrections or has been found guilty of a violation of the rules of the facility. (B) Time served in a community correction facility or under supervision by the Division of Community Correction shall be credited against the sentence contained in the commitment to the Division of Correction. (c) (1) In accordance with rules and procedures promulgated by the Board of Corrections, upon receipt of a referral from the director or his or her designee, the Post-Prison Transfer Board may release from confinement an inmate who has been: (A) Sentenced and judicially or administratively transferred to the Division of Community Correction; (B) Incarcerated for a minimum of: (i) One hundred eighty (180) days for a sentence of four (4) years or less; or (ii) Two hundred seventy (270) days for a sentence of more than four (4) years but less than six (6) years; and (C) Determined by the Division of Community Correction to have successfully completed its therapeutic program. (2) (A) The General Assembly finds that the power granted to the Post-Prison Transfer Board under subdivision (c)(1) of this section will: (i) Aid the therapeutic rehabilitation of the inmates judicially or administratively transferred to the Division of Community Correction; and (ii) More efficiently use the correctional resources of the State of Arkansas. (B) The power granted to the Post-Prison Transfer Board under subdivision (c)(1) of this section shall be the sole authority required for the accomplishment of the purposes set forth in this subdivision (c)(2), and when the Post-Prison Transfer Board exercises its power under this section, it shall not be necessary for the Post-Prison Transfer Board to comply with general provisions of other laws dealing with the minimum time constraints as applied to release eligibility. (3) This subsection does not grant the Post-Prison Transfer Board or the Division of Community Correction the authority either to detain an inmate beyond the sentence imposed upon him or her by a transferring court or to shorten that sentence. (4) [Repealed.] (d) (1) An inmate of the Division of Correction who is to be transferred to post-release supervision may be administratively transferred to the Division of Community Correction when the inmate is within eighteen (18) months of his or her projected release date for the purpose of participating in a reentry program of at least six (6) months in length. (2) Each inmate administratively transferred under this subsection shall be thoroughly screened and approved for participation by the director or his or her designee. (3) In accordance with rules promulgated by the Board of Corrections, upon receipt of a referral from the director or his or her designee, the Post-Prison Transfer Board may release from incarceration an inmate who has been: (A) Administratively transferred to the Division of Community Correction; and (B) Determined by the Division of Community Correction to have successfully completed its reentry program. (4) An inmate who has been administratively transferred under this subsection shall be administratively transferred back to the Division of Correction if he or she: (A) Is denied parole or transfer to post-release supervision; or (B) Fails to complete or is removed from the reentry program. Amended by Act 2023, No. 659,§ 91, eff. 1/1/2024. Amended by Act 2021, No. 55,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 751, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 750, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 749, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 748, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 747, eff. 7/1/2019. Amended by Act 2017, No. 423,§ 10, eff. 8/1/2017. Amended by Act 2015, No. 146,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1335,§ 1, eff. 8/16/2013. Acts 1993, No. 549, § 8; 1995, No. 1170, § 5; 2005, No. 682, § 1.

(a) (1) A commitment shall be treated as a commitment to the Division of Correction and subject to regular transfer eligibility. (2) However, an inmate may be judicially or administratively transferred to the Division of Community Correction by the Division of Correction unless the court indicates on the sentencing order that the Division of Correction shall not administratively transfer a statutorily eligible inmate to the Division of Community Correction in accordance with the rules promulgated by the Board of Corrections.

(1) A commitment shall be treated as a commitment to the Division of Correction and subject to regular transfer eligibility.

(2) However, an inmate may be judicially or administratively transferred to the Division of Community Correction by the Division of Correction unless the court indicates on the sentencing order that the Division of Correction shall not administratively transfer a statutorily eligible inmate to the Division of Community Correction in accordance with the rules promulgated by the Board of Corrections.

(b) (1) In accordance with rules and procedures promulgated by the Board of Corrections and the orders of the committing court, the Director of the Division of Community Correction shall assign a newly transferred inmate to an appropriate facility, placement, program, or status within the Division of Community Correction. (2) The director may transfer an inmate from one facility, placement, program, or status to another facility, placement, program, or status consistent with the commitment, applicable law, and in accordance with treatment, training, and security needs. (3) (A) An inmate may be administratively transferred back to the Division of Correction from the Division of Community Correction by the Post-Prison Transfer Board following a hearing in which the inmate is found ineligible for placement in a Division of Community Correction facility as he or she fails to meet the criteria or standards established by law or policy adopted by the Board of Corrections or has been found guilty of a violation of the rules of the facility. (B) Time served in a community correction facility or under supervision by the Division of Community Correction shall be credited against the sentence contained in the commitment to the Division of Correction.

(1) In accordance with rules and procedures promulgated by the Board of Corrections and the orders of the committing court, the Director of the Division of Community Correction shall assign a newly transferred inmate to an appropriate facility, placement, program, or status within the Division of Community Correction.

(2) The director may transfer an inmate from one facility, placement, program, or status to another facility, placement, program, or status consistent with the commitment, applicable law, and in accordance with treatment, training, and security needs.

(3) (A) An inmate may be administratively transferred back to the Division of Correction from the Division of Community Correction by the Post-Prison Transfer Board following a hearing in which the inmate is found ineligible for placement in a Division of Community Correction facility as he or she fails to meet the criteria or standards established by law or policy adopted by the Board of Corrections or has been found guilty of a violation of the rules of the facility. (B) Time served in a community correction facility or under supervision by the Division of Community Correction shall be credited against the sentence contained in the commitment to the Division of Correction.

(A) An inmate may be administratively transferred back to the Division of Correction from the Division of Community Correction by the Post-Prison Transfer Board following a hearing in which the inmate is found ineligible for placement in a Division of Community Correction facility as he or she fails to meet the criteria or standards established by law or policy adopted by the Board of Corrections or has been found guilty of a violation of the rules of the facility.

(B) Time served in a community correction facility or under supervision by the Division of Community Correction shall be credited against the sentence contained in the commitment to the Division of Correction.

(c) (1) In accordance with rules and procedures promulgated by the Board of Corrections, upon receipt of a referral from the director or his or her designee, the Post-Prison Transfer Board may release from confinement an inmate who has been: (A) Sentenced and judicially or administratively transferred to the Division of Community Correction; (B) Incarcerated for a minimum of: (i) One hundred eighty (180) days for a sentence of four (4) years or less; or (ii) Two hundred seventy (270) days for a sentence of more than four (4) years but less than six (6) years; and (C) Determined by the Division of Community Correction to have successfully completed its therapeutic program. (2) (A) The General Assembly finds that the power granted to the Post-Prison Transfer Board under subdivision (c)(1) of this section will: (i) Aid the therapeutic rehabilitation of the inmates judicially or administratively transferred to the Division of Community Correction; and (ii) More efficiently use the correctional resources of the State of Arkansas. (B) The power granted to the Post-Prison Transfer Board under subdivision (c)(1) of this section shall be the sole authority required for the accomplishment of the purposes set forth in this subdivision (c)(2), and when the Post-Prison Transfer Board exercises its power under this section, it shall not be necessary for the Post-Prison Transfer Board to comply with general provisions of other laws dealing with the minimum time constraints as applied to release eligibility. (3) This subsection does not grant the Post-Prison Transfer Board or the Division of Community Correction the authority either to detain an inmate beyond the sentence imposed upon him or her by a transferring court or to shorten that sentence. (4) [Repealed.]

(1) In accordance with rules and procedures promulgated by the Board of Corrections, upon receipt of a referral from the director or his or her designee, the Post-Prison Transfer Board may release from confinement an inmate who has been: (A) Sentenced and judicially or administratively transferred to the Division of Community Correction; (B) Incarcerated for a minimum of: (i) One hundred eighty (180) days for a sentence of four (4) years or less; or (ii) Two hundred seventy (270) days for a sentence of more than four (4) years but less than six (6) years; and (C) Determined by the Division of Community Correction to have successfully completed its therapeutic program.

(A) Sentenced and judicially or administratively transferred to the Division of Community Correction;

(B) Incarcerated for a minimum of: (i) One hundred eighty (180) days for a sentence of four (4) years or less; or (ii) Two hundred seventy (270) days for a sentence of more than four (4) years but less than six (6) years; and

(i) One hundred eighty (180) days for a sentence of four (4) years or less; or

(ii) Two hundred seventy (270) days for a sentence of more than four (4) years but less than six (6) years; and

(C) Determined by the Division of Community Correction to have successfully completed its therapeutic program.

(2) (A) The General Assembly finds that the power granted to the Post-Prison Transfer Board under subdivision (c)(1) of this section will: (i) Aid the therapeutic rehabilitation of the inmates judicially or administratively transferred to the Division of Community Correction; and (ii) More efficiently use the correctional resources of the State of Arkansas. (B) The power granted to the Post-Prison Transfer Board under subdivision (c)(1) of this section shall be the sole authority required for the accomplishment of the purposes set forth in this subdivision (c)(2), and when the Post-Prison Transfer Board exercises its power under this section, it shall not be necessary for the Post-Prison Transfer Board to comply with general provisions of other laws dealing with the minimum time constraints as applied to release eligibility.

(A) The General Assembly finds that the power granted to the Post-Prison Transfer Board under subdivision (c)(1) of this section will: (i) Aid the therapeutic rehabilitation of the inmates judicially or administratively transferred to the Division of Community Correction; and (ii) More efficiently use the correctional resources of the State of Arkansas.

(i) Aid the therapeutic rehabilitation of the inmates judicially or administratively transferred to the Division of Community Correction; and

(ii) More efficiently use the correctional resources of the State of Arkansas.

(B) The power granted to the Post-Prison Transfer Board under subdivision (c)(1) of this section shall be the sole authority required for the accomplishment of the purposes set forth in this subdivision (c)(2), and when the Post-Prison Transfer Board exercises its power under this section, it shall not be necessary for the Post-Prison Transfer Board to comply with general provisions of other laws dealing with the minimum time constraints as applied to release eligibility.

(3) This subsection does not grant the Post-Prison Transfer Board or the Division of Community Correction the authority either to detain an inmate beyond the sentence imposed upon him or her by a transferring court or to shorten that sentence.

(4) [Repealed.]

(d) (1) An inmate of the Division of Correction who is to be transferred to post-release supervision may be administratively transferred to the Division of Community Correction when the inmate is within eighteen (18) months of his or her projected release date for the purpose of participating in a reentry program of at least six (6) months in length. (2) Each inmate administratively transferred under this subsection shall be thoroughly screened and approved for participation by the director or his or her designee. (3) In accordance with rules promulgated by the Board of Corrections, upon receipt of a referral from the director or his or her designee, the Post-Prison Transfer Board may release from incarceration an inmate who has been: (A) Administratively transferred to the Division of Community Correction; and (B) Determined by the Division of Community Correction to have successfully completed its reentry program. (4) An inmate who has been administratively transferred under this subsection shall be administratively transferred back to the Division of Correction if he or she: (A) Is denied parole or transfer to post-release supervision; or (B) Fails to complete or is removed from the reentry program.

(1) An inmate of the Division of Correction who is to be transferred to post-release supervision may be administratively transferred to the Division of Community Correction when the inmate is within eighteen (18) months of his or her projected release date for the purpose of participating in a reentry program of at least six (6) months in length.

(2) Each inmate administratively transferred under this subsection shall be thoroughly screened and approved for participation by the director or his or her designee.

(3) In accordance with rules promulgated by the Board of Corrections, upon receipt of a referral from the director or his or her designee, the Post-Prison Transfer Board may release from incarceration an inmate who has been: (A) Administratively transferred to the Division of Community Correction; and (B) Determined by the Division of Community Correction to have successfully completed its reentry program.

(A) Administratively transferred to the Division of Community Correction; and

(B) Determined by the Division of Community Correction to have successfully completed its reentry program.

(4) An inmate who has been administratively transferred under this subsection shall be administratively transferred back to the Division of Correction if he or she: (A) Is denied parole or transfer to post-release supervision; or (B) Fails to complete or is removed from the reentry program.

(A) Is denied parole or transfer to post-release supervision; or

(B) Fails to complete or is removed from the reentry program.

Amended by Act 2023, No. 659,§ 91, eff. 1/1/2024.

Amended by Act 2021, No. 55,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 751, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 750, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 749, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 748, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 747, eff. 7/1/2019.

Amended by Act 2017, No. 423,§ 10, eff. 8/1/2017.

Amended by Act 2015, No. 146,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1335,§ 1, eff. 8/16/2013.

Acts 1993, No. 549, § 8; 1995, No. 1170, § 5; 2005, No. 682, § 1.
Ark. Code Ann. § 12-8-110 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-110
Emergency operations - Extraordinary expenses and deputizing citizens
Status: in_force

(a) During an emergency operation, the Secretary of the Department of Public Safety may authorize the Division of Arkansas State Police to: (1) Incur expenses for all personnel of the division deployed to assist in the emergency operation; and (2) (A) Purchase food, drinks, and other essential items during the emergency operation. (B) Purchases described under subdivision (a)(2)(A) of this section shall use funds from the maintenance and operations classification in the division's operative appropriation act. (b) An officer employed by the division shall have the authority in case of emergency to call upon and deputize any reputable citizen of the state for assistance whenever it is deemed necessary for the proper enforcement of the law. Amended by Act 2023, No. 803,§ 48, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5769, eff. 7/1/2019. Acts 1945, No. 231, § 13; A.S.A. 1947, § 42-413.

(a) During an emergency operation, the Secretary of the Department of Public Safety may authorize the Division of Arkansas State Police to: (1) Incur expenses for all personnel of the division deployed to assist in the emergency operation; and (2) (A) Purchase food, drinks, and other essential items during the emergency operation. (B) Purchases described under subdivision (a)(2)(A) of this section shall use funds from the maintenance and operations classification in the division's operative appropriation act.

(1) Incur expenses for all personnel of the division deployed to assist in the emergency operation; and

(2) (A) Purchase food, drinks, and other essential items during the emergency operation. (B) Purchases described under subdivision (a)(2)(A) of this section shall use funds from the maintenance and operations classification in the division's operative appropriation act.

(A) Purchase food, drinks, and other essential items during the emergency operation.

(B) Purchases described under subdivision (a)(2)(A) of this section shall use funds from the maintenance and operations classification in the division's operative appropriation act.

(b) An officer employed by the division shall have the authority in case of emergency to call upon and deputize any reputable citizen of the state for assistance whenever it is deemed necessary for the proper enforcement of the law.

Amended by Act 2023, No. 803,§ 48, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5769, eff. 7/1/2019.

Acts 1945, No. 231, § 13; A.S.A. 1947, § 42-413.
Ark. Code Ann. § 12-75-103 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-103
Definitions
Status: in_force

As used in this chapter: (1) "Chief executive" means a head of government, the Governor, a county judge, and a mayor or city manager of incorporated places, dependent on the form and level of government; (2) "Disaster" means any tornado, storm, flood, high water, earthquake, drought, fire, radiological incident, air or surface-borne toxic or other hazardous material contamination, or other catastrophe, whether caused by natural forces, enemy attack, or any other means which: (A) In the determination of the Governor or the Director of the Arkansas Department of Emergency Management or his or her designee is or threatens to be of sufficient severity and magnitude to warrant state action or to require assistance by the state to supplement the efforts and available resources of local governments and relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby, and with respect to which the chief executive of any political subdivision in which the disaster occurs or threatens to occur certifies the need for state assistance and gives assurance of the local government for alleviating the damage, loss, hardship, or suffering resulting from such disaster; or (B) (i) Results in an interruption in the delivery of utility services when emergency declarations are required and when delays in obtaining an emergency declaration from the Governor or the director or his or her designee would hamper and delay restoration of utility service. (ii) In those instances, the Governor or the director or his or her designee may make such emergency determination subsequent to the initiation of the restoration work; (3) "Emergency jurisdiction" means any one (1) of the seventy-five (75) counties or specified local offices of emergency management or interjurisdictional offices of emergency management in the state; (4) (A) "Emergency management" means disaster or emergency preparedness, mitigation, response, recovery, and prevention by state and local governments other than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and damage resulting from major emergencies or from disasters caused by enemy attack, domestic or foreign terrorist attacks, natural causes, human-made catastrophes, or civil disturbances. (B) These functions include, without limitation: (i) Fire fighting; (ii) Law and order; (iii) Medical and health; (iv) Rescue; (v) Engineering; (vi) Warning; (vii) Communications; (viii) Radiological, chemical, biological, or other special material identification, measurement, and decontamination; (ix) Evacuation or relocation of persons from stricken areas; (x) Emergency social services such as housing, feeding, and locator services; (xi) Emergency transportations; (xii) Plant protection; (xiii) Damage assessment and evaluation; (xiv) Temporary restoration of public facilities; (xv) Emergency restoration of publicly owned utilities, or privately owned utilities serving the public good; (xvi) Debris clearance; (xvii) Hazard vulnerability and capability analysis; and (xviii) Other functions related to the protection of the people and property of the state, together with all other activities necessary or incidental to the preparedness, mitigation, response, recovery, and prevention for all the functions in this subdivision (4)(B); (5) "Emergency management requirements" means specific actions, activities, and accomplishments required for funding of state offices of emergency management or established local offices of emergency management, or both, under applicable state and federal emergency management program guidance and regulations; (6) "Emergency management standards" means standards of training, education, and performance established by the director for employees of the state offices of emergency management and established local offices of emergency management designed to ensure competency and professionalism and to determine minimum qualifications for the receipt of federal or state emergency management funding, or both; (7) (A) "Emergency responder" means any paid or volunteer person or entity: (i) With special skills, qualifications, training, knowledge, or experience in the public or private sectors that would be beneficial to an emergency jurisdiction in an emergency declared under § 12-75-108 or training exercises authorized by the United States Department of Homeland Security, the Arkansas Department of Emergency Management, or an emergency jurisdiction; and (ii) Who is: (a) Requested by a participating emergency jurisdiction to respond or assist with a declared emergency or with authorized training exercises; (b) Authorized to respond or assist a participating emergency jurisdiction with a declared emergency or with authorized training exercises; or (c) Both requested and authorized to respond or assist a participating emergency jurisdiction with a declared emergency or with authorized training exercises. (B) An emergency responder may include, without limitation, the following types of personnel: (i) Law enforcement officers; (ii) Firefighters; (iii) Hazardous material response personnel; (iv) Decontamination response personnel; (v) Certified bomb technicians; (vi) Emergency medical services personnel; (vii) Physicians; (viii) Nurses; (ix) Public health personnel; (x) Emergency management personnel; (xi) Public works personnel; (xii) Members of community emergency response teams; (xiii) Emergency personnel of nongovernmental organizations; and (xiv) Persons with specialized equipment operations skills or training or any other skills valuable to responding or assisting a participating emergency jurisdiction with a declared emergency or with authorized training exercises. (C) "Emergency responder" includes any full-time or part-time paid, volunteer, or auxiliary employee of the state, another state, a territory, a possession, the District of Columbia, the federal government, any neighboring country, or any political subdivision thereof, or of any agency or organization performing emergency management services at any place in this state subject to the order or control of, or pursuant to, a request of the state government or any political subdivision; (8) "Governing body" means a county quorum court, a city council, and a city board of directors; (9) (A) "Hazard mitigation assistance" means funds and programs to correct, alleviate, or eliminate a condition or situation which poses a threat to life, property, or public safety from the effects of a disaster. (B) Hazard mitigation assistance may include, but is not limited to, raising, replacing, removing, rerouting, or reconstructing existing public facilities such as roads, bridges, buildings, equipment, drainage systems, or other public or private nonprofit property, as defined in the Disaster Relief Act of 1974, 38 U.S.C. § 3720 and 42 U.S.C. § 5121 et seq.; (10) "Individual assistance" means funds and programs to provide for the immediate needs, including, but not limited to, food, clothing, and shelter for individuals and families; (11) (A) "Interjurisdictional agreement" means a mutual agreement between two (2) or more established local offices of emergency management that is approved by executive order of the Governor in accordance with this chapter to merge, integrate, or otherwise combine the functions of the respective established local offices of emergency management for more effective, economical, and efficient use of available personnel and resources. (B) An interjurisdictional agreement shall include specific provisions addressing the appointment, funding, administration, and operational control of the emergency management coordinator and staff of the interjurisdictional office of emergency management; (12) "Interjurisdictional office of emergency management" means an office of emergency management formed by two (2) or more local offices of emergency management under an interjurisdictional agreement; (13) "Local office of emergency management" means a county or municipal office of emergency management created and established in accordance with the provisions of this chapter to perform local emergency management functions within the existing political subdivisions of the state; (14) "Major emergency" means a condition which requires the activation of emergency response at the state or local levels, either in anticipation of a severe disaster such as an imminent enemy attack, potential civil disturbance, forecast major natural or human-caused disaster, or actual onset of conditions requiring the use of such forces which exceed the day-to-day response and activities of such forces and requires the coordinating of a complement of local, state, federal, or volunteer organizations; (15) (A) (i) "Operational control" means the assigning of missions and the exercising of immediate command and overall management of all resources committed by state or local government to a disaster operation or major emergency. (ii) Unless otherwise delegated by executive order, the chief executive of the state or local governments, the director, or head of the local office of emergency management as the chief executive's direct representative will exercise operational control of the occurrence and assign missions. (B) Each agency, department, or organization will exercise control and authority over its personnel and resources to accomplish the assigned mission. (C) (i) Each agency, department, or organization will coordinate activities through the Arkansas Department of Emergency Management or local office of emergency management exercising operational control of the occurrence. (ii) Operational control does not imply, nor is it intended to include, administrative management, which will remain with the parent organization; (16) "Participating emergency jurisdiction" means an emergency jurisdiction participating in the statewide mutual aid system established in § 12-75-119 ; (17) "Political subdivision" means all duly formed and constituted governing bodies created and established under the authority of the Arkansas Constitution and laws of this state; (18) "Public assistance" means funds and programs to make emergency repairs or restoration of public facilities, to include, but not be limited to, publicly owned or maintained facilities such as roads, streets, bridges, utilities, schools, and other structures and facilities; (19) (A) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides firefighting and rescue, natural or human-caused disaster or major emergency response, law enforcement, and ambulance or emergency medical services. (B) State offices of emergency management and local offices of emergency management are considered in the context and definition of public safety agencies for performance or coordination of functions defined as emergency management to the extent necessary for mitigation of, planning for, response to, and recovery from disasters or major emergencies; (20) "Public safety officer" means those positions of state offices of emergency management and local offices of emergency management approved by the director in state and local staffing patterns and authorized by him or her to perform or coordinate emergency management functions to the extent necessary for mitigation of, planning for, response to, recovery from, or prevention of disasters or major emergencies within limitations of this chapter; (21) "Response assistance" means funds to defray the costs of response to an emergency that does not necessarily result in a disaster of the magnitude and scope described in this section, but which requires the deployment and utilization of state and local government and private emergency personnel, equipment, and resources to protect and preserve lives and property and for the welfare of the citizens of Arkansas; and (22) "Utility services" means the transmission of communications or the transmission, distribution, or delivery of electricity, water, or natural gas for public use. Acts 1973, No. 511, § 3; 1985, No. 629, § 1; 1985, No. 687, § 2; 1985, No. 978, § 2; A.S.A. 1947, § 11-1936; Acts 1993, No. 1049, §§ 1, 2; 1995, No. 116, § 1; 1999, No. 646, §§ 7-11; 1999, No. 913, § 1; 2005, No. 1179, § 1; 2007, No. 197, § 2; 2009, No. 165, §§ 20-27.

As used in this chapter:

(1) "Chief executive" means a head of government, the Governor, a county judge, and a mayor or city manager of incorporated places, dependent on the form and level of government;

(2) "Disaster" means any tornado, storm, flood, high water, earthquake, drought, fire, radiological incident, air or surface-borne toxic or other hazardous material contamination, or other catastrophe, whether caused by natural forces, enemy attack, or any other means which: (A) In the determination of the Governor or the Director of the Arkansas Department of Emergency Management or his or her designee is or threatens to be of sufficient severity and magnitude to warrant state action or to require assistance by the state to supplement the efforts and available resources of local governments and relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby, and with respect to which the chief executive of any political subdivision in which the disaster occurs or threatens to occur certifies the need for state assistance and gives assurance of the local government for alleviating the damage, loss, hardship, or suffering resulting from such disaster; or (B) (i) Results in an interruption in the delivery of utility services when emergency declarations are required and when delays in obtaining an emergency declaration from the Governor or the director or his or her designee would hamper and delay restoration of utility service. (ii) In those instances, the Governor or the director or his or her designee may make such emergency determination subsequent to the initiation of the restoration work;

(A) In the determination of the Governor or the Director of the Arkansas Department of Emergency Management or his or her designee is or threatens to be of sufficient severity and magnitude to warrant state action or to require assistance by the state to supplement the efforts and available resources of local governments and relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby, and with respect to which the chief executive of any political subdivision in which the disaster occurs or threatens to occur certifies the need for state assistance and gives assurance of the local government for alleviating the damage, loss, hardship, or suffering resulting from such disaster; or

(B) (i) Results in an interruption in the delivery of utility services when emergency declarations are required and when delays in obtaining an emergency declaration from the Governor or the director or his or her designee would hamper and delay restoration of utility service. (ii) In those instances, the Governor or the director or his or her designee may make such emergency determination subsequent to the initiation of the restoration work;

(i) Results in an interruption in the delivery of utility services when emergency declarations are required and when delays in obtaining an emergency declaration from the Governor or the director or his or her designee would hamper and delay restoration of utility service.

(ii) In those instances, the Governor or the director or his or her designee may make such emergency determination subsequent to the initiation of the restoration work;

(3) "Emergency jurisdiction" means any one (1) of the seventy-five (75) counties or specified local offices of emergency management or interjurisdictional offices of emergency management in the state;

(4) (A) "Emergency management" means disaster or emergency preparedness, mitigation, response, recovery, and prevention by state and local governments other than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and damage resulting from major emergencies or from disasters caused by enemy attack, domestic or foreign terrorist attacks, natural causes, human-made catastrophes, or civil disturbances. (B) These functions include, without limitation: (i) Fire fighting; (ii) Law and order; (iii) Medical and health; (iv) Rescue; (v) Engineering; (vi) Warning; (vii) Communications; (viii) Radiological, chemical, biological, or other special material identification, measurement, and decontamination; (ix) Evacuation or relocation of persons from stricken areas; (x) Emergency social services such as housing, feeding, and locator services; (xi) Emergency transportations; (xii) Plant protection; (xiii) Damage assessment and evaluation; (xiv) Temporary restoration of public facilities; (xv) Emergency restoration of publicly owned utilities, or privately owned utilities serving the public good; (xvi) Debris clearance; (xvii) Hazard vulnerability and capability analysis; and (xviii) Other functions related to the protection of the people and property of the state, together with all other activities necessary or incidental to the preparedness, mitigation, response, recovery, and prevention for all the functions in this subdivision (4)(B);

(A) "Emergency management" means disaster or emergency preparedness, mitigation, response, recovery, and prevention by state and local governments other than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and damage resulting from major emergencies or from disasters caused by enemy attack, domestic or foreign terrorist attacks, natural causes, human-made catastrophes, or civil disturbances.

(B) These functions include, without limitation: (i) Fire fighting; (ii) Law and order; (iii) Medical and health; (iv) Rescue; (v) Engineering; (vi) Warning; (vii) Communications; (viii) Radiological, chemical, biological, or other special material identification, measurement, and decontamination; (ix) Evacuation or relocation of persons from stricken areas; (x) Emergency social services such as housing, feeding, and locator services; (xi) Emergency transportations; (xii) Plant protection; (xiii) Damage assessment and evaluation; (xiv) Temporary restoration of public facilities; (xv) Emergency restoration of publicly owned utilities, or privately owned utilities serving the public good; (xvi) Debris clearance; (xvii) Hazard vulnerability and capability analysis; and (xviii) Other functions related to the protection of the people and property of the state, together with all other activities necessary or incidental to the preparedness, mitigation, response, recovery, and prevention for all the functions in this subdivision (4)(B);

(i) Fire fighting;

(ii) Law and order;

(iii) Medical and health;

(iv) Rescue;

(v) Engineering;

(vi) Warning;

(vii) Communications;

(viii) Radiological, chemical, biological, or other special material identification, measurement, and decontamination;

(ix) Evacuation or relocation of persons from stricken areas;

(x) Emergency social services such as housing, feeding, and locator services;

(xi) Emergency transportations;

(xii) Plant protection;

(xiii) Damage assessment and evaluation;

(xiv) Temporary restoration of public facilities;

(xv) Emergency restoration of publicly owned utilities, or privately owned utilities serving the public good;

(xvi) Debris clearance;

(xvii) Hazard vulnerability and capability analysis; and

(xviii) Other functions related to the protection of the people and property of the state, together with all other activities necessary or incidental to the preparedness, mitigation, response, recovery, and prevention for all the functions in this subdivision (4)(B);

(5) "Emergency management requirements" means specific actions, activities, and accomplishments required for funding of state offices of emergency management or established local offices of emergency management, or both, under applicable state and federal emergency management program guidance and regulations;

(6) "Emergency management standards" means standards of training, education, and performance established by the director for employees of the state offices of emergency management and established local offices of emergency management designed to ensure competency and professionalism and to determine minimum qualifications for the receipt of federal or state emergency management funding, or both;

(7) (A) "Emergency responder" means any paid or volunteer person or entity: (i) With special skills, qualifications, training, knowledge, or experience in the public or private sectors that would be beneficial to an emergency jurisdiction in an emergency declared under § 12-75-108 or training exercises authorized by the United States Department of Homeland Security, the Arkansas Department of Emergency Management, or an emergency jurisdiction; and (ii) Who is: (a) Requested by a participating emergency jurisdiction to respond or assist with a declared emergency or with authorized training exercises; (b) Authorized to respond or assist a participating emergency jurisdiction with a declared emergency or with authorized training exercises; or (c) Both requested and authorized to respond or assist a participating emergency jurisdiction with a declared emergency or with authorized training exercises. (B) An emergency responder may include, without limitation, the following types of personnel: (i) Law enforcement officers; (ii) Firefighters; (iii) Hazardous material response personnel; (iv) Decontamination response personnel; (v) Certified bomb technicians; (vi) Emergency medical services personnel; (vii) Physicians; (viii) Nurses; (ix) Public health personnel; (x) Emergency management personnel; (xi) Public works personnel; (xii) Members of community emergency response teams; (xiii) Emergency personnel of nongovernmental organizations; and (xiv) Persons with specialized equipment operations skills or training or any other skills valuable to responding or assisting a participating emergency jurisdiction with a declared emergency or with authorized training exercises. (C) "Emergency responder" includes any full-time or part-time paid, volunteer, or auxiliary employee of the state, another state, a territory, a possession, the District of Columbia, the federal government, any neighboring country, or any political subdivision thereof, or of any agency or organization performing emergency management services at any place in this state subject to the order or control of, or pursuant to, a request of the state government or any political subdivision;

(A) "Emergency responder" means any paid or volunteer person or entity: (i) With special skills, qualifications, training, knowledge, or experience in the public or private sectors that would be beneficial to an emergency jurisdiction in an emergency declared under § 12-75-108 or training exercises authorized by the United States Department of Homeland Security, the Arkansas Department of Emergency Management, or an emergency jurisdiction; and (ii) Who is: (a) Requested by a participating emergency jurisdiction to respond or assist with a declared emergency or with authorized training exercises; (b) Authorized to respond or assist a participating emergency jurisdiction with a declared emergency or with authorized training exercises; or (c) Both requested and authorized to respond or assist a participating emergency jurisdiction with a declared emergency or with authorized training exercises.

(i) With special skills, qualifications, training, knowledge, or experience in the public or private sectors that would be beneficial to an emergency jurisdiction in an emergency declared under § 12-75-108 or training exercises authorized by the United States Department of Homeland Security, the Arkansas Department of Emergency Management, or an emergency jurisdiction; and

(ii) Who is: (a) Requested by a participating emergency jurisdiction to respond or assist with a declared emergency or with authorized training exercises; (b) Authorized to respond or assist a participating emergency jurisdiction with a declared emergency or with authorized training exercises; or (c) Both requested and authorized to respond or assist a participating emergency jurisdiction with a declared emergency or with authorized training exercises.

(a) Requested by a participating emergency jurisdiction to respond or assist with a declared emergency or with authorized training exercises;

(b) Authorized to respond or assist a participating emergency jurisdiction with a declared emergency or with authorized training exercises; or

(c) Both requested and authorized to respond or assist a participating emergency jurisdiction with a declared emergency or with authorized training exercises.

(B) An emergency responder may include, without limitation, the following types of personnel: (i) Law enforcement officers; (ii) Firefighters; (iii) Hazardous material response personnel; (iv) Decontamination response personnel; (v) Certified bomb technicians; (vi) Emergency medical services personnel; (vii) Physicians; (viii) Nurses; (ix) Public health personnel; (x) Emergency management personnel; (xi) Public works personnel; (xii) Members of community emergency response teams; (xiii) Emergency personnel of nongovernmental organizations; and (xiv) Persons with specialized equipment operations skills or training or any other skills valuable to responding or assisting a participating emergency jurisdiction with a declared emergency or with authorized training exercises.

(i) Law enforcement officers;

(ii) Firefighters;

(iii) Hazardous material response personnel;

(iv) Decontamination response personnel;

(v) Certified bomb technicians;

(vi) Emergency medical services personnel;

(vii) Physicians;

(viii) Nurses;

(ix) Public health personnel;

(x) Emergency management personnel;

(xi) Public works personnel;

(xii) Members of community emergency response teams;

(xiii) Emergency personnel of nongovernmental organizations; and

(xiv) Persons with specialized equipment operations skills or training or any other skills valuable to responding or assisting a participating emergency jurisdiction with a declared emergency or with authorized training exercises.

(C) "Emergency responder" includes any full-time or part-time paid, volunteer, or auxiliary employee of the state, another state, a territory, a possession, the District of Columbia, the federal government, any neighboring country, or any political subdivision thereof, or of any agency or organization performing emergency management services at any place in this state subject to the order or control of, or pursuant to, a request of the state government or any political subdivision;

(8) "Governing body" means a county quorum court, a city council, and a city board of directors;

(9) (A) "Hazard mitigation assistance" means funds and programs to correct, alleviate, or eliminate a condition or situation which poses a threat to life, property, or public safety from the effects of a disaster. (B) Hazard mitigation assistance may include, but is not limited to, raising, replacing, removing, rerouting, or reconstructing existing public facilities such as roads, bridges, buildings, equipment, drainage systems, or other public or private nonprofit property, as defined in the Disaster Relief Act of 1974, 38 U.S.C. § 3720 and 42 U.S.C. § 5121 et seq.;

(A) "Hazard mitigation assistance" means funds and programs to correct, alleviate, or eliminate a condition or situation which poses a threat to life, property, or public safety from the effects of a disaster.

(B) Hazard mitigation assistance may include, but is not limited to, raising, replacing, removing, rerouting, or reconstructing existing public facilities such as roads, bridges, buildings, equipment, drainage systems, or other public or private nonprofit property, as defined in the Disaster Relief Act of 1974, 38 U.S.C. § 3720 and 42 U.S.C. § 5121 et seq.;

(10) "Individual assistance" means funds and programs to provide for the immediate needs, including, but not limited to, food, clothing, and shelter for individuals and families;

(11) (A) "Interjurisdictional agreement" means a mutual agreement between two (2) or more established local offices of emergency management that is approved by executive order of the Governor in accordance with this chapter to merge, integrate, or otherwise combine the functions of the respective established local offices of emergency management for more effective, economical, and efficient use of available personnel and resources. (B) An interjurisdictional agreement shall include specific provisions addressing the appointment, funding, administration, and operational control of the emergency management coordinator and staff of the interjurisdictional office of emergency management;

(A) "Interjurisdictional agreement" means a mutual agreement between two (2) or more established local offices of emergency management that is approved by executive order of the Governor in accordance with this chapter to merge, integrate, or otherwise combine the functions of the respective established local offices of emergency management for more effective, economical, and efficient use of available personnel and resources.

(B) An interjurisdictional agreement shall include specific provisions addressing the appointment, funding, administration, and operational control of the emergency management coordinator and staff of the interjurisdictional office of emergency management;

(12) "Interjurisdictional office of emergency management" means an office of emergency management formed by two (2) or more local offices of emergency management under an interjurisdictional agreement;

(13) "Local office of emergency management" means a county or municipal office of emergency management created and established in accordance with the provisions of this chapter to perform local emergency management functions within the existing political subdivisions of the state;

(14) "Major emergency" means a condition which requires the activation of emergency response at the state or local levels, either in anticipation of a severe disaster such as an imminent enemy attack, potential civil disturbance, forecast major natural or human-caused disaster, or actual onset of conditions requiring the use of such forces which exceed the day-to-day response and activities of such forces and requires the coordinating of a complement of local, state, federal, or volunteer organizations;

(15) (A) (i) "Operational control" means the assigning of missions and the exercising of immediate command and overall management of all resources committed by state or local government to a disaster operation or major emergency. (ii) Unless otherwise delegated by executive order, the chief executive of the state or local governments, the director, or head of the local office of emergency management as the chief executive's direct representative will exercise operational control of the occurrence and assign missions. (B) Each agency, department, or organization will exercise control and authority over its personnel and resources to accomplish the assigned mission. (C) (i) Each agency, department, or organization will coordinate activities through the Arkansas Department of Emergency Management or local office of emergency management exercising operational control of the occurrence. (ii) Operational control does not imply, nor is it intended to include, administrative management, which will remain with the parent organization;

(A) (i) "Operational control" means the assigning of missions and the exercising of immediate command and overall management of all resources committed by state or local government to a disaster operation or major emergency. (ii) Unless otherwise delegated by executive order, the chief executive of the state or local governments, the director, or head of the local office of emergency management as the chief executive's direct representative will exercise operational control of the occurrence and assign missions.

(i) "Operational control" means the assigning of missions and the exercising of immediate command and overall management of all resources committed by state or local government to a disaster operation or major emergency.

(ii) Unless otherwise delegated by executive order, the chief executive of the state or local governments, the director, or head of the local office of emergency management as the chief executive's direct representative will exercise operational control of the occurrence and assign missions.

(B) Each agency, department, or organization will exercise control and authority over its personnel and resources to accomplish the assigned mission.

(C) (i) Each agency, department, or organization will coordinate activities through the Arkansas Department of Emergency Management or local office of emergency management exercising operational control of the occurrence. (ii) Operational control does not imply, nor is it intended to include, administrative management, which will remain with the parent organization;

(i) Each agency, department, or organization will coordinate activities through the Arkansas Department of Emergency Management or local office of emergency management exercising operational control of the occurrence.

(ii) Operational control does not imply, nor is it intended to include, administrative management, which will remain with the parent organization;

(16) "Participating emergency jurisdiction" means an emergency jurisdiction participating in the statewide mutual aid system established in § 12-75-119 ;

(17) "Political subdivision" means all duly formed and constituted governing bodies created and established under the authority of the Arkansas Constitution and laws of this state;

(18) "Public assistance" means funds and programs to make emergency repairs or restoration of public facilities, to include, but not be limited to, publicly owned or maintained facilities such as roads, streets, bridges, utilities, schools, and other structures and facilities;

(19) (A) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides firefighting and rescue, natural or human-caused disaster or major emergency response, law enforcement, and ambulance or emergency medical services. (B) State offices of emergency management and local offices of emergency management are considered in the context and definition of public safety agencies for performance or coordination of functions defined as emergency management to the extent necessary for mitigation of, planning for, response to, and recovery from disasters or major emergencies;

(A) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides firefighting and rescue, natural or human-caused disaster or major emergency response, law enforcement, and ambulance or emergency medical services.

(B) State offices of emergency management and local offices of emergency management are considered in the context and definition of public safety agencies for performance or coordination of functions defined as emergency management to the extent necessary for mitigation of, planning for, response to, and recovery from disasters or major emergencies;

(20) "Public safety officer" means those positions of state offices of emergency management and local offices of emergency management approved by the director in state and local staffing patterns and authorized by him or her to perform or coordinate emergency management functions to the extent necessary for mitigation of, planning for, response to, recovery from, or prevention of disasters or major emergencies within limitations of this chapter;

(21) "Response assistance" means funds to defray the costs of response to an emergency that does not necessarily result in a disaster of the magnitude and scope described in this section, but which requires the deployment and utilization of state and local government and private emergency personnel, equipment, and resources to protect and preserve lives and property and for the welfare of the citizens of Arkansas; and

(22) "Utility services" means the transmission of communications or the transmission, distribution, or delivery of electricity, water, or natural gas for public use.

Acts 1973, No. 511, § 3; 1985, No. 629, § 1; 1985, No. 687, § 2; 1985, No. 978, § 2; A.S.A. 1947, § 11-1936; Acts 1993, No. 1049, §§ 1, 2; 1995, No. 116, § 1; 1999, No. 646, §§ 7-11; 1999, No. 913, § 1; 2005, No. 1179, § 1; 2007, No. 197, § 2; 2009, No. 165, §§ 20-27.
Ark. Code Ann. § 12-12-1710 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1710
Investigation by Department of Human Services
Status: in_force

(a) The Department of Human Services shall have jurisdiction to investigate all cases of suspected maltreatment of an endangered person or an impaired person. (b) (1) The Adult Protective Services Unit of the Department of Human Services shall investigate: (A) All cases of suspected adult maltreatment if the act or omission occurs in a place other than a long-term care facility; and (B) All cases of suspected adult maltreatment of an adult endangered person or an adult impaired person if a family member of the adult endangered person or adult impaired person is named as the suspected offender, regardless of whether or not the adult endangered person or adult impaired person is a long-term care facility resident. (2) The department shall investigate all cases of suspected maltreatment of a long-term care facility resident. (3) If requested by the department, a law enforcement agency possessing jurisdiction shall assist in the investigation of any case of suspected adult maltreatment or long-term care facility resident maltreatment, including accompanying the department's investigator if the department has a reasonable belief that the investigator's safety could be compromised. Amended by Act 2019, No. 967,§ 1, eff. 4/12/2019. Amended by Act 2013, No. 584,§ 4, eff. 8/16/2013. Acts 2005, No. 1812, § 1.

(a) The Department of Human Services shall have jurisdiction to investigate all cases of suspected maltreatment of an endangered person or an impaired person.

(b) (1) The Adult Protective Services Unit of the Department of Human Services shall investigate: (A) All cases of suspected adult maltreatment if the act or omission occurs in a place other than a long-term care facility; and (B) All cases of suspected adult maltreatment of an adult endangered person or an adult impaired person if a family member of the adult endangered person or adult impaired person is named as the suspected offender, regardless of whether or not the adult endangered person or adult impaired person is a long-term care facility resident. (2) The department shall investigate all cases of suspected maltreatment of a long-term care facility resident. (3) If requested by the department, a law enforcement agency possessing jurisdiction shall assist in the investigation of any case of suspected adult maltreatment or long-term care facility resident maltreatment, including accompanying the department's investigator if the department has a reasonable belief that the investigator's safety could be compromised.

(1) The Adult Protective Services Unit of the Department of Human Services shall investigate: (A) All cases of suspected adult maltreatment if the act or omission occurs in a place other than a long-term care facility; and (B) All cases of suspected adult maltreatment of an adult endangered person or an adult impaired person if a family member of the adult endangered person or adult impaired person is named as the suspected offender, regardless of whether or not the adult endangered person or adult impaired person is a long-term care facility resident.

(A) All cases of suspected adult maltreatment if the act or omission occurs in a place other than a long-term care facility; and

(B) All cases of suspected adult maltreatment of an adult endangered person or an adult impaired person if a family member of the adult endangered person or adult impaired person is named as the suspected offender, regardless of whether or not the adult endangered person or adult impaired person is a long-term care facility resident.

(2) The department shall investigate all cases of suspected maltreatment of a long-term care facility resident.

(3) If requested by the department, a law enforcement agency possessing jurisdiction shall assist in the investigation of any case of suspected adult maltreatment or long-term care facility resident maltreatment, including accompanying the department's investigator if the department has a reasonable belief that the investigator's safety could be compromised.

Amended by Act 2019, No. 967,§ 1, eff. 4/12/2019.

Amended by Act 2013, No. 584,§ 4, eff. 8/16/2013.

Acts 2005, No. 1812, § 1.
Ark. Code Ann. § 12-29-802 — AR Code / Title 12 / Chapter 29 / Subchapter 8 / Section 12-29-802
Family considerations in inmate placement and visitation
Status: in_force

(a) (1) To the greatest extent possible, after accounting for security and capacity factors, the Department of Corrections shall place an inmate who is a parent of one (1) or more minor children within two hundred fifty (250) miles of the inmate's permanent address of record. (2) An inmate's parentage of a minor child shall be evidenced by birth certificate or court order. (b) The Secretary of the Department of Corrections shall adopt rules authorizing the visitation of an inmate who is a parent of one (1) or more minor children and who has a low or minimum-security classification with his or her minor children under the following minimum requirements: (1) Ensure opportunities for the minor children to attend in-person visitation with their incarcerated parent at least one (1) time per week unless the department has a reasonable belief that the visitation poses a risk to the safety of the minor child or the security and good order of the facility; (2) Eliminate any restrictions on the number of minor children that are permitted visitation privileges with an inmate; (3) Authorize contact visits for an inmate who is a parent of one (1) or more minor children unless the department has a reasonable belief that contact visitation poses a risk to the safety of the minor child or the security and good order of the facility; (4) Eliminate any restrictions on the number of days on which an inmate may conduct video visitation with a minor child unless restrictions are necessary to maintain the security and good order of the facility; and (5) Require restrictions on an inmate's visitation with his or her minor children as a disciplinary measure to be subject to a higher level of review than restrictions on visitation with other individuals. Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.

(a) (1) To the greatest extent possible, after accounting for security and capacity factors, the Department of Corrections shall place an inmate who is a parent of one (1) or more minor children within two hundred fifty (250) miles of the inmate's permanent address of record. (2) An inmate's parentage of a minor child shall be evidenced by birth certificate or court order.

(1) To the greatest extent possible, after accounting for security and capacity factors, the Department of Corrections shall place an inmate who is a parent of one (1) or more minor children within two hundred fifty (250) miles of the inmate's permanent address of record.

(2) An inmate's parentage of a minor child shall be evidenced by birth certificate or court order.

(b) The Secretary of the Department of Corrections shall adopt rules authorizing the visitation of an inmate who is a parent of one (1) or more minor children and who has a low or minimum-security classification with his or her minor children under the following minimum requirements: (1) Ensure opportunities for the minor children to attend in-person visitation with their incarcerated parent at least one (1) time per week unless the department has a reasonable belief that the visitation poses a risk to the safety of the minor child or the security and good order of the facility; (2) Eliminate any restrictions on the number of minor children that are permitted visitation privileges with an inmate; (3) Authorize contact visits for an inmate who is a parent of one (1) or more minor children unless the department has a reasonable belief that contact visitation poses a risk to the safety of the minor child or the security and good order of the facility; (4) Eliminate any restrictions on the number of days on which an inmate may conduct video visitation with a minor child unless restrictions are necessary to maintain the security and good order of the facility; and (5) Require restrictions on an inmate's visitation with his or her minor children as a disciplinary measure to be subject to a higher level of review than restrictions on visitation with other individuals.

(1) Ensure opportunities for the minor children to attend in-person visitation with their incarcerated parent at least one (1) time per week unless the department has a reasonable belief that the visitation poses a risk to the safety of the minor child or the security and good order of the facility;

(2) Eliminate any restrictions on the number of minor children that are permitted visitation privileges with an inmate;

(3) Authorize contact visits for an inmate who is a parent of one (1) or more minor children unless the department has a reasonable belief that contact visitation poses a risk to the safety of the minor child or the security and good order of the facility;

(4) Eliminate any restrictions on the number of days on which an inmate may conduct video visitation with a minor child unless restrictions are necessary to maintain the security and good order of the facility; and

(5) Require restrictions on an inmate's visitation with his or her minor children as a disciplinary measure to be subject to a higher level of review than restrictions on visitation with other individuals.

Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.
Ark. Code Ann. § 12-64-816 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-816
Insubordinate conduct towards any noncommissioned officer
Status: in_force

Any enlisted member shall be punished as a court-martial may direct if he or she: (1) Strikes or assaults a noncommissioned officer while that noncommissioned officer is in the execution of his or her office; (2) Willfully disobeys the lawful order of a noncommissioned officer; or (3) Treats with contempt or is disrespectful in language or deportment towards a noncommissioned officer while that noncommissioned officer is in the execution of his or her office. Acts 1969, No. 50, § 134; A.S.A. 1947, § 11-716.

Any enlisted member shall be punished as a court-martial may direct if he or she:

(1) Strikes or assaults a noncommissioned officer while that noncommissioned officer is in the execution of his or her office;

(2) Willfully disobeys the lawful order of a noncommissioned officer; or

(3) Treats with contempt or is disrespectful in language or deportment towards a noncommissioned officer while that noncommissioned officer is in the execution of his or her office.

Acts 1969, No. 50, § 134; A.S.A. 1947, § 11-716.
Ark. Code Ann. § 12-9-210 — AR Code / Title 12 / Chapter 9 / Subchapter 2 / Section 12-9-210
Designated law enforcement agencies
Status: in_force

The Division of Law Enforcement Standards and Training and the Black River Technical College Law Enforcement Training Academy are designated as law enforcement agencies. Amended by Act 2019, No. 910,§ 5826, eff. 7/1/2019. Amended by Act 2017, No. 497,§ 15, eff. 8/1/2017. Acts 2011, No. 272, § 1.

The Division of Law Enforcement Standards and Training and the Black River Technical College Law Enforcement Training Academy are designated as law enforcement agencies.

Amended by Act 2019, No. 910,§ 5826, eff. 7/1/2019.

Amended by Act 2017, No. 497,§ 15, eff. 8/1/2017.

Acts 2011, No. 272, § 1.
Ark. Code Ann. § 12-8-203 — AR Code / Title 12 / Chapter 8 / Subchapter 2 / Section 12-8-203
Probationary period
Status: in_force

(a) (1) Each person who is selected as a police officer of the Division of Arkansas State Police shall be a probationer for a period of eighteen (18) months from his or her date of hire. (2) A probationer may be discharged by the Director of the Division of Arkansas State Police with the approval of the Arkansas State Police Commission with or without cause. (b) The probationary period shall not apply to a person who has already served a probationary period. Amended by Act 2019, No. 910,§ 5785, eff. 7/1/2019. Acts 1945, No. 231, § 6; 1981, No. 700, § 1; A.S.A. 1947, § 42-406; Acts 2001, No. 1697, § 11; 2003, No. 1041, § 1; 2005, No. 667, § 1; 2011, No. 14, § 1.

(a) (1) Each person who is selected as a police officer of the Division of Arkansas State Police shall be a probationer for a period of eighteen (18) months from his or her date of hire. (2) A probationer may be discharged by the Director of the Division of Arkansas State Police with the approval of the Arkansas State Police Commission with or without cause.

(1) Each person who is selected as a police officer of the Division of Arkansas State Police shall be a probationer for a period of eighteen (18) months from his or her date of hire.

(2) A probationer may be discharged by the Director of the Division of Arkansas State Police with the approval of the Arkansas State Police Commission with or without cause.

(b) The probationary period shall not apply to a person who has already served a probationary period.

Amended by Act 2019, No. 910,§ 5785, eff. 7/1/2019.

Acts 1945, No. 231, § 6; 1981, No. 700, § 1; A.S.A. 1947, § 42-406; Acts 2001, No. 1697, § 11; 2003, No. 1041, § 1; 2005, No. 667, § 1; 2011, No. 14, § 1.
Ark. Code Ann. § 12-20-201 — AR Code / Title 12 / Chapter 20 / Subchapter 2 / Section 12-20-201
Appointment and removal of private school or private college or university law enforcement officers
Status: in_force

(a) An executive head of a private school or private college or university may appoint one (1) or more of the employees of the private school or private college or university as a private school or private college or university law enforcement officer for the private school or private college or university, who shall exercise law enforcement officer authority under the laws of this state. (b) A private school or private college or university law enforcement officer shall: (1) Have all the powers, duties, and obligations provided under the law for municipal police departments and county sheriffs, to be exercised as required for the protection of the private school or private college or university, together with any other duties that may be assigned by the employing private school or private college or university; and (2) Meet the requirements for certification set out by the Arkansas Commission on Law Enforcement Standards and Training in addition to any private school or private college or university requirements. (c) (1) The jurisdictional powers or responsibilities of a county sheriff or municipal police department over the property of a private school or private college or university or a person on the property of a private school or private college or university are not ceded to a private school or private college or university law enforcement officer. (2) The appointment or designation of private school or private college or university law enforcement officers does not supersede the authority of the Division of Arkansas State Police, a county sheriff, or a municipal police department of the jurisdiction within which the property of the private school or private college or university, or portions of it, is located. (d) (1) A private school or private college or university law enforcement officer shall be identified by a shield or badge bearing the name of the private school or private college or university. (2) The private school or private college or university shall issue an identification card bearing the photograph of the private school or private college or university law enforcement officer who shall carry it on his or her person at all times when on duty and display it upon request. (e) (1) A private school or private college or university law enforcement officer's authorization to have and to exercise the powers provided by law for law enforcement officers shall be further evidenced by a letter of appointment issued under the seal of the private school or private college or university. (2) The executive head of the private school or private college or university shall maintain a file containing each private school or private college or university law enforcement officer's letter of appointment and all other certificates and information consistent with the rules of the commission. (3) (A) The executive head of the private school or private college or university or the division may revoke in writing the appointment to serve as a private school or private college or university law enforcement officer for the private school or private college or university. (B) Upon revocation as described in subdivision (e)(3)(A) of this section, the person shall not possess or exercise the authority of a private school or private college or university law enforcement officer. (C) A copy of all revocations shall be placed into the file described in subdivision (e)(2) of this section. (D) A private school or private college or university employing a private school or private college or university law enforcement officer shall notify the commission of any change in the private school or private college or university law enforcement officer's status within three (3) days. (f) A private school or private college or university law enforcement officer shall not be reimbursed with state funds for any training he or she receives or be eligible to participate in any state or municipal retirement system. Amended by Act 2021, No. 535,§ 4, eff. 7/28/2021. Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.

(a) An executive head of a private school or private college or university may appoint one (1) or more of the employees of the private school or private college or university as a private school or private college or university law enforcement officer for the private school or private college or university, who shall exercise law enforcement officer authority under the laws of this state.

(b) A private school or private college or university law enforcement officer shall: (1) Have all the powers, duties, and obligations provided under the law for municipal police departments and county sheriffs, to be exercised as required for the protection of the private school or private college or university, together with any other duties that may be assigned by the employing private school or private college or university; and (2) Meet the requirements for certification set out by the Arkansas Commission on Law Enforcement Standards and Training in addition to any private school or private college or university requirements.

(1) Have all the powers, duties, and obligations provided under the law for municipal police departments and county sheriffs, to be exercised as required for the protection of the private school or private college or university, together with any other duties that may be assigned by the employing private school or private college or university; and

(2) Meet the requirements for certification set out by the Arkansas Commission on Law Enforcement Standards and Training in addition to any private school or private college or university requirements.

(c) (1) The jurisdictional powers or responsibilities of a county sheriff or municipal police department over the property of a private school or private college or university or a person on the property of a private school or private college or university are not ceded to a private school or private college or university law enforcement officer. (2) The appointment or designation of private school or private college or university law enforcement officers does not supersede the authority of the Division of Arkansas State Police, a county sheriff, or a municipal police department of the jurisdiction within which the property of the private school or private college or university, or portions of it, is located.

(1) The jurisdictional powers or responsibilities of a county sheriff or municipal police department over the property of a private school or private college or university or a person on the property of a private school or private college or university are not ceded to a private school or private college or university law enforcement officer.

(2) The appointment or designation of private school or private college or university law enforcement officers does not supersede the authority of the Division of Arkansas State Police, a county sheriff, or a municipal police department of the jurisdiction within which the property of the private school or private college or university, or portions of it, is located.

(d) (1) A private school or private college or university law enforcement officer shall be identified by a shield or badge bearing the name of the private school or private college or university. (2) The private school or private college or university shall issue an identification card bearing the photograph of the private school or private college or university law enforcement officer who shall carry it on his or her person at all times when on duty and display it upon request.

(1) A private school or private college or university law enforcement officer shall be identified by a shield or badge bearing the name of the private school or private college or university.

(2) The private school or private college or university shall issue an identification card bearing the photograph of the private school or private college or university law enforcement officer who shall carry it on his or her person at all times when on duty and display it upon request.

(e) (1) A private school or private college or university law enforcement officer's authorization to have and to exercise the powers provided by law for law enforcement officers shall be further evidenced by a letter of appointment issued under the seal of the private school or private college or university. (2) The executive head of the private school or private college or university shall maintain a file containing each private school or private college or university law enforcement officer's letter of appointment and all other certificates and information consistent with the rules of the commission. (3) (A) The executive head of the private school or private college or university or the division may revoke in writing the appointment to serve as a private school or private college or university law enforcement officer for the private school or private college or university. (B) Upon revocation as described in subdivision (e)(3)(A) of this section, the person shall not possess or exercise the authority of a private school or private college or university law enforcement officer. (C) A copy of all revocations shall be placed into the file described in subdivision (e)(2) of this section. (D) A private school or private college or university employing a private school or private college or university law enforcement officer shall notify the commission of any change in the private school or private college or university law enforcement officer's status within three (3) days.

(1) A private school or private college or university law enforcement officer's authorization to have and to exercise the powers provided by law for law enforcement officers shall be further evidenced by a letter of appointment issued under the seal of the private school or private college or university.

(2) The executive head of the private school or private college or university shall maintain a file containing each private school or private college or university law enforcement officer's letter of appointment and all other certificates and information consistent with the rules of the commission.

(3) (A) The executive head of the private school or private college or university or the division may revoke in writing the appointment to serve as a private school or private college or university law enforcement officer for the private school or private college or university. (B) Upon revocation as described in subdivision (e)(3)(A) of this section, the person shall not possess or exercise the authority of a private school or private college or university law enforcement officer. (C) A copy of all revocations shall be placed into the file described in subdivision (e)(2) of this section. (D) A private school or private college or university employing a private school or private college or university law enforcement officer shall notify the commission of any change in the private school or private college or university law enforcement officer's status within three (3) days.

(A) The executive head of the private school or private college or university or the division may revoke in writing the appointment to serve as a private school or private college or university law enforcement officer for the private school or private college or university.

(B) Upon revocation as described in subdivision (e)(3)(A) of this section, the person shall not possess or exercise the authority of a private school or private college or university law enforcement officer.

(C) A copy of all revocations shall be placed into the file described in subdivision (e)(2) of this section.

(D) A private school or private college or university employing a private school or private college or university law enforcement officer shall notify the commission of any change in the private school or private college or university law enforcement officer's status within three (3) days.

(f) A private school or private college or university law enforcement officer shall not be reimbursed with state funds for any training he or she receives or be eligible to participate in any state or municipal retirement system.

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

Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.