Ark. Code Ann. § 12-18-620 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-620
Release of information on pending investigation
Status: in_force

(a) Information on a pending investigation under this chapter is confidential and may be disclosed only as provided in this chapter. (b) (1) The Department of Human Services shall not release data that would identify a person who made a report under this chapter unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement. (c) (1) Any person or agency to whom disclosure is made shall not disclose to any other person any information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the department. (d) The department may provide information, including protected health information, to a person or agency that provides services such as medical examination of, an assessment interview with, or diagnosis of, care for, treatment of, or supervision of a victim of child maltreatment, a juvenile offender, or an underaged juvenile offender. (e) Information on a pending investigation, including protected health information, shall be released upon request to: (1) The department, excluding pending investigations on an employee or spouse of the Division of Children and Family Services; (2) Law enforcement; (3) The prosecuting attorney; (4) The responsible multidisciplinary team; (5) The attorney ad litem of the alleged victim or offender; (6) A court-appointed special advocate volunteer for the alleged victim or offender; (7) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; (8) Any department division director or facility director receiving notice of a Child Abuse Hotline report pursuant to this chapter; (9) Any facility director receiving notice of a Child Abuse Hotline report pursuant to this chapter; (10) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ; (11) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body; (12) The attorney ad litem and court-appointed special advocate of a juvenile who has an open dependency-neglect case, if the alleged offender or the minor victim resides in the home or in the proposed placement location for the juvenile that is not a licensed foster home, adoptive home, shelter, or facility; and (13) A Child Welfare Ombudsman. (f) Information on a pending investigation, including protected health information, may be released to or disclosed in a circuit court child custody case or similar case if: (1) No seventy-two-hour hold has been exercised under this chapter or pleadings filed pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (2) Written notice of intent to request release or disclosure is provided to the investigating agency at least five (5) days before the date for release or disclosure; (3) The investigating agency has the opportunity to appear before the court and be heard on the issue of release or disclosure; (4) The information gathered by the investigative agency is necessary for the determination of an issue before the court; (5) Waiting until completion of the investigation will jeopardize the health or safety of the child in the custody case; (6) A protective order is issued to prevent redisclosure of the information provided by the investigating agency or the information is released or disclosed only to the court in camera; and (7) Release or disclosure of the information will not compromise a criminal investigation. (g) Information on a pending investigation, including protected health information, may be released to or disclosed in the circuit court if the victim or alleged offender has an open dependency-neglect or family in need of services case before the circuit court. Amended by Act 2021, No. 472,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 590,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 945,§ 6, eff. 7/1/2019. Amended by Act 2017, No. 803,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 713,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 528,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 250,§ 14, eff. 8/1/2017. Amended by Act 2015, No. 1026,§ 8, eff. 7/22/2015. Acts 2009, No. 749, § 1; 2011, No. 1143, § 13.

(a) Information on a pending investigation under this chapter is confidential and may be disclosed only as provided in this chapter.

(b) (1) The Department of Human Services shall not release data that would identify a person who made a report under this chapter unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement.

(1) The Department of Human Services shall not release data that would identify a person who made a report under this chapter unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report.

(2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement.

(c) (1) Any person or agency to whom disclosure is made shall not disclose to any other person any information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the department.

(1) Any person or agency to whom disclosure is made shall not disclose to any other person any information obtained pursuant to this section.

(2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the department.

(d) The department may provide information, including protected health information, to a person or agency that provides services such as medical examination of, an assessment interview with, or diagnosis of, care for, treatment of, or supervision of a victim of child maltreatment, a juvenile offender, or an underaged juvenile offender.

(e) Information on a pending investigation, including protected health information, shall be released upon request to: (1) The department, excluding pending investigations on an employee or spouse of the Division of Children and Family Services; (2) Law enforcement; (3) The prosecuting attorney; (4) The responsible multidisciplinary team; (5) The attorney ad litem of the alleged victim or offender; (6) A court-appointed special advocate volunteer for the alleged victim or offender; (7) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; (8) Any department division director or facility director receiving notice of a Child Abuse Hotline report pursuant to this chapter; (9) Any facility director receiving notice of a Child Abuse Hotline report pursuant to this chapter; (10) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ; (11) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body; (12) The attorney ad litem and court-appointed special advocate of a juvenile who has an open dependency-neglect case, if the alleged offender or the minor victim resides in the home or in the proposed placement location for the juvenile that is not a licensed foster home, adoptive home, shelter, or facility; and (13) A Child Welfare Ombudsman.

(1) The department, excluding pending investigations on an employee or spouse of the Division of Children and Family Services;

(2) Law enforcement;

(3) The prosecuting attorney;

(4) The responsible multidisciplinary team;

(5) The attorney ad litem of the alleged victim or offender;

(6) A court-appointed special advocate volunteer for the alleged victim or offender;

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

(8) Any department division director or facility director receiving notice of a Child Abuse Hotline report pursuant to this chapter;

(9) Any facility director receiving notice of a Child Abuse Hotline report pursuant to this chapter;

(10) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ;

(11) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body;

(A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment.

(B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment.

(C) However, disclosure shall not be made to any committee or legislative body;

(12) The attorney ad litem and court-appointed special advocate of a juvenile who has an open dependency-neglect case, if the alleged offender or the minor victim resides in the home or in the proposed placement location for the juvenile that is not a licensed foster home, adoptive home, shelter, or facility; and

(13) A Child Welfare Ombudsman.

(f) Information on a pending investigation, including protected health information, may be released to or disclosed in a circuit court child custody case or similar case if: (1) No seventy-two-hour hold has been exercised under this chapter or pleadings filed pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (2) Written notice of intent to request release or disclosure is provided to the investigating agency at least five (5) days before the date for release or disclosure; (3) The investigating agency has the opportunity to appear before the court and be heard on the issue of release or disclosure; (4) The information gathered by the investigative agency is necessary for the determination of an issue before the court; (5) Waiting until completion of the investigation will jeopardize the health or safety of the child in the custody case; (6) A protective order is issued to prevent redisclosure of the information provided by the investigating agency or the information is released or disclosed only to the court in camera; and (7) Release or disclosure of the information will not compromise a criminal investigation.

(1) No seventy-two-hour hold has been exercised under this chapter or pleadings filed pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.;

(2) Written notice of intent to request release or disclosure is provided to the investigating agency at least five (5) days before the date for release or disclosure;

(3) The investigating agency has the opportunity to appear before the court and be heard on the issue of release or disclosure;

(4) The information gathered by the investigative agency is necessary for the determination of an issue before the court;

(5) Waiting until completion of the investigation will jeopardize the health or safety of the child in the custody case;

(6) A protective order is issued to prevent redisclosure of the information provided by the investigating agency or the information is released or disclosed only to the court in camera; and

(7) Release or disclosure of the information will not compromise a criminal investigation.

(g) Information on a pending investigation, including protected health information, may be released to or disclosed in the circuit court if the victim or alleged offender has an open dependency-neglect or family in need of services case before the circuit court.

Amended by Act 2021, No. 472,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 590,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 945,§ 6, eff. 7/1/2019.

Amended by Act 2017, No. 803,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 713,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 528,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 250,§ 14, eff. 8/1/2017.

Amended by Act 2015, No. 1026,§ 8, eff. 7/22/2015.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 13.
Ark. Code Ann. § 12-62-805 — AR Code / Title 12 / Chapter 62 / Subchapter 8 / Section 12-62-805
Rights stated - Cause of action created
Status: in_force

(a) (1) The right of an otherwise qualified person to be free from discrimination because of military service is recognized as and declared to be a civil right. (2) This right shall include, but not be limited to: (A) The right to obtain and hold employment without discrimination; (B) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement; (C) The right to engage in property transactions without discrimination; (D) The right to engage in credit and other contractual transactions without discrimination; and (E) The right to vote and participate fully in the political process. (b) A person who is injured by an intentional act of discrimination in violation of subsection (a) of this section may bring a civil action in a circuit court of competent jurisdiction. (c) (1) An employee who is discriminated against by an employer in violation of subdivision (a)(2)(A) of this section may bring a civil action in a circuit court of competent jurisdiction. (2) The employee may seek back pay and interest on back pay in addition to the other remedies provided for under this section. (d) (1) Subject to the limitations on damages in subdivision (d)(2) of this section, a person may seek the following relief for a violation of a civil right under this subchapter: (A) An order prohibiting the discriminatory practice; (B) Affirmative relief from the effects of the practice, including, but not limited to, reemployment; (C) An injunction to enjoin further violations; (D) An order to recover compensatory and punitive damages; and (E) An order to recover the cost of litigation and a reasonable attorney's fee, in the discretion of the court. (2) The total compensatory and punitive damages awarded under this section shall not exceed: (A) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs no fewer than five (5) but fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; (B) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) but fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; (C) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) but fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; (D) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) but fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; and (E) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose. Acts 2005, No. 920, § 1.

(a) (1) The right of an otherwise qualified person to be free from discrimination because of military service is recognized as and declared to be a civil right. (2) This right shall include, but not be limited to: (A) The right to obtain and hold employment without discrimination; (B) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement; (C) The right to engage in property transactions without discrimination; (D) The right to engage in credit and other contractual transactions without discrimination; and (E) The right to vote and participate fully in the political process.

(1) The right of an otherwise qualified person to be free from discrimination because of military service is recognized as and declared to be a civil right.

(2) This right shall include, but not be limited to: (A) The right to obtain and hold employment without discrimination; (B) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement; (C) The right to engage in property transactions without discrimination; (D) The right to engage in credit and other contractual transactions without discrimination; and (E) The right to vote and participate fully in the political process.

(A) The right to obtain and hold employment without discrimination;

(B) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;

(C) The right to engage in property transactions without discrimination;

(D) The right to engage in credit and other contractual transactions without discrimination; and

(E) The right to vote and participate fully in the political process.

(b) A person who is injured by an intentional act of discrimination in violation of subsection (a) of this section may bring a civil action in a circuit court of competent jurisdiction.

(c) (1) An employee who is discriminated against by an employer in violation of subdivision (a)(2)(A) of this section may bring a civil action in a circuit court of competent jurisdiction. (2) The employee may seek back pay and interest on back pay in addition to the other remedies provided for under this section.

(1) An employee who is discriminated against by an employer in violation of subdivision (a)(2)(A) of this section may bring a civil action in a circuit court of competent jurisdiction.

(2) The employee may seek back pay and interest on back pay in addition to the other remedies provided for under this section.

(d) (1) Subject to the limitations on damages in subdivision (d)(2) of this section, a person may seek the following relief for a violation of a civil right under this subchapter: (A) An order prohibiting the discriminatory practice; (B) Affirmative relief from the effects of the practice, including, but not limited to, reemployment; (C) An injunction to enjoin further violations; (D) An order to recover compensatory and punitive damages; and (E) An order to recover the cost of litigation and a reasonable attorney's fee, in the discretion of the court. (2) The total compensatory and punitive damages awarded under this section shall not exceed: (A) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs no fewer than five (5) but fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; (B) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) but fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; (C) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) but fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; (D) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) but fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; and (E) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose.

(1) Subject to the limitations on damages in subdivision (d)(2) of this section, a person may seek the following relief for a violation of a civil right under this subchapter: (A) An order prohibiting the discriminatory practice; (B) Affirmative relief from the effects of the practice, including, but not limited to, reemployment; (C) An injunction to enjoin further violations; (D) An order to recover compensatory and punitive damages; and (E) An order to recover the cost of litigation and a reasonable attorney's fee, in the discretion of the court.

(A) An order prohibiting the discriminatory practice;

(B) Affirmative relief from the effects of the practice, including, but not limited to, reemployment;

(C) An injunction to enjoin further violations;

(D) An order to recover compensatory and punitive damages; and

(E) An order to recover the cost of litigation and a reasonable attorney's fee, in the discretion of the court.

(2) The total compensatory and punitive damages awarded under this section shall not exceed: (A) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs no fewer than five (5) but fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; (B) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) but fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; (C) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) but fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; (D) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) but fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; and (E) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose.

(A) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs no fewer than five (5) but fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose;

(B) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) but fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose;

(C) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) but fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose;

(D) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) but fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; and

(E) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose.

Acts 2005, No. 920, § 1.
Ark. Code Ann. § 12-63-407 — AR Code / Title 12 / Chapter 63 / Subchapter 4 / Section 12-63-407
Military-type canteens and exchanges - Camp Robinson and Fort Chaffee
Status: in_force

(a) The General Assembly finds that the Adjutant General is subject to conflicting laws of the State of Arkansas and regulations of the United States Department of the Army and the National Guard Bureau, requiring the Adjutant General to reconcile conflicting laws and regulations. (b) The purpose of this section is to eliminate duplicated and conflicting laws, reconcile state law to United States Department of the Army, United States Department of the Air Force, and National Guard Bureau regulations, and to reduce operating expenses of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges. (c) The Adjutant General may operate the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges in accordance with the regulations of the United States Department of the Army, United States Department of the Air Force, and the National Guard Bureau governing morale, welfare, and recreation fund activities as he or she may determine to be applicable. (d) (1) Nothing in this section shall be construed to eliminate the restrictions on the types of goods or services the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges may offer for sale, trade, exchange, market, or vend. (2) This section shall not be construed to expand or broaden the authority of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges to sell goods and services to any person other than to: (A) Active, retired, and reserve members of the armed services; (B) Full-time employees of the Department of the Military and the United States Department of Defense; (C) Employees of contractors performing contracts or services on either the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center; or (D) Employees of other government agencies, students, and other tenants of either the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center. (e) (1) The Adjutant General shall cause an external annual audit of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges. (2) The audit shall be conducted by a certified public accountant. (f) The Adjutant General shall, within ten (10) days of receipt, submit a copy of the annual audits and any other audits of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges conducted in accordance with regulations of the United States Department of the Army, the United States Department of the Air Force, and the National Guard Bureau to Arkansas Legislative Audit. Amended by Act 2023, No. 454,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5538, eff. 7/1/2019. Acts 1991, No. 732, §§ 1-4, 6, 7; 1997, No. 1201, § 10.

(a) The General Assembly finds that the Adjutant General is subject to conflicting laws of the State of Arkansas and regulations of the United States Department of the Army and the National Guard Bureau, requiring the Adjutant General to reconcile conflicting laws and regulations.

(b) The purpose of this section is to eliminate duplicated and conflicting laws, reconcile state law to United States Department of the Army, United States Department of the Air Force, and National Guard Bureau regulations, and to reduce operating expenses of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges.

(c) The Adjutant General may operate the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges in accordance with the regulations of the United States Department of the Army, United States Department of the Air Force, and the National Guard Bureau governing morale, welfare, and recreation fund activities as he or she may determine to be applicable.

(d) (1) Nothing in this section shall be construed to eliminate the restrictions on the types of goods or services the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges may offer for sale, trade, exchange, market, or vend. (2) This section shall not be construed to expand or broaden the authority of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges to sell goods and services to any person other than to: (A) Active, retired, and reserve members of the armed services; (B) Full-time employees of the Department of the Military and the United States Department of Defense; (C) Employees of contractors performing contracts or services on either the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center; or (D) Employees of other government agencies, students, and other tenants of either the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center.

(1) Nothing in this section shall be construed to eliminate the restrictions on the types of goods or services the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges may offer for sale, trade, exchange, market, or vend.

(2) This section shall not be construed to expand or broaden the authority of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges to sell goods and services to any person other than to: (A) Active, retired, and reserve members of the armed services; (B) Full-time employees of the Department of the Military and the United States Department of Defense; (C) Employees of contractors performing contracts or services on either the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center; or (D) Employees of other government agencies, students, and other tenants of either the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center.

(A) Active, retired, and reserve members of the armed services;

(B) Full-time employees of the Department of the Military and the United States Department of Defense;

(C) Employees of contractors performing contracts or services on either the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center; or

(D) Employees of other government agencies, students, and other tenants of either the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center.

(e) (1) The Adjutant General shall cause an external annual audit of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges. (2) The audit shall be conducted by a certified public accountant.

(1) The Adjutant General shall cause an external annual audit of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges.

(2) The audit shall be conducted by a certified public accountant.

(f) The Adjutant General shall, within ten (10) days of receipt, submit a copy of the annual audits and any other audits of the Robinson Maneuver Training Center and the Fort Chaffee Joint Maneuver Training Center military-type canteens and exchanges conducted in accordance with regulations of the United States Department of the Army, the United States Department of the Air Force, and the National Guard Bureau to Arkansas Legislative Audit.

Amended by Act 2023, No. 454,§ 5, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5538, eff. 7/1/2019.

Acts 1991, No. 732, §§ 1-4, 6, 7; 1997, No. 1201, § 10.
Ark. Code Ann. § 12-62-403 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-403
Exemption from civil process
Status: in_force

No person belonging to the organized militia shall be served with any civil process while going to, remaining at, or returning from any place at which he or she may be required to attend for military duty. Acts 1969, No. 50, § 191; A.S.A. 1947, § 11-1002.

No person belonging to the organized militia shall be served with any civil process while going to, remaining at, or returning from any place at which he or she may be required to attend for military duty.

Acts 1969, No. 50, § 191; A.S.A. 1947, § 11-1002.
Ark. Code Ann. § 12-41-503 — AR Code / Title 12 / Chapter 41 / Subchapter 5 / Section 12-41-503
Management of local jail populations
Status: in_force

(a) County sheriffs and other keepers or administrators of jails within the State of Arkansas are responsible for managing the populations and operations of their respective facilities in compliance with the laws and the Arkansas Constitution and within the requirements of the United States Constitution. (b) Neither a county sheriff nor another keeper or administrator of a jail shall refuse to accept any prisoner lawfully arrested or committed within the jurisdiction of the supporting agency of the jail except as necessary to limit prisoner population in compliance with subsection (a) of this section. (c) (1) A county sheriff or his or her designee may determine if a convicted person sentenced to the county jail shall serve his or her sentence on electronic monitoring, on weekends, or by any other lawful alternative to continual detention in the county jail that rehabilitates the convicted person or benefits the county when this does not conflict with any court orders. (2) If a county sheriff or his or her designee determines that a convicted person sentenced to the county jail shall serve his or her sentence on electronic monitoring, on weekends, or by any other lawful alternative to continual detention in the county jail that rehabilitates the convicted person or benefits the county, an agreement shall be entered into between the county sheriff or his or her designee and the convicted person outlining the conditions of the sentence. (3) If the convicted person fails to follow the conditions of the agreement, the county sheriff or his or her designee may cancel the agreement and return the convicted person to the county jail by any lawful means necessary to serve the sentence. (d) When more than one (1) legal jurisdiction, that is, counties or municipalities, share a common jail, the participating jurisdictions may enter into agreements to share the operational costs of the jail. (e) When a shared jail is operated and a jurisdiction that is eligible to participate in the shared operation opts not to participate, then, in the event that the jurisdiction has prisoners committed to the shared jail, that jurisdiction may be required to pay fixed per diem charges, not to exceed actual costs, including capital costs, for each prisoner committed or housed in the jail. (f) An agreement with an agency or a jurisdiction not eligible for participation in a shared jail operation project may be made for the housing of prisoners provided the charges assessed do not exceed the actual costs, including capital costs. (g) Jails shall accept prisoners of the United States Government provided space and staffing are available and the delivering government agency agrees to pay a per diem charge not to exceed the actual costs, including capital costs. (h) Nothing in this section prohibits any jurisdiction from entering into a contractual agreement with a private organization for the operation of a jail facility. Acts 1997, No. 1097, § 1; 1999, No. 754, § 1; 2005, No. 423, § 1; 2007, No. 300, § 1; 2009, No. 165, § 14.

(a) County sheriffs and other keepers or administrators of jails within the State of Arkansas are responsible for managing the populations and operations of their respective facilities in compliance with the laws and the Arkansas Constitution and within the requirements of the United States Constitution.

(b) Neither a county sheriff nor another keeper or administrator of a jail shall refuse to accept any prisoner lawfully arrested or committed within the jurisdiction of the supporting agency of the jail except as necessary to limit prisoner population in compliance with subsection (a) of this section.

(c) (1) A county sheriff or his or her designee may determine if a convicted person sentenced to the county jail shall serve his or her sentence on electronic monitoring, on weekends, or by any other lawful alternative to continual detention in the county jail that rehabilitates the convicted person or benefits the county when this does not conflict with any court orders. (2) If a county sheriff or his or her designee determines that a convicted person sentenced to the county jail shall serve his or her sentence on electronic monitoring, on weekends, or by any other lawful alternative to continual detention in the county jail that rehabilitates the convicted person or benefits the county, an agreement shall be entered into between the county sheriff or his or her designee and the convicted person outlining the conditions of the sentence. (3) If the convicted person fails to follow the conditions of the agreement, the county sheriff or his or her designee may cancel the agreement and return the convicted person to the county jail by any lawful means necessary to serve the sentence.

(1) A county sheriff or his or her designee may determine if a convicted person sentenced to the county jail shall serve his or her sentence on electronic monitoring, on weekends, or by any other lawful alternative to continual detention in the county jail that rehabilitates the convicted person or benefits the county when this does not conflict with any court orders.

(2) If a county sheriff or his or her designee determines that a convicted person sentenced to the county jail shall serve his or her sentence on electronic monitoring, on weekends, or by any other lawful alternative to continual detention in the county jail that rehabilitates the convicted person or benefits the county, an agreement shall be entered into between the county sheriff or his or her designee and the convicted person outlining the conditions of the sentence.

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

(d) When more than one (1) legal jurisdiction, that is, counties or municipalities, share a common jail, the participating jurisdictions may enter into agreements to share the operational costs of the jail.

(e) When a shared jail is operated and a jurisdiction that is eligible to participate in the shared operation opts not to participate, then, in the event that the jurisdiction has prisoners committed to the shared jail, that jurisdiction may be required to pay fixed per diem charges, not to exceed actual costs, including capital costs, for each prisoner committed or housed in the jail.

(f) An agreement with an agency or a jurisdiction not eligible for participation in a shared jail operation project may be made for the housing of prisoners provided the charges assessed do not exceed the actual costs, including capital costs.

(g) Jails shall accept prisoners of the United States Government provided space and staffing are available and the delivering government agency agrees to pay a per diem charge not to exceed the actual costs, including capital costs.

(h) Nothing in this section prohibits any jurisdiction from entering into a contractual agreement with a private organization for the operation of a jail facility.

Acts 1997, No. 1097, § 1; 1999, No. 754, § 1; 2005, No. 423, § 1; 2007, No. 300, § 1; 2009, No. 165, § 14.
Ark. Code Ann. § 12-1-103 — AR Code / Title 12 / Chapter 1 / Section 12-1-103
Public Safety Equipment Grant Program
Status: in_force

(a) (1) There is created within the Department of Public Safety the Public Safety Equipment Grant Program to be administered by the Secretary of the Department of Public Safety. (2) The secretary may hire personnel necessary to carry out the duties of administering the program. (3) (A) The secretary shall establish a grant review committee to evaluate applications and to advise on the awarding of grants under the program. (B) The grant review committee shall consist of law enforcement officers and other interested persons as determined by the secretary. (b) (1) In consultation with the grant review committee, the secretary shall award grants under the program to law enforcement agencies, detention centers, and corrections agencies for equipment that aids in improving trust and relationships between law enforcement agencies, detention centers, and corrections agencies and the communities that they serve. (2) Grants may be made for equipment, training, or accreditation including without limitation: (A) Body cameras with auto-activation capabilities; (B) In-car cameras with auto-activation capabilities; (C) Cloud-based storage services; (D) On-premises server hardware and storage to accomodate on-premises installations; (E) Conducted electrical devices and related training programs; (F) Virtual reality training; (G) Agency accreditation programs; (H) Bulletproof vests; (I) Pepper spray; (J) Rubber bullets; and (K) Other equipment as deemed necessary by the secretary. (3) As a condition for receiving a grant under this section, the secretary may require a law enforcement agency, detention center, or corrections agency to provide matching funds at a percentage to be determined by the secretary. (4) As a part of the grant application process and in consultation with the grant review committee, the secretary may: (A) Design procedures and criteria for awarding grants under this section; (B) Receive and review applications for grants under this section; (C) Prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section; (D) Audit and inspect the records of grant recipients; and (E) Require reports from grant recipients. (c) On or before October 1 of each year, the secretary shall submit a report to the Governor and the cochairs of the Legislative Council providing an account of the activities and expenditures of the program during the preceding calendar year. Added by Act 2021, No. 786,§ 2, eff. 4/20/2021.

(a) (1) There is created within the Department of Public Safety the Public Safety Equipment Grant Program to be administered by the Secretary of the Department of Public Safety. (2) The secretary may hire personnel necessary to carry out the duties of administering the program. (3) (A) The secretary shall establish a grant review committee to evaluate applications and to advise on the awarding of grants under the program. (B) The grant review committee shall consist of law enforcement officers and other interested persons as determined by the secretary.

(1) There is created within the Department of Public Safety the Public Safety Equipment Grant Program to be administered by the Secretary of the Department of Public Safety.

(2) The secretary may hire personnel necessary to carry out the duties of administering the program.

(3) (A) The secretary shall establish a grant review committee to evaluate applications and to advise on the awarding of grants under the program. (B) The grant review committee shall consist of law enforcement officers and other interested persons as determined by the secretary.

(A) The secretary shall establish a grant review committee to evaluate applications and to advise on the awarding of grants under the program.

(B) The grant review committee shall consist of law enforcement officers and other interested persons as determined by the secretary.

(b) (1) In consultation with the grant review committee, the secretary shall award grants under the program to law enforcement agencies, detention centers, and corrections agencies for equipment that aids in improving trust and relationships between law enforcement agencies, detention centers, and corrections agencies and the communities that they serve. (2) Grants may be made for equipment, training, or accreditation including without limitation: (A) Body cameras with auto-activation capabilities; (B) In-car cameras with auto-activation capabilities; (C) Cloud-based storage services; (D) On-premises server hardware and storage to accomodate on-premises installations; (E) Conducted electrical devices and related training programs; (F) Virtual reality training; (G) Agency accreditation programs; (H) Bulletproof vests; (I) Pepper spray; (J) Rubber bullets; and (K) Other equipment as deemed necessary by the secretary. (3) As a condition for receiving a grant under this section, the secretary may require a law enforcement agency, detention center, or corrections agency to provide matching funds at a percentage to be determined by the secretary. (4) As a part of the grant application process and in consultation with the grant review committee, the secretary may: (A) Design procedures and criteria for awarding grants under this section; (B) Receive and review applications for grants under this section; (C) Prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section; (D) Audit and inspect the records of grant recipients; and (E) Require reports from grant recipients.

(1) In consultation with the grant review committee, the secretary shall award grants under the program to law enforcement agencies, detention centers, and corrections agencies for equipment that aids in improving trust and relationships between law enforcement agencies, detention centers, and corrections agencies and the communities that they serve.

(2) Grants may be made for equipment, training, or accreditation including without limitation: (A) Body cameras with auto-activation capabilities; (B) In-car cameras with auto-activation capabilities; (C) Cloud-based storage services; (D) On-premises server hardware and storage to accomodate on-premises installations; (E) Conducted electrical devices and related training programs; (F) Virtual reality training; (G) Agency accreditation programs; (H) Bulletproof vests; (I) Pepper spray; (J) Rubber bullets; and (K) Other equipment as deemed necessary by the secretary.

(A) Body cameras with auto-activation capabilities;

(B) In-car cameras with auto-activation capabilities;

(C) Cloud-based storage services;

(D) On-premises server hardware and storage to accomodate on-premises installations;

(E) Conducted electrical devices and related training programs;

(F) Virtual reality training;

(G) Agency accreditation programs;

(H) Bulletproof vests;

(I) Pepper spray;

(J) Rubber bullets; and

(K) Other equipment as deemed necessary by the secretary.

(3) As a condition for receiving a grant under this section, the secretary may require a law enforcement agency, detention center, or corrections agency to provide matching funds at a percentage to be determined by the secretary.

(4) As a part of the grant application process and in consultation with the grant review committee, the secretary may: (A) Design procedures and criteria for awarding grants under this section; (B) Receive and review applications for grants under this section; (C) Prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section; (D) Audit and inspect the records of grant recipients; and (E) Require reports from grant recipients.

(A) Design procedures and criteria for awarding grants under this section;

(B) Receive and review applications for grants under this section;

(C) Prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section;

(D) Audit and inspect the records of grant recipients; and

(E) Require reports from grant recipients.

(c) On or before October 1 of each year, the secretary shall submit a report to the Governor and the cochairs of the Legislative Council providing an account of the activities and expenditures of the program during the preceding calendar year.

Added by Act 2021, No. 786,§ 2, eff. 4/20/2021.
Ark. Code Ann. § 12-12-1904 — AR Code / Title 12 / Chapter 12 / Subchapter 19 / Section 12-12-1904
Providers to submit contact information to Arkansas Crime Information Center
Status: in_force

A commercial mobile radio service provider or internet service provider either authorized to do business in the state or that has submitted to the jurisdiction of the state shall immediately submit all contact information to the Arkansas Crime Information Center and shall immediately update the contact information as changes occur. Amended by Act 2019, No. 584,§ 1, eff. 7/24/2019. Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.

A commercial mobile radio service provider or internet service provider either authorized to do business in the state or that has submitted to the jurisdiction of the state shall immediately submit all contact information to the Arkansas Crime Information Center and shall immediately update the contact information as changes occur.

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

Added by Act 2015, No. 405,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 12-18-501 — AR Code / Title 12 / Chapter 18 / Subchapter 5 / Section 12-18-501
Notice of a report to the Child Abuse Hotline
Status: in_force

Notice of a report to the Child Abuse Hotline is confidential and may be disclosed only as provided in this chapter. Acts 2009, No. 749, § 1.

Notice of a report to the Child Abuse Hotline is confidential and may be disclosed only as provided in this chapter.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-18-910 — AR Code / Title 12 / Chapter 18 / Subchapter 9 / Section 12-18-910
Availability of screened-out and unsubstantiated reports
Status: in_force

(a) Screened-out, administratively closed, and unsubstantiated reports of child maltreatment are confidential and may be disclosed only as provided in this chapter. (b) (1) The Department of Human Services and the Division of Arkansas State Police may charge: (A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and (B) A reasonable fee for reproducing copies of electronic media, such as audio tapes, video tapes, compact discs, DVDs, and photographs. (2) A fee shall not be charged to: (A) A nonprofit or volunteer agency that requests searches of the investigative files; or (B) A person who is indigent. (c) (1) The Department of Human Services and the Division of Arkansas State Police shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement. (d) (1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her or its own attorney regarding information provided by the Department of Human Services and the Division of Arkansas State Police. (3) Nothing in this chapter shall be construed to prevent subsequent disclosure by the subject of the report. (4) 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: (A) Disclosed to and discussed with a member of the Child Maltreatment Investigations Oversight Committee; and (B) Disclosed and discussed in closed meetings conducted by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq. (e) Any record of a screened-out or administratively closed report of child maltreatment shall not be disclosed except to the prosecuting attorney and law enforcement and may be used only within the Department of Human Services and the Division of Arkansas State Police for purposes of administration of the program. (f) An unsubstantiated report, including protected health information and the administrative hearing decision, shall be confidential and shall be disclosed only to: (1) The prosecuting attorney; (2) A subject of the report; (3) A grand jury upon a finding that information in the record is necessary for the determination of an issue before a grand jury; (4) (A) A court in a criminal case upon finding that the information in the record is necessary for the determination of an issue before the court. (B) The court may disclose the report to parties under the terms of a protective order issued by the court; (5) (A) A court in a child custody or similar civil case upon finding that the information in the record is necessary for the determination of a health or safety issue concerning a child before the court. (B) The court may disclose the report to the parties under the terms or a protective order issued by the court; (6) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body of any information that identifies any recipient of services by name or address; (7) Law enforcement; (8) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; (9) Adult protective services; (10) The Division of Developmental Disabilities Services and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as to participants of the waiver program; (11) A Court Appointed Special Advocates volunteer upon presentation of an order of appointment for a child who is a subject of a report; (12) The attorney ad litem of a child who is the subject of a report; (13) Any person or entity to whom notification was provided under this chapter; (14) The custodial and noncustodial parents, guardians, and legal custodians of the child who is identified as the offender; (15) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ; and (16) A Child Welfare Ombudsman. (g) Hard copy records of unsubstantiated reports shall be retained no longer than eighteen (18) months for purposes of audit. (h) Information on unsubstantiated reports included in the automated data system shall be retained indefinitely to assist the Department of Human Services and the Division of Arkansas State Police in assessing future risk and safety. Amended by Act 2021, No. 472,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 1081,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 802,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 802,§ 10, eff. 7/24/2019. Amended by Act 2019, No. 590,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 945,§ 9, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 38, eff. 8/1/2017. Amended by Act 2017, No. 713,§ 9, eff. 8/1/2017. Amended by Act 2017, No. 713,§ 10, eff. 8/1/2017. Amended by Act 2017, No. 528,§ 7, eff. 8/1/2017. Amended by Act 2015, No. 1097,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 36, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 34, eff. 8/16/2013. Amended by Act 2013, No. 1006,§ 33, eff. 8/16/2013. Amended by Act 2013, No. 1006,§ 32, eff. 8/16/2013. Acts 2009, No. 749, § 1; 2011, No. 1143, § 24.

(a) Screened-out, administratively closed, and unsubstantiated reports of child maltreatment are confidential and may be disclosed only as provided in this chapter.

(b) (1) The Department of Human Services and the Division of Arkansas State Police may charge: (A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and (B) A reasonable fee for reproducing copies of electronic media, such as audio tapes, video tapes, compact discs, DVDs, and photographs. (2) A fee shall not be charged to: (A) A nonprofit or volunteer agency that requests searches of the investigative files; or (B) A person who is indigent.

(1) The Department of Human Services and the Division of Arkansas State Police may charge: (A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and (B) A reasonable fee for reproducing copies of electronic media, such as audio tapes, video tapes, compact discs, DVDs, and photographs.

(A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and

(B) A reasonable fee for reproducing copies of electronic media, such as audio tapes, video tapes, compact discs, DVDs, and photographs.

(2) A fee shall not be charged to: (A) A nonprofit or volunteer agency that requests searches of the investigative files; or (B) A person who is indigent.

(A) A nonprofit or volunteer agency that requests searches of the investigative files; or

(B) A person who is indigent.

(c) (1) The Department of Human Services and the Division of Arkansas State Police shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement.

(1) The Department of Human Services and the Division of Arkansas State Police shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report.

(2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement.

(d) (1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her or its own attorney regarding information provided by the Department of Human Services and the Division of Arkansas State Police. (3) Nothing in this chapter shall be construed to prevent subsequent disclosure by the subject of the report. (4) 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: (A) Disclosed to and discussed with a member of the Child Maltreatment Investigations Oversight Committee; and (B) Disclosed and discussed in closed meetings conducted by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq.

(1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section.

(2) However, the person or agency is permitted to consult his or her or its own attorney regarding information provided by the Department of Human Services and the Division of Arkansas State Police.

(3) Nothing in this chapter shall be construed to prevent subsequent disclosure by the subject of the report.

(4) 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: (A) Disclosed to and discussed with a member of the Child Maltreatment Investigations Oversight Committee; and (B) Disclosed and discussed in closed meetings conducted by the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq.

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

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

(e) Any record of a screened-out or administratively closed report of child maltreatment shall not be disclosed except to the prosecuting attorney and law enforcement and may be used only within the Department of Human Services and the Division of Arkansas State Police for purposes of administration of the program.

(f) An unsubstantiated report, including protected health information and the administrative hearing decision, shall be confidential and shall be disclosed only to: (1) The prosecuting attorney; (2) A subject of the report; (3) A grand jury upon a finding that information in the record is necessary for the determination of an issue before a grand jury; (4) (A) A court in a criminal case upon finding that the information in the record is necessary for the determination of an issue before the court. (B) The court may disclose the report to parties under the terms of a protective order issued by the court; (5) (A) A court in a child custody or similar civil case upon finding that the information in the record is necessary for the determination of a health or safety issue concerning a child before the court. (B) The court may disclose the report to the parties under the terms or a protective order issued by the court; (6) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body of any information that identifies any recipient of services by name or address; (7) Law enforcement; (8) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; (9) Adult protective services; (10) The Division of Developmental Disabilities Services and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as to participants of the waiver program; (11) A Court Appointed Special Advocates volunteer upon presentation of an order of appointment for a child who is a subject of a report; (12) The attorney ad litem of a child who is the subject of a report; (13) Any person or entity to whom notification was provided under this chapter; (14) The custodial and noncustodial parents, guardians, and legal custodians of the child who is identified as the offender; (15) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ; and (16) A Child Welfare Ombudsman.

(1) The prosecuting attorney;

(2) A subject of the report;

(3) A grand jury upon a finding that information in the record is necessary for the determination of an issue before a grand jury;

(4) (A) A court in a criminal case upon finding that the information in the record is necessary for the determination of an issue before the court. (B) The court may disclose the report to parties under the terms of a protective order issued by the court;

(A) A court in a criminal case upon finding that the information in the record is necessary for the determination of an issue before the court.

(B) The court may disclose the report to parties under the terms of a protective order issued by the court;

(5) (A) A court in a child custody or similar civil case upon finding that the information in the record is necessary for the determination of a health or safety issue concerning a child before the court. (B) The court may disclose the report to the parties under the terms or a protective order issued by the court;

(A) A court in a child custody or similar civil case upon finding that the information in the record is necessary for the determination of a health or safety issue concerning a child before the court.

(B) The court may disclose the report to the parties under the terms or a protective order issued by the court;

(6) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body of any information that identifies any recipient of services by name or address;

(A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment.

(B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment.

(C) However, disclosure shall not be made to any committee or legislative body of any information that identifies any recipient of services by name or address;

(7) Law enforcement;

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

(9) Adult protective services;

(10) The Division of Developmental Disabilities Services and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as to participants of the waiver program;

(11) A Court Appointed Special Advocates volunteer upon presentation of an order of appointment for a child who is a subject of a report;

(12) The attorney ad litem of a child who is the subject of a report;

(13) Any person or entity to whom notification was provided under this chapter;

(14) The custodial and noncustodial parents, guardians, and legal custodians of the child who is identified as the offender;

(15) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ; and

(16) A Child Welfare Ombudsman.

(g) Hard copy records of unsubstantiated reports shall be retained no longer than eighteen (18) months for purposes of audit.

(h) Information on unsubstantiated reports included in the automated data system shall be retained indefinitely to assist the Department of Human Services and the Division of Arkansas State Police in assessing future risk and safety.

Amended by Act 2021, No. 472,§ 6, eff. 7/28/2021.

Amended by Act 2019, No. 1081,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 802,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 802,§ 10, eff. 7/24/2019.

Amended by Act 2019, No. 590,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 945,§ 9, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 38, eff. 8/1/2017.

Amended by Act 2017, No. 713,§ 9, eff. 8/1/2017.

Amended by Act 2017, No. 713,§ 10, eff. 8/1/2017.

Amended by Act 2017, No. 528,§ 7, eff. 8/1/2017.

Amended by Act 2015, No. 1097,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 1004,§ 36, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 34, eff. 8/16/2013.

Amended by Act 2013, No. 1006,§ 33, eff. 8/16/2013.

Amended by Act 2013, No. 1006,§ 32, eff. 8/16/2013.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 24.
Ark. Code Ann. § 12-76-201 — AR Code / Title 12 / Chapter 76 / Subchapter 2 / Section 12-76-201
Short title
Status: in_force

This subchapter may be cited as the "Emergency Management Assistance Compact". Acts 1997, No. 959, § 1.

This subchapter may be cited as the "Emergency Management Assistance Compact".

Acts 1997, No. 959, § 1.
Ark. Code Ann. § 12-9-124 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-124
Part-time law enforcement officers - Number restricted
Status: in_force

(a) (1) A political subdivision may appoint a number of part-time law enforcement officers equal to two (2) part-time law enforcement officers for each full-time certified law enforcement officer employed full-time by and receiving a salary from the appointing political subdivision's law enforcement agency. (2) (A) However, if a political subdivision has a need for a greater number of part-time law enforcement officers than is authorized in subdivision (a)(1) of this section due to special or unusual problems or circumstances, the political subdivision may make a request to the Arkansas Commission on Law Enforcement Standards and Training for additional part-time law enforcement officers. (B) Each request under subdivision (a)(2)(A) of this section shall state the special or unusual problems or circumstances involved that justify the request, the number of additional part-time law enforcement officers requested, and such other information as the commission may require. (C) If the commission finds that the public interest will best be served by allowing the political subdivision to appoint the additional part-time law enforcement officers requested, the commission may grant the request under subdivision (a)(2)(A) of this section. (b) This section does not restrict the number of honorary police officers without law enforcement authority. Amended by Act 2023, No. 176,§ 1, eff. 8/1/2023. Added by Act 2021, No. 218,§ 2, eff. 7/28/2021.

(a) (1) A political subdivision may appoint a number of part-time law enforcement officers equal to two (2) part-time law enforcement officers for each full-time certified law enforcement officer employed full-time by and receiving a salary from the appointing political subdivision's law enforcement agency. (2) (A) However, if a political subdivision has a need for a greater number of part-time law enforcement officers than is authorized in subdivision (a)(1) of this section due to special or unusual problems or circumstances, the political subdivision may make a request to the Arkansas Commission on Law Enforcement Standards and Training for additional part-time law enforcement officers. (B) Each request under subdivision (a)(2)(A) of this section shall state the special or unusual problems or circumstances involved that justify the request, the number of additional part-time law enforcement officers requested, and such other information as the commission may require. (C) If the commission finds that the public interest will best be served by allowing the political subdivision to appoint the additional part-time law enforcement officers requested, the commission may grant the request under subdivision (a)(2)(A) of this section.

(1) A political subdivision may appoint a number of part-time law enforcement officers equal to two (2) part-time law enforcement officers for each full-time certified law enforcement officer employed full-time by and receiving a salary from the appointing political subdivision's law enforcement agency.

(2) (A) However, if a political subdivision has a need for a greater number of part-time law enforcement officers than is authorized in subdivision (a)(1) of this section due to special or unusual problems or circumstances, the political subdivision may make a request to the Arkansas Commission on Law Enforcement Standards and Training for additional part-time law enforcement officers. (B) Each request under subdivision (a)(2)(A) of this section shall state the special or unusual problems or circumstances involved that justify the request, the number of additional part-time law enforcement officers requested, and such other information as the commission may require. (C) If the commission finds that the public interest will best be served by allowing the political subdivision to appoint the additional part-time law enforcement officers requested, the commission may grant the request under subdivision (a)(2)(A) of this section.

(A) However, if a political subdivision has a need for a greater number of part-time law enforcement officers than is authorized in subdivision (a)(1) of this section due to special or unusual problems or circumstances, the political subdivision may make a request to the Arkansas Commission on Law Enforcement Standards and Training for additional part-time law enforcement officers.

(B) Each request under subdivision (a)(2)(A) of this section shall state the special or unusual problems or circumstances involved that justify the request, the number of additional part-time law enforcement officers requested, and such other information as the commission may require.

(C) If the commission finds that the public interest will best be served by allowing the political subdivision to appoint the additional part-time law enforcement officers requested, the commission may grant the request under subdivision (a)(2)(A) of this section.

(b) This section does not restrict the number of honorary police officers without law enforcement authority.

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

Added by Act 2021, No. 218,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 12-12-324 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-324
Testing by State Crime Laboratory
Status: in_force

(a) A firearm used in the commission of a crime that comes into the custody of a law enforcement agency in this state may be delivered to the State Crime Laboratory within thirty (30) calendar days for forensic testing for firearms meeting the caliber and type determined by the Director of the State Crime Laboratory. (b) (1) (A) The laboratory may conduct forensic tests on all firearms received and input the resulting data into the National Integrated Ballistics Information Network of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. (B) The forensic tests may include without limitation firing of the firearm and electronic imaging of the bullets and casings. (2) The laboratory shall coordinate with all participating agencies when investigations require the use of the National Integrated Ballistics Information Network computer database. (3) The laboratory shall provide written analysis reports and experts for testimony when feasible. (4) After completion of the forensic testing, the firearm shall be returned to the law enforcement agency that submitted the firearm for forensic testing. (5) When the law enforcement agency regains possession of the firearm and after final adjudication, the law enforcement agency shall immediately notify the owner, unless the owner is prohibited by law from possessing the firearm, that the owner may regain possession of the firearm at the offices of the law enforcement agency. (c) A law enforcement agency in this state may request the assistance of the Division of Arkansas State Police in tracing a firearm. (d) A firearm seized by the Arkansas State Game and Fish Commission for violation of a commission rule is exempt from this section. (e) The State Crime Laboratory Board may adopt rules for the implementation of this section, including without limitation rules regarding forensic testing of a firearm and procedures for submission of a firearm. Amended by Act 2019, No. 315,§ 862, eff. 7/24/2019. Amended by Act 2019, No. 1010,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5855, eff. 7/1/2019. Acts 1999, No. 1558, §§ 1, 2; 2001, No. 788, § 1; 2005, No. 1257, § 1.

(a) A firearm used in the commission of a crime that comes into the custody of a law enforcement agency in this state may be delivered to the State Crime Laboratory within thirty (30) calendar days for forensic testing for firearms meeting the caliber and type determined by the Director of the State Crime Laboratory.

(b) (1) (A) The laboratory may conduct forensic tests on all firearms received and input the resulting data into the National Integrated Ballistics Information Network of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. (B) The forensic tests may include without limitation firing of the firearm and electronic imaging of the bullets and casings. (2) The laboratory shall coordinate with all participating agencies when investigations require the use of the National Integrated Ballistics Information Network computer database. (3) The laboratory shall provide written analysis reports and experts for testimony when feasible. (4) After completion of the forensic testing, the firearm shall be returned to the law enforcement agency that submitted the firearm for forensic testing. (5) When the law enforcement agency regains possession of the firearm and after final adjudication, the law enforcement agency shall immediately notify the owner, unless the owner is prohibited by law from possessing the firearm, that the owner may regain possession of the firearm at the offices of the law enforcement agency.

(1) (A) The laboratory may conduct forensic tests on all firearms received and input the resulting data into the National Integrated Ballistics Information Network of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. (B) The forensic tests may include without limitation firing of the firearm and electronic imaging of the bullets and casings.

(A) The laboratory may conduct forensic tests on all firearms received and input the resulting data into the National Integrated Ballistics Information Network of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.

(B) The forensic tests may include without limitation firing of the firearm and electronic imaging of the bullets and casings.

(2) The laboratory shall coordinate with all participating agencies when investigations require the use of the National Integrated Ballistics Information Network computer database.

(3) The laboratory shall provide written analysis reports and experts for testimony when feasible.

(4) After completion of the forensic testing, the firearm shall be returned to the law enforcement agency that submitted the firearm for forensic testing.

(5) When the law enforcement agency regains possession of the firearm and after final adjudication, the law enforcement agency shall immediately notify the owner, unless the owner is prohibited by law from possessing the firearm, that the owner may regain possession of the firearm at the offices of the law enforcement agency.

(c) A law enforcement agency in this state may request the assistance of the Division of Arkansas State Police in tracing a firearm.

(d) A firearm seized by the Arkansas State Game and Fish Commission for violation of a commission rule is exempt from this section.

(e) The State Crime Laboratory Board may adopt rules for the implementation of this section, including without limitation rules regarding forensic testing of a firearm and procedures for submission of a firearm.

Amended by Act 2019, No. 315,§ 862, eff. 7/24/2019.

Amended by Act 2019, No. 1010,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5855, eff. 7/1/2019.

Acts 1999, No. 1558, §§ 1, 2; 2001, No. 788, § 1; 2005, No. 1257, § 1.
Ark. Code Ann. § 12-75-126 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-126
Public safety officers
Status: in_force

(a) No person shall be employed or associated in any capacity in any emergency management organization established under this chapter who: (1) Advocates or has advocated a change by force or violence in the constitutional form of the United States Government or of this state or the overthrow of any government in the United States by force or violence; or (2) Has pleaded guilty or nolo contendere to or been found guilty of any subversive act against the United States or is under indictment or information charging any subversive act against the United States. (b) The Director of the Division of Emergency Management and persons he or she may designate from the state and local offices of emergency management staffing patterns shall be sworn public safety officers as defined and limited by this chapter. (c) (1) Before entering upon his or her duties, each person who is selected to serve as a public safety officer in an organization of emergency management shall take an oath in writing before a person authorized to administer oaths in this state. (2) The oath required in subdivision (c)(1) of this section shall be substantially as follows: "I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of Public Safety Officer, upon which I am now about to enter." (d) (1) (A) The director may determine what constitutes the Division of Emergency Management uniform for division personnel. (B) The chief executive of a local office of emergency management may determine what constitutes a uniform for his or her jurisdiction. (2) The uniform may include a badge or identification card, or both, of appropriate design and dimensions to identify local office of emergency management personnel as bona fide emergency management workers within their jurisdiction and division personnel as bona fide emergency workers for the state. (e) Any person issued or provided a badge, identification, or uniform described in subsection (d) of this section shall wear, carry, or display it at such times and places as shall be designated or required by the chief executive of the local jurisdiction for local office of emergency management personnel and by the director for division personnel. Amended by Act 2019, No. 910,§ 5902, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5901, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5900, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5899, eff. 7/1/2019. Acts 1973, No. 511, § 21; 1985, No. 687, § 9; 1985, No. 978, § 9; A.S.A. 1947, § 11-1954; Acts 1999, No. 646, § 33; 2007, No. 197, § 17.

(a) No person shall be employed or associated in any capacity in any emergency management organization established under this chapter who: (1) Advocates or has advocated a change by force or violence in the constitutional form of the United States Government or of this state or the overthrow of any government in the United States by force or violence; or (2) Has pleaded guilty or nolo contendere to or been found guilty of any subversive act against the United States or is under indictment or information charging any subversive act against the United States.

(1) Advocates or has advocated a change by force or violence in the constitutional form of the United States Government or of this state or the overthrow of any government in the United States by force or violence; or

(2) Has pleaded guilty or nolo contendere to or been found guilty of any subversive act against the United States or is under indictment or information charging any subversive act against the United States.

(b) The Director of the Division of Emergency Management and persons he or she may designate from the state and local offices of emergency management staffing patterns shall be sworn public safety officers as defined and limited by this chapter.

(c) (1) Before entering upon his or her duties, each person who is selected to serve as a public safety officer in an organization of emergency management shall take an oath in writing before a person authorized to administer oaths in this state. (2) The oath required in subdivision (c)(1) of this section shall be substantially as follows: "I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of Public Safety Officer, upon which I am now about to enter."

(1) Before entering upon his or her duties, each person who is selected to serve as a public safety officer in an organization of emergency management shall take an oath in writing before a person authorized to administer oaths in this state.

(2) The oath required in subdivision (c)(1) of this section shall be substantially as follows: "I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of Public Safety Officer, upon which I am now about to enter."

"I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of Public Safety Officer, upon which I am now about to enter."

(d) (1) (A) The director may determine what constitutes the Division of Emergency Management uniform for division personnel. (B) The chief executive of a local office of emergency management may determine what constitutes a uniform for his or her jurisdiction. (2) The uniform may include a badge or identification card, or both, of appropriate design and dimensions to identify local office of emergency management personnel as bona fide emergency management workers within their jurisdiction and division personnel as bona fide emergency workers for the state.

(1) (A) The director may determine what constitutes the Division of Emergency Management uniform for division personnel. (B) The chief executive of a local office of emergency management may determine what constitutes a uniform for his or her jurisdiction.

(A) The director may determine what constitutes the Division of Emergency Management uniform for division personnel.

(B) The chief executive of a local office of emergency management may determine what constitutes a uniform for his or her jurisdiction.

(2) The uniform may include a badge or identification card, or both, of appropriate design and dimensions to identify local office of emergency management personnel as bona fide emergency management workers within their jurisdiction and division personnel as bona fide emergency workers for the state.

(e) Any person issued or provided a badge, identification, or uniform described in subsection (d) of this section shall wear, carry, or display it at such times and places as shall be designated or required by the chief executive of the local jurisdiction for local office of emergency management personnel and by the director for division personnel.

Amended by Act 2019, No. 910,§ 5902, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5901, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5900, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5899, eff. 7/1/2019.

Acts 1973, No. 511, § 21; 1985, No. 687, § 9; 1985, No. 978, § 9; A.S.A. 1947, § 11-1954; Acts 1999, No. 646, § 33; 2007, No. 197, § 17.
Ark. Code Ann. § 12-12-1404 — AR Code / Title 12 / Chapter 12 / Subchapter 14 / Section 12-12-1404
Training
Status: in_force

(a) Each law enforcement agency shall provide annual training to all officers that: (1) Emphasizes the prohibition against racial profiling; (2) Ensures that operating procedures adequately implement the prohibition against racial profiling and that the law enforcement agency's law enforcement personnel have copies of, understand, and follow the operating procedures; and (3) Includes foreign language instruction, if possible, to ensure adequate communication with residents of a community. (b) The course or courses of instruction and the guidelines shall stress understanding and respect for racial, ethnic, national, religious, and cultural differences and development of effective and appropriate methods of carrying out law enforcement duties. (c) (1) The Arkansas Commission on Law Enforcement Standards and Training shall adopt an initial training module concerning diversity and racial sensitivity for recruits and officers. (2) The commission shall also adopt a training module for biennial recertification for all recruits and officers who have completed the initial training module. (d) (1) The commission shall promulgate rules that set significant standards for all training required in this section. (2) The commission may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) The commission may review and recommend changes to the racial profiling policy of any law enforcement agency. (4) Upon request, the racial profiling policy of any law enforcement agency shall be made available to the commission for the purpose described in subdivision (d)(3) of this section. (5) The commission may establish a toll-free hotline and an email address to receive complaints concerning racial profiling. Amended by Act 2017, No. 250,§ 6, eff. 8/1/2017. Acts 2003, No. 1207, § 4; 2005, No. 2136, § 5; 2011, No. 779, § 11.

(a) Each law enforcement agency shall provide annual training to all officers that: (1) Emphasizes the prohibition against racial profiling; (2) Ensures that operating procedures adequately implement the prohibition against racial profiling and that the law enforcement agency's law enforcement personnel have copies of, understand, and follow the operating procedures; and (3) Includes foreign language instruction, if possible, to ensure adequate communication with residents of a community.

(1) Emphasizes the prohibition against racial profiling;

(2) Ensures that operating procedures adequately implement the prohibition against racial profiling and that the law enforcement agency's law enforcement personnel have copies of, understand, and follow the operating procedures; and

(3) Includes foreign language instruction, if possible, to ensure adequate communication with residents of a community.

(b) The course or courses of instruction and the guidelines shall stress understanding and respect for racial, ethnic, national, religious, and cultural differences and development of effective and appropriate methods of carrying out law enforcement duties.

(c) (1) The Arkansas Commission on Law Enforcement Standards and Training shall adopt an initial training module concerning diversity and racial sensitivity for recruits and officers. (2) The commission shall also adopt a training module for biennial recertification for all recruits and officers who have completed the initial training module.

(1) The Arkansas Commission on Law Enforcement Standards and Training shall adopt an initial training module concerning diversity and racial sensitivity for recruits and officers.

(2) The commission shall also adopt a training module for biennial recertification for all recruits and officers who have completed the initial training module.

(d) (1) The commission shall promulgate rules that set significant standards for all training required in this section. (2) The commission may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) The commission may review and recommend changes to the racial profiling policy of any law enforcement agency. (4) Upon request, the racial profiling policy of any law enforcement agency shall be made available to the commission for the purpose described in subdivision (d)(3) of this section. (5) The commission may establish a toll-free hotline and an email address to receive complaints concerning racial profiling.

(1) The commission shall promulgate rules that set significant standards for all training required in this section.

(2) The commission may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(3) The commission may review and recommend changes to the racial profiling policy of any law enforcement agency.

(4) Upon request, the racial profiling policy of any law enforcement agency shall be made available to the commission for the purpose described in subdivision (d)(3) of this section.

(5) The commission may establish a toll-free hotline and an email address to receive complaints concerning racial profiling.

Amended by Act 2017, No. 250,§ 6, eff. 8/1/2017.

Acts 2003, No. 1207, § 4; 2005, No. 2136, § 5; 2011, No. 779, § 11.
Ark. Code Ann. § 12-12-910 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-910
Fine
Status: in_force

(a) The sentencing court shall assess at the time of sentencing a mandatory fine of two hundred fifty dollars ($250) on any person who is required to register under this subchapter. (b) (1) A person who relocates to this state and was convicted of an offense in another state that requires registration in this state shall pay a fee of two hundred fifty dollars ($250) within ninety (90) days from the date of registration. (2) (A) A person who fails to pay the fee required under subdivision (b)(1) of this section upon conviction is guilty of a Class A misdemeanor. (B) The person required to register has an affirmative defense to failure to pay a fee if he or she shows that his or her failure to pay the fee was not attributable to a: (i) Purposeful refusal to obey the sentence of the court; or (ii) Failure on the defendant's part to make a good faith effort to obtain the funds required for payment. (c) (1) The fine provided in subsection (a) of this section and collected in circuit court, district court, or city court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office for deposit into the Sex and Child Offenders Registration Fund as established by § 12-12-911 . (2) The fee provided in subsection (b) of this section shall be collected by the law enforcement agency having jurisdiction over the person's sex offender verification and shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office for deposit into the Sex and Child Offenders Registration Fund as established by § 12-12-911 . Amended by Act 2013, No. 42,§ 1, eff. 8/16/2013. Acts 1997, No. 989, § 9; 2003, No. 1765, § 4; 2011, No. 812, § 1.

(a) The sentencing court shall assess at the time of sentencing a mandatory fine of two hundred fifty dollars ($250) on any person who is required to register under this subchapter.

(b) (1) A person who relocates to this state and was convicted of an offense in another state that requires registration in this state shall pay a fee of two hundred fifty dollars ($250) within ninety (90) days from the date of registration. (2) (A) A person who fails to pay the fee required under subdivision (b)(1) of this section upon conviction is guilty of a Class A misdemeanor. (B) The person required to register has an affirmative defense to failure to pay a fee if he or she shows that his or her failure to pay the fee was not attributable to a: (i) Purposeful refusal to obey the sentence of the court; or (ii) Failure on the defendant's part to make a good faith effort to obtain the funds required for payment.

(1) A person who relocates to this state and was convicted of an offense in another state that requires registration in this state shall pay a fee of two hundred fifty dollars ($250) within ninety (90) days from the date of registration.

(2) (A) A person who fails to pay the fee required under subdivision (b)(1) of this section upon conviction is guilty of a Class A misdemeanor. (B) The person required to register has an affirmative defense to failure to pay a fee if he or she shows that his or her failure to pay the fee was not attributable to a: (i) Purposeful refusal to obey the sentence of the court; or (ii) Failure on the defendant's part to make a good faith effort to obtain the funds required for payment.

(A) A person who fails to pay the fee required under subdivision (b)(1) of this section upon conviction is guilty of a Class A misdemeanor.

(B) The person required to register has an affirmative defense to failure to pay a fee if he or she shows that his or her failure to pay the fee was not attributable to a: (i) Purposeful refusal to obey the sentence of the court; or (ii) Failure on the defendant's part to make a good faith effort to obtain the funds required for payment.

(i) Purposeful refusal to obey the sentence of the court; or

(ii) Failure on the defendant's part to make a good faith effort to obtain the funds required for payment.

(c) (1) The fine provided in subsection (a) of this section and collected in circuit court, district court, or city court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office for deposit into the Sex and Child Offenders Registration Fund as established by § 12-12-911 . (2) The fee provided in subsection (b) of this section shall be collected by the law enforcement agency having jurisdiction over the person's sex offender verification and shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office for deposit into the Sex and Child Offenders Registration Fund as established by § 12-12-911 .

(1) The fine provided in subsection (a) of this section and collected in circuit court, district court, or city court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office for deposit into the Sex and Child Offenders Registration Fund as established by § 12-12-911 .

(2) The fee provided in subsection (b) of this section shall be collected by the law enforcement agency having jurisdiction over the person's sex offender verification and shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office for deposit into the Sex and Child Offenders Registration Fund as established by § 12-12-911 .

Amended by Act 2013, No. 42,§ 1, eff. 8/16/2013.

Acts 1997, No. 989, § 9; 2003, No. 1765, § 4; 2011, No. 812, § 1.
Ark. Code Ann. § 12-17-105 — AR Code / Title 12 / Chapter 17 / Section 12-17-105
Matching funds
Status: in_force

(a) Any multi-jurisdictional drug crime task force receiving a grant award under this chapter shall contribute local matching funds in an amount not less than twenty percent (20%) of the total grant award. (b) The source of local matching funds shall be from county or municipal general revenue appropriations or authorized drug control fund disbursements of any participating multi-jurisdictional drug crime task force member agency. (c) The Department of Finance and Administration shall restrict distribution of any grant award to a multi-jurisdictional drug crime task force if it is determined that local matching funds are not appropriated or available. Acts 2007, No. 1086, § 1.

(a) Any multi-jurisdictional drug crime task force receiving a grant award under this chapter shall contribute local matching funds in an amount not less than twenty percent (20%) of the total grant award.

(b) The source of local matching funds shall be from county or municipal general revenue appropriations or authorized drug control fund disbursements of any participating multi-jurisdictional drug crime task force member agency.

(c) The Department of Finance and Administration shall restrict distribution of any grant award to a multi-jurisdictional drug crime task force if it is determined that local matching funds are not appropriated or available.

Acts 2007, No. 1086, § 1.
Ark. Code Ann. § 12-12-1716 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1716
Adult and Long-term Care Facility Resident Maltreatment Central Registry
Status: in_force

(a) (1) There is established within the Department of Human Services a statewide Adult and Long-term Care Facility Resident Maltreatment Central Registry. (2) The registry shall contain investigative determinations made by the department on all founded reports of adult maltreatment and long-term care facility resident maltreatment. (3) An offender's name shall be placed in the registry if: (A) After notice, the offender does not timely request an administrative hearing; or (B) Upon completion of the administrative hearing process, the department's investigative determination of founded is upheld. (4) An offender's name shall remain in the registry unless: (A) The name is removed under a statute; (B) The name is removed under a rule; or (C) The offender prevails upon appeal. (b) The department may adopt rules necessary to encourage cooperation with other states in exchanging reports to effect a national registry system of adult maltreatment. (c) (1) The department may charge a reasonable fee not to exceed ten dollars ($10.00) for researching, copying, and mailing records of the investigative files maintained under this subchapter. (2) The department may also charge a reasonable fee for reproducing copies of tapes and photographs maintained under this subchapter. (3) No fee may be charged to a nonprofit or volunteer agency that requests a search of the investigative files maintained under this subchapter. (4) No fee may be charged under this subchapter to a person who is indigent. Acts 2005, No. 1812, § 1; 2009, No. 525, § 4.

(a) (1) There is established within the Department of Human Services a statewide Adult and Long-term Care Facility Resident Maltreatment Central Registry. (2) The registry shall contain investigative determinations made by the department on all founded reports of adult maltreatment and long-term care facility resident maltreatment. (3) An offender's name shall be placed in the registry if: (A) After notice, the offender does not timely request an administrative hearing; or (B) Upon completion of the administrative hearing process, the department's investigative determination of founded is upheld. (4) An offender's name shall remain in the registry unless: (A) The name is removed under a statute; (B) The name is removed under a rule; or (C) The offender prevails upon appeal.

(1) There is established within the Department of Human Services a statewide Adult and Long-term Care Facility Resident Maltreatment Central Registry.

(2) The registry shall contain investigative determinations made by the department on all founded reports of adult maltreatment and long-term care facility resident maltreatment.

(3) An offender's name shall be placed in the registry if: (A) After notice, the offender does not timely request an administrative hearing; or (B) Upon completion of the administrative hearing process, the department's investigative determination of founded is upheld.

(A) After notice, the offender does not timely request an administrative hearing; or

(B) Upon completion of the administrative hearing process, the department's investigative determination of founded is upheld.

(4) An offender's name shall remain in the registry unless: (A) The name is removed under a statute; (B) The name is removed under a rule; or (C) The offender prevails upon appeal.

(A) The name is removed under a statute;

(B) The name is removed under a rule; or

(C) The offender prevails upon appeal.

(b) The department may adopt rules necessary to encourage cooperation with other states in exchanging reports to effect a national registry system of adult maltreatment.

(c) (1) The department may charge a reasonable fee not to exceed ten dollars ($10.00) for researching, copying, and mailing records of the investigative files maintained under this subchapter. (2) The department may also charge a reasonable fee for reproducing copies of tapes and photographs maintained under this subchapter. (3) No fee may be charged to a nonprofit or volunteer agency that requests a search of the investigative files maintained under this subchapter. (4) No fee may be charged under this subchapter to a person who is indigent.

(1) The department may charge a reasonable fee not to exceed ten dollars ($10.00) for researching, copying, and mailing records of the investigative files maintained under this subchapter.

(2) The department may also charge a reasonable fee for reproducing copies of tapes and photographs maintained under this subchapter.

(3) No fee may be charged to a nonprofit or volunteer agency that requests a search of the investigative files maintained under this subchapter.

(4) No fee may be charged under this subchapter to a person who is indigent.

Acts 2005, No. 1812, § 1; 2009, No. 525, § 4.
Ark. Code Ann. § 12-77-106 — AR Code / Title 12 / Chapter 77 / Section 12-77-106
Duties
Status: in_force

The Arkansas Department of Emergency Management shall coordinate a Disaster Preparedness Program designed to protect the lives and property of Arkansas citizens in case of flooding and other disasters and create public preparedness materials that can be disseminated to the public, including without limitation: (1) Training and education of state and local government officials, school districts, personnel, and citizens of Arkansas regarding preparation and protective measures that can be taken before, during, and after an earthquake; (2) Planning coordination, guidance, and assistance to all state and local government officials in preparation for, response to, and recovery from flooding; and (3) Coordination of the Disaster Preparedness Program activities with comparable agencies of the federal government and other states. Acts 2009, No. 711, § 2.

The Arkansas Department of Emergency Management shall coordinate a Disaster Preparedness Program designed to protect the lives and property of Arkansas citizens in case of flooding and other disasters and create public preparedness materials that can be disseminated to the public, including without limitation:

(1) Training and education of state and local government officials, school districts, personnel, and citizens of Arkansas regarding preparation and protective measures that can be taken before, during, and after an earthquake;

(2) Planning coordination, guidance, and assistance to all state and local government officials in preparation for, response to, and recovery from flooding; and

(3) Coordination of the Disaster Preparedness Program activities with comparable agencies of the federal government and other states.

Acts 2009, No. 711, § 2.
Ark. Code Ann. § 12-9-118 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-118
New or inactive law enforcement agency - Approval by commission required - Definition
Status: in_force

(a) As used in this section, "inactive law enforcement agency" means a law enforcement agency that existed and operated under a state law or local ordinance in the past but that currently does not exist or has not operated for at least six (6) months. (b) The chief executive officer or administrative head of an entity authorized by law to create a new law enforcement agency or reactivate an inactive law enforcement agency shall appear before the Arkansas Commission on Law Enforcement Standards and Training to request the creation of the new law enforcement agency or reactivation of the inactive law enforcement agency and present the law and documentation regarding: (1) The funding mechanism, funding source or sources, and current budget proposal for the law enforcement agency; (2) The proposed or enacted law enforcement agency policies, including without limitation policies regarding: (A) Use of force; (B) Vehicle pursuit; (C) Professional conduct of law enforcement officers to be employed by the law enforcement agency; (D) Racial profiling; and (E) Critical incident debriefing; (3) The administrative structure and organizational chart of the law enforcement agency, consisting of, at a minimum, a full-time chief of police that reports to the chief executive officer or administrative head of the entity; and (4) Any other information or documentation required by the commission. (c) After the appearance and presentation under subsection (b) of this section, the commission shall approve or disapprove the request to create the new law enforcement agency or reactivate the inactive law enforcement agency. Amended by Act 2021, No. 747,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 218,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 151,§ 1, eff. 7/24/2019. Added by Act 2017, No. 378,§ 1, eff. 8/1/2017.

(a) As used in this section, "inactive law enforcement agency" means a law enforcement agency that existed and operated under a state law or local ordinance in the past but that currently does not exist or has not operated for at least six (6) months.

(b) The chief executive officer or administrative head of an entity authorized by law to create a new law enforcement agency or reactivate an inactive law enforcement agency shall appear before the Arkansas Commission on Law Enforcement Standards and Training to request the creation of the new law enforcement agency or reactivation of the inactive law enforcement agency and present the law and documentation regarding: (1) The funding mechanism, funding source or sources, and current budget proposal for the law enforcement agency; (2) The proposed or enacted law enforcement agency policies, including without limitation policies regarding: (A) Use of force; (B) Vehicle pursuit; (C) Professional conduct of law enforcement officers to be employed by the law enforcement agency; (D) Racial profiling; and (E) Critical incident debriefing; (3) The administrative structure and organizational chart of the law enforcement agency, consisting of, at a minimum, a full-time chief of police that reports to the chief executive officer or administrative head of the entity; and (4) Any other information or documentation required by the commission.

(1) The funding mechanism, funding source or sources, and current budget proposal for the law enforcement agency;

(2) The proposed or enacted law enforcement agency policies, including without limitation policies regarding: (A) Use of force; (B) Vehicle pursuit; (C) Professional conduct of law enforcement officers to be employed by the law enforcement agency; (D) Racial profiling; and (E) Critical incident debriefing;

(A) Use of force;

(B) Vehicle pursuit;

(C) Professional conduct of law enforcement officers to be employed by the law enforcement agency;

(D) Racial profiling; and

(E) Critical incident debriefing;

(3) The administrative structure and organizational chart of the law enforcement agency, consisting of, at a minimum, a full-time chief of police that reports to the chief executive officer or administrative head of the entity; and

(4) Any other information or documentation required by the commission.

(c) After the appearance and presentation under subsection (b) of this section, the commission shall approve or disapprove the request to create the new law enforcement agency or reactivate the inactive law enforcement agency.

Amended by Act 2021, No. 747,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 218,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 151,§ 1, eff. 7/24/2019.

Added by Act 2017, No. 378,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 12-83-104 — AR Code / Title 12 / Chapter 83 / Section 12-83-104
Recruitment - Service - Deployment - Discharge
Status: in_force

(a) (1) The Division of Emergency Management shall establish a system to recruit personnel with special skills or experience related to emergency response and recovery operations and provide initial familiarization training and periodic proficiency training as necessary for members of the Emergency Volunteer Reserve Cadre to ensure their readiness for immediate deployment for response and recovery activities. (2) The personnel shall be enrolled as emergency responder volunteers in accordance with § 12-75-129 , and shall be eligible for immunities and exemptions in accordance with § 12-75-128 and workers' compensation benefits in accordance with § 12-75-129 . (b) The division shall establish an administrative management system to recruit and maintain qualified personnel and establish a fiscal management system to ensure prompt and reasonable reimbursement of authorized expenses. (c) Persons recruited for the cadre may provide, but are not limited to providing, services in disaster application centers, disaster field offices, disaster survey teams, and fixed or mobile emergency operating centers and communications facilities, and may utilize other specific skills for which they may qualify or be trained to assume. (d) Members are subject to deployment within the State of Arkansas and may, upon invocation of mutual aid agreements with other states, accompany state employees at host state or federal expense on out-of-state services. (e) When called into active service by the Director of the Division of Emergency Management, members of the cadre shall be under the operational and administrative management of the division and such employees of that office who may be designated to supervise their duties. (f) (1) The director shall have the authority to immediately relieve members of the cadre for actual misconduct, perceived incompetence, or inability to perform their assigned duties. (2) When relieved by authority other than the director's, members shall have the right of appeal to the director for reinstatement. Amended by Act 2019, No. 910,§ 5916, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5915, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5914, eff. 7/1/2019. Acts 1995, No. 115, § 4; 1995 No. 169, § 4; 1999, No. 646, §§ 51-53; 2009, No. 165, § 59.

(a) (1) The Division of Emergency Management shall establish a system to recruit personnel with special skills or experience related to emergency response and recovery operations and provide initial familiarization training and periodic proficiency training as necessary for members of the Emergency Volunteer Reserve Cadre to ensure their readiness for immediate deployment for response and recovery activities. (2) The personnel shall be enrolled as emergency responder volunteers in accordance with § 12-75-129 , and shall be eligible for immunities and exemptions in accordance with § 12-75-128 and workers' compensation benefits in accordance with § 12-75-129 .

(1) The Division of Emergency Management shall establish a system to recruit personnel with special skills or experience related to emergency response and recovery operations and provide initial familiarization training and periodic proficiency training as necessary for members of the Emergency Volunteer Reserve Cadre to ensure their readiness for immediate deployment for response and recovery activities.

(2) The personnel shall be enrolled as emergency responder volunteers in accordance with § 12-75-129 , and shall be eligible for immunities and exemptions in accordance with § 12-75-128 and workers' compensation benefits in accordance with § 12-75-129 .

(b) The division shall establish an administrative management system to recruit and maintain qualified personnel and establish a fiscal management system to ensure prompt and reasonable reimbursement of authorized expenses.

(c) Persons recruited for the cadre may provide, but are not limited to providing, services in disaster application centers, disaster field offices, disaster survey teams, and fixed or mobile emergency operating centers and communications facilities, and may utilize other specific skills for which they may qualify or be trained to assume.

(d) Members are subject to deployment within the State of Arkansas and may, upon invocation of mutual aid agreements with other states, accompany state employees at host state or federal expense on out-of-state services.

(e) When called into active service by the Director of the Division of Emergency Management, members of the cadre shall be under the operational and administrative management of the division and such employees of that office who may be designated to supervise their duties.

(f) (1) The director shall have the authority to immediately relieve members of the cadre for actual misconduct, perceived incompetence, or inability to perform their assigned duties. (2) When relieved by authority other than the director's, members shall have the right of appeal to the director for reinstatement.

(1) The director shall have the authority to immediately relieve members of the cadre for actual misconduct, perceived incompetence, or inability to perform their assigned duties.

(2) When relieved by authority other than the director's, members shall have the right of appeal to the director for reinstatement.

Amended by Act 2019, No. 910,§ 5916, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5915, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5914, eff. 7/1/2019.

Acts 1995, No. 115, § 4; 1995 No. 169, § 4; 1999, No. 646, §§ 51-53; 2009, No. 165, § 59.
Ark. Code Ann. § 12-27-111 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-111
Improvements
Status: in_force

(a) The Board of Corrections and the Secretary of the Department of Corrections shall decide what improvements are necessary, which are not otherwise provided by law. These improvements shall be made under the direction and supervision of the secretary. (b) In making any necessary improvements under the provisions of this section, if in his or her discretion it shall be deemed necessary, the secretary may employ the services of an engineer, draftsman, or architect to make such plans and specifications as may be necessary. Amended by Act 2021, No. 152,§ 3, eff. 7/28/2021. Acts 1893, No. 76, § 63, p. 121; C. & M. Dig., § 9717; Pope's Dig., § 12748; A.S.A. 1947, § 46-114.

(a) The Board of Corrections and the Secretary of the Department of Corrections shall decide what improvements are necessary, which are not otherwise provided by law. These improvements shall be made under the direction and supervision of the secretary.

(b) In making any necessary improvements under the provisions of this section, if in his or her discretion it shall be deemed necessary, the secretary may employ the services of an engineer, draftsman, or architect to make such plans and specifications as may be necessary.

Amended by Act 2021, No. 152,§ 3, eff. 7/28/2021.

Acts 1893, No. 76, § 63, p. 121; C. & M. Dig., § 9717; Pope's Dig., § 12748; A.S.A. 1947, § 46-114.
Ark. Code Ann. § 12-12-913 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-913
Disclosure
Status: in_force

(a) (1) Registration records maintained pursuant to this subchapter shall be open to any criminal justice agency in this state, the United States, or any other state. (2) Registration records may also be open to government agencies authorized by law to conduct confidential background checks. (3) Registration records shall be open to the Division of Medical Services of the Department of Human Services for Medicaid provider applicants under § 12-12-927 . (b) In accordance with guidelines promulgated by the Sex Offender Assessment Committee, local law enforcement agencies having jurisdiction shall disclose relevant and necessary information regarding sex offenders to the public when the disclosure of such information is necessary for public protection. (c) (1) (A) The Sex Offender Assessment Committee shall promulgate guidelines and procedures for the disclosure of relevant and necessary information regarding sex offenders to the public when the release of the information is necessary for public protection. (B) In developing the guidelines and procedures, the Sex Offender Assessment Committee shall consult with persons who, by experience or training, have a personal interest or professional expertise in law enforcement, crime prevention, victim advocacy, criminology, psychology, parole, post-release supervision, public education, and community relations. (2) (A) The guidelines and procedures shall identify factors relevant to a sex offender's future dangerousness and likelihood of reoffense or threat to the community. (B) The guidelines and procedures shall also address the extent of the information to be disclosed and the scope of the community to whom disclosure shall be made as these factors relate to the: (i) Level of the sex offender's dangerousness; (ii) Sex offender's pattern of offending behavior; and (iii) Need of community members for information to enhance their individual and collective safety. (3) The Sex Offender Assessment Committee shall submit the proposed guidelines and procedures to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor for their review and shall report to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor every six (6) months on the implementation of this section. (d) (1) A local law enforcement agency having jurisdiction that decides to disclose information pursuant to this section shall make a good faith effort to notify the public and residents at least fourteen (14) days before a sex offender is released or placed into the community. (2) If a change occurs in a sex offender's release plan, this notification provision shall not require an extension of the release date. (3) In conjunction with the notice provided under § 12-12-914 , the Division of Correction and the Department of Human Services shall make available to a local law enforcement agency having jurisdiction all information that the Division of Correction and the Department of Human Services have concerning the sex offender, including information on risk factors in the sex offender's history. (e) (1) A local law enforcement agency having jurisdiction that decides to disclose information under this section shall make a good faith effort to conceal the identity of the victim or victims of the sex offender's offense. (2) Except as provided in subsection (j) of this section, information under this section is not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (f) A local law enforcement agency having jurisdiction may continue to disclose information on a sex offender under this section for as long as the sex offender is required to be registered under this subchapter. (g) (1) The State Board of Education and the Career Education and Workforce Development Board shall promulgate guidelines for the disclosure to students and parents of information regarding a sex offender when such information is released to a local school district or institution of vocational training by a local law enforcement agency having jurisdiction. (2) The Arkansas Higher Education Coordinating Board shall promulgate guidelines for the disclosure to students of information regarding a sex offender when information regarding a sex offender is released to an institution of higher education by a local law enforcement agency having jurisdiction. (3) In accordance with guidelines promulgated by the State Board of Education, the board of directors of a local school district or institution of vocational training shall adopt a written policy regarding the distribution to students and parents of information regarding a sex offender. (4) In accordance with guidelines promulgated by the Arkansas Higher Education Coordinating Board, the board of directors of an institution of higher education shall adopt a written policy regarding the distribution to students of information regarding a sex offender. (h) Nothing in this section shall prevent a law enforcement officer from notifying members of the public about a person who may pose a danger to the public for a reason that is not enumerated in this subchapter. (i) The medical records or treatment evaluations of a sex offender or sexually dangerous person are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (j) (1) (A) The following information concerning a sex offender registered under this subchapter who is classified as a Level 3 or Level 4 offender by the Community Notification Assessment shall be made public: (i) The sex offender's complete name, as well as any alias; (ii) The sex offender's date of birth; (iii) Any sex offense to which the sex offender has pleaded guilty or nolo contendere or of which the sex offender has been found guilty by a court of competent jurisdiction; (iv) The physical address of the sex offender, including without limitation the street name, house number, apartment or unit number, county, city, and zip code where the sex offender resides; (v) The sex offender's race and gender; (vi) The date of the last address verification of the sex offender provided to the Arkansas Crime Information Center; (vii) The most recent photograph of the sex offender that has been submitted to the center; (viii) The sex offender's parole, post-release supervision, or probation office; (ix) The street name, block number, county, city, and zip code where the sex offender is employed; (x) Any institution of higher education in which the sex offender is enrolled; (xi) The vehicle identification number and license plate number of any vehicle the sex offender owns or operates; and (xii) A physical description of the sex offender. (B) If a sex offender registered under this subchapter was eighteen (18) years of age or older at the time of the commission of the sex offense that required registration under this subchapter and the victim of the sex offense was fourteen (14) years of age or younger and the sex offender is classified as a Level 2 offender by the Community Notification Assessment, the following information concerning the registered sex offender shall be made public: (i) The sex offender's complete name, as well as any alias; (ii) The sex offender's date of birth; (iii) Any sex offense to which the sex offender has pleaded guilty or nolo contendere or of which the sex offender has been found guilty by a court of competent jurisdiction; (iv) The physical address of the sex offender, including without limitation the street name, house number, apartment or unit number, county, city, and zip code where the sex offender resides; (v) The sex offender's race and gender; (vi) The date of the last address verification of the sex offender provided to the center; (vii) The most recent photograph of the sex offender that has been submitted to the center; (viii) The sex offender's parole or probation office; (ix) The street name, block number, county, city, and zip code where the sex offender is employed; (x) Any institution of higher education in which the sex offender is enrolled; (xi) The vehicle identification number and license plate number of any vehicle the sex offender owns or operates; and (xii) A physical description of the sex offender. (C) The center shall prepare and place the information described in subdivisions (j)(1)(A) and (B) of this section on the internet home page of the State of Arkansas. (2) The center may promulgate any rules necessary to implement and administer this subsection. (k) This subchapter shall not be interpreted to prohibit the posting on the internet or by other appropriate means of offender fact sheets or the physical description of the sex offender for those sex offenders who are determined to be: (1) High-risk or sexually dangerous persons, risk Level 3 and Level 4; or (2) In noncompliance with the requirements of registration under rules promulgated by the Sex Offender Assessment Committee. Amended by Act 2023, No. 659,§ 63, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 62, eff. 1/1/2024. Amended by Act 2023, No. 37,§ 1, eff. 2/9/2023. Amended by Act 2019, No. 315,§ 864, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 716, eff. 7/1/2019. Amended by Act 2017, No. 916,§ 9, eff. 8/1/2017. Amended by Act 2017, No. 916,§ 8, eff. 8/1/2017. Amended by Act 2013, No. 1504,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 508,§ 11, eff. 8/16/2013. Amended by Act 2013, No. 508,§ 10, eff. 8/16/2013. Amended by Act 2013, No. 505,§ 14, eff. 8/16/2013. Amended by Act 2013, No. 505,§ 13, eff. 8/16/2013. Amended by Act 2013, No. 505,§ 12, eff. 8/16/2013. Amended by Act 2013, No. 505,§ 11, eff. 8/16/2013. Acts 1997, No. 989, § 13; 1999, No. 1353, § 8; 2001, No. 1743, § 10; 2003, No. 330, §§ 1, 2; 2003 (2nd Ex. Sess.), No. 21, § 6; 2005, No. 1962, § 35; 2007, No. 147, § 1; 2007, No. 394, § 7; 2009, No. 165, § 7.

(a) (1) Registration records maintained pursuant to this subchapter shall be open to any criminal justice agency in this state, the United States, or any other state. (2) Registration records may also be open to government agencies authorized by law to conduct confidential background checks. (3) Registration records shall be open to the Division of Medical Services of the Department of Human Services for Medicaid provider applicants under § 12-12-927 .

(1) Registration records maintained pursuant to this subchapter shall be open to any criminal justice agency in this state, the United States, or any other state.

(2) Registration records may also be open to government agencies authorized by law to conduct confidential background checks.

(3) Registration records shall be open to the Division of Medical Services of the Department of Human Services for Medicaid provider applicants under § 12-12-927 .

(b) In accordance with guidelines promulgated by the Sex Offender Assessment Committee, local law enforcement agencies having jurisdiction shall disclose relevant and necessary information regarding sex offenders to the public when the disclosure of such information is necessary for public protection.

(c) (1) (A) The Sex Offender Assessment Committee shall promulgate guidelines and procedures for the disclosure of relevant and necessary information regarding sex offenders to the public when the release of the information is necessary for public protection. (B) In developing the guidelines and procedures, the Sex Offender Assessment Committee shall consult with persons who, by experience or training, have a personal interest or professional expertise in law enforcement, crime prevention, victim advocacy, criminology, psychology, parole, post-release supervision, public education, and community relations. (2) (A) The guidelines and procedures shall identify factors relevant to a sex offender's future dangerousness and likelihood of reoffense or threat to the community. (B) The guidelines and procedures shall also address the extent of the information to be disclosed and the scope of the community to whom disclosure shall be made as these factors relate to the: (i) Level of the sex offender's dangerousness; (ii) Sex offender's pattern of offending behavior; and (iii) Need of community members for information to enhance their individual and collective safety. (3) The Sex Offender Assessment Committee shall submit the proposed guidelines and procedures to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor for their review and shall report to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor every six (6) months on the implementation of this section.

(1) (A) The Sex Offender Assessment Committee shall promulgate guidelines and procedures for the disclosure of relevant and necessary information regarding sex offenders to the public when the release of the information is necessary for public protection. (B) In developing the guidelines and procedures, the Sex Offender Assessment Committee shall consult with persons who, by experience or training, have a personal interest or professional expertise in law enforcement, crime prevention, victim advocacy, criminology, psychology, parole, post-release supervision, public education, and community relations.

(A) The Sex Offender Assessment Committee shall promulgate guidelines and procedures for the disclosure of relevant and necessary information regarding sex offenders to the public when the release of the information is necessary for public protection.

(B) In developing the guidelines and procedures, the Sex Offender Assessment Committee shall consult with persons who, by experience or training, have a personal interest or professional expertise in law enforcement, crime prevention, victim advocacy, criminology, psychology, parole, post-release supervision, public education, and community relations.

(2) (A) The guidelines and procedures shall identify factors relevant to a sex offender's future dangerousness and likelihood of reoffense or threat to the community. (B) The guidelines and procedures shall also address the extent of the information to be disclosed and the scope of the community to whom disclosure shall be made as these factors relate to the: (i) Level of the sex offender's dangerousness; (ii) Sex offender's pattern of offending behavior; and (iii) Need of community members for information to enhance their individual and collective safety.

(A) The guidelines and procedures shall identify factors relevant to a sex offender's future dangerousness and likelihood of reoffense or threat to the community.

(B) The guidelines and procedures shall also address the extent of the information to be disclosed and the scope of the community to whom disclosure shall be made as these factors relate to the: (i) Level of the sex offender's dangerousness; (ii) Sex offender's pattern of offending behavior; and (iii) Need of community members for information to enhance their individual and collective safety.

(i) Level of the sex offender's dangerousness;

(ii) Sex offender's pattern of offending behavior; and

(iii) Need of community members for information to enhance their individual and collective safety.

(3) The Sex Offender Assessment Committee shall submit the proposed guidelines and procedures to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor for their review and shall report to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor every six (6) months on the implementation of this section.

(d) (1) A local law enforcement agency having jurisdiction that decides to disclose information pursuant to this section shall make a good faith effort to notify the public and residents at least fourteen (14) days before a sex offender is released or placed into the community. (2) If a change occurs in a sex offender's release plan, this notification provision shall not require an extension of the release date. (3) In conjunction with the notice provided under § 12-12-914 , the Division of Correction and the Department of Human Services shall make available to a local law enforcement agency having jurisdiction all information that the Division of Correction and the Department of Human Services have concerning the sex offender, including information on risk factors in the sex offender's history.

(1) A local law enforcement agency having jurisdiction that decides to disclose information pursuant to this section shall make a good faith effort to notify the public and residents at least fourteen (14) days before a sex offender is released or placed into the community.

(2) If a change occurs in a sex offender's release plan, this notification provision shall not require an extension of the release date.

(3) In conjunction with the notice provided under § 12-12-914 , the Division of Correction and the Department of Human Services shall make available to a local law enforcement agency having jurisdiction all information that the Division of Correction and the Department of Human Services have concerning the sex offender, including information on risk factors in the sex offender's history.

(e) (1) A local law enforcement agency having jurisdiction that decides to disclose information under this section shall make a good faith effort to conceal the identity of the victim or victims of the sex offender's offense. (2) Except as provided in subsection (j) of this section, information under this section is not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) A local law enforcement agency having jurisdiction that decides to disclose information under this section shall make a good faith effort to conceal the identity of the victim or victims of the sex offender's offense.

(2) Except as provided in subsection (j) of this section, information under this section is not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(f) A local law enforcement agency having jurisdiction may continue to disclose information on a sex offender under this section for as long as the sex offender is required to be registered under this subchapter.

(g) (1) The State Board of Education and the Career Education and Workforce Development Board shall promulgate guidelines for the disclosure to students and parents of information regarding a sex offender when such information is released to a local school district or institution of vocational training by a local law enforcement agency having jurisdiction. (2) The Arkansas Higher Education Coordinating Board shall promulgate guidelines for the disclosure to students of information regarding a sex offender when information regarding a sex offender is released to an institution of higher education by a local law enforcement agency having jurisdiction. (3) In accordance with guidelines promulgated by the State Board of Education, the board of directors of a local school district or institution of vocational training shall adopt a written policy regarding the distribution to students and parents of information regarding a sex offender. (4) In accordance with guidelines promulgated by the Arkansas Higher Education Coordinating Board, the board of directors of an institution of higher education shall adopt a written policy regarding the distribution to students of information regarding a sex offender.

(1) The State Board of Education and the Career Education and Workforce Development Board shall promulgate guidelines for the disclosure to students and parents of information regarding a sex offender when such information is released to a local school district or institution of vocational training by a local law enforcement agency having jurisdiction.

(2) The Arkansas Higher Education Coordinating Board shall promulgate guidelines for the disclosure to students of information regarding a sex offender when information regarding a sex offender is released to an institution of higher education by a local law enforcement agency having jurisdiction.

(3) In accordance with guidelines promulgated by the State Board of Education, the board of directors of a local school district or institution of vocational training shall adopt a written policy regarding the distribution to students and parents of information regarding a sex offender.

(4) In accordance with guidelines promulgated by the Arkansas Higher Education Coordinating Board, the board of directors of an institution of higher education shall adopt a written policy regarding the distribution to students of information regarding a sex offender.

(h) Nothing in this section shall prevent a law enforcement officer from notifying members of the public about a person who may pose a danger to the public for a reason that is not enumerated in this subchapter.

(i) The medical records or treatment evaluations of a sex offender or sexually dangerous person are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(j) (1) (A) The following information concerning a sex offender registered under this subchapter who is classified as a Level 3 or Level 4 offender by the Community Notification Assessment shall be made public: (i) The sex offender's complete name, as well as any alias; (ii) The sex offender's date of birth; (iii) Any sex offense to which the sex offender has pleaded guilty or nolo contendere or of which the sex offender has been found guilty by a court of competent jurisdiction; (iv) The physical address of the sex offender, including without limitation the street name, house number, apartment or unit number, county, city, and zip code where the sex offender resides; (v) The sex offender's race and gender; (vi) The date of the last address verification of the sex offender provided to the Arkansas Crime Information Center; (vii) The most recent photograph of the sex offender that has been submitted to the center; (viii) The sex offender's parole, post-release supervision, or probation office; (ix) The street name, block number, county, city, and zip code where the sex offender is employed; (x) Any institution of higher education in which the sex offender is enrolled; (xi) The vehicle identification number and license plate number of any vehicle the sex offender owns or operates; and (xii) A physical description of the sex offender. (B) If a sex offender registered under this subchapter was eighteen (18) years of age or older at the time of the commission of the sex offense that required registration under this subchapter and the victim of the sex offense was fourteen (14) years of age or younger and the sex offender is classified as a Level 2 offender by the Community Notification Assessment, the following information concerning the registered sex offender shall be made public: (i) The sex offender's complete name, as well as any alias; (ii) The sex offender's date of birth; (iii) Any sex offense to which the sex offender has pleaded guilty or nolo contendere or of which the sex offender has been found guilty by a court of competent jurisdiction; (iv) The physical address of the sex offender, including without limitation the street name, house number, apartment or unit number, county, city, and zip code where the sex offender resides; (v) The sex offender's race and gender; (vi) The date of the last address verification of the sex offender provided to the center; (vii) The most recent photograph of the sex offender that has been submitted to the center; (viii) The sex offender's parole or probation office; (ix) The street name, block number, county, city, and zip code where the sex offender is employed; (x) Any institution of higher education in which the sex offender is enrolled; (xi) The vehicle identification number and license plate number of any vehicle the sex offender owns or operates; and (xii) A physical description of the sex offender. (C) The center shall prepare and place the information described in subdivisions (j)(1)(A) and (B) of this section on the internet home page of the State of Arkansas. (2) The center may promulgate any rules necessary to implement and administer this subsection.

(1) (A) The following information concerning a sex offender registered under this subchapter who is classified as a Level 3 or Level 4 offender by the Community Notification Assessment shall be made public: (i) The sex offender's complete name, as well as any alias; (ii) The sex offender's date of birth; (iii) Any sex offense to which the sex offender has pleaded guilty or nolo contendere or of which the sex offender has been found guilty by a court of competent jurisdiction; (iv) The physical address of the sex offender, including without limitation the street name, house number, apartment or unit number, county, city, and zip code where the sex offender resides; (v) The sex offender's race and gender; (vi) The date of the last address verification of the sex offender provided to the Arkansas Crime Information Center; (vii) The most recent photograph of the sex offender that has been submitted to the center; (viii) The sex offender's parole, post-release supervision, or probation office; (ix) The street name, block number, county, city, and zip code where the sex offender is employed; (x) Any institution of higher education in which the sex offender is enrolled; (xi) The vehicle identification number and license plate number of any vehicle the sex offender owns or operates; and (xii) A physical description of the sex offender. (B) If a sex offender registered under this subchapter was eighteen (18) years of age or older at the time of the commission of the sex offense that required registration under this subchapter and the victim of the sex offense was fourteen (14) years of age or younger and the sex offender is classified as a Level 2 offender by the Community Notification Assessment, the following information concerning the registered sex offender shall be made public: (i) The sex offender's complete name, as well as any alias; (ii) The sex offender's date of birth; (iii) Any sex offense to which the sex offender has pleaded guilty or nolo contendere or of which the sex offender has been found guilty by a court of competent jurisdiction; (iv) The physical address of the sex offender, including without limitation the street name, house number, apartment or unit number, county, city, and zip code where the sex offender resides; (v) The sex offender's race and gender; (vi) The date of the last address verification of the sex offender provided to the center; (vii) The most recent photograph of the sex offender that has been submitted to the center; (viii) The sex offender's parole or probation office; (ix) The street name, block number, county, city, and zip code where the sex offender is employed; (x) Any institution of higher education in which the sex offender is enrolled; (xi) The vehicle identification number and license plate number of any vehicle the sex offender owns or operates; and (xii) A physical description of the sex offender. (C) The center shall prepare and place the information described in subdivisions (j)(1)(A) and (B) of this section on the internet home page of the State of Arkansas.

(A) The following information concerning a sex offender registered under this subchapter who is classified as a Level 3 or Level 4 offender by the Community Notification Assessment shall be made public: (i) The sex offender's complete name, as well as any alias; (ii) The sex offender's date of birth; (iii) Any sex offense to which the sex offender has pleaded guilty or nolo contendere or of which the sex offender has been found guilty by a court of competent jurisdiction; (iv) The physical address of the sex offender, including without limitation the street name, house number, apartment or unit number, county, city, and zip code where the sex offender resides; (v) The sex offender's race and gender; (vi) The date of the last address verification of the sex offender provided to the Arkansas Crime Information Center; (vii) The most recent photograph of the sex offender that has been submitted to the center; (viii) The sex offender's parole, post-release supervision, or probation office; (ix) The street name, block number, county, city, and zip code where the sex offender is employed; (x) Any institution of higher education in which the sex offender is enrolled; (xi) The vehicle identification number and license plate number of any vehicle the sex offender owns or operates; and (xii) A physical description of the sex offender.

(i) The sex offender's complete name, as well as any alias;

(ii) The sex offender's date of birth;

(iii) Any sex offense to which the sex offender has pleaded guilty or nolo contendere or of which the sex offender has been found guilty by a court of competent jurisdiction;

(iv) The physical address of the sex offender, including without limitation the street name, house number, apartment or unit number, county, city, and zip code where the sex offender resides;

(v) The sex offender's race and gender;

(vi) The date of the last address verification of the sex offender provided to the Arkansas Crime Information Center;

(vii) The most recent photograph of the sex offender that has been submitted to the center;

(viii) The sex offender's parole, post-release supervision, or probation office;

(ix) The street name, block number, county, city, and zip code where the sex offender is employed;

(x) Any institution of higher education in which the sex offender is enrolled;

(xi) The vehicle identification number and license plate number of any vehicle the sex offender owns or operates; and

(xii) A physical description of the sex offender.

(B) If a sex offender registered under this subchapter was eighteen (18) years of age or older at the time of the commission of the sex offense that required registration under this subchapter and the victim of the sex offense was fourteen (14) years of age or younger and the sex offender is classified as a Level 2 offender by the Community Notification Assessment, the following information concerning the registered sex offender shall be made public: (i) The sex offender's complete name, as well as any alias; (ii) The sex offender's date of birth; (iii) Any sex offense to which the sex offender has pleaded guilty or nolo contendere or of which the sex offender has been found guilty by a court of competent jurisdiction; (iv) The physical address of the sex offender, including without limitation the street name, house number, apartment or unit number, county, city, and zip code where the sex offender resides; (v) The sex offender's race and gender; (vi) The date of the last address verification of the sex offender provided to the center; (vii) The most recent photograph of the sex offender that has been submitted to the center; (viii) The sex offender's parole or probation office; (ix) The street name, block number, county, city, and zip code where the sex offender is employed; (x) Any institution of higher education in which the sex offender is enrolled; (xi) The vehicle identification number and license plate number of any vehicle the sex offender owns or operates; and (xii) A physical description of the sex offender.

(i) The sex offender's complete name, as well as any alias;

(ii) The sex offender's date of birth;

(iii) Any sex offense to which the sex offender has pleaded guilty or nolo contendere or of which the sex offender has been found guilty by a court of competent jurisdiction;

(iv) The physical address of the sex offender, including without limitation the street name, house number, apartment or unit number, county, city, and zip code where the sex offender resides;

(v) The sex offender's race and gender;

(vi) The date of the last address verification of the sex offender provided to the center;

(vii) The most recent photograph of the sex offender that has been submitted to the center;

(viii) The sex offender's parole or probation office;

(ix) The street name, block number, county, city, and zip code where the sex offender is employed;

(x) Any institution of higher education in which the sex offender is enrolled;

(xi) The vehicle identification number and license plate number of any vehicle the sex offender owns or operates; and

(xii) A physical description of the sex offender.

(C) The center shall prepare and place the information described in subdivisions (j)(1)(A) and (B) of this section on the internet home page of the State of Arkansas.

(2) The center may promulgate any rules necessary to implement and administer this subsection.

(k) This subchapter shall not be interpreted to prohibit the posting on the internet or by other appropriate means of offender fact sheets or the physical description of the sex offender for those sex offenders who are determined to be: (1) High-risk or sexually dangerous persons, risk Level 3 and Level 4; or (2) In noncompliance with the requirements of registration under rules promulgated by the Sex Offender Assessment Committee.

(1) High-risk or sexually dangerous persons, risk Level 3 and Level 4; or

(2) In noncompliance with the requirements of registration under rules promulgated by the Sex Offender Assessment Committee.

Amended by Act 2023, No. 659,§ 63, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 62, eff. 1/1/2024.

Amended by Act 2023, No. 37,§ 1, eff. 2/9/2023.

Amended by Act 2019, No. 315,§ 864, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 716, eff. 7/1/2019.

Amended by Act 2017, No. 916,§ 9, eff. 8/1/2017.

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

Amended by Act 2013, No. 1504,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 508,§ 11, eff. 8/16/2013.

Amended by Act 2013, No. 508,§ 10, eff. 8/16/2013.

Amended by Act 2013, No. 505,§ 14, eff. 8/16/2013.

Amended by Act 2013, No. 505,§ 13, eff. 8/16/2013.

Amended by Act 2013, No. 505,§ 12, eff. 8/16/2013.

Amended by Act 2013, No. 505,§ 11, eff. 8/16/2013.

Acts 1997, No. 989, § 13; 1999, No. 1353, § 8; 2001, No. 1743, § 10; 2003, No. 330, §§ 1, 2; 2003 (2nd Ex. Sess.), No. 21, § 6; 2005, No. 1962, § 35; 2007, No. 147, § 1; 2007, No. 394, § 7; 2009, No. 165, § 7.
Ark. Code Ann. § 12-27-147 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-147
Rulemaking and administrative directive reporting requirement
Status: in_force

(a) A rule implemented by the Board of Corrections, Division of Correction, Division of Community Correction, or the Post-Prison Transfer Board pertaining to this act shall be approved by the appropriate legislative committee before becoming effective. (b) Any administrative directive or board policy pertaining to this act implemented by the Board of Corrections, the Division of Correction, the Division of Community Correction, or the Post-Prison Transfer Board shall be reported to the Legislative Council. Amended by Act 2023, No. 659,§ 97, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 768, eff. 7/1/2019. Added by Act 2015, No. 1265,§ 9, eff. 4/8/2015.

(a) A rule implemented by the Board of Corrections, Division of Correction, Division of Community Correction, or the Post-Prison Transfer Board pertaining to this act shall be approved by the appropriate legislative committee before becoming effective.

(b) Any administrative directive or board policy pertaining to this act implemented by the Board of Corrections, the Division of Correction, the Division of Community Correction, or the Post-Prison Transfer Board shall be reported to the Legislative Council.

Amended by Act 2023, No. 659,§ 97, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 768, eff. 7/1/2019.

Added by Act 2015, No. 1265,§ 9, eff. 4/8/2015.
Ark. Code Ann. § 12-29-801 — AR Code / Title 12 / Chapter 29 / Subchapter 8 / Section 12-29-801
Mother-newborn child bonding for inmates
Status: in_force

(a) The Department of Corrections shall coordinate with healthcare providers or community-based providers, or both, to develop a custody and care plan that allows an inmate who has given birth to remain with her newborn child during the period authorized by this section. (b) Following the delivery of a newborn child by an inmate, the department shall permit the inmate to remain with her newborn child for at least seventy-two (72) hours unless: (1) A medical or behavioral health provider has a reasonable belief that remaining with the inmate poses a health or safety risk to the newborn child; or (2) Allowing the inmate to remain with her newborn child poses a substantial flight risk or substantial risk of physical injury to another person. (c) (1) The bonding period required under this section is subject to availability of adequate housing in hospitals or community-based housing. (2) A correctional facility is not required to house a newborn child with the inmate at the correctional facility. Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.

(a) The Department of Corrections shall coordinate with healthcare providers or community-based providers, or both, to develop a custody and care plan that allows an inmate who has given birth to remain with her newborn child during the period authorized by this section.

(b) Following the delivery of a newborn child by an inmate, the department shall permit the inmate to remain with her newborn child for at least seventy-two (72) hours unless: (1) A medical or behavioral health provider has a reasonable belief that remaining with the inmate poses a health or safety risk to the newborn child; or (2) Allowing the inmate to remain with her newborn child poses a substantial flight risk or substantial risk of physical injury to another person.

(1) A medical or behavioral health provider has a reasonable belief that remaining with the inmate poses a health or safety risk to the newborn child; or

(2) Allowing the inmate to remain with her newborn child poses a substantial flight risk or substantial risk of physical injury to another person.

(c) (1) The bonding period required under this section is subject to availability of adequate housing in hospitals or community-based housing. (2) A correctional facility is not required to house a newborn child with the inmate at the correctional facility.

(1) The bonding period required under this section is subject to availability of adequate housing in hospitals or community-based housing.

(2) A correctional facility is not required to house a newborn child with the inmate at the correctional facility.

Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.
Ark. Code Ann. § 12-12-1003 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1003
Scope
Status: in_force

(a) This subchapter governs the: (1) Collection, maintenance, and dissemination of criminal history information on identifiable individuals charged with or pleading guilty or nolo contendere to, or being found guilty of, criminal offenses under the laws of the State of Arkansas; and (2) Dissemination of juvenile aftercare and custody information. (b) (1) Except as provided in subdivision (b)(2) of this section, the Arkansas Crime Information Center may issue rules and implement this subchapter. (2) The State Crime Laboratory may promulgate rules to implement the provisions of this subchapter relating to the collection, maintenance, dissemination, removal, or destruction of DNA samples or DNA records. (c) The reporting requirements of this subchapter apply to prosecuting attorneys, judges, and law enforcement, court, probation, correction, parole, and post-release supervision officials within the limits defined in §§ 12-12-1006 and 12-12-1007 . (d) This subchapter does not apply to records of traffic offenses, including misdemeanor offenses of driving while intoxicated, maintained by the Department of Finance and Administration. (e) Criminal history information collected and maintained by the center is not considered public record information within the intent and meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq. Amended by Act 2023, No. 659,§ 71, eff. 1/1/2024. Acts 1993, No. 1109, § 2; 2001, No. 1048, § 2; 2009, No. 974, § 4.

(a) This subchapter governs the: (1) Collection, maintenance, and dissemination of criminal history information on identifiable individuals charged with or pleading guilty or nolo contendere to, or being found guilty of, criminal offenses under the laws of the State of Arkansas; and (2) Dissemination of juvenile aftercare and custody information.

(1) Collection, maintenance, and dissemination of criminal history information on identifiable individuals charged with or pleading guilty or nolo contendere to, or being found guilty of, criminal offenses under the laws of the State of Arkansas; and

(2) Dissemination of juvenile aftercare and custody information.

(b) (1) Except as provided in subdivision (b)(2) of this section, the Arkansas Crime Information Center may issue rules and implement this subchapter. (2) The State Crime Laboratory may promulgate rules to implement the provisions of this subchapter relating to the collection, maintenance, dissemination, removal, or destruction of DNA samples or DNA records.

(1) Except as provided in subdivision (b)(2) of this section, the Arkansas Crime Information Center may issue rules and implement this subchapter.

(2) The State Crime Laboratory may promulgate rules to implement the provisions of this subchapter relating to the collection, maintenance, dissemination, removal, or destruction of DNA samples or DNA records.

(c) The reporting requirements of this subchapter apply to prosecuting attorneys, judges, and law enforcement, court, probation, correction, parole, and post-release supervision officials within the limits defined in §§ 12-12-1006 and 12-12-1007 .

(d) This subchapter does not apply to records of traffic offenses, including misdemeanor offenses of driving while intoxicated, maintained by the Department of Finance and Administration.

(e) Criminal history information collected and maintained by the center is not considered public record information within the intent and meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq.

Amended by Act 2023, No. 659,§ 71, eff. 1/1/2024.

Acts 1993, No. 1109, § 2; 2001, No. 1048, § 2; 2009, No. 974, § 4.
Ark. Code Ann. § 12-18-1007 — AR Code / Title 12 / Chapter 18 / Subchapter 10 / Section 12-18-1007
Services to families generally
Status: in_force

(a) The Department of Human Services shall have the authority to make referrals or provide services during the course of a child maltreatment investigation. (b) Any family may request supportive services from the department. (c) Supportive services shall be offered for the purpose of preventing child maltreatment. Acts 2009, No. 749, § 1.

(a) The Department of Human Services shall have the authority to make referrals or provide services during the course of a child maltreatment investigation.

(b) Any family may request supportive services from the department.

(c) Supportive services shall be offered for the purpose of preventing child maltreatment.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-30-407 — AR Code / Title 12 / Chapter 30 / Subchapter 4 / Section 12-30-407
Housing of participants
Status: in_force

(a) (1) (A) The Board of Corrections may promulgate rules to allow the proper classification of inmates to be released to the county sheriffs of approved jail facilities or chiefs of police or other authorized law enforcement officers of city-operated approved jail facilities or community correction centers outside the Division of Correction. (B) (i) Inmates shall be interviewed to develop a classification of each inmate's skills, work experiences, job background, and education. (ii) Inmates shall work at jobs under this section that directly benefit approved jail facilities or a political subdivision, or may assist a political subdivision in supporting or working with a nonprofit organization with a chapter, committee, or other governing body that is based in the county, that are related to a particular inmate's background classification, and in which the inmates are under supervision at all times. (2) (A) (i) County sheriffs, chiefs of police, or other authorized law enforcement officers of approved jail facilities may request assignment of inmates to their approved jail facilities to perform particular jobs for the approved jail facilities or for a political subdivision, or to assist a political subdivision in supporting or working with a nonprofit organization with a chapter, committee, or other governing body that is based in the county, when the jobs or assistance are in a particular area of need of the approved jail facilities, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county. (ii) The division shall review the requests and shall submit a list of inmates with appropriate skills or backgrounds for the particular job needs of the approved jail facility, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county that is being provided assistance by a political subdivision, in accordance with the division's classification of inmates' skills and backgrounds. (iii) County sheriffs, chiefs of police, or other authorized law enforcement officers shall choose inmates from the submitted list who are appropriate for the needs of the approved jail facilities, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county that is being provided assistance by a political subdivision. (B) County sheriffs, chiefs of police, or other authorized law enforcement officers of approved jail facilities shall not request the assignment of a particular inmate to an approved jail facility, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county, and may refuse the assignment of a particular inmate. (3) (A) An inmate shall not be released to a county sheriff, chief of police, or other authorized law enforcement officer of an approved jail facility under this section until notification of the release is first sent to the county sheriff of the county from which the inmate was tried and convicted, the prosecuting attorney's office that prosecuted the inmate, and, upon a written request, to the victim or victim's family. (B) Notification of the victim or victim's family shall be done by mail to the last known address supplied to the division in accordance with division policies. (4) (A) Inmates released under this section shall be entitled to credit on their sentences under the meritorious classification system of the division. (B) However, no inmate shall be eligible to be released to the county sheriff, chief of police, or other authorized law enforcement officer of an approved jail facility unless the inmate is within forty-five (45) months of his or her first parole eligibility date or his or her first post prison transfer eligibility date, unless: (i) The inmate is returning to the county from which he or she was tried and convicted and the victim or victim's immediate family, if residing in the county from which the inmate was tried and convicted, has been notified of the inmate's return; or (ii) (a) If the inmate is released to a county other than a county from which he or she was tried and convicted, the county sheriff of the county from which he or she was tried and convicted shall be notified as provided in subdivision (a)(3)(A) of this section. (b) (1) Unless the county sheriff responds within fifteen (15) days of notification that he or she disapproves of the transfer, the inmate may be transferred as provided in this section. (2) If the county sheriff disapproves of the transfer and an inmate becomes eligible to be released again, the notifications required by subdivision (a)(3) of this section shall be made again. (b) (1) The number of persons on prerelease, work-release, and other rehabilitative programs that may be housed at the Arkansas Health Center shall not exceed a number appropriate to maintain the security and good order of the center. (2) However, with the approval of the Department of Human Services State Institutional System Board and the Administrator of the Arkansas Health Center, a maximum number of persons on prerelease, work-release, and other rehabilitative programs to be housed at the center may be established by the Board of Corrections. Amended by Act 2019, No. 910,§ 835, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 834, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 833, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 832, eff. 7/1/2019. Amended by Act 2017, No. 444,§ 1, eff. 3/9/2017. Acts 1968 (1st Ex. Sess.), No. 50, § 9; 1971, No. 465, § 1; 1977, No. 482, § 5; 1977, No. 948, § 20; 1981, No. 58, § 2; 1983, No. 309, §§ 1, 2; 1983, No. 440, § 1; 1983, No. 814, § 1; A.S.A. 1947, §§ 46-117, 46-117.2, 46-117.3; Acts 1991, No. 287, § 1; 1991, No. 1112, § 1; 1993, No. 532, § 8; 1993, No. 550, § 8; 1995, No. 1188, §§ 1, 2; 1997, No. 115, § 1; 1997, No. 936, § 1; 1997, No. 1271, § 1; 2001, No. 152, § 1; 2001, No. 1402, § 1; 2011, No. 183, § 1.

(a) (1) (A) The Board of Corrections may promulgate rules to allow the proper classification of inmates to be released to the county sheriffs of approved jail facilities or chiefs of police or other authorized law enforcement officers of city-operated approved jail facilities or community correction centers outside the Division of Correction. (B) (i) Inmates shall be interviewed to develop a classification of each inmate's skills, work experiences, job background, and education. (ii) Inmates shall work at jobs under this section that directly benefit approved jail facilities or a political subdivision, or may assist a political subdivision in supporting or working with a nonprofit organization with a chapter, committee, or other governing body that is based in the county, that are related to a particular inmate's background classification, and in which the inmates are under supervision at all times. (2) (A) (i) County sheriffs, chiefs of police, or other authorized law enforcement officers of approved jail facilities may request assignment of inmates to their approved jail facilities to perform particular jobs for the approved jail facilities or for a political subdivision, or to assist a political subdivision in supporting or working with a nonprofit organization with a chapter, committee, or other governing body that is based in the county, when the jobs or assistance are in a particular area of need of the approved jail facilities, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county. (ii) The division shall review the requests and shall submit a list of inmates with appropriate skills or backgrounds for the particular job needs of the approved jail facility, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county that is being provided assistance by a political subdivision, in accordance with the division's classification of inmates' skills and backgrounds. (iii) County sheriffs, chiefs of police, or other authorized law enforcement officers shall choose inmates from the submitted list who are appropriate for the needs of the approved jail facilities, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county that is being provided assistance by a political subdivision. (B) County sheriffs, chiefs of police, or other authorized law enforcement officers of approved jail facilities shall not request the assignment of a particular inmate to an approved jail facility, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county, and may refuse the assignment of a particular inmate. (3) (A) An inmate shall not be released to a county sheriff, chief of police, or other authorized law enforcement officer of an approved jail facility under this section until notification of the release is first sent to the county sheriff of the county from which the inmate was tried and convicted, the prosecuting attorney's office that prosecuted the inmate, and, upon a written request, to the victim or victim's family. (B) Notification of the victim or victim's family shall be done by mail to the last known address supplied to the division in accordance with division policies. (4) (A) Inmates released under this section shall be entitled to credit on their sentences under the meritorious classification system of the division. (B) However, no inmate shall be eligible to be released to the county sheriff, chief of police, or other authorized law enforcement officer of an approved jail facility unless the inmate is within forty-five (45) months of his or her first parole eligibility date or his or her first post prison transfer eligibility date, unless: (i) The inmate is returning to the county from which he or she was tried and convicted and the victim or victim's immediate family, if residing in the county from which the inmate was tried and convicted, has been notified of the inmate's return; or (ii) (a) If the inmate is released to a county other than a county from which he or she was tried and convicted, the county sheriff of the county from which he or she was tried and convicted shall be notified as provided in subdivision (a)(3)(A) of this section. (b) (1) Unless the county sheriff responds within fifteen (15) days of notification that he or she disapproves of the transfer, the inmate may be transferred as provided in this section. (2) If the county sheriff disapproves of the transfer and an inmate becomes eligible to be released again, the notifications required by subdivision (a)(3) of this section shall be made again.

(1) (A) The Board of Corrections may promulgate rules to allow the proper classification of inmates to be released to the county sheriffs of approved jail facilities or chiefs of police or other authorized law enforcement officers of city-operated approved jail facilities or community correction centers outside the Division of Correction. (B) (i) Inmates shall be interviewed to develop a classification of each inmate's skills, work experiences, job background, and education. (ii) Inmates shall work at jobs under this section that directly benefit approved jail facilities or a political subdivision, or may assist a political subdivision in supporting or working with a nonprofit organization with a chapter, committee, or other governing body that is based in the county, that are related to a particular inmate's background classification, and in which the inmates are under supervision at all times.

(A) The Board of Corrections may promulgate rules to allow the proper classification of inmates to be released to the county sheriffs of approved jail facilities or chiefs of police or other authorized law enforcement officers of city-operated approved jail facilities or community correction centers outside the Division of Correction.

(B) (i) Inmates shall be interviewed to develop a classification of each inmate's skills, work experiences, job background, and education. (ii) Inmates shall work at jobs under this section that directly benefit approved jail facilities or a political subdivision, or may assist a political subdivision in supporting or working with a nonprofit organization with a chapter, committee, or other governing body that is based in the county, that are related to a particular inmate's background classification, and in which the inmates are under supervision at all times.

(i) Inmates shall be interviewed to develop a classification of each inmate's skills, work experiences, job background, and education.

(ii) Inmates shall work at jobs under this section that directly benefit approved jail facilities or a political subdivision, or may assist a political subdivision in supporting or working with a nonprofit organization with a chapter, committee, or other governing body that is based in the county, that are related to a particular inmate's background classification, and in which the inmates are under supervision at all times.

(2) (A) (i) County sheriffs, chiefs of police, or other authorized law enforcement officers of approved jail facilities may request assignment of inmates to their approved jail facilities to perform particular jobs for the approved jail facilities or for a political subdivision, or to assist a political subdivision in supporting or working with a nonprofit organization with a chapter, committee, or other governing body that is based in the county, when the jobs or assistance are in a particular area of need of the approved jail facilities, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county. (ii) The division shall review the requests and shall submit a list of inmates with appropriate skills or backgrounds for the particular job needs of the approved jail facility, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county that is being provided assistance by a political subdivision, in accordance with the division's classification of inmates' skills and backgrounds. (iii) County sheriffs, chiefs of police, or other authorized law enforcement officers shall choose inmates from the submitted list who are appropriate for the needs of the approved jail facilities, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county that is being provided assistance by a political subdivision. (B) County sheriffs, chiefs of police, or other authorized law enforcement officers of approved jail facilities shall not request the assignment of a particular inmate to an approved jail facility, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county, and may refuse the assignment of a particular inmate.

(A) (i) County sheriffs, chiefs of police, or other authorized law enforcement officers of approved jail facilities may request assignment of inmates to their approved jail facilities to perform particular jobs for the approved jail facilities or for a political subdivision, or to assist a political subdivision in supporting or working with a nonprofit organization with a chapter, committee, or other governing body that is based in the county, when the jobs or assistance are in a particular area of need of the approved jail facilities, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county. (ii) The division shall review the requests and shall submit a list of inmates with appropriate skills or backgrounds for the particular job needs of the approved jail facility, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county that is being provided assistance by a political subdivision, in accordance with the division's classification of inmates' skills and backgrounds. (iii) County sheriffs, chiefs of police, or other authorized law enforcement officers shall choose inmates from the submitted list who are appropriate for the needs of the approved jail facilities, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county that is being provided assistance by a political subdivision.

(i) County sheriffs, chiefs of police, or other authorized law enforcement officers of approved jail facilities may request assignment of inmates to their approved jail facilities to perform particular jobs for the approved jail facilities or for a political subdivision, or to assist a political subdivision in supporting or working with a nonprofit organization with a chapter, committee, or other governing body that is based in the county, when the jobs or assistance are in a particular area of need of the approved jail facilities, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county.

(ii) The division shall review the requests and shall submit a list of inmates with appropriate skills or backgrounds for the particular job needs of the approved jail facility, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county that is being provided assistance by a political subdivision, in accordance with the division's classification of inmates' skills and backgrounds.

(iii) County sheriffs, chiefs of police, or other authorized law enforcement officers shall choose inmates from the submitted list who are appropriate for the needs of the approved jail facilities, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county that is being provided assistance by a political subdivision.

(B) County sheriffs, chiefs of police, or other authorized law enforcement officers of approved jail facilities shall not request the assignment of a particular inmate to an approved jail facility, political subdivision, or nonprofit organization with a chapter, committee, or other governing body that is based in the county, and may refuse the assignment of a particular inmate.

(3) (A) An inmate shall not be released to a county sheriff, chief of police, or other authorized law enforcement officer of an approved jail facility under this section until notification of the release is first sent to the county sheriff of the county from which the inmate was tried and convicted, the prosecuting attorney's office that prosecuted the inmate, and, upon a written request, to the victim or victim's family. (B) Notification of the victim or victim's family shall be done by mail to the last known address supplied to the division in accordance with division policies.

(A) An inmate shall not be released to a county sheriff, chief of police, or other authorized law enforcement officer of an approved jail facility under this section until notification of the release is first sent to the county sheriff of the county from which the inmate was tried and convicted, the prosecuting attorney's office that prosecuted the inmate, and, upon a written request, to the victim or victim's family.

(B) Notification of the victim or victim's family shall be done by mail to the last known address supplied to the division in accordance with division policies.

(4) (A) Inmates released under this section shall be entitled to credit on their sentences under the meritorious classification system of the division. (B) However, no inmate shall be eligible to be released to the county sheriff, chief of police, or other authorized law enforcement officer of an approved jail facility unless the inmate is within forty-five (45) months of his or her first parole eligibility date or his or her first post prison transfer eligibility date, unless: (i) The inmate is returning to the county from which he or she was tried and convicted and the victim or victim's immediate family, if residing in the county from which the inmate was tried and convicted, has been notified of the inmate's return; or (ii) (a) If the inmate is released to a county other than a county from which he or she was tried and convicted, the county sheriff of the county from which he or she was tried and convicted shall be notified as provided in subdivision (a)(3)(A) of this section. (b) (1) Unless the county sheriff responds within fifteen (15) days of notification that he or she disapproves of the transfer, the inmate may be transferred as provided in this section. (2) If the county sheriff disapproves of the transfer and an inmate becomes eligible to be released again, the notifications required by subdivision (a)(3) of this section shall be made again.

(A) Inmates released under this section shall be entitled to credit on their sentences under the meritorious classification system of the division.

(B) However, no inmate shall be eligible to be released to the county sheriff, chief of police, or other authorized law enforcement officer of an approved jail facility unless the inmate is within forty-five (45) months of his or her first parole eligibility date or his or her first post prison transfer eligibility date, unless: (i) The inmate is returning to the county from which he or she was tried and convicted and the victim or victim's immediate family, if residing in the county from which the inmate was tried and convicted, has been notified of the inmate's return; or (ii) (a) If the inmate is released to a county other than a county from which he or she was tried and convicted, the county sheriff of the county from which he or she was tried and convicted shall be notified as provided in subdivision (a)(3)(A) of this section. (b) (1) Unless the county sheriff responds within fifteen (15) days of notification that he or she disapproves of the transfer, the inmate may be transferred as provided in this section. (2) If the county sheriff disapproves of the transfer and an inmate becomes eligible to be released again, the notifications required by subdivision (a)(3) of this section shall be made again.

(i) The inmate is returning to the county from which he or she was tried and convicted and the victim or victim's immediate family, if residing in the county from which the inmate was tried and convicted, has been notified of the inmate's return; or

(ii) (a) If the inmate is released to a county other than a county from which he or she was tried and convicted, the county sheriff of the county from which he or she was tried and convicted shall be notified as provided in subdivision (a)(3)(A) of this section. (b) (1) Unless the county sheriff responds within fifteen (15) days of notification that he or she disapproves of the transfer, the inmate may be transferred as provided in this section. (2) If the county sheriff disapproves of the transfer and an inmate becomes eligible to be released again, the notifications required by subdivision (a)(3) of this section shall be made again.

(a) If the inmate is released to a county other than a county from which he or she was tried and convicted, the county sheriff of the county from which he or she was tried and convicted shall be notified as provided in subdivision (a)(3)(A) of this section.

(b) (1) Unless the county sheriff responds within fifteen (15) days of notification that he or she disapproves of the transfer, the inmate may be transferred as provided in this section. (2) If the county sheriff disapproves of the transfer and an inmate becomes eligible to be released again, the notifications required by subdivision (a)(3) of this section shall be made again.

(1) Unless the county sheriff responds within fifteen (15) days of notification that he or she disapproves of the transfer, the inmate may be transferred as provided in this section.

(2) If the county sheriff disapproves of the transfer and an inmate becomes eligible to be released again, the notifications required by subdivision (a)(3) of this section shall be made again.

(b) (1) The number of persons on prerelease, work-release, and other rehabilitative programs that may be housed at the Arkansas Health Center shall not exceed a number appropriate to maintain the security and good order of the center. (2) However, with the approval of the Department of Human Services State Institutional System Board and the Administrator of the Arkansas Health Center, a maximum number of persons on prerelease, work-release, and other rehabilitative programs to be housed at the center may be established by the Board of Corrections.

(1) The number of persons on prerelease, work-release, and other rehabilitative programs that may be housed at the Arkansas Health Center shall not exceed a number appropriate to maintain the security and good order of the center.

(2) However, with the approval of the Department of Human Services State Institutional System Board and the Administrator of the Arkansas Health Center, a maximum number of persons on prerelease, work-release, and other rehabilitative programs to be housed at the center may be established by the Board of Corrections.

Amended by Act 2019, No. 910,§ 835, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 834, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 833, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 832, eff. 7/1/2019.

Amended by Act 2017, No. 444,§ 1, eff. 3/9/2017.

Acts 1968 (1st Ex. Sess.), No. 50, § 9; 1971, No. 465, § 1; 1977, No. 482, § 5; 1977, No. 948, § 20; 1981, No. 58, § 2; 1983, No. 309, §§ 1, 2; 1983, No. 440, § 1; 1983, No. 814, § 1; A.S.A. 1947, §§ 46-117, 46-117.2, 46-117.3; Acts 1991, No. 287, § 1; 1991, No. 1112, § 1; 1993, No. 532, § 8; 1993, No. 550, § 8; 1995, No. 1188, §§ 1, 2; 1997, No. 115, § 1; 1997, No. 936, § 1; 1997, No. 1271, § 1; 2001, No. 152, § 1; 2001, No. 1402, § 1; 2011, No. 183, § 1.
Ark. Code Ann. § 12-29-118 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-118
Punitive isolation or solitary confinement of inmates who are minors - Definitions
Status: in_force

(a) As used in this section: (1) "Minor" means a person who is under eighteen (18) years of age; (2) "Punitive isolation" means the placement of a minor in a location that is separate from the general population as a punishment; and (3) "Solitary confinement" means the isolation of a minor in a cell separate from the general population as a punishment. (b) A minor who is an inmate at a state correctional facility shall not be placed in punitive isolation or solitary confinement as a disciplinary measure for more than twenty-four (24) hours unless the: (1) Placement of the minor in punitive isolation or solitary confinement is due to: (A) A physical or sexual assault committed by the minor while in the state correctional facility; (B) Conduct of the minor that poses a direct threat to the safety of a person or a clear threat to the safe and secure operation of the state correctional facility; or (C) The minor escaping or attempting to escape from the state correctional facility; and (2) (A) Warden of the state correctional facility or his or her designee provides written authorization to place the minor in punitive isolation or solitary confinement for more than twenty-four (24) hours. (B) The warden of the state correctional facility or his or her designee shall provide the written authorization described in subdivision (b)(2)(A) of this section for every twenty-four-hour period during which the minor remains in punitive isolation or solitary confinement after the initial twenty-four (24) hours. (c) The Board of Corrections shall retain the authority to govern and supervise the administration of the responsibilities of the board before July 24, 2019, including without limitation the administration of the state penal institutions under Arkansas Constitution, Amendment 33. Amended by Act 2021, No. 472,§ 7, eff. 7/28/2021. Added by Act 2019, No. 971,§ 2, eff. 7/24/2019.

(a) As used in this section: (1) "Minor" means a person who is under eighteen (18) years of age; (2) "Punitive isolation" means the placement of a minor in a location that is separate from the general population as a punishment; and (3) "Solitary confinement" means the isolation of a minor in a cell separate from the general population as a punishment.

(1) "Minor" means a person who is under eighteen (18) years of age;

(2) "Punitive isolation" means the placement of a minor in a location that is separate from the general population as a punishment; and

(3) "Solitary confinement" means the isolation of a minor in a cell separate from the general population as a punishment.

(b) A minor who is an inmate at a state correctional facility shall not be placed in punitive isolation or solitary confinement as a disciplinary measure for more than twenty-four (24) hours unless the: (1) Placement of the minor in punitive isolation or solitary confinement is due to: (A) A physical or sexual assault committed by the minor while in the state correctional facility; (B) Conduct of the minor that poses a direct threat to the safety of a person or a clear threat to the safe and secure operation of the state correctional facility; or (C) The minor escaping or attempting to escape from the state correctional facility; and (2) (A) Warden of the state correctional facility or his or her designee provides written authorization to place the minor in punitive isolation or solitary confinement for more than twenty-four (24) hours. (B) The warden of the state correctional facility or his or her designee shall provide the written authorization described in subdivision (b)(2)(A) of this section for every twenty-four-hour period during which the minor remains in punitive isolation or solitary confinement after the initial twenty-four (24) hours.

(1) Placement of the minor in punitive isolation or solitary confinement is due to: (A) A physical or sexual assault committed by the minor while in the state correctional facility; (B) Conduct of the minor that poses a direct threat to the safety of a person or a clear threat to the safe and secure operation of the state correctional facility; or (C) The minor escaping or attempting to escape from the state correctional facility; and

(A) A physical or sexual assault committed by the minor while in the state correctional facility;

(B) Conduct of the minor that poses a direct threat to the safety of a person or a clear threat to the safe and secure operation of the state correctional facility; or

(C) The minor escaping or attempting to escape from the state correctional facility; and

(2) (A) Warden of the state correctional facility or his or her designee provides written authorization to place the minor in punitive isolation or solitary confinement for more than twenty-four (24) hours. (B) The warden of the state correctional facility or his or her designee shall provide the written authorization described in subdivision (b)(2)(A) of this section for every twenty-four-hour period during which the minor remains in punitive isolation or solitary confinement after the initial twenty-four (24) hours.

(A) Warden of the state correctional facility or his or her designee provides written authorization to place the minor in punitive isolation or solitary confinement for more than twenty-four (24) hours.

(B) The warden of the state correctional facility or his or her designee shall provide the written authorization described in subdivision (b)(2)(A) of this section for every twenty-four-hour period during which the minor remains in punitive isolation or solitary confinement after the initial twenty-four (24) hours.

(c) The Board of Corrections shall retain the authority to govern and supervise the administration of the responsibilities of the board before July 24, 2019, including without limitation the administration of the state penal institutions under Arkansas Constitution, Amendment 33.

Amended by Act 2021, No. 472,§ 7, eff. 7/28/2021.

Added by Act 2019, No. 971,§ 2, eff. 7/24/2019.