Ark. Code Ann. § 12-9-209 — AR Code / Title 12 / Chapter 9 / Subchapter 2 / Section 12-9-209
Reimbursement for training costs or expenses
Status: in_force

(a) (1) If a county, city, town, or state agency pays the costs or expenses for training a law enforcement officer at a state-funded or municipally operated law enforcement training academy and another county, city, town, or state agency employs that law enforcement officer within eighteen (18) months after completion of the training in a position requiring a certificate of training from a state-funded or municipally operated law enforcement training academy, the county, city, town, or state agency that employs the law enforcement officer, at the time of employing the law enforcement officer, shall reimburse the county, city, town, or state agency for all or a portion of the costs or expenses incurred by the county, city, town, or state agency for the training of the law enforcement officer at the state-funded or municipally operated law enforcement training academy, unless the law enforcement officer has been terminated by the county, city, town, or state agency that paid the costs or expenses of training, in which case no reimbursement is required from the county, city, town, or state agency employing the law enforcement officer. (2) Reimbursement may be sought only from the first county, city, town, or state agency that employed the law enforcement officer after the county, city, town, or state agency paid the costs or expenses of training. (3) Reimbursement shall include any salary, travel expenses, food, lodging, or other costs required to be paid by the county, city, town, or state agency, as follows: (A) If the law enforcement officer is employed within two (2) months after completion of the training, the employing agency shall reimburse the total of the costs or expenses of training; (B) If the law enforcement officer is employed more than two (2) months but not more than six (6) months after completion of the training, the employing agency shall reimburse eighty percent (80%) of the costs or expenses of training; (C) If the law enforcement officer is employed more than six (6) months but not more than ten (10) months after completion of the training, the employing agency shall reimburse sixty percent (60%) of the costs or expenses of training; (D) If the law enforcement officer is employed more than ten (10) months but not more than fourteen (14) months after completion of the training, the employing agency shall reimburse forty percent (40%) of the costs or expenses of training; or (E) If the law enforcement officer is employed more than fourteen (14) months but not more than eighteen (18) months after completion of the training, the employing agency shall reimburse twenty percent (20%) of the costs or expenses of training. (b) (1) If any county, city, town, or state agency that employs a law enforcement officer whose costs or expenses of training were paid by another county, city, town, or state agency fails to make reimbursement for the costs or expenses of training as required in subsection (a) of this section, the county, city, town, or state agency entitled to reimbursement shall notify the Treasurer of State. (2) The Treasurer of State shall then withhold the amount of the reimbursement due for training the law enforcement officer from the county or municipal aid of the employing county, city, town, or state agency or from funds appropriated to the employing state agency and shall remit the amount to the county, city, town, or state agency that is entitled to the reimbursement under the provisions of this section. (c) (1) A private community with a population of more than five thousand (5,000) persons that employs certified law enforcement officers is entitled to reimbursement under this section and may remit the reimbursed costs or expenses under subsection (a) of this section to an entity contracting with the private community that paid the training costs or expenses of the certified law enforcement officers. (2) As used in this subsection, "private community" means the same as defined in § 14-14-814 . Amended by Act 2021, No. 676,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 325,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 151,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 183,§ 3, eff. 8/1/2017. Acts 1987, No. 880, §§ 1, 2; 1993, No. 191, § 1.

(a) (1) If a county, city, town, or state agency pays the costs or expenses for training a law enforcement officer at a state-funded or municipally operated law enforcement training academy and another county, city, town, or state agency employs that law enforcement officer within eighteen (18) months after completion of the training in a position requiring a certificate of training from a state-funded or municipally operated law enforcement training academy, the county, city, town, or state agency that employs the law enforcement officer, at the time of employing the law enforcement officer, shall reimburse the county, city, town, or state agency for all or a portion of the costs or expenses incurred by the county, city, town, or state agency for the training of the law enforcement officer at the state-funded or municipally operated law enforcement training academy, unless the law enforcement officer has been terminated by the county, city, town, or state agency that paid the costs or expenses of training, in which case no reimbursement is required from the county, city, town, or state agency employing the law enforcement officer. (2) Reimbursement may be sought only from the first county, city, town, or state agency that employed the law enforcement officer after the county, city, town, or state agency paid the costs or expenses of training. (3) Reimbursement shall include any salary, travel expenses, food, lodging, or other costs required to be paid by the county, city, town, or state agency, as follows: (A) If the law enforcement officer is employed within two (2) months after completion of the training, the employing agency shall reimburse the total of the costs or expenses of training; (B) If the law enforcement officer is employed more than two (2) months but not more than six (6) months after completion of the training, the employing agency shall reimburse eighty percent (80%) of the costs or expenses of training; (C) If the law enforcement officer is employed more than six (6) months but not more than ten (10) months after completion of the training, the employing agency shall reimburse sixty percent (60%) of the costs or expenses of training; (D) If the law enforcement officer is employed more than ten (10) months but not more than fourteen (14) months after completion of the training, the employing agency shall reimburse forty percent (40%) of the costs or expenses of training; or (E) If the law enforcement officer is employed more than fourteen (14) months but not more than eighteen (18) months after completion of the training, the employing agency shall reimburse twenty percent (20%) of the costs or expenses of training.

(1) If a county, city, town, or state agency pays the costs or expenses for training a law enforcement officer at a state-funded or municipally operated law enforcement training academy and another county, city, town, or state agency employs that law enforcement officer within eighteen (18) months after completion of the training in a position requiring a certificate of training from a state-funded or municipally operated law enforcement training academy, the county, city, town, or state agency that employs the law enforcement officer, at the time of employing the law enforcement officer, shall reimburse the county, city, town, or state agency for all or a portion of the costs or expenses incurred by the county, city, town, or state agency for the training of the law enforcement officer at the state-funded or municipally operated law enforcement training academy, unless the law enforcement officer has been terminated by the county, city, town, or state agency that paid the costs or expenses of training, in which case no reimbursement is required from the county, city, town, or state agency employing the law enforcement officer.

(2) Reimbursement may be sought only from the first county, city, town, or state agency that employed the law enforcement officer after the county, city, town, or state agency paid the costs or expenses of training.

(3) Reimbursement shall include any salary, travel expenses, food, lodging, or other costs required to be paid by the county, city, town, or state agency, as follows: (A) If the law enforcement officer is employed within two (2) months after completion of the training, the employing agency shall reimburse the total of the costs or expenses of training; (B) If the law enforcement officer is employed more than two (2) months but not more than six (6) months after completion of the training, the employing agency shall reimburse eighty percent (80%) of the costs or expenses of training; (C) If the law enforcement officer is employed more than six (6) months but not more than ten (10) months after completion of the training, the employing agency shall reimburse sixty percent (60%) of the costs or expenses of training; (D) If the law enforcement officer is employed more than ten (10) months but not more than fourteen (14) months after completion of the training, the employing agency shall reimburse forty percent (40%) of the costs or expenses of training; or (E) If the law enforcement officer is employed more than fourteen (14) months but not more than eighteen (18) months after completion of the training, the employing agency shall reimburse twenty percent (20%) of the costs or expenses of training.

(A) If the law enforcement officer is employed within two (2) months after completion of the training, the employing agency shall reimburse the total of the costs or expenses of training;

(B) If the law enforcement officer is employed more than two (2) months but not more than six (6) months after completion of the training, the employing agency shall reimburse eighty percent (80%) of the costs or expenses of training;

(C) If the law enforcement officer is employed more than six (6) months but not more than ten (10) months after completion of the training, the employing agency shall reimburse sixty percent (60%) of the costs or expenses of training;

(D) If the law enforcement officer is employed more than ten (10) months but not more than fourteen (14) months after completion of the training, the employing agency shall reimburse forty percent (40%) of the costs or expenses of training; or

(E) If the law enforcement officer is employed more than fourteen (14) months but not more than eighteen (18) months after completion of the training, the employing agency shall reimburse twenty percent (20%) of the costs or expenses of training.

(b) (1) If any county, city, town, or state agency that employs a law enforcement officer whose costs or expenses of training were paid by another county, city, town, or state agency fails to make reimbursement for the costs or expenses of training as required in subsection (a) of this section, the county, city, town, or state agency entitled to reimbursement shall notify the Treasurer of State. (2) The Treasurer of State shall then withhold the amount of the reimbursement due for training the law enforcement officer from the county or municipal aid of the employing county, city, town, or state agency or from funds appropriated to the employing state agency and shall remit the amount to the county, city, town, or state agency that is entitled to the reimbursement under the provisions of this section.

(1) If any county, city, town, or state agency that employs a law enforcement officer whose costs or expenses of training were paid by another county, city, town, or state agency fails to make reimbursement for the costs or expenses of training as required in subsection (a) of this section, the county, city, town, or state agency entitled to reimbursement shall notify the Treasurer of State.

(2) The Treasurer of State shall then withhold the amount of the reimbursement due for training the law enforcement officer from the county or municipal aid of the employing county, city, town, or state agency or from funds appropriated to the employing state agency and shall remit the amount to the county, city, town, or state agency that is entitled to the reimbursement under the provisions of this section.

(c) (1) A private community with a population of more than five thousand (5,000) persons that employs certified law enforcement officers is entitled to reimbursement under this section and may remit the reimbursed costs or expenses under subsection (a) of this section to an entity contracting with the private community that paid the training costs or expenses of the certified law enforcement officers. (2) As used in this subsection, "private community" means the same as defined in § 14-14-814 .

(1) A private community with a population of more than five thousand (5,000) persons that employs certified law enforcement officers is entitled to reimbursement under this section and may remit the reimbursed costs or expenses under subsection (a) of this section to an entity contracting with the private community that paid the training costs or expenses of the certified law enforcement officers.

(2) As used in this subsection, "private community" means the same as defined in § 14-14-814 .

Amended by Act 2021, No. 676,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 325,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 151,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 183,§ 3, eff. 8/1/2017.

Acts 1987, No. 880, §§ 1, 2; 1993, No. 191, § 1.
Ark. Code Ann. § 12-27-126 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-126
Director of the Division of Community Correction
Status: in_force

(a) The Director of the Division of Community Correction shall be appointed by the Board of Corrections in consultation with the Secretary of the Department of Corrections at a salary fixed by the Board of Corrections, which shall not exceed the maximum salary for the position established by law. (b) The director shall be qualified for the position by character, ability, education, training, and successful administrative experience in correctional, community correction, or related fields. (c) The director shall serve at the pleasure of the Secretary of the Department of Corrections. (d) Subject to the rules, policies, and procedures prescribed by the Board of Corrections, the director shall: (1) Administer the Division of Community Correction and supervise the administration of all facilities, programs, and services under the Division of Community Correction's jurisdiction; (2) Employ such personnel as are required in the administration of the provisions of this act, provided that the employment of personnel shall be in accordance with the applicable laws and personnel rules of the state; (3) Institute programs for the training and development of personnel within the Division of Community Correction and have authority to suspend, discharge, or otherwise discipline personnel in accordance with policies prescribed by the Board of Corrections; (4) Make an annual report to the Board of Corrections, which will be forwarded to the Governor and the General Assembly, on the work of the Division of Community Correction, including statistics and other data, income derived from fee collection, a summary of expenditures of the Division of Community Correction, and progress reports regarding internal issues such as offender success, programming development, bed space utilization, and future needs; and (5) Cooperate with the Division of Correction, the Post-Prison Transfer Board, the Arkansas Sentencing Commission, judicial districts, counties, and municipalities to provide the guidance and services required to ensure a full range of correctional and community correction options for the state as a whole. Amended by Act 2023, No. 659,§ 90, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 89, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 88, eff. 1/1/2024. Amended by Act 2019, No. 315,§ 887, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 746, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 745, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 744, eff. 7/1/2019. Acts 1993, No. 549, § 7.

(a) The Director of the Division of Community Correction shall be appointed by the Board of Corrections in consultation with the Secretary of the Department of Corrections at a salary fixed by the Board of Corrections, which shall not exceed the maximum salary for the position established by law.

(b) The director shall be qualified for the position by character, ability, education, training, and successful administrative experience in correctional, community correction, or related fields.

(c) The director shall serve at the pleasure of the Secretary of the Department of Corrections.

(d) Subject to the rules, policies, and procedures prescribed by the Board of Corrections, the director shall: (1) Administer the Division of Community Correction and supervise the administration of all facilities, programs, and services under the Division of Community Correction's jurisdiction; (2) Employ such personnel as are required in the administration of the provisions of this act, provided that the employment of personnel shall be in accordance with the applicable laws and personnel rules of the state; (3) Institute programs for the training and development of personnel within the Division of Community Correction and have authority to suspend, discharge, or otherwise discipline personnel in accordance with policies prescribed by the Board of Corrections; (4) Make an annual report to the Board of Corrections, which will be forwarded to the Governor and the General Assembly, on the work of the Division of Community Correction, including statistics and other data, income derived from fee collection, a summary of expenditures of the Division of Community Correction, and progress reports regarding internal issues such as offender success, programming development, bed space utilization, and future needs; and (5) Cooperate with the Division of Correction, the Post-Prison Transfer Board, the Arkansas Sentencing Commission, judicial districts, counties, and municipalities to provide the guidance and services required to ensure a full range of correctional and community correction options for the state as a whole.

(1) Administer the Division of Community Correction and supervise the administration of all facilities, programs, and services under the Division of Community Correction's jurisdiction;

(2) Employ such personnel as are required in the administration of the provisions of this act, provided that the employment of personnel shall be in accordance with the applicable laws and personnel rules of the state;

(3) Institute programs for the training and development of personnel within the Division of Community Correction and have authority to suspend, discharge, or otherwise discipline personnel in accordance with policies prescribed by the Board of Corrections;

(4) Make an annual report to the Board of Corrections, which will be forwarded to the Governor and the General Assembly, on the work of the Division of Community Correction, including statistics and other data, income derived from fee collection, a summary of expenditures of the Division of Community Correction, and progress reports regarding internal issues such as offender success, programming development, bed space utilization, and future needs; and

(5) Cooperate with the Division of Correction, the Post-Prison Transfer Board, the Arkansas Sentencing Commission, judicial districts, counties, and municipalities to provide the guidance and services required to ensure a full range of correctional and community correction options for the state as a whole.

Amended by Act 2023, No. 659,§ 90, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 89, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 88, eff. 1/1/2024.

Amended by Act 2019, No. 315,§ 887, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 746, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 745, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 744, eff. 7/1/2019.

Acts 1993, No. 549, § 7.
Ark. Code Ann. § 12-28-102 — AR Code / Title 12 / Chapter 28 / Subchapter 1 / Section 12-28-102
Death chamber
Status: in_force

(a) The Department of Correction shall provide a death chamber within such facility or institution of the department as may be designated by the Director of the Department of Correction with the approval of the Board of Corrections. (b) The death chamber shall have all the necessary appliances for the proper execution of felons by electrocution. (c) All felons upon whom the death penalty has been imposed shall be executed in the death chamber. Acts 1968 (1st Ex. Sess.), No. 50, § 16; A.S.A. 1947, § 46-115.

(a) The Department of Correction shall provide a death chamber within such facility or institution of the department as may be designated by the Director of the Department of Correction with the approval of the Board of Corrections.

(b) The death chamber shall have all the necessary appliances for the proper execution of felons by electrocution.

(c) All felons upon whom the death penalty has been imposed shall be executed in the death chamber.

Acts 1968 (1st Ex. Sess.), No. 50, § 16; A.S.A. 1947, § 46-115.
Ark. Code Ann. § 12-28-109 — AR Code / Title 12 / Chapter 28 / Subchapter 1 / Section 12-28-109
Inmate cost report
Status: in_force

(a) (1) Within ninety (90) days of the end of each state fiscal year, the Director of the Division of Correction shall submit to the Legislative Council a report of all direct and indirect costs incurred for housing and caring for inmates incarcerated in the Division of Correction's facilities. (2) Costs shall be calculated and reported in total for the division and in total by each division facility. (3) The report submitted under subdivision (a)(1) of this section shall also include: (A) Overall cost per-inmate per-day; (B) Cost per-inmate per-day for each division facility; (C) Overall cost per-bed per-day; and (D) Cost per-bed per-day for each division facility. (b) In compiling costs and drafting the report under subsection (a) of this section, the director shall: (1) (A) Record all expenditures in a manner that provides for the association of costs with each division facility. (B) Costs not directly attributable to a particular division facility such as overhead, administration, and inmate treatment shall be allocated to each division facility on the basis of inmate population; (2) Maintain documentation to support all elements of costs and cost reimbursement both in total and for each division facility; (3) (A) Exclude capital outlay disbursements. (B) However, depreciation expenses for all fixed assets within a specific division facility shall be included. (C) Depreciation expenses not directly associated with the fixed assets of a particular division facility shall be allocated to each division facility on the basis of inmate population; (4) Include any interest expenses incurred by the division or another state governmental entity as a result of prison construction; (5) Exclude all payments to local governments for care of inmates housed in local government facilities; (6) Exclude all payments to local governments for inmates held under § 12-30-401 et seq.; (7) (A) Include the state matching requirements associated with federal grant expenditures. (B) Documentation shall be sufficiently maintained to identify state matching costs by grant; (8) (A) Deduct reimbursements for costs incurred. (B) The amount of a reimbursement deducted shall be equal to or less than the cost with which the reimbursement is associated; and (9) Include all ancillary costs, including without limitation: (A) Division expenses incurred through fund transfers; (B) Retirement costs; (C) Audit costs; (D) Division costs for shared employees paid by another state governmental entity; (E) Inmate educational and rehabilitation costs; and (F) Inmate related expenses incurred by the Attorney General except for expenses resulting from the defense of habeas corpus cases. (c) (1) The division shall enumerate the number of inmates housed at each division facility statewide each day throughout the fiscal year for which costs are being reported. (2) The enumeration described under subdivision (c)(1) of this section shall be calculated in total inmate days and shall be categorized into total direct and indirect costs compiled as required by this section. (3) Inmates housed in local governmental facilities and being held as inmates under § 12-30-401 et seq. shall be excluded from the enumeration of inmates housed at division facilities. (d) The division shall maintain documentation supporting the number of inmates housed at division facilities. Added by Act 2023, No. 890,§ 26, eff. 7/1/2023.

(a) (1) Within ninety (90) days of the end of each state fiscal year, the Director of the Division of Correction shall submit to the Legislative Council a report of all direct and indirect costs incurred for housing and caring for inmates incarcerated in the Division of Correction's facilities. (2) Costs shall be calculated and reported in total for the division and in total by each division facility. (3) The report submitted under subdivision (a)(1) of this section shall also include: (A) Overall cost per-inmate per-day; (B) Cost per-inmate per-day for each division facility; (C) Overall cost per-bed per-day; and (D) Cost per-bed per-day for each division facility.

(1) Within ninety (90) days of the end of each state fiscal year, the Director of the Division of Correction shall submit to the Legislative Council a report of all direct and indirect costs incurred for housing and caring for inmates incarcerated in the Division of Correction's facilities.

(2) Costs shall be calculated and reported in total for the division and in total by each division facility.

(3) The report submitted under subdivision (a)(1) of this section shall also include: (A) Overall cost per-inmate per-day; (B) Cost per-inmate per-day for each division facility; (C) Overall cost per-bed per-day; and (D) Cost per-bed per-day for each division facility.

(A) Overall cost per-inmate per-day;

(B) Cost per-inmate per-day for each division facility;

(C) Overall cost per-bed per-day; and

(D) Cost per-bed per-day for each division facility.

(b) In compiling costs and drafting the report under subsection (a) of this section, the director shall: (1) (A) Record all expenditures in a manner that provides for the association of costs with each division facility. (B) Costs not directly attributable to a particular division facility such as overhead, administration, and inmate treatment shall be allocated to each division facility on the basis of inmate population; (2) Maintain documentation to support all elements of costs and cost reimbursement both in total and for each division facility; (3) (A) Exclude capital outlay disbursements. (B) However, depreciation expenses for all fixed assets within a specific division facility shall be included. (C) Depreciation expenses not directly associated with the fixed assets of a particular division facility shall be allocated to each division facility on the basis of inmate population; (4) Include any interest expenses incurred by the division or another state governmental entity as a result of prison construction; (5) Exclude all payments to local governments for care of inmates housed in local government facilities; (6) Exclude all payments to local governments for inmates held under § 12-30-401 et seq.; (7) (A) Include the state matching requirements associated with federal grant expenditures. (B) Documentation shall be sufficiently maintained to identify state matching costs by grant; (8) (A) Deduct reimbursements for costs incurred. (B) The amount of a reimbursement deducted shall be equal to or less than the cost with which the reimbursement is associated; and (9) Include all ancillary costs, including without limitation: (A) Division expenses incurred through fund transfers; (B) Retirement costs; (C) Audit costs; (D) Division costs for shared employees paid by another state governmental entity; (E) Inmate educational and rehabilitation costs; and (F) Inmate related expenses incurred by the Attorney General except for expenses resulting from the defense of habeas corpus cases.

(1) (A) Record all expenditures in a manner that provides for the association of costs with each division facility. (B) Costs not directly attributable to a particular division facility such as overhead, administration, and inmate treatment shall be allocated to each division facility on the basis of inmate population;

(A) Record all expenditures in a manner that provides for the association of costs with each division facility.

(B) Costs not directly attributable to a particular division facility such as overhead, administration, and inmate treatment shall be allocated to each division facility on the basis of inmate population;

(2) Maintain documentation to support all elements of costs and cost reimbursement both in total and for each division facility;

(3) (A) Exclude capital outlay disbursements. (B) However, depreciation expenses for all fixed assets within a specific division facility shall be included. (C) Depreciation expenses not directly associated with the fixed assets of a particular division facility shall be allocated to each division facility on the basis of inmate population;

(A) Exclude capital outlay disbursements.

(B) However, depreciation expenses for all fixed assets within a specific division facility shall be included.

(C) Depreciation expenses not directly associated with the fixed assets of a particular division facility shall be allocated to each division facility on the basis of inmate population;

(4) Include any interest expenses incurred by the division or another state governmental entity as a result of prison construction;

(5) Exclude all payments to local governments for care of inmates housed in local government facilities;

(6) Exclude all payments to local governments for inmates held under § 12-30-401 et seq.;

(7) (A) Include the state matching requirements associated with federal grant expenditures. (B) Documentation shall be sufficiently maintained to identify state matching costs by grant;

(A) Include the state matching requirements associated with federal grant expenditures.

(B) Documentation shall be sufficiently maintained to identify state matching costs by grant;

(8) (A) Deduct reimbursements for costs incurred. (B) The amount of a reimbursement deducted shall be equal to or less than the cost with which the reimbursement is associated; and

(A) Deduct reimbursements for costs incurred.

(B) The amount of a reimbursement deducted shall be equal to or less than the cost with which the reimbursement is associated; and

(9) Include all ancillary costs, including without limitation: (A) Division expenses incurred through fund transfers; (B) Retirement costs; (C) Audit costs; (D) Division costs for shared employees paid by another state governmental entity; (E) Inmate educational and rehabilitation costs; and (F) Inmate related expenses incurred by the Attorney General except for expenses resulting from the defense of habeas corpus cases.

(A) Division expenses incurred through fund transfers;

(B) Retirement costs;

(C) Audit costs;

(D) Division costs for shared employees paid by another state governmental entity;

(E) Inmate educational and rehabilitation costs; and

(F) Inmate related expenses incurred by the Attorney General except for expenses resulting from the defense of habeas corpus cases.

(c) (1) The division shall enumerate the number of inmates housed at each division facility statewide each day throughout the fiscal year for which costs are being reported. (2) The enumeration described under subdivision (c)(1) of this section shall be calculated in total inmate days and shall be categorized into total direct and indirect costs compiled as required by this section. (3) Inmates housed in local governmental facilities and being held as inmates under § 12-30-401 et seq. shall be excluded from the enumeration of inmates housed at division facilities.

(1) The division shall enumerate the number of inmates housed at each division facility statewide each day throughout the fiscal year for which costs are being reported.

(2) The enumeration described under subdivision (c)(1) of this section shall be calculated in total inmate days and shall be categorized into total direct and indirect costs compiled as required by this section.

(3) Inmates housed in local governmental facilities and being held as inmates under § 12-30-401 et seq. shall be excluded from the enumeration of inmates housed at division facilities.

(d) The division shall maintain documentation supporting the number of inmates housed at division facilities.

Added by Act 2023, No. 890,§ 26, eff. 7/1/2023.
Ark. Code Ann. § 12-30-213 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-213
Intentional violations
Status: in_force

If an intentional violation of this subchapter by any office, department, institution, or agency continues, after notice from the Governor to desist, then the intentional violation shall constitute a malfeasance in office and shall subject the person or persons responsible for this violation to suspension or removal from office. Acts 1967, No. 473, § 6; A.S.A. 1947, § 46-239.

If an intentional violation of this subchapter by any office, department, institution, or agency continues, after notice from the Governor to desist, then the intentional violation shall constitute a malfeasance in office and shall subject the person or persons responsible for this violation to suspension or removal from office.

Acts 1967, No. 473, § 6; A.S.A. 1947, § 46-239.
Ark. Code Ann. § 12-9-105 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-105
Employees
Status: in_force

The Division of Law Enforcement Standards and Training may employ such employees as are necessary to efficiently and effectively carry out this subchapter and as may be authorized by appropriations of the General Assembly. Amended by Act 2019, No. 910,§ 5812, eff. 7/1/2019. Acts 1975, No. 452, § 7; A.S.A. 1947, § 42-1006; Acts 2011, No. 779, § 3.

The Division of Law Enforcement Standards and Training may employ such employees as are necessary to efficiently and effectively carry out this subchapter and as may be authorized by appropriations of the General Assembly.

Amended by Act 2019, No. 910,§ 5812, eff. 7/1/2019.

Acts 1975, No. 452, § 7; A.S.A. 1947, § 42-1006; Acts 2011, No. 779, § 3.
Ark. Code Ann. § 12-41-609 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-609
Bonds - Terms and conditions
Status: in_force

(a) As the county jail board shall determine, the bonds may: (1) Be coupon bonds, payable to bearer, or be registrable as to the principal only, or be registrable as to both principal and interest; (2) Contain exchange provisions; (3) Be in a form and denomination as the board determines; (4) Have such date or dates as the board determines; (5) Be stated to mature at a time or times as the board determines; (6) Bear interest payable at times and at rate or rates as the board determines; (7) Be made payable at places within and without the State of Arkansas; (8) Be made subject to terms of redemption in advance of maturity at times and at prices as the board determines; and (9) Contain other terms and conditions as the board determines. (b) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration of ownerships as set forth in subsection (a) of this section. (c) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and under the provisions of the ordinance of the quorum court authorizing the issuance thereof. Acts 1981, No. 879, §§ 6, 7; A.S.A. 1947, §§ 46-434, 46-435.

(a) As the county jail board shall determine, the bonds may: (1) Be coupon bonds, payable to bearer, or be registrable as to the principal only, or be registrable as to both principal and interest; (2) Contain exchange provisions; (3) Be in a form and denomination as the board determines; (4) Have such date or dates as the board determines; (5) Be stated to mature at a time or times as the board determines; (6) Bear interest payable at times and at rate or rates as the board determines; (7) Be made payable at places within and without the State of Arkansas; (8) Be made subject to terms of redemption in advance of maturity at times and at prices as the board determines; and (9) Contain other terms and conditions as the board determines.

(1) Be coupon bonds, payable to bearer, or be registrable as to the principal only, or be registrable as to both principal and interest;

(2) Contain exchange provisions;

(3) Be in a form and denomination as the board determines;

(4) Have such date or dates as the board determines;

(5) Be stated to mature at a time or times as the board determines;

(6) Bear interest payable at times and at rate or rates as the board determines;

(7) Be made payable at places within and without the State of Arkansas;

(8) Be made subject to terms of redemption in advance of maturity at times and at prices as the board determines; and

(9) Contain other terms and conditions as the board determines.

(b) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration of ownerships as set forth in subsection (a) of this section.

(c) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and under the provisions of the ordinance of the quorum court authorizing the issuance thereof.

Acts 1981, No. 879, §§ 6, 7; A.S.A. 1947, §§ 46-434, 46-435.
Ark. Code Ann. § 12-12-305 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-305
Housing and equipment - Functions
Status: in_force

(a) There shall be established under the supervision of the Director of the State Crime Laboratory a central office and laboratory facility sufficient and adequate to house the various functions of the State Crime Laboratory as set out in this subchapter and as may be necessary and proper for the laboratory to perform in carrying out its official duties and functions as provided by law. (b) The laboratory shall have the equipment and personnel necessary to respond to the needs of all law enforcement agencies in the State of Arkansas with respect to the following functions: (1) Forensic toxicology, including without limitation chemical testing and analysis of body fluids and the performance of procedures to determine the presence and significance of toxic agents both in the investigation of death cases authorized by this subchapter and in other appropriate cases; (2) Criminalistics, including without limitation chemical testing of trace evidence, physical and microscopic analysis of evidence, latent fingerprint identification and classification, firearms and toolmarks identification, serology, DNA analysis, DNA database administration, and computer forensic analysis; (3) Drug analysis, including without limitation analyzing and identifying substances suspected as being controlled, illicit, or contraband drugs; (4) Pathology and biology, including the investigation and determination of the cause and manner of deaths that become subject to the jurisdiction of the State Medical Examiner under § 12-12-318 and the general application of the medical sciences to assist the criminal justice system in the State of Arkansas; and (5) Any other laboratory divisions, sections, or functions that, in the opinion of the State Crime Laboratory Board, may serve the needs of law enforcement in the State of Arkansas for laboratory analysis. Amended by Act 2019, No. 910,§ 5844, eff. 7/1/2019. Amended by Act 2013, No. 323,§ 1, eff. 8/16/2013. Acts 1979, No. 864, §§ 7, 8; A.S.A. 1947, §§ 42-1209, 42-1210.

(a) There shall be established under the supervision of the Director of the State Crime Laboratory a central office and laboratory facility sufficient and adequate to house the various functions of the State Crime Laboratory as set out in this subchapter and as may be necessary and proper for the laboratory to perform in carrying out its official duties and functions as provided by law.

(b) The laboratory shall have the equipment and personnel necessary to respond to the needs of all law enforcement agencies in the State of Arkansas with respect to the following functions: (1) Forensic toxicology, including without limitation chemical testing and analysis of body fluids and the performance of procedures to determine the presence and significance of toxic agents both in the investigation of death cases authorized by this subchapter and in other appropriate cases; (2) Criminalistics, including without limitation chemical testing of trace evidence, physical and microscopic analysis of evidence, latent fingerprint identification and classification, firearms and toolmarks identification, serology, DNA analysis, DNA database administration, and computer forensic analysis; (3) Drug analysis, including without limitation analyzing and identifying substances suspected as being controlled, illicit, or contraband drugs; (4) Pathology and biology, including the investigation and determination of the cause and manner of deaths that become subject to the jurisdiction of the State Medical Examiner under § 12-12-318 and the general application of the medical sciences to assist the criminal justice system in the State of Arkansas; and (5) Any other laboratory divisions, sections, or functions that, in the opinion of the State Crime Laboratory Board, may serve the needs of law enforcement in the State of Arkansas for laboratory analysis.

(1) Forensic toxicology, including without limitation chemical testing and analysis of body fluids and the performance of procedures to determine the presence and significance of toxic agents both in the investigation of death cases authorized by this subchapter and in other appropriate cases;

(2) Criminalistics, including without limitation chemical testing of trace evidence, physical and microscopic analysis of evidence, latent fingerprint identification and classification, firearms and toolmarks identification, serology, DNA analysis, DNA database administration, and computer forensic analysis;

(3) Drug analysis, including without limitation analyzing and identifying substances suspected as being controlled, illicit, or contraband drugs;

(4) Pathology and biology, including the investigation and determination of the cause and manner of deaths that become subject to the jurisdiction of the State Medical Examiner under § 12-12-318 and the general application of the medical sciences to assist the criminal justice system in the State of Arkansas; and

(5) Any other laboratory divisions, sections, or functions that, in the opinion of the State Crime Laboratory Board, may serve the needs of law enforcement in the State of Arkansas for laboratory analysis.

Amended by Act 2019, No. 910,§ 5844, eff. 7/1/2019.

Amended by Act 2013, No. 323,§ 1, eff. 8/16/2013.

Acts 1979, No. 864, §§ 7, 8; A.S.A. 1947, §§ 42-1209, 42-1210.
Ark. Code Ann. § 12-12-1109 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1109
DNA sample required upon adjudication of guilt
Status: in_force

(a) (1) A person who is adjudicated guilty for a qualifying offense on or after August 1, 1997, shall have a DNA sample drawn as follows: (A) (i) A person who is adjudicated guilty for a qualifying offense and sentenced to a term of confinement for that qualifying offense shall have a DNA sample drawn upon intake to a prison, jail, or any other detention facility or institution. (ii) If the person is already confined at the time of sentencing, the person shall have a DNA sample drawn immediately after the sentencing; (B) (i) A person who is adjudicated guilty for a qualifying offense shall have a DNA sample drawn as a condition of any sentence in which disposition will not involve an intake into a prison, jail, or any other detention facility or institution. (ii) Unless otherwise ordered by the court, the agency supervising the convicted offender shall determine the time and collection of the DNA sample; (C) A person who is acquitted on the grounds of mental disease or defect of the commission of a qualifying offense and committed to an institution or other facility shall have a DNA sample drawn upon intake to that institution or other facility; and (D) Under no circumstance shall a person who is adjudicated guilty for a qualifying offense be released in any manner after this disposition unless a DNA sample has been drawn. (2) A negotiated plea agreement may require a person to provide a DNA sample if the person enters a negotiated plea to a charge that has been reduced from a qualifying offense to an offense that is not a qualifying offense. (b) A person who has been adjudicated guilty for a qualifying offense before August 1, 1997, and who is still serving a term of confinement in connection therewith on August 1, 1997, shall not be released in any manner prior to the expiration of his or her maximum term of confinement unless and until a DNA sample has been drawn. (c) All DNA samples taken pursuant to this section shall be taken in accordance with rules promulgated by the State Crime Laboratory in consultation with the Division of Correction, the Division of Community Correction, the Department of Human Services, and the Administrative Office of the Courts. (d) (1) When the state accepts a person from another state under any interstate compact or under any other reciprocal agreement with any county, state, or federal agency or any other provision of law, whether or not the person is confined or released, the acceptance is conditional on the person's providing a DNA sample if the person was convicted of an offense in any other jurisdiction which would be considered a qualifying offense as defined in § 12-12-1103(9) if committed in this state or if the person was convicted of an equivalent offense in any other jurisdiction. (2) The person shall provide the DNA sample in accordance with the rules of the custodial institution or supervising agency. (e) (1) The requirements of this subchapter are mandatory and apply regardless of whether or not a court advises a person that a DNA sample must be provided to the State DNA Data Base and State DNA Data Bank as a condition of probation, parole, or post-release supervision. (2) A person who has been sentenced to death or life without the possibility of parole or to any life or indeterminate term of incarceration is not exempt from the requirements of this subchapter. (3) Any person subject to this subchapter who has not provided a DNA sample for any reason, including the person's release prior to July 16, 2003, an oversight, or because of the person's transfer from another jurisdiction, shall give a DNA sample for inclusion in the data base after being notified by the supervising agency. (4) In the event that a person's DNA sample is not adequate for any reason, the person shall provide another DNA sample for analysis. Amended by Act 2023, No. 659,§ 72, eff. 1/1/2024. Amended by Act 2023, No. 392,§ 6, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 869, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 726, eff. 7/1/2019. Acts 1997, No. 737, § 9; 2001, No. 218, § 1; 2003, No. 1265, § 6[5]; 2003, No. 1470, § 4.

(a) (1) A person who is adjudicated guilty for a qualifying offense on or after August 1, 1997, shall have a DNA sample drawn as follows: (A) (i) A person who is adjudicated guilty for a qualifying offense and sentenced to a term of confinement for that qualifying offense shall have a DNA sample drawn upon intake to a prison, jail, or any other detention facility or institution. (ii) If the person is already confined at the time of sentencing, the person shall have a DNA sample drawn immediately after the sentencing; (B) (i) A person who is adjudicated guilty for a qualifying offense shall have a DNA sample drawn as a condition of any sentence in which disposition will not involve an intake into a prison, jail, or any other detention facility or institution. (ii) Unless otherwise ordered by the court, the agency supervising the convicted offender shall determine the time and collection of the DNA sample; (C) A person who is acquitted on the grounds of mental disease or defect of the commission of a qualifying offense and committed to an institution or other facility shall have a DNA sample drawn upon intake to that institution or other facility; and (D) Under no circumstance shall a person who is adjudicated guilty for a qualifying offense be released in any manner after this disposition unless a DNA sample has been drawn. (2) A negotiated plea agreement may require a person to provide a DNA sample if the person enters a negotiated plea to a charge that has been reduced from a qualifying offense to an offense that is not a qualifying offense.

(1) A person who is adjudicated guilty for a qualifying offense on or after August 1, 1997, shall have a DNA sample drawn as follows: (A) (i) A person who is adjudicated guilty for a qualifying offense and sentenced to a term of confinement for that qualifying offense shall have a DNA sample drawn upon intake to a prison, jail, or any other detention facility or institution. (ii) If the person is already confined at the time of sentencing, the person shall have a DNA sample drawn immediately after the sentencing; (B) (i) A person who is adjudicated guilty for a qualifying offense shall have a DNA sample drawn as a condition of any sentence in which disposition will not involve an intake into a prison, jail, or any other detention facility or institution. (ii) Unless otherwise ordered by the court, the agency supervising the convicted offender shall determine the time and collection of the DNA sample; (C) A person who is acquitted on the grounds of mental disease or defect of the commission of a qualifying offense and committed to an institution or other facility shall have a DNA sample drawn upon intake to that institution or other facility; and (D) Under no circumstance shall a person who is adjudicated guilty for a qualifying offense be released in any manner after this disposition unless a DNA sample has been drawn.

(A) (i) A person who is adjudicated guilty for a qualifying offense and sentenced to a term of confinement for that qualifying offense shall have a DNA sample drawn upon intake to a prison, jail, or any other detention facility or institution. (ii) If the person is already confined at the time of sentencing, the person shall have a DNA sample drawn immediately after the sentencing;

(i) A person who is adjudicated guilty for a qualifying offense and sentenced to a term of confinement for that qualifying offense shall have a DNA sample drawn upon intake to a prison, jail, or any other detention facility or institution.

(ii) If the person is already confined at the time of sentencing, the person shall have a DNA sample drawn immediately after the sentencing;

(B) (i) A person who is adjudicated guilty for a qualifying offense shall have a DNA sample drawn as a condition of any sentence in which disposition will not involve an intake into a prison, jail, or any other detention facility or institution. (ii) Unless otherwise ordered by the court, the agency supervising the convicted offender shall determine the time and collection of the DNA sample;

(i) A person who is adjudicated guilty for a qualifying offense shall have a DNA sample drawn as a condition of any sentence in which disposition will not involve an intake into a prison, jail, or any other detention facility or institution.

(ii) Unless otherwise ordered by the court, the agency supervising the convicted offender shall determine the time and collection of the DNA sample;

(C) A person who is acquitted on the grounds of mental disease or defect of the commission of a qualifying offense and committed to an institution or other facility shall have a DNA sample drawn upon intake to that institution or other facility; and

(D) Under no circumstance shall a person who is adjudicated guilty for a qualifying offense be released in any manner after this disposition unless a DNA sample has been drawn.

(2) A negotiated plea agreement may require a person to provide a DNA sample if the person enters a negotiated plea to a charge that has been reduced from a qualifying offense to an offense that is not a qualifying offense.

(b) A person who has been adjudicated guilty for a qualifying offense before August 1, 1997, and who is still serving a term of confinement in connection therewith on August 1, 1997, shall not be released in any manner prior to the expiration of his or her maximum term of confinement unless and until a DNA sample has been drawn.

(c) All DNA samples taken pursuant to this section shall be taken in accordance with rules promulgated by the State Crime Laboratory in consultation with the Division of Correction, the Division of Community Correction, the Department of Human Services, and the Administrative Office of the Courts.

(d) (1) When the state accepts a person from another state under any interstate compact or under any other reciprocal agreement with any county, state, or federal agency or any other provision of law, whether or not the person is confined or released, the acceptance is conditional on the person's providing a DNA sample if the person was convicted of an offense in any other jurisdiction which would be considered a qualifying offense as defined in § 12-12-1103(9) if committed in this state or if the person was convicted of an equivalent offense in any other jurisdiction. (2) The person shall provide the DNA sample in accordance with the rules of the custodial institution or supervising agency.

(1) When the state accepts a person from another state under any interstate compact or under any other reciprocal agreement with any county, state, or federal agency or any other provision of law, whether or not the person is confined or released, the acceptance is conditional on the person's providing a DNA sample if the person was convicted of an offense in any other jurisdiction which would be considered a qualifying offense as defined in § 12-12-1103(9) if committed in this state or if the person was convicted of an equivalent offense in any other jurisdiction.

(2) The person shall provide the DNA sample in accordance with the rules of the custodial institution or supervising agency.

(e) (1) The requirements of this subchapter are mandatory and apply regardless of whether or not a court advises a person that a DNA sample must be provided to the State DNA Data Base and State DNA Data Bank as a condition of probation, parole, or post-release supervision. (2) A person who has been sentenced to death or life without the possibility of parole or to any life or indeterminate term of incarceration is not exempt from the requirements of this subchapter. (3) Any person subject to this subchapter who has not provided a DNA sample for any reason, including the person's release prior to July 16, 2003, an oversight, or because of the person's transfer from another jurisdiction, shall give a DNA sample for inclusion in the data base after being notified by the supervising agency. (4) In the event that a person's DNA sample is not adequate for any reason, the person shall provide another DNA sample for analysis.

(1) The requirements of this subchapter are mandatory and apply regardless of whether or not a court advises a person that a DNA sample must be provided to the State DNA Data Base and State DNA Data Bank as a condition of probation, parole, or post-release supervision.

(2) A person who has been sentenced to death or life without the possibility of parole or to any life or indeterminate term of incarceration is not exempt from the requirements of this subchapter.

(3) Any person subject to this subchapter who has not provided a DNA sample for any reason, including the person's release prior to July 16, 2003, an oversight, or because of the person's transfer from another jurisdiction, shall give a DNA sample for inclusion in the data base after being notified by the supervising agency.

(4) In the event that a person's DNA sample is not adequate for any reason, the person shall provide another DNA sample for analysis.

Amended by Act 2023, No. 659,§ 72, eff. 1/1/2024.

Amended by Act 2023, No. 392,§ 6, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 869, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 726, eff. 7/1/2019.

Acts 1997, No. 737, § 9; 2001, No. 218, § 1; 2003, No. 1265, § 6[5]; 2003, No. 1470, § 4.
Ark. Code Ann. § 12-18-707 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-707
Notice when the alleged offender works with children, the elderly, an individual with a disability, or an individual with a mental illness, is engaged in child-related activities, or is a juvenile
Status: in_force

(a) If the child maltreatment investigative determination names as an alleged offender a person who is engaged in child-related activities or employment, works with the elderly, an individual with a disability, or an individual with a mental illness, or is a juvenile and the Department of Human Services or the Department of Arkansas State Police has determined that children, the elderly, or individuals with a disability or mental illness under the care of the alleged offender appear to be at risk of maltreatment by the alleged offender, the Department of Human Services or the Department of Arkansas State Police may notify the following of the investigative determination: (1) An alleged offender's employer; (2) A school superintendent, principal, or a person in an equivalent position where the alleged offender is employed; (3) A person in charge of a paid or volunteer activity; and (4) Any licensing or registering authority to the extent necessary to carry out its official responsibilities. (b) The Department of Human Services and the Department of Arkansas State Police shall promulgate rules that will ensure that notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Department of Arkansas State Police before the notification is made. (c) If the Department of Human Services and the Department of Arkansas State Police later determine that there is no preponderance of the evidence indicating that children under the care of the alleged offender appear to be at risk, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the previously notified person or entity of that information. (d) (1) If the child maltreatment investigation names as an alleged offender a juvenile who is in a setting or circumstance where other children appear to be at risk, the Department of Human Services and the Department of Arkansas State Police may notify the entity or person in charge about the investigative determination. (2) The Department of Human Services and the Department of Arkansas State Police shall promulgate rules to ensure that the notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Department of Arkansas State Police before notification is made. (3) If the Department of Human Services and the Department of Arkansas State Police later determine that there is no preponderance of the evidence indicating that other children are at risk or if the investigative determination is overturned, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the entity or person originally notified under subdivision (d)(1) of this section of that information. Amended by Act 2015, No. 1026,§ 11, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 20, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) If the child maltreatment investigative determination names as an alleged offender a person who is engaged in child-related activities or employment, works with the elderly, an individual with a disability, or an individual with a mental illness, or is a juvenile and the Department of Human Services or the Department of Arkansas State Police has determined that children, the elderly, or individuals with a disability or mental illness under the care of the alleged offender appear to be at risk of maltreatment by the alleged offender, the Department of Human Services or the Department of Arkansas State Police may notify the following of the investigative determination: (1) An alleged offender's employer; (2) A school superintendent, principal, or a person in an equivalent position where the alleged offender is employed; (3) A person in charge of a paid or volunteer activity; and (4) Any licensing or registering authority to the extent necessary to carry out its official responsibilities.

(1) An alleged offender's employer;

(2) A school superintendent, principal, or a person in an equivalent position where the alleged offender is employed;

(3) A person in charge of a paid or volunteer activity; and

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

(b) The Department of Human Services and the Department of Arkansas State Police shall promulgate rules that will ensure that notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Department of Arkansas State Police before the notification is made.

(c) If the Department of Human Services and the Department of Arkansas State Police later determine that there is no preponderance of the evidence indicating that children under the care of the alleged offender appear to be at risk, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the previously notified person or entity of that information.

(d) (1) If the child maltreatment investigation names as an alleged offender a juvenile who is in a setting or circumstance where other children appear to be at risk, the Department of Human Services and the Department of Arkansas State Police may notify the entity or person in charge about the investigative determination. (2) The Department of Human Services and the Department of Arkansas State Police shall promulgate rules to ensure that the notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Department of Arkansas State Police before notification is made. (3) If the Department of Human Services and the Department of Arkansas State Police later determine that there is no preponderance of the evidence indicating that other children are at risk or if the investigative determination is overturned, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the entity or person originally notified under subdivision (d)(1) of this section of that information.

(1) If the child maltreatment investigation names as an alleged offender a juvenile who is in a setting or circumstance where other children appear to be at risk, the Department of Human Services and the Department of Arkansas State Police may notify the entity or person in charge about the investigative determination.

(2) The Department of Human Services and the Department of Arkansas State Police shall promulgate rules to ensure that the notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Department of Arkansas State Police before notification is made.

(3) If the Department of Human Services and the Department of Arkansas State Police later determine that there is no preponderance of the evidence indicating that other children are at risk or if the investigative determination is overturned, the Department of Human Services and the Department of Arkansas State Police shall immediately notify the entity or person originally notified under subdivision (d)(1) of this section of that information.

Amended by Act 2015, No. 1026,§ 11, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 20, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-27-108 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-108
Authentication of records
Status: in_force

(a) For authentication of the records, process, and proceedings of the Division of Correction, the Director of the Division of Correction may adopt and keep an official seal for the use of his or her office, and the seal shall receive judicial notice in all of the courts of the state. (b) All acts, orders, reports, and other records of the division or copies thereof which are entitled to judicial notice shall be certified to by the director with the seal affixed thereto. Amended by Act 2019, No. 315,§ 884, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 740, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 4; 1975, No. 733, § 1; A.S.A. 1947, § 46-104.

(a) For authentication of the records, process, and proceedings of the Division of Correction, the Director of the Division of Correction may adopt and keep an official seal for the use of his or her office, and the seal shall receive judicial notice in all of the courts of the state.

(b) All acts, orders, reports, and other records of the division or copies thereof which are entitled to judicial notice shall be certified to by the director with the seal affixed thereto.

Amended by Act 2019, No. 315,§ 884, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 740, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 4; 1975, No. 733, § 1; A.S.A. 1947, § 46-104.
Ark. Code Ann. § 12-62-204 — AR Code / Title 12 / Chapter 62 / Subchapter 2 / Section 12-62-204
Dropping from the rolls
Status: in_force

An enlisted person of the National Guard may be dropped from the rolls under such regulations as the Governor may prescribe. Acts 1969, No. 50, § 35; 1985, No. 670, § 4; A.S.A. 1947, § 11-403.

An enlisted person of the National Guard may be dropped from the rolls under such regulations as the Governor may prescribe.

Acts 1969, No. 50, § 35; 1985, No. 670, § 4; A.S.A. 1947, § 11-403.
Ark. Code Ann. § 12-12-1007 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1007
Reporting requirements
Status: in_force

(a) Certain events occurring during the course of a criminal prosecution must be reported for inclusion in a criminal history record. The following events shall be reportable events: (1) An arrest; (2) The release of a person after arrest without the filing of a charge; (3) A decision by a prosecutor not to commence criminal proceedings or to defer or indefinitely postpone prosecution; (4) An indictment or criminal information or other statement of charges; (5) The dismissal of an indictment or criminal information, or of any of the charges set out in such indictment or criminal information; (6) An acquittal, finding of guilt, or other court disposition at or following trial, including dispositions of probationary status; (7) The terms and conditions of a sentence; (8) A commitment to a state or local correctional facility; (9) A commitment to a hospital or other facility as not being criminally responsible or as incompetent to stand trial; (10) The entry of an appeal to an appellate court; (11) The judgment of an appellate court; (12) A pardon, reprieve, commutation, or other change in sentence; and (13) Other events occurring during the course of the criminal proceedings determined to be reportable. (b) A reportable event specified in subsection (a) of this section shall be reported by those criminal justice officials or agencies directly responsible for the reportable action, event, or decision. (c) The form and content of reported information and the method of reporting shall be specified by the Arkansas Crime Information Center and the Administrative Office of the Courts. (d) Criminal justice agencies shall report criminal history information, whether directly or indirectly, manually or by means of an automated system in accordance with the following provisions: (1) Information pertaining to the release of a person arrested without the filing of charges as required in subdivision (a)(2) of this section, or to a decision by the prosecutor not to commence criminal proceedings or to defer or postpone prosecution indefinitely as required by subdivision (a)(3) of this section shall be reported within five (5) working days; and (2) Information pertaining to any other reportable events specified in subdivisions (a)(4)-(13) of this section shall be reported at least monthly. (e) (1) It shall be the duty of law enforcement officials, prosecuting attorneys, court clerks, and judges to report the arrest tracking number of each defendant in accordance with procedures established by the center. (2) (A) The arrest tracking number shall be filed with the court clerk at the time an indictment, information, or charge is filed. (B) In cases in which the defendant has not been arrested at the time of an indictment, information, or charge, the arrest tracking number shall be filed with the court clerk immediately after there is an arrest. (3) The arrest tracking number shall be in the court's case file before a trial commences or a judgment is entered. Acts 1993, No. 1109, § 6; 1994 (2nd Ex. Sess.), No. 37, § 2; 1994 (2nd Ex. Sess.), No. 38, § 2; 2005, No. 1962, § 41.

(a) Certain events occurring during the course of a criminal prosecution must be reported for inclusion in a criminal history record. The following events shall be reportable events: (1) An arrest; (2) The release of a person after arrest without the filing of a charge; (3) A decision by a prosecutor not to commence criminal proceedings or to defer or indefinitely postpone prosecution; (4) An indictment or criminal information or other statement of charges; (5) The dismissal of an indictment or criminal information, or of any of the charges set out in such indictment or criminal information; (6) An acquittal, finding of guilt, or other court disposition at or following trial, including dispositions of probationary status; (7) The terms and conditions of a sentence; (8) A commitment to a state or local correctional facility; (9) A commitment to a hospital or other facility as not being criminally responsible or as incompetent to stand trial; (10) The entry of an appeal to an appellate court; (11) The judgment of an appellate court; (12) A pardon, reprieve, commutation, or other change in sentence; and (13) Other events occurring during the course of the criminal proceedings determined to be reportable.

(1) An arrest;

(2) The release of a person after arrest without the filing of a charge;

(3) A decision by a prosecutor not to commence criminal proceedings or to defer or indefinitely postpone prosecution;

(4) An indictment or criminal information or other statement of charges;

(5) The dismissal of an indictment or criminal information, or of any of the charges set out in such indictment or criminal information;

(6) An acquittal, finding of guilt, or other court disposition at or following trial, including dispositions of probationary status;

(7) The terms and conditions of a sentence;

(8) A commitment to a state or local correctional facility;

(9) A commitment to a hospital or other facility as not being criminally responsible or as incompetent to stand trial;

(10) The entry of an appeal to an appellate court;

(11) The judgment of an appellate court;

(12) A pardon, reprieve, commutation, or other change in sentence; and

(13) Other events occurring during the course of the criminal proceedings determined to be reportable.

(b) A reportable event specified in subsection (a) of this section shall be reported by those criminal justice officials or agencies directly responsible for the reportable action, event, or decision.

(c) The form and content of reported information and the method of reporting shall be specified by the Arkansas Crime Information Center and the Administrative Office of the Courts.

(d) Criminal justice agencies shall report criminal history information, whether directly or indirectly, manually or by means of an automated system in accordance with the following provisions: (1) Information pertaining to the release of a person arrested without the filing of charges as required in subdivision (a)(2) of this section, or to a decision by the prosecutor not to commence criminal proceedings or to defer or postpone prosecution indefinitely as required by subdivision (a)(3) of this section shall be reported within five (5) working days; and (2) Information pertaining to any other reportable events specified in subdivisions (a)(4)-(13) of this section shall be reported at least monthly.

(1) Information pertaining to the release of a person arrested without the filing of charges as required in subdivision (a)(2) of this section, or to a decision by the prosecutor not to commence criminal proceedings or to defer or postpone prosecution indefinitely as required by subdivision (a)(3) of this section shall be reported within five (5) working days; and

(2) Information pertaining to any other reportable events specified in subdivisions (a)(4)-(13) of this section shall be reported at least monthly.

(e) (1) It shall be the duty of law enforcement officials, prosecuting attorneys, court clerks, and judges to report the arrest tracking number of each defendant in accordance with procedures established by the center. (2) (A) The arrest tracking number shall be filed with the court clerk at the time an indictment, information, or charge is filed. (B) In cases in which the defendant has not been arrested at the time of an indictment, information, or charge, the arrest tracking number shall be filed with the court clerk immediately after there is an arrest. (3) The arrest tracking number shall be in the court's case file before a trial commences or a judgment is entered.

(1) It shall be the duty of law enforcement officials, prosecuting attorneys, court clerks, and judges to report the arrest tracking number of each defendant in accordance with procedures established by the center.

(2) (A) The arrest tracking number shall be filed with the court clerk at the time an indictment, information, or charge is filed. (B) In cases in which the defendant has not been arrested at the time of an indictment, information, or charge, the arrest tracking number shall be filed with the court clerk immediately after there is an arrest.

(A) The arrest tracking number shall be filed with the court clerk at the time an indictment, information, or charge is filed.

(B) In cases in which the defendant has not been arrested at the time of an indictment, information, or charge, the arrest tracking number shall be filed with the court clerk immediately after there is an arrest.

(3) The arrest tracking number shall be in the court's case file before a trial commences or a judgment is entered.

Acts 1993, No. 1109, § 6; 1994 (2nd Ex. Sess.), No. 37, § 2; 1994 (2nd Ex. Sess.), No. 38, § 2; 2005, No. 1962, § 41.
Ark. Code Ann. § 12-8-109 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-109
Police protection for statewide functions
Status: in_force

(a) The Division of Arkansas State Police shall provide police protection, commensurate with the available personnel and resources of the division that are not required for other activities, benefiting any statewide function or similar activities sponsored or conducted by: (1) A state agency, board, or commission; (2) A state-supported college or university; (3) A private nonprofit association or organization on public property; or (4) Statewide athletic events under the auspices of the public schools. (b) For the purposes of this section, the statewide functions for which the division may provide police protection at the Arkansas State Fair and Livestock Showgrounds shall include the annual Arkansas State Fair and Livestock Show held at the showgrounds, and statewide athletic contests in which the public schools of this state participate which are held at the showgrounds. Amended by Act 2019, No. 910,§ 5768, eff. 7/1/2019. Acts 1973, No. 430, § 1; A.S.A. 1947, § 42-407.1.

(a) The Division of Arkansas State Police shall provide police protection, commensurate with the available personnel and resources of the division that are not required for other activities, benefiting any statewide function or similar activities sponsored or conducted by: (1) A state agency, board, or commission; (2) A state-supported college or university; (3) A private nonprofit association or organization on public property; or (4) Statewide athletic events under the auspices of the public schools.

(1) A state agency, board, or commission;

(2) A state-supported college or university;

(3) A private nonprofit association or organization on public property; or

(4) Statewide athletic events under the auspices of the public schools.

(b) For the purposes of this section, the statewide functions for which the division may provide police protection at the Arkansas State Fair and Livestock Showgrounds shall include the annual Arkansas State Fair and Livestock Show held at the showgrounds, and statewide athletic contests in which the public schools of this state participate which are held at the showgrounds.

Amended by Act 2019, No. 910,§ 5768, eff. 7/1/2019.

Acts 1973, No. 430, § 1; A.S.A. 1947, § 42-407.1.
Ark. Code Ann. § 12-63-411 — AR Code / Title 12 / Chapter 63 / Subchapter 4 / Section 12-63-411
State Military Lake - Stocking
Status: in_force

(a) As used in this section, "state military lake" means a lake: (1) Located on Robinson Maneuver Training Center; and (2) Owned by the State of Arkansas. (b) (1) The Department of the Military may stock a state military lake with fish each year for a special event by using: (A) The funds maintained in the Camp Robinson Public Fund; and (B) Rental income. (2) However, the department shall not use the state's general revenue to stock a state military lake under subdivision (b)(1) of this section. Added by Act 2023, No. 284,§ 19, eff. 7/1/2023. The act states Arkansas Code Title 12, Chapter 63, Subchapter 4, is amended to add an additional section to codify special language in appropriation acts, but the section was enacted without a number.

(a) As used in this section, "state military lake" means a lake: (1) Located on Robinson Maneuver Training Center; and (2) Owned by the State of Arkansas.

(1) Located on Robinson Maneuver Training Center; and

(2) Owned by the State of Arkansas.

(b) (1) The Department of the Military may stock a state military lake with fish each year for a special event by using: (A) The funds maintained in the Camp Robinson Public Fund; and (B) Rental income. (2) However, the department shall not use the state's general revenue to stock a state military lake under subdivision (b)(1) of this section.

(1) The Department of the Military may stock a state military lake with fish each year for a special event by using: (A) The funds maintained in the Camp Robinson Public Fund; and (B) Rental income.

(A) The funds maintained in the Camp Robinson Public Fund; and

(B) Rental income.

(2) However, the department shall not use the state's general revenue to stock a state military lake under subdivision (b)(1) of this section.

Added by Act 2023, No. 284,§ 19, eff. 7/1/2023.

The act states Arkansas Code Title 12, Chapter 63, Subchapter 4, is amended to add an additional section to codify special language in appropriation acts, but the section was enacted without a number.
Ark. Code Ann. § 12-29-105 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-105
Clergy
Status: in_force

(a) All clergy of every denomination shall be admitted free to a Department of Correction prison or may visit any inmate confined therein, subject to such rules as may be necessary to the good government and discipline of the prison, and may administer the rites and ceremonies of the church to which the clergy belong if the inmate desires it. (b) The Director of the Department of Correction shall afford every facility to a clergy to visit an inmate and to administer rites, ceremonies, and spiritual consolation to an inmate within the rules of the prison. Amended by Act 2013, No. 295,§ 1, eff. 8/16/2013. Acts 1893, No. 76, § 58, p. 121; C. & M. Dig., § 9686; Pope's Dig., § 12719; A.S.A. 1947, § 46-149; Acts 2011, No. 779, § 23.

(a) All clergy of every denomination shall be admitted free to a Department of Correction prison or may visit any inmate confined therein, subject to such rules as may be necessary to the good government and discipline of the prison, and may administer the rites and ceremonies of the church to which the clergy belong if the inmate desires it.

(b) The Director of the Department of Correction shall afford every facility to a clergy to visit an inmate and to administer rites, ceremonies, and spiritual consolation to an inmate within the rules of the prison.

Amended by Act 2013, No. 295,§ 1, eff. 8/16/2013.

Acts 1893, No. 76, § 58, p. 121; C. & M. Dig., § 9686; Pope's Dig., § 12719; A.S.A. 1947, § 46-149; Acts 2011, No. 779, § 23.
Ark. Code Ann. § 12-41-801 — AR Code / Title 12 / Chapter 41 / Subchapter 8 / Section 12-41-801
Title
Status: in_force

This subchapter shall be referred to and may be cited as the "Juvenile Detention Facilities Cooperative Development and Operations Act". Acts 1989, No. 486, § 1.

This subchapter shall be referred to and may be cited as the "Juvenile Detention Facilities Cooperative Development and Operations Act".

Acts 1989, No. 486, § 1.
Ark. Code Ann. § 12-29-107 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-107
Inmate welfare funds
Status: in_force

Amounts held as inmate welfare funds or received as inmate welfare funds through contributions, profit from sale of products to inmates, or otherwise, shall be held as a special fund to be administered and used by the Director of the Division of Correction for the general benefit of the inmates under rules to be established by the Board of Corrections. Amended by Act 2019, No. 315,§ 893, eff. 7/24/2019. Acts 1968 (1st Ex. Sess.), No. 50, § 39; A.S.A. 1947, § 46-122.

Amounts held as inmate welfare funds or received as inmate welfare funds through contributions, profit from sale of products to inmates, or otherwise, shall be held as a special fund to be administered and used by the Director of the Division of Correction for the general benefit of the inmates under rules to be established by the Board of Corrections.

Amended by Act 2019, No. 315,§ 893, eff. 7/24/2019.

Acts 1968 (1st Ex. Sess.), No. 50, § 39; A.S.A. 1947, § 46-122.
Ark. Code Ann. § 12-12-1707 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1707
Adult and long-term care facility resident maltreatment hotline
Status: in_force

(a) The Department of Human Services shall maintain a single statewide telephone number that all persons, whether mandated by law or not, may use to report a case of suspected adult maltreatment and long-term care facility resident maltreatment. (b) When appropriate, a copy of the initial report shall immediately be made available to the appropriate law enforcement agency for its consideration. (c) (1) The department shall not release information 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 that disclosure is necessary: (A) To prevent execution of a crime; or (B) For prosecution of a crime. (2) (A) However, any person to whom the name of the reporter is disclosed is prohibited from redisclosing this information, except as provided in subdivision (c)(2)(B) of this section. (B) (i) Upon request, the information shall be disclosed to: (a) The Attorney General; (b) The prosecuting attorney; or (c) Law enforcement officers. (ii) However, the information shall remain confidential until criminal charges are filed. (d) (1) A report of an allegation of suspected adult maltreatment or long-term care facility resident maltreatment shall be accepted if the allegation, if true, would constitute adult maltreatment or long-term care facility resident maltreatment and so long as sufficient identifying information is provided to identify and locate the victim. (2) A report to the hotline when the allegation, even if true, would not constitute adult maltreatment or long-term care facility resident maltreatment shall be screened out. (e) (1) The hotline shall accept a report if the victim or offender is present in Arkansas or if the incident occurred in Arkansas. (2) If the incident occurred in another state, the hotline shall screen out the report and transfer the report to the hotline of the state in which the incident occurred. (3) Upon request from an adult maltreatment or long-term care facility resident maltreatment investigator in another state, the department shall complete courtesy interviews with the victim, offender, or any witness of adult maltreatment who resides in Arkansas. (f) Upon registration of a hotline report of suspected adult maltreatment or long-term care facility resident maltreatment, the hotline shall refer the matter immediately to the appropriate investigating agency as outlined in this subchapter. Acts 2005, No. 1812, § 1.

(a) The Department of Human Services shall maintain a single statewide telephone number that all persons, whether mandated by law or not, may use to report a case of suspected adult maltreatment and long-term care facility resident maltreatment.

(b) When appropriate, a copy of the initial report shall immediately be made available to the appropriate law enforcement agency for its consideration.

(c) (1) The department shall not release information 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 that disclosure is necessary: (A) To prevent execution of a crime; or (B) For prosecution of a crime. (2) (A) However, any person to whom the name of the reporter is disclosed is prohibited from redisclosing this information, except as provided in subdivision (c)(2)(B) of this section. (B) (i) Upon request, the information shall be disclosed to: (a) The Attorney General; (b) The prosecuting attorney; or (c) Law enforcement officers. (ii) However, the information shall remain confidential until criminal charges are filed.

(1) The department shall not release information 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 that disclosure is necessary: (A) To prevent execution of a crime; or (B) For prosecution of a crime.

(A) To prevent execution of a crime; or

(B) For prosecution of a crime.

(2) (A) However, any person to whom the name of the reporter is disclosed is prohibited from redisclosing this information, except as provided in subdivision (c)(2)(B) of this section. (B) (i) Upon request, the information shall be disclosed to: (a) The Attorney General; (b) The prosecuting attorney; or (c) Law enforcement officers. (ii) However, the information shall remain confidential until criminal charges are filed.

(A) However, any person to whom the name of the reporter is disclosed is prohibited from redisclosing this information, except as provided in subdivision (c)(2)(B) of this section.

(B) (i) Upon request, the information shall be disclosed to: (a) The Attorney General; (b) The prosecuting attorney; or (c) Law enforcement officers. (ii) However, the information shall remain confidential until criminal charges are filed.

(i) Upon request, the information shall be disclosed to: (a) The Attorney General; (b) The prosecuting attorney; or (c) Law enforcement officers.

(a) The Attorney General;

(b) The prosecuting attorney; or

(c) Law enforcement officers.

(ii) However, the information shall remain confidential until criminal charges are filed.

(d) (1) A report of an allegation of suspected adult maltreatment or long-term care facility resident maltreatment shall be accepted if the allegation, if true, would constitute adult maltreatment or long-term care facility resident maltreatment and so long as sufficient identifying information is provided to identify and locate the victim. (2) A report to the hotline when the allegation, even if true, would not constitute adult maltreatment or long-term care facility resident maltreatment shall be screened out.

(1) A report of an allegation of suspected adult maltreatment or long-term care facility resident maltreatment shall be accepted if the allegation, if true, would constitute adult maltreatment or long-term care facility resident maltreatment and so long as sufficient identifying information is provided to identify and locate the victim.

(2) A report to the hotline when the allegation, even if true, would not constitute adult maltreatment or long-term care facility resident maltreatment shall be screened out.

(e) (1) The hotline shall accept a report if the victim or offender is present in Arkansas or if the incident occurred in Arkansas. (2) If the incident occurred in another state, the hotline shall screen out the report and transfer the report to the hotline of the state in which the incident occurred. (3) Upon request from an adult maltreatment or long-term care facility resident maltreatment investigator in another state, the department shall complete courtesy interviews with the victim, offender, or any witness of adult maltreatment who resides in Arkansas.

(1) The hotline shall accept a report if the victim or offender is present in Arkansas or if the incident occurred in Arkansas.

(2) If the incident occurred in another state, the hotline shall screen out the report and transfer the report to the hotline of the state in which the incident occurred.

(3) Upon request from an adult maltreatment or long-term care facility resident maltreatment investigator in another state, the department shall complete courtesy interviews with the victim, offender, or any witness of adult maltreatment who resides in Arkansas.

(f) Upon registration of a hotline report of suspected adult maltreatment or long-term care facility resident maltreatment, the hotline shall refer the matter immediately to the appropriate investigating agency as outlined in this subchapter.

Acts 2005, No. 1812, § 1.
Ark. Code Ann. § 12-18-1201 — AR Code / Title 12 / Chapter 18 / Subchapter 12 / Section 12-18-1201
Definition
Status: in_force

As used in this subchapter, "sexually exploited child" means a person less than eighteen (18) years of age who has been subject to sexual exploitation because the person: (1) Is a victim of trafficking of persons under § 5-18-103 ; (2) Is a victim of child sex trafficking under 18 U.S.C. § 1591 , as it existed on January 1, 2013; or (3) Engages in an act of prostitution under § 5-70-102 or sexual solicitation under § 5-70-103 . Added by Act 2013, No. 1257,§ 8, eff. 8/16/2013.

As used in this subchapter, "sexually exploited child" means a person less than eighteen (18) years of age who has been subject to sexual exploitation because the person:

(1) Is a victim of trafficking of persons under § 5-18-103 ;

(2) Is a victim of child sex trafficking under 18 U.S.C. § 1591 , as it existed on January 1, 2013; or

(3) Engages in an act of prostitution under § 5-70-102 or sexual solicitation under § 5-70-103 .

Added by Act 2013, No. 1257,§ 8, eff. 8/16/2013.
Ark. Code Ann. § 12-12-203 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-203
Supervisory board - Duties
Status: in_force

(a) The duties and responsibilities of the Supervisory Board for the Arkansas Crime Information Center are to: (1) Maintain and operate the Arkansas Crime Information Center; (2) Provide that the information obtained by this subchapter shall be restricted to the items specified in this subchapter and so administer the center so as not to accumulate any information or distribute any information that is not specifically approved in this subchapter; (3) Provide for adequate security safeguards to ensure that the data available through this system are used only by properly authorized persons and agencies; (4) Provide for uniform reporting and tracking systems to report data authorized by this subchapter. Standard forms and procedures for reporting authorized data under this subchapter shall be prescribed by the board; (5) Establish such rules and policies as may be necessary for the efficient and effective use and operation of the center under the limitations imposed by the terms of this subchapter; (6) Provide for the reporting of authorized information under the limitations of this subchapter to the United States Department of Justice under its national system of crime reporting; and (7) Provide for research and development activities that will encourage the application of advanced technology, including the development of prototype systems and procedures, the development of plans for the implementing of these prototypes, and the development of technological expertise which can provide assistance in the application of technology in record and communication systems in Arkansas. (b) The board shall establish its own rules for performance of the responsibilities charged to the board in this subchapter. Amended by Act 2019, No. 315,§ 857, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 856, eff. 7/24/2019. Acts 1971, No. 286, §§ 3, 5; 1975, No. 742, §§ 3, 5; A.S.A. 1947, §§ 5-1103, 5-1105.

(a) The duties and responsibilities of the Supervisory Board for the Arkansas Crime Information Center are to: (1) Maintain and operate the Arkansas Crime Information Center; (2) Provide that the information obtained by this subchapter shall be restricted to the items specified in this subchapter and so administer the center so as not to accumulate any information or distribute any information that is not specifically approved in this subchapter; (3) Provide for adequate security safeguards to ensure that the data available through this system are used only by properly authorized persons and agencies; (4) Provide for uniform reporting and tracking systems to report data authorized by this subchapter. Standard forms and procedures for reporting authorized data under this subchapter shall be prescribed by the board; (5) Establish such rules and policies as may be necessary for the efficient and effective use and operation of the center under the limitations imposed by the terms of this subchapter; (6) Provide for the reporting of authorized information under the limitations of this subchapter to the United States Department of Justice under its national system of crime reporting; and (7) Provide for research and development activities that will encourage the application of advanced technology, including the development of prototype systems and procedures, the development of plans for the implementing of these prototypes, and the development of technological expertise which can provide assistance in the application of technology in record and communication systems in Arkansas.

(1) Maintain and operate the Arkansas Crime Information Center;

(2) Provide that the information obtained by this subchapter shall be restricted to the items specified in this subchapter and so administer the center so as not to accumulate any information or distribute any information that is not specifically approved in this subchapter;

(3) Provide for adequate security safeguards to ensure that the data available through this system are used only by properly authorized persons and agencies;

(4) Provide for uniform reporting and tracking systems to report data authorized by this subchapter. Standard forms and procedures for reporting authorized data under this subchapter shall be prescribed by the board;

(5) Establish such rules and policies as may be necessary for the efficient and effective use and operation of the center under the limitations imposed by the terms of this subchapter;

(6) Provide for the reporting of authorized information under the limitations of this subchapter to the United States Department of Justice under its national system of crime reporting; and

(7) Provide for research and development activities that will encourage the application of advanced technology, including the development of prototype systems and procedures, the development of plans for the implementing of these prototypes, and the development of technological expertise which can provide assistance in the application of technology in record and communication systems in Arkansas.

(b) The board shall establish its own rules for performance of the responsibilities charged to the board in this subchapter.

Amended by Act 2019, No. 315,§ 857, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 856, eff. 7/24/2019.

Acts 1971, No. 286, §§ 3, 5; 1975, No. 742, §§ 3, 5; A.S.A. 1947, §§ 5-1103, 5-1105.
Ark. Code Ann. § 12-12-304 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-304
Director of the State Crime Laboratory
Status: in_force

(a) (1) The State Crime Laboratory shall be headed by a director who shall be appointed by the Governor and who shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Public Safety. (b) The director may delegate specific duties to competent and qualified associates, assistants, and deputies who may act for the director within the scope of the authority granted him or her, subject, however, to such rules as may be prescribed by the State Crime Laboratory Board. (c) The board shall prescribe the duties, responsibilities, compensation, and qualifications for the director. Amended by Act 2019, No. 315,§ 861, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5843, eff. 7/1/2019. Acts 1979, No. 864, §§ 5, 6; A.S.A. 1947, §§ 42-1207, 42-1208.

(a) (1) The State Crime Laboratory shall be headed by a director who shall be appointed by the Governor and who shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Public Safety.

(1) The State Crime Laboratory shall be headed by a director who shall be appointed by the Governor and who shall serve at the pleasure of the Governor.

(2) The director shall report to the Secretary of the Department of Public Safety.

(b) The director may delegate specific duties to competent and qualified associates, assistants, and deputies who may act for the director within the scope of the authority granted him or her, subject, however, to such rules as may be prescribed by the State Crime Laboratory Board.

(c) The board shall prescribe the duties, responsibilities, compensation, and qualifications for the director.

Amended by Act 2019, No. 315,§ 861, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5843, eff. 7/1/2019.

Acts 1979, No. 864, §§ 5, 6; A.S.A. 1947, §§ 42-1207, 42-1208.
Ark. Code Ann. § 12-75-101 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-101
Title
Status: in_force

This chapter may be cited as the Arkansas Emergency Services Act of 1973. Acts 1973, No. 511, § 1; A.S.A. 1947, § 11-1934. See Act 2019, No. 599, § 1. See Act 2003, No. 1366, § 2 to 4.

This chapter may be cited as the Arkansas Emergency Services Act of 1973.

Acts 1973, No. 511, § 1; A.S.A. 1947, § 11-1934.

See Act 2019, No. 599, § 1.

See Act 2003, No. 1366, § 2 to 4.
Ark. Code Ann. § 12-41-304 — AR Code / Title 12 / Chapter 41 / Subchapter 3 / Section 12-41-304
Supervision by court
Status: in_force

(a) The county court shall have general supervisory control over the farm and house of correction and shall take means to correct any mismanagement of the facilities. (b) With the advice of the superintendent, the county court shall prescribe, from time to time, such rules for the government and discipline of prisoners in the house of correction and for the discipline and control of the labor of the prisoner, as the county court shall deem most expedient and wholesome. Acts 1868, No. 27, §§ 11, 14, p. 84; C. & M. Dig., §§ 1966, 1969; Pope's Dig., §§ 2495, 2498; A.S.A. 1947, §§ 46-611, 46-614.

(a) The county court shall have general supervisory control over the farm and house of correction and shall take means to correct any mismanagement of the facilities.

(b) With the advice of the superintendent, the county court shall prescribe, from time to time, such rules for the government and discipline of prisoners in the house of correction and for the discipline and control of the labor of the prisoner, as the county court shall deem most expedient and wholesome.

Acts 1868, No. 27, §§ 11, 14, p. 84; C. & M. Dig., §§ 1966, 1969; Pope's Dig., §§ 2495, 2498; A.S.A. 1947, §§ 46-611, 46-614.
Ark. Code Ann. § 12-51-102 — AR Code / Title 12 / Chapter 51 / Subchapter 1 / Section 12-51-102
Definitions
Status: in_force

As used in this compact, unless the context clearly requires a different construction: (1) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law; (2) "Bylaws" mean those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct; (3) "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact; (4) "Compacting state" means any state which has enacted the enabling legislation for this compact; (5) "Commissioner" means the voting representative of each compacting state appointed pursuant to Article III of this compact, i.e., § 12-51-103 ; (6) "Interstate commission" means the Interstate Commission for Adult Offender Supervision established by this compact; (7) "Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner; (8) "Noncompacting state" means any state which has not enacted the enabling legislation for this compact; (9) "Offender" means an adult placed under or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies; (10) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private; (11) "Rules" means acts of the interstate commission, duly promulgated pursuant to Article VIII of this compact, i.e., § 12-51-302 , substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states; (12) "State" means a state of the United States, the District of Columbia and any other territorial possessions of the United States; and (13) "State council" means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact, i.e., § 12-51-103 . Acts 2001, No. 253, § 1.

As used in this compact, unless the context clearly requires a different construction:

(1) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law;

(2) "Bylaws" mean those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct;

(3) "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact;

(4) "Compacting state" means any state which has enacted the enabling legislation for this compact;

(5) "Commissioner" means the voting representative of each compacting state appointed pursuant to Article III of this compact, i.e., § 12-51-103 ;

(6) "Interstate commission" means the Interstate Commission for Adult Offender Supervision established by this compact;

(7) "Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner;

(8) "Noncompacting state" means any state which has not enacted the enabling legislation for this compact;

(9) "Offender" means an adult placed under or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies;

(10) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private;

(11) "Rules" means acts of the interstate commission, duly promulgated pursuant to Article VIII of this compact, i.e., § 12-51-302 , substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states;

(12) "State" means a state of the United States, the District of Columbia and any other territorial possessions of the United States; and

(13) "State council" means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact, i.e., § 12-51-103 .

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-51-104 — AR Code / Title 12 / Chapter 51 / Subchapter 1 / Section 12-51-104
The state council
Status: in_force

(a) An Arkansas State Council for the Interstate Commission for Adult Offender Supervision is created, which shall consist of the following members: (1) One (1) nonelected person, chosen from a list of five (5) names submitted by the Director of the Division of Community Correction, who will act as the representative of the legislative branch of government, to be appointed by the President Pro Tempore of the Senate; (2) One (1) representative of the judicial branch of government, who is not an acting judge, appointed by the Governor; (3) The members of the Board of Corrections, who will act as representatives of the executive branch of government, appointed by the Governor; (4) One (1) representative from a victims group appointed by the Governor; (5) One (1) prosecuting attorney, appointed by the Governor; (6) One (1) county sheriff, appointed by the Governor; and (7) The director or his or her designee who, in addition to serving as a member of the council, shall be appointed by the Governor as the compact administrator for the state. (b) The council shall appoint the compact administrator as the Arkansas commissioner to the interstate commission, who shall serve on the interstate commission in such capacity under or pursuant to the applicable law of this state. (c) The council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by the council, including development of policy concerning operations and procedures of the compact within this state. Amended by Act 2023, No. 774,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 845, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 844, eff. 7/1/2019. Amended by Act 2017, No. 240,§ 1, eff. 8/1/2017. Acts 2001, No. 253, § 1; 2005, No. 1153, § 1.

(a) An Arkansas State Council for the Interstate Commission for Adult Offender Supervision is created, which shall consist of the following members: (1) One (1) nonelected person, chosen from a list of five (5) names submitted by the Director of the Division of Community Correction, who will act as the representative of the legislative branch of government, to be appointed by the President Pro Tempore of the Senate; (2) One (1) representative of the judicial branch of government, who is not an acting judge, appointed by the Governor; (3) The members of the Board of Corrections, who will act as representatives of the executive branch of government, appointed by the Governor; (4) One (1) representative from a victims group appointed by the Governor; (5) One (1) prosecuting attorney, appointed by the Governor; (6) One (1) county sheriff, appointed by the Governor; and (7) The director or his or her designee who, in addition to serving as a member of the council, shall be appointed by the Governor as the compact administrator for the state.

(1) One (1) nonelected person, chosen from a list of five (5) names submitted by the Director of the Division of Community Correction, who will act as the representative of the legislative branch of government, to be appointed by the President Pro Tempore of the Senate;

(2) One (1) representative of the judicial branch of government, who is not an acting judge, appointed by the Governor;

(3) The members of the Board of Corrections, who will act as representatives of the executive branch of government, appointed by the Governor;

(4) One (1) representative from a victims group appointed by the Governor;

(5) One (1) prosecuting attorney, appointed by the Governor;

(6) One (1) county sheriff, appointed by the Governor; and

(7) The director or his or her designee who, in addition to serving as a member of the council, shall be appointed by the Governor as the compact administrator for the state.

(b) The council shall appoint the compact administrator as the Arkansas commissioner to the interstate commission, who shall serve on the interstate commission in such capacity under or pursuant to the applicable law of this state.

(c) The council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by the council, including development of policy concerning operations and procedures of the compact within this state.

Amended by Act 2023, No. 774,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 845, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 844, eff. 7/1/2019.

Amended by Act 2017, No. 240,§ 1, eff. 8/1/2017.

Acts 2001, No. 253, § 1; 2005, No. 1153, § 1.
Ark. Code Ann. § 12-27-112 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-112
Sale of lands and facilities of the Department of Correction
Status: in_force

(a) None of the lands under the control and jurisdiction of the State Penitentiary on March 1, 1968, shall be sold or otherwise disposed of by the Board of Corrections or the Department of Correction except upon specific authorization by the General Assembly. (b) (1) The authority granted state boards and commissions to sell land belonging to state institutions, as provided in §§ 22-6-601 and 22-6-602 , shall not be applicable to the penitentiary, the board, and the department. (2) It is the intent of this section that lands under the control and jurisdiction of the penitentiary on March 1, 1968, may be sold or otherwise disposed of only upon specific authorization therefor by laws enacted by the General Assembly subsequent to March 1, 1968. Acts 1968 (1st Ex. Sess.), No. 50, § 40; A.S.A. 1947, § 46-111.

(a) None of the lands under the control and jurisdiction of the State Penitentiary on March 1, 1968, shall be sold or otherwise disposed of by the Board of Corrections or the Department of Correction except upon specific authorization by the General Assembly.

(b) (1) The authority granted state boards and commissions to sell land belonging to state institutions, as provided in §§ 22-6-601 and 22-6-602 , shall not be applicable to the penitentiary, the board, and the department. (2) It is the intent of this section that lands under the control and jurisdiction of the penitentiary on March 1, 1968, may be sold or otherwise disposed of only upon specific authorization therefor by laws enacted by the General Assembly subsequent to March 1, 1968.

(1) The authority granted state boards and commissions to sell land belonging to state institutions, as provided in §§ 22-6-601 and 22-6-602 , shall not be applicable to the penitentiary, the board, and the department.

(2) It is the intent of this section that lands under the control and jurisdiction of the penitentiary on March 1, 1968, may be sold or otherwise disposed of only upon specific authorization therefor by laws enacted by the General Assembly subsequent to March 1, 1968.

Acts 1968 (1st Ex. Sess.), No. 50, § 40; A.S.A. 1947, § 46-111.
Ark. Code Ann. § 12-13-302 — AR Code / Title 12 / Chapter 13 / Subchapter 3 / Section 12-13-302
Definitions
Status: in_force

As used in this subchapter: (1) "Action" includes nonaction or the failure to take action; (2) "Authorized agencies" means any law enforcement agency or agency or instrumentality of this state, of a county or municipality, or of the federal government which is charged with the responsibility of investigating fires; (3) "Immune" means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this subchapter when actual malice on the part of the insurer or its representative against the insured is not present; (4) "Insurer" shall include every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance; (5) "Named insured" means the person whose name appears on the face of the policy as the insured individual; and (6) "Relevant information" means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the information. Acts 1981, No. 123, §§ 2, 3; A.S.A. 1947, §§ 66-5602, 66-5603.

As used in this subchapter:

(1) "Action" includes nonaction or the failure to take action;

(2) "Authorized agencies" means any law enforcement agency or agency or instrumentality of this state, of a county or municipality, or of the federal government which is charged with the responsibility of investigating fires;

(3) "Immune" means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this subchapter when actual malice on the part of the insurer or its representative against the insured is not present;

(4) "Insurer" shall include every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance;

(5) "Named insured" means the person whose name appears on the face of the policy as the insured individual; and

(6) "Relevant information" means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the information.

Acts 1981, No. 123, §§ 2, 3; A.S.A. 1947, §§ 66-5602, 66-5603.
Ark. Code Ann. § 12-18-108 — AR Code / Title 12 / Chapter 18 / Subchapter 1 / Section 12-18-108
Maintenance of forensic samples from abortions performed on a child
Status: in_force

(a) (1) A physician who performs an abortion on a child who is less than seventeen (17) years of age at the time of the abortion shall preserve under this subchapter fetal tissue extracted during the abortion in accordance with rules adopted by the office of the State Crime Laboratory. (2) Before submitting the tissue under subdivision (a)(1) of this section, the physician shall redact protected health information as required under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. (3) The physician or the reporting medical facility shall contact the law enforcement agency in the jurisdiction where the child resides. (b) The State Crime Laboratory shall adopt rules prescribing: (1) The amount and type of fetal tissue to be preserved under this section; (2) Procedures for the proper preservation of the tissue for the purpose of DNA testing and examination; (3) Procedures for documenting the chain of custody of the tissue for use as evidence; (4) Procedures for proper disposal of fetal tissue preserved under this section; (5) A uniform reporting instrument mandated to be utilized by physicians when submitting fetal tissue under this section which shall include the name and address of the physician submitting the fetal tissue and the name and complete address of residence of the parent or legal guardian of the child upon whom the abortion was performed; and (6) Procedures for communication with law enforcement agencies regarding evidence and information obtained under this section. (c) Failure of a physician to comply with this section or any rule adopted under this section shall constitute unprofessional conduct under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. Amended by Act 2017, No. 1018,§ 1, eff. 8/1/2017. Added by Act 2013, No. 725,§ 5, eff. 8/16/2013.

(a) (1) A physician who performs an abortion on a child who is less than seventeen (17) years of age at the time of the abortion shall preserve under this subchapter fetal tissue extracted during the abortion in accordance with rules adopted by the office of the State Crime Laboratory. (2) Before submitting the tissue under subdivision (a)(1) of this section, the physician shall redact protected health information as required under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. (3) The physician or the reporting medical facility shall contact the law enforcement agency in the jurisdiction where the child resides.

(1) A physician who performs an abortion on a child who is less than seventeen (17) years of age at the time of the abortion shall preserve under this subchapter fetal tissue extracted during the abortion in accordance with rules adopted by the office of the State Crime Laboratory.

(2) Before submitting the tissue under subdivision (a)(1) of this section, the physician shall redact protected health information as required under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

(3) The physician or the reporting medical facility shall contact the law enforcement agency in the jurisdiction where the child resides.

(b) The State Crime Laboratory shall adopt rules prescribing: (1) The amount and type of fetal tissue to be preserved under this section; (2) Procedures for the proper preservation of the tissue for the purpose of DNA testing and examination; (3) Procedures for documenting the chain of custody of the tissue for use as evidence; (4) Procedures for proper disposal of fetal tissue preserved under this section; (5) A uniform reporting instrument mandated to be utilized by physicians when submitting fetal tissue under this section which shall include the name and address of the physician submitting the fetal tissue and the name and complete address of residence of the parent or legal guardian of the child upon whom the abortion was performed; and (6) Procedures for communication with law enforcement agencies regarding evidence and information obtained under this section.

(1) The amount and type of fetal tissue to be preserved under this section;

(2) Procedures for the proper preservation of the tissue for the purpose of DNA testing and examination;

(3) Procedures for documenting the chain of custody of the tissue for use as evidence;

(4) Procedures for proper disposal of fetal tissue preserved under this section;

(5) A uniform reporting instrument mandated to be utilized by physicians when submitting fetal tissue under this section which shall include the name and address of the physician submitting the fetal tissue and the name and complete address of residence of the parent or legal guardian of the child upon whom the abortion was performed; and

(6) Procedures for communication with law enforcement agencies regarding evidence and information obtained under this section.

(c) Failure of a physician to comply with this section or any rule adopted under this section shall constitute unprofessional conduct under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

Amended by Act 2017, No. 1018,§ 1, eff. 8/1/2017.

Added by Act 2013, No. 725,§ 5, eff. 8/16/2013.
Ark. Code Ann. § 12-29-503 — AR Code / Title 12 / Chapter 29 / Subchapter 5 / Section 12-29-503
Monthly reports on prisoners - Investigation
Status: in_force

(a) (1) The Director of the Department of Correction or the Director of the Department of Community Correction shall forward to the Attorney General a list containing the name of each prisoner in the respective penal facilities of the Department of Correction or the Department of Community Correction, the county from which he or she was sentenced, the term of the sentence, the date of admission, together with all information available to the appropriate department on the financial responsibilities of the prisoner. (2) The report shall be made on forms to be agreed upon by the Director of the Department of Correction and the Attorney General or his or her designated employee and shall be made on or before the tenth day of each month. (b) The Attorney General shall investigate or cause to be investigated all such reports furnished by the Department of Correction or the Department of Community Correction for the purpose of securing reimbursement for the expenses of the State of Arkansas for the cost of care of the prisoners. Amended by Act 2013, No. 289,§ 2, eff. 8/16/2013. Acts 1981, No. 715, § 3; A.S.A. 1947, § 46-1703.

(a) (1) The Director of the Department of Correction or the Director of the Department of Community Correction shall forward to the Attorney General a list containing the name of each prisoner in the respective penal facilities of the Department of Correction or the Department of Community Correction, the county from which he or she was sentenced, the term of the sentence, the date of admission, together with all information available to the appropriate department on the financial responsibilities of the prisoner. (2) The report shall be made on forms to be agreed upon by the Director of the Department of Correction and the Attorney General or his or her designated employee and shall be made on or before the tenth day of each month.

(1) The Director of the Department of Correction or the Director of the Department of Community Correction shall forward to the Attorney General a list containing the name of each prisoner in the respective penal facilities of the Department of Correction or the Department of Community Correction, the county from which he or she was sentenced, the term of the sentence, the date of admission, together with all information available to the appropriate department on the financial responsibilities of the prisoner.

(2) The report shall be made on forms to be agreed upon by the Director of the Department of Correction and the Attorney General or his or her designated employee and shall be made on or before the tenth day of each month.

(b) The Attorney General shall investigate or cause to be investigated all such reports furnished by the Department of Correction or the Department of Community Correction for the purpose of securing reimbursement for the expenses of the State of Arkansas for the cost of care of the prisoners.

Amended by Act 2013, No. 289,§ 2, eff. 8/16/2013.

Acts 1981, No. 715, § 3; A.S.A. 1947, § 46-1703.
Ark. Code Ann. § 12-82-101 — AR Code / Title 12 / Chapter 82 / Section 12-82-101
Title
Status: in_force

This chapter may be known and cited as the Arkansas SERC/LEPC Act. Acts 1993, No. 567, § 1.

This chapter may be known and cited as the Arkansas SERC/LEPC Act.

Acts 1993, No. 567, § 1.
Ark. Code Ann. § 12-9-101 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-101
Legislative determinations
Status: in_force

The General Assembly finds and determines that: (1) The administration of criminal justice is of statewide concern and that law enforcement is important to the health, safety, and welfare of the people of this state; (2) The state has a responsibility to ensure effective law enforcement by establishing minimum selection, training, and educational requirements for law enforcement officers and also to encourage advanced in-service training programs; and (3) It is in the public interest that minimum levels of education and training be developed and made available to persons seeking to become law enforcement officers and to persons presently serving as law enforcement officers. Acts 1975, No. 452, § 1; A.S.A. 1947, § 42-1001n.

The General Assembly finds and determines that:

(1) The administration of criminal justice is of statewide concern and that law enforcement is important to the health, safety, and welfare of the people of this state;

(2) The state has a responsibility to ensure effective law enforcement by establishing minimum selection, training, and educational requirements for law enforcement officers and also to encourage advanced in-service training programs; and

(3) It is in the public interest that minimum levels of education and training be developed and made available to persons seeking to become law enforcement officers and to persons presently serving as law enforcement officers.

Acts 1975, No. 452, § 1; A.S.A. 1947, § 42-1001n.
Ark. Code Ann. § 12-18-503 — AR Code / Title 12 / Chapter 18 / Subchapter 5 / Section 12-18-503
Notification generally
Status: in_force

The Department of Human Services and the Department of Arkansas State Police shall notify the following of any report of child maltreatment within five (5) business days: (1) The legal parents, legal guardians, and current foster parent of a child in foster care who is named as a victim or alleged offender; (2) The attorney ad litem for any child named as the victim or alleged offender; (3) A person appointed by the court as the Court Appointed Special Advocates volunteer for any child named as the victim or alleged offender; (4) Counsel in a dependency-neglect case or family in need of services case when the child is named as a victim or alleged offender; (5) The attorney ad litem and Court Appointed Special Advocates volunteer for all other children in the same foster home if the child maltreatment occurred in a foster home; (6) The attorney ad litem and Court Appointed Special Advocates volunteer for any child in foster care when the alleged juvenile offender or underaged juvenile offender is placed in the same placement as the attorney ad litem or Court Appointed Special Advocates volunteer's client; (7) The responsible multidisciplinary team; and (8) A mandated reporter, if the mandated reporter made the initial notification of suspected child maltreatment and the notification has been accepted for investigation. Amended by Act 2015, No. 1004,§ 7, eff. 7/22/2015. Acts 2009, No. 749, § 1; 2011, No. 1143, § 9.

The Department of Human Services and the Department of Arkansas State Police shall notify the following of any report of child maltreatment within five (5) business days:

(1) The legal parents, legal guardians, and current foster parent of a child in foster care who is named as a victim or alleged offender;

(2) The attorney ad litem for any child named as the victim or alleged offender;

(3) A person appointed by the court as the Court Appointed Special Advocates volunteer for any child named as the victim or alleged offender;

(4) Counsel in a dependency-neglect case or family in need of services case when the child is named as a victim or alleged offender;

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

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

(7) The responsible multidisciplinary team; and

(8) A mandated reporter, if the mandated reporter made the initial notification of suspected child maltreatment and the notification has been accepted for investigation.

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

Acts 2009, No. 749, § 1; 2011, No. 1143, § 9.
Ark. Code Ann. § 12-11-101 — AR Code / Title 12 / Chapter 11 / Section 12-11-101
Preventive measures
Status: in_force

The commission of public offenses may be prevented by proceedings: (1) For suppressing riots and resistance to lawful authority; (2) For requiring security to keep the peace or for good behavior; and (3) For arresting and confining insane, drunken, and disorderly persons. Crim. Code, § 9; C. & M. Dig., § 3323; Pope's Dig., § 4171; A.S.A. 1947, § 42-201.

The commission of public offenses may be prevented by proceedings:

(1) For suppressing riots and resistance to lawful authority;

(2) For requiring security to keep the peace or for good behavior; and

(3) For arresting and confining insane, drunken, and disorderly persons.

Crim. Code, § 9; C. & M. Dig., § 3323; Pope's Dig., § 4171; A.S.A. 1947, § 42-201.
Ark. Code Ann. § 12-50-103 — AR Code / Title 12 / Chapter 50 / Section 12-50-103
Definitions
Status: in_force

As used in this chapter: (1) "Board" means the Board of Corrections; (2) "Bond" or "bonds" means all bonds, notes, certificates, or other instruments or evidences of indebtedness issued by the Arkansas Development Finance Authority to finance prison facilities; (3) "Correctional services" means the following functions, services, and activities when provided within a prison or otherwise: (A) The operation of facilities, including management, custody of inmates, and providing security; (B) Food services, commissary, medical services, transportation, sanitation, or other ancillary services; (C) Development and implementation assistance for classification, management, information systems, or other information systems or services; (D) Education, training, and jobs programs; and (E) Counseling, special treatment programs, or other programs for special needs; (4) "Department" means the Department of Correction; (5) "Director" means the Director of the Department of Correction; (6) "Governing body" means: (A) The city council or board of directors or comparable body for a city; (B) The town council or board of directors or comparable body for a town; or (C) The quorum court for a county; (7) "Local facilities" means those correctional facilities that are under the jurisdiction of a political subdivision; (8) "Political subdivision" means a city of any class, a town, or a county; (9) "Prison", "facility", or "prison facility" means any institution operated by or under the authority of the department or a political subdivision, public facilities board, redevelopment district, county sheriff, or chief of police and includes, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means, any physical betterment or improvement related to the housing of inmates or any preliminary plans, studies, or surveys relative thereto; land or rights to land; and any furnishings, machines, vehicles, apparatus, or equipment for use in connection with any prison facility; (10) "Prison contractor" or "contractor" means any entity entering a contractual agreement to provide any correctional services to inmates under the custody of the state or a political subdivision, public facilities board, or redevelopment district; (11) "Private correctional facility" means any prison, facility, or prison facility in which correctional services for inmates are provided by a prison contractor or contractor; (12) "State" means the State of Arkansas; and (13) "State facilities" means those correctional facilities that are under the jurisdiction of the department. Acts 1987, No. 427, § 3; 2001, No. 616, § 1.

As used in this chapter:

(1) "Board" means the Board of Corrections;

(2) "Bond" or "bonds" means all bonds, notes, certificates, or other instruments or evidences of indebtedness issued by the Arkansas Development Finance Authority to finance prison facilities;

(3) "Correctional services" means the following functions, services, and activities when provided within a prison or otherwise: (A) The operation of facilities, including management, custody of inmates, and providing security; (B) Food services, commissary, medical services, transportation, sanitation, or other ancillary services; (C) Development and implementation assistance for classification, management, information systems, or other information systems or services; (D) Education, training, and jobs programs; and (E) Counseling, special treatment programs, or other programs for special needs;

(A) The operation of facilities, including management, custody of inmates, and providing security;

(B) Food services, commissary, medical services, transportation, sanitation, or other ancillary services;

(C) Development and implementation assistance for classification, management, information systems, or other information systems or services;

(D) Education, training, and jobs programs; and

(E) Counseling, special treatment programs, or other programs for special needs;

(4) "Department" means the Department of Correction;

(5) "Director" means the Director of the Department of Correction;

(6) "Governing body" means: (A) The city council or board of directors or comparable body for a city; (B) The town council or board of directors or comparable body for a town; or (C) The quorum court for a county;

(A) The city council or board of directors or comparable body for a city;

(B) The town council or board of directors or comparable body for a town; or

(C) The quorum court for a county;

(7) "Local facilities" means those correctional facilities that are under the jurisdiction of a political subdivision;

(8) "Political subdivision" means a city of any class, a town, or a county;

(9) "Prison", "facility", or "prison facility" means any institution operated by or under the authority of the department or a political subdivision, public facilities board, redevelopment district, county sheriff, or chief of police and includes, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means, any physical betterment or improvement related to the housing of inmates or any preliminary plans, studies, or surveys relative thereto; land or rights to land; and any furnishings, machines, vehicles, apparatus, or equipment for use in connection with any prison facility;

(10) "Prison contractor" or "contractor" means any entity entering a contractual agreement to provide any correctional services to inmates under the custody of the state or a political subdivision, public facilities board, or redevelopment district;

(11) "Private correctional facility" means any prison, facility, or prison facility in which correctional services for inmates are provided by a prison contractor or contractor;

(12) "State" means the State of Arkansas; and

(13) "State facilities" means those correctional facilities that are under the jurisdiction of the department.

Acts 1987, No. 427, § 3; 2001, No. 616, § 1.
Ark. Code Ann. § 12-10-207 — AR Code / Title 12 / Chapter 10 / Subchapter 2 / Section 12-10-207
Interfacing the Department of Arkansas State Police Communications System
Status: in_force

In order to interface the separate Department of Arkansas State Police communications system with that of the statewide law enforcement communications system: (1) All municipal and county law enforcement agencies should install receivers on the frequency of the district of the Department of Arkansas State Police in which their county or city is located, at their base stations and in their vehicles so that effective cross banding of communications with the department can be accomplished when necessary; (2) All department district headquarters will monitor the statewide base-to-base frequency, thirty-seven and two tenths megahertz (37.20 MHz), and the statewide emergency frequency, thirty-seven and twenty-four hundredths megahertz (37.24 MHz), and respond to calls by transmitting on the frequency of the district of the department in which their county or city is located, which will be monitored by local law enforcement agencies; (3) All department mobile units will have the capability to monitor the emergency frequency, thirty-seven and twenty-four hundredths megahertz (37.24 MHz), and respond to calls by transmitting on the frequency of the district of the department in which their county or city is located, which will be monitored by local law enforcement agencies; and (4) With the permission of the department, counties may, at their own expense, place complete mobile radios with the assigned county frequency in department vehicles. Acts 1979, No. 520, § 5; A.S.A. 1947, § 42-1105.

In order to interface the separate Department of Arkansas State Police communications system with that of the statewide law enforcement communications system:

(1) All municipal and county law enforcement agencies should install receivers on the frequency of the district of the Department of Arkansas State Police in which their county or city is located, at their base stations and in their vehicles so that effective cross banding of communications with the department can be accomplished when necessary;

(2) All department district headquarters will monitor the statewide base-to-base frequency, thirty-seven and two tenths megahertz (37.20 MHz), and the statewide emergency frequency, thirty-seven and twenty-four hundredths megahertz (37.24 MHz), and respond to calls by transmitting on the frequency of the district of the department in which their county or city is located, which will be monitored by local law enforcement agencies;

(3) All department mobile units will have the capability to monitor the emergency frequency, thirty-seven and twenty-four hundredths megahertz (37.24 MHz), and respond to calls by transmitting on the frequency of the district of the department in which their county or city is located, which will be monitored by local law enforcement agencies; and

(4) With the permission of the department, counties may, at their own expense, place complete mobile radios with the assigned county frequency in department vehicles.

Acts 1979, No. 520, § 5; A.S.A. 1947, § 42-1105.
Ark. Code Ann. § 12-80-106 — AR Code / Title 12 / Chapter 80 / Section 12-80-106
Violations and penalties
Status: in_force

(a) Any owner knowingly constructing a public building within this state without complying with the provisions of this chapter shall be guilty of a violation and shall upon conviction be sentenced to pay a fine of not less than one thousand dollars ($1,000). (b) Each day of the unlawful construction practice shall constitute a distinct and separate offense. Acts 1991, No. 1100, § 6; 2005, No. 1994, § 79.

(a) Any owner knowingly constructing a public building within this state without complying with the provisions of this chapter shall be guilty of a violation and shall upon conviction be sentenced to pay a fine of not less than one thousand dollars ($1,000).

(b) Each day of the unlawful construction practice shall constitute a distinct and separate offense.

Acts 1991, No. 1100, § 6; 2005, No. 1994, § 79.
Ark. Code Ann. § 12-8-303 — AR Code / Title 12 / Chapter 8 / Subchapter 3 / Section 12-8-303
Definitions
Status: in_force

As used in this subchapter: (1) "Acquire" means to acquire by lease, lease-purchase, or otherwise, construct, repair, alter, install, restore, or place on any land or in any building or motor vehicle any communications equipment by negotiation or bidding upon such terms and conditions as are determined by the Arkansas State Police Commission to be in the best interests of the Division of Arkansas State Police and that will most effectively serve the purposes of this subchapter; (2) "Commission" means the Arkansas State Police Commission, which is the commission created by § 12-8-102 , or any successor agency; (3) "Communications equipment" means public safety communication equipment and systems, including buildings, structures, furnishings, and fixtures used directly for public safety purposes in connection with the operation thereof, including, but not limited to, radio broadcast and receiving, telegraph, television, teletype, microwave transmission, and similar systems of communication by voice or by conveyance of words, signals, or images by electronic or electrical means; (4) "Cost", as applied to communications equipment, means all costs of such equipment and, without limiting the generality of the foregoing, shall include the following: (A) All costs of the acquisition of any such communications equipment and all costs incident or related thereto; (B) The cost of architectural, engineering, legal, and related services, including: (i) The cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and of revenue; and (ii) All other expenses necessary or incident to planning, providing or determining the need for or the feasibility and practicability of such communications equipment; and (C) All costs paid or incurred in connection with the financing of such communications equipment, including: (i) Out-of-pocket expenses; (ii) The cost of financing, legal, accounting, financial advisory and consulting fees, expenses, and disbursements; (iii) The cost of any policy of insurance, letter of credit, or guaranty; (iv) The cost of printing, engraving, and reproduction services; and (v) The cost of the initial or acceptance fee of any trustee or paying agent; (5) [Repealed.] (6) [Repealed.] (7) "Lease or lease-purchase agreement" means the contract entered into by the commission to acquire the communications equipment; (8) "Lease payments" means payments to be made by the division from pledged revenues or other legally available sources to pay costs of communications equipment; and (9) "Pledged revenues" means all revenues authorized by § 12-8-307 to be pledged for the security and payment of the lease. Amended by Act 2019, No. 910,§ 5793, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5792, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5791, eff. 7/1/2019. Acts 1985, No. 817, § 3; A.S.A. 1947, § 42-470.

As used in this subchapter:

(1) "Acquire" means to acquire by lease, lease-purchase, or otherwise, construct, repair, alter, install, restore, or place on any land or in any building or motor vehicle any communications equipment by negotiation or bidding upon such terms and conditions as are determined by the Arkansas State Police Commission to be in the best interests of the Division of Arkansas State Police and that will most effectively serve the purposes of this subchapter;

(2) "Commission" means the Arkansas State Police Commission, which is the commission created by § 12-8-102 , or any successor agency;

(3) "Communications equipment" means public safety communication equipment and systems, including buildings, structures, furnishings, and fixtures used directly for public safety purposes in connection with the operation thereof, including, but not limited to, radio broadcast and receiving, telegraph, television, teletype, microwave transmission, and similar systems of communication by voice or by conveyance of words, signals, or images by electronic or electrical means;

(4) "Cost", as applied to communications equipment, means all costs of such equipment and, without limiting the generality of the foregoing, shall include the following: (A) All costs of the acquisition of any such communications equipment and all costs incident or related thereto; (B) The cost of architectural, engineering, legal, and related services, including: (i) The cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and of revenue; and (ii) All other expenses necessary or incident to planning, providing or determining the need for or the feasibility and practicability of such communications equipment; and (C) All costs paid or incurred in connection with the financing of such communications equipment, including: (i) Out-of-pocket expenses; (ii) The cost of financing, legal, accounting, financial advisory and consulting fees, expenses, and disbursements; (iii) The cost of any policy of insurance, letter of credit, or guaranty; (iv) The cost of printing, engraving, and reproduction services; and (v) The cost of the initial or acceptance fee of any trustee or paying agent;

(A) All costs of the acquisition of any such communications equipment and all costs incident or related thereto;

(B) The cost of architectural, engineering, legal, and related services, including: (i) The cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and of revenue; and (ii) All other expenses necessary or incident to planning, providing or determining the need for or the feasibility and practicability of such communications equipment; and

(i) The cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and of revenue; and

(ii) All other expenses necessary or incident to planning, providing or determining the need for or the feasibility and practicability of such communications equipment; and

(C) All costs paid or incurred in connection with the financing of such communications equipment, including: (i) Out-of-pocket expenses; (ii) The cost of financing, legal, accounting, financial advisory and consulting fees, expenses, and disbursements; (iii) The cost of any policy of insurance, letter of credit, or guaranty; (iv) The cost of printing, engraving, and reproduction services; and (v) The cost of the initial or acceptance fee of any trustee or paying agent;

(i) Out-of-pocket expenses;

(ii) The cost of financing, legal, accounting, financial advisory and consulting fees, expenses, and disbursements;

(iii) The cost of any policy of insurance, letter of credit, or guaranty;

(iv) The cost of printing, engraving, and reproduction services; and

(v) The cost of the initial or acceptance fee of any trustee or paying agent;

(5) [Repealed.]

(6) [Repealed.]

(7) "Lease or lease-purchase agreement" means the contract entered into by the commission to acquire the communications equipment;

(8) "Lease payments" means payments to be made by the division from pledged revenues or other legally available sources to pay costs of communications equipment; and

(9) "Pledged revenues" means all revenues authorized by § 12-8-307 to be pledged for the security and payment of the lease.

Amended by Act 2019, No. 910,§ 5793, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5792, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5791, eff. 7/1/2019.

Acts 1985, No. 817, § 3; A.S.A. 1947, § 42-470.
Ark. Code Ann. § 12-62-405 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-405
Immunity of medical personnel from malpractice suits
Status: in_force

(a) No physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, of the National Guard shall be liable for damages for personal injury, including death caused by negligence or wrongful acts or omission of any such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, while acting within the scope of his or her duties while on official duty as a member of the National Guard. (b) Any person seeking damages from a physician, dentist, nurse, pharmacist, paramedical, or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, of the National Guard shall seek the remedies provided against the United States by 28 U.S.C. § 1346(b) if the cause of action arose while the member of the National Guard was in federal service or by filing a claim against the State of Arkansas if the alleged acts were performed by the member of the National Guard while on official state service. Acts 1977, No. 86, § 1; A.S.A. 1947, § 11-1008.1; Acts 2005, No. 1962, § 52.

(a) No physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, of the National Guard shall be liable for damages for personal injury, including death caused by negligence or wrongful acts or omission of any such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, while acting within the scope of his or her duties while on official duty as a member of the National Guard.

(b) Any person seeking damages from a physician, dentist, nurse, pharmacist, paramedical, or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, of the National Guard shall seek the remedies provided against the United States by 28 U.S.C. § 1346(b) if the cause of action arose while the member of the National Guard was in federal service or by filing a claim against the State of Arkansas if the alleged acts were performed by the member of the National Guard while on official state service.

Acts 1977, No. 86, § 1; A.S.A. 1947, § 11-1008.1; Acts 2005, No. 1962, § 52.
Ark. Code Ann. § 12-42-114 — AR Code / Title 12 / Chapter 42 / Section 12-42-114
Arrest of escapees
Status: in_force

(a) If any prisoner shall escape from the contractor or superintendent, the contractor or superintendent shall have the right to arrest the prisoner, in person or through any county sheriff or constable, anywhere in the state. (b) The prisoner, when arrested, shall be delivered to the contractor or county sheriff of the county, and shall be compelled to work out all costs in making his or her arrest, in the manner provided in this section and §§ 12-42-103 , 12-42-108 , 12-42-115 , 16-90-405 , and 16-96-504 [repealed]. Acts 1881, No. 81, § 14, p. 148; C. & M. Dig., § 2088; Pope's Dig., § 2690; A.S.A. 1947, § 46-513.

(a) If any prisoner shall escape from the contractor or superintendent, the contractor or superintendent shall have the right to arrest the prisoner, in person or through any county sheriff or constable, anywhere in the state.

(b) The prisoner, when arrested, shall be delivered to the contractor or county sheriff of the county, and shall be compelled to work out all costs in making his or her arrest, in the manner provided in this section and §§ 12-42-103 , 12-42-108 , 12-42-115 , 16-90-405 , and 16-96-504 [repealed].

Acts 1881, No. 81, § 14, p. 148; C. & M. Dig., § 2088; Pope's Dig., § 2690; A.S.A. 1947, § 46-513.
Ark. Code Ann. § 12-41-705 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-705
Bonds - Authority to issue
Status: in_force

The county jail board, municipal jail board, or public instrumentality jail board is authorized and empowered to issue bonds at one (1) time or in series from time to time and to use the proceeds thereof, together with any other funds, for financing the cost of construction, renovation, expansion of the jail together with all expenses incidental to and reasonably necessary in connection therewith, the expenses of the issuance of the bonds, the creating and maintenance of reserves to secure the payment of the bonds if the board deems it necessary or desirable, and for providing for the payment of the interest on the bonds if necessary or desirable until sufficient funds are available therefor out of pledged revenues. Acts 1983, No. 918, § 10; A.S.A. 1947, § 46-456; Acts 2003, No. 1772, § 1.

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

Acts 1983, No. 918, § 10; A.S.A. 1947, § 46-456; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-29-703 — AR Code / Title 12 / Chapter 29 / Subchapter 7 / Section 12-29-703
Classification committee - Classifications
Status: in_force

(a) (1) (A) The Board of Corrections shall establish an earned release credit classification committee. (B) Members of the committee shall be selected by wardens or supervisors of the various units, facilities, or centers of the Division of Correction and Division of Community Correction according to rules adopted by the board governing the selection of members. (2) The committee shall meet as often as necessary to determine rates at which inmates may accrue earned release credits for good behavior, job responsibilities, and involvement in rehabilitative activities. (b) (1) Upon recommendation of the committee, the Director of the Division of Correction may authorize accrual of earned release credits for each successful completion of a: (A) State-sponsored general education development certificate program; (B) Vocational program for which certification is awarded; (C) Drug or alcohol treatment program offered at a Division of Correction facility; or (D) Pre-release and other rehabilitative programs or assignments as approved by the Board of Corrections. (2) (A) The additional days of earned release credits described in subdivision (b)(1) of this section shall be accrued as provided in the rules promulgated by the board. (B) The board may add, amend, change, or alter the rules adopted under this section in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) Earned release credits shall not be used to reduce the period of incarceration for an otherwise ineligible inmate. (d) A jury shall be instructed pursuant to § 16-97-103 regarding the awarding of earned release credits under this section. Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.

(a) (1) (A) The Board of Corrections shall establish an earned release credit classification committee. (B) Members of the committee shall be selected by wardens or supervisors of the various units, facilities, or centers of the Division of Correction and Division of Community Correction according to rules adopted by the board governing the selection of members. (2) The committee shall meet as often as necessary to determine rates at which inmates may accrue earned release credits for good behavior, job responsibilities, and involvement in rehabilitative activities.

(1) (A) The Board of Corrections shall establish an earned release credit classification committee. (B) Members of the committee shall be selected by wardens or supervisors of the various units, facilities, or centers of the Division of Correction and Division of Community Correction according to rules adopted by the board governing the selection of members.

(A) The Board of Corrections shall establish an earned release credit classification committee.

(B) Members of the committee shall be selected by wardens or supervisors of the various units, facilities, or centers of the Division of Correction and Division of Community Correction according to rules adopted by the board governing the selection of members.

(2) The committee shall meet as often as necessary to determine rates at which inmates may accrue earned release credits for good behavior, job responsibilities, and involvement in rehabilitative activities.

(b) (1) Upon recommendation of the committee, the Director of the Division of Correction may authorize accrual of earned release credits for each successful completion of a: (A) State-sponsored general education development certificate program; (B) Vocational program for which certification is awarded; (C) Drug or alcohol treatment program offered at a Division of Correction facility; or (D) Pre-release and other rehabilitative programs or assignments as approved by the Board of Corrections. (2) (A) The additional days of earned release credits described in subdivision (b)(1) of this section shall be accrued as provided in the rules promulgated by the board. (B) The board may add, amend, change, or alter the rules adopted under this section in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Upon recommendation of the committee, the Director of the Division of Correction may authorize accrual of earned release credits for each successful completion of a: (A) State-sponsored general education development certificate program; (B) Vocational program for which certification is awarded; (C) Drug or alcohol treatment program offered at a Division of Correction facility; or (D) Pre-release and other rehabilitative programs or assignments as approved by the Board of Corrections.

(A) State-sponsored general education development certificate program;

(B) Vocational program for which certification is awarded;

(C) Drug or alcohol treatment program offered at a Division of Correction facility; or

(D) Pre-release and other rehabilitative programs or assignments as approved by the Board of Corrections.

(2) (A) The additional days of earned release credits described in subdivision (b)(1) of this section shall be accrued as provided in the rules promulgated by the board. (B) The board may add, amend, change, or alter the rules adopted under this section in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) The additional days of earned release credits described in subdivision (b)(1) of this section shall be accrued as provided in the rules promulgated by the board.

(B) The board may add, amend, change, or alter the rules adopted under this section in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) Earned release credits shall not be used to reduce the period of incarceration for an otherwise ineligible inmate.

(d) A jury shall be instructed pursuant to § 16-97-103 regarding the awarding of earned release credits under this section.

Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.
Ark. Code Ann. § 12-51-301 — AR Code / Title 12 / Chapter 51 / Subchapter 3 / Section 12-51-301
Activities of the interstate commission
Status: in_force

(a) The Interstate Commission for Adult Offender Supervision shall meet and take such actions as are consistent with the provisions of this compact. (b) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, such act shall have been taken at a meeting of the interstate commission and shall have received an affirmative vote of a majority of the members present. (c) (1) Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. (2) (A) A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. (B) However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. (3) The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication, shall be subject to the same quorum requirements of meetings where members are present in person. (d) The interstate commission shall meet at least once during each calendar year. The chair of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings. (e) (1) The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. (2) The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. (3) In promulgating such rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. (f) (1) Public notice shall be given of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. (2) The interstate commission shall promulgate rules consistent with the principles contained in the "Government in Sunshine Act", 5 U.S C. § 552(b) , as may be amended. (3) The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to: (A) Relate solely to the interstate commission's internal personnel practices and procedures; (B) Disclose matters specifically exempted from disclosure by statute; disclose trade secrets or commercial or financial information which is privileged or confidential; (C) Involve accusing any person of a crime, or formally censuring any person; (D) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (E) Disclose investigatory records compiled for law enforcement purposes; (F) Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; (G) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; (H) Specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding. (g) (1) For every meeting closed pursuant to this provision, the interstate commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. (2) The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item, and the record of any roll call vote, reflected in the vote of each member on the question. (3) All documents considered in connection with any action shall be identified in such minutes. (h) The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements. Acts 2001, No. 253, § 1.

(a) The Interstate Commission for Adult Offender Supervision shall meet and take such actions as are consistent with the provisions of this compact.

(b) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, such act shall have been taken at a meeting of the interstate commission and shall have received an affirmative vote of a majority of the members present.

(c) (1) Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. (2) (A) A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. (B) However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. (3) The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication, shall be subject to the same quorum requirements of meetings where members are present in person.

(1) Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission.

(2) (A) A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. (B) However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting.

(A) A member shall vote in person on behalf of the state and shall not delegate a vote to another member state.

(B) However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting.

(3) The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication, shall be subject to the same quorum requirements of meetings where members are present in person.

(d) The interstate commission shall meet at least once during each calendar year. The chair of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

(e) (1) The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. (2) The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. (3) In promulgating such rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

(1) The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying.

(2) The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

(3) In promulgating such rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

(f) (1) Public notice shall be given of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. (2) The interstate commission shall promulgate rules consistent with the principles contained in the "Government in Sunshine Act", 5 U.S C. § 552(b) , as may be amended. (3) The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to: (A) Relate solely to the interstate commission's internal personnel practices and procedures; (B) Disclose matters specifically exempted from disclosure by statute; disclose trade secrets or commercial or financial information which is privileged or confidential; (C) Involve accusing any person of a crime, or formally censuring any person; (D) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (E) Disclose investigatory records compiled for law enforcement purposes; (F) Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; (G) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; (H) Specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding.

(1) Public notice shall be given of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact.

(2) The interstate commission shall promulgate rules consistent with the principles contained in the "Government in Sunshine Act", 5 U.S C. § 552(b) , as may be amended.

(3) The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to: (A) Relate solely to the interstate commission's internal personnel practices and procedures; (B) Disclose matters specifically exempted from disclosure by statute; disclose trade secrets or commercial or financial information which is privileged or confidential; (C) Involve accusing any person of a crime, or formally censuring any person; (D) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (E) Disclose investigatory records compiled for law enforcement purposes; (F) Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; (G) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; (H) Specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding.

(A) Relate solely to the interstate commission's internal personnel practices and procedures;

(B) Disclose matters specifically exempted from disclosure by statute; disclose trade secrets or commercial or financial information which is privileged or confidential;

(C) Involve accusing any person of a crime, or formally censuring any person;

(D) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(E) Disclose investigatory records compiled for law enforcement purposes;

(F) Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;

(G) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity;

(H) Specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding.

(g) (1) For every meeting closed pursuant to this provision, the interstate commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. (2) The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item, and the record of any roll call vote, reflected in the vote of each member on the question. (3) All documents considered in connection with any action shall be identified in such minutes.

(1) For every meeting closed pursuant to this provision, the interstate commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision.

(2) The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item, and the record of any roll call vote, reflected in the vote of each member on the question.

(3) All documents considered in connection with any action shall be identified in such minutes.

(h) The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-26-108 — AR Code / Title 12 / Chapter 26 / Section 12-26-108
Failure to meet minimum standards - Procedure
Status: in_force

(a) (1) If an inspection under this chapter discloses that the criminal detention facility or juvenile detention facility does not meet the minimum standards established by the Criminal Detention Facilities Review Coordinator, the criminal detention facility review committee shall send notice, together with the inspection report, to the governing body responsible for the criminal detention facility or juvenile detention facility. (2) A copy of the notice required by this chapter shall also be sent to the administrative judge of a judicial district within the geographic area of the criminal detention facility review committee district in which the criminal detention facility or juvenile detention facility is located. (b) The appropriate governing body shall promptly meet to consider the inspection report, and the chair of the criminal detention facility review committee, or the chair's designee, shall appear to advise and consult concerning appropriate corrective action. (c) The governing body shall then initiate appropriate corrective action within six (6) months of the receipt of the inspection report or may voluntarily close the criminal detention facility or juvenile detention facility or the objectionable portion of the criminal detention facility or juvenile detention facility. (d) (1) If the governing body fails to initiate corrective action within six (6) months after receipt of the inspection report, or fails to correct the disclosed conditions, or fails to close the criminal detention facility or juvenile detention facility or the objectionable portion of the criminal detention facility or juvenile detention facility, the committee may petition a circuit court within the judicial district in which the criminal detention facility or juvenile detention facility is located to close the criminal detention facility or juvenile detention facility. (2) The petition shall include the inspection report regarding the criminal detention facility or juvenile detention facility. (3) The local governing body shall then have thirty (30) days to respond to the petition and shall serve a copy of the response on the chair by certified mail, return receipt requested. (e) Thereafter, a hearing shall be held on the petition before the circuit court, and an order rendered by the circuit court which: (1) Dismisses the petition of the committee; (2) Directs that corrective action be initiated in some form by the local governing body with respect to the criminal detention facility or juvenile detention facility in question; or (3) Directs that the criminal detention facility or juvenile detention facility be closed. (f) An appeal from the decision of the circuit court may be taken as provided in the Rules of Appellate Procedure - Civil. Amended by Act 2017, No. 250,§ 19, eff. 8/1/2017. Amended by Act 2017, No. 153,§ 7, eff. 8/1/2017. Acts 1983, No. 741, §§ 9, 10; 1985, No. 539, § 4; A.S.A. 1947, §§ 46-1218, 46-1219; Acts 1989, No. 515, § 5.

(a) (1) If an inspection under this chapter discloses that the criminal detention facility or juvenile detention facility does not meet the minimum standards established by the Criminal Detention Facilities Review Coordinator, the criminal detention facility review committee shall send notice, together with the inspection report, to the governing body responsible for the criminal detention facility or juvenile detention facility. (2) A copy of the notice required by this chapter shall also be sent to the administrative judge of a judicial district within the geographic area of the criminal detention facility review committee district in which the criminal detention facility or juvenile detention facility is located.

(1) If an inspection under this chapter discloses that the criminal detention facility or juvenile detention facility does not meet the minimum standards established by the Criminal Detention Facilities Review Coordinator, the criminal detention facility review committee shall send notice, together with the inspection report, to the governing body responsible for the criminal detention facility or juvenile detention facility.

(2) A copy of the notice required by this chapter shall also be sent to the administrative judge of a judicial district within the geographic area of the criminal detention facility review committee district in which the criminal detention facility or juvenile detention facility is located.

(b) The appropriate governing body shall promptly meet to consider the inspection report, and the chair of the criminal detention facility review committee, or the chair's designee, shall appear to advise and consult concerning appropriate corrective action.

(c) The governing body shall then initiate appropriate corrective action within six (6) months of the receipt of the inspection report or may voluntarily close the criminal detention facility or juvenile detention facility or the objectionable portion of the criminal detention facility or juvenile detention facility.

(d) (1) If the governing body fails to initiate corrective action within six (6) months after receipt of the inspection report, or fails to correct the disclosed conditions, or fails to close the criminal detention facility or juvenile detention facility or the objectionable portion of the criminal detention facility or juvenile detention facility, the committee may petition a circuit court within the judicial district in which the criminal detention facility or juvenile detention facility is located to close the criminal detention facility or juvenile detention facility. (2) The petition shall include the inspection report regarding the criminal detention facility or juvenile detention facility. (3) The local governing body shall then have thirty (30) days to respond to the petition and shall serve a copy of the response on the chair by certified mail, return receipt requested.

(1) If the governing body fails to initiate corrective action within six (6) months after receipt of the inspection report, or fails to correct the disclosed conditions, or fails to close the criminal detention facility or juvenile detention facility or the objectionable portion of the criminal detention facility or juvenile detention facility, the committee may petition a circuit court within the judicial district in which the criminal detention facility or juvenile detention facility is located to close the criminal detention facility or juvenile detention facility.

(2) The petition shall include the inspection report regarding the criminal detention facility or juvenile detention facility.

(3) The local governing body shall then have thirty (30) days to respond to the petition and shall serve a copy of the response on the chair by certified mail, return receipt requested.

(e) Thereafter, a hearing shall be held on the petition before the circuit court, and an order rendered by the circuit court which: (1) Dismisses the petition of the committee; (2) Directs that corrective action be initiated in some form by the local governing body with respect to the criminal detention facility or juvenile detention facility in question; or (3) Directs that the criminal detention facility or juvenile detention facility be closed.

(1) Dismisses the petition of the committee;

(2) Directs that corrective action be initiated in some form by the local governing body with respect to the criminal detention facility or juvenile detention facility in question; or

(3) Directs that the criminal detention facility or juvenile detention facility be closed.

(f) An appeal from the decision of the circuit court may be taken as provided in the Rules of Appellate Procedure - Civil.

Amended by Act 2017, No. 250,§ 19, eff. 8/1/2017.

Amended by Act 2017, No. 153,§ 7, eff. 8/1/2017.

Acts 1983, No. 741, §§ 9, 10; 1985, No. 539, § 4; A.S.A. 1947, §§ 46-1218, 46-1219; Acts 1989, No. 515, § 5.
Ark. Code Ann. § 12-9-505 — AR Code / Title 12 / Chapter 9 / Subchapter 5 / Section 12-9-505
Certification and accreditation program
Status: in_force

The Criminal Justice Institute shall develop a certification and accreditation program for all law enforcement supervisors, managers, and heads of police departments and law enforcement agencies. Acts 1993, No. 1111, § 5.

The Criminal Justice Institute shall develop a certification and accreditation program for all law enforcement supervisors, managers, and heads of police departments and law enforcement agencies.

Acts 1993, No. 1111, § 5.
Ark. Code Ann. § 12-77-107 — AR Code / Title 12 / Chapter 77 / Section 12-77-107
Reports
Status: in_force

(a) The Arkansas Department of Emergency Management shall present a report on disaster preparedness including a review of the New Madrid Fault. (b) The department shall make recommendations for improvements to the cochairs of the Legislative Council on or before November 1 each year. Acts 2009, No. 711, § 2.

(a) The Arkansas Department of Emergency Management shall present a report on disaster preparedness including a review of the New Madrid Fault.

(b) The department shall make recommendations for improvements to the cochairs of the Legislative Council on or before November 1 each year.

Acts 2009, No. 711, § 2.
Ark. Code Ann. § 12-9-108 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-108
Failure to meet qualifications - Effect - Exemptions
Status: in_force

(a) (1) Actions taken by law enforcement officers who do not meet all of the standards and qualifications set forth in this subchapter or made by the Arkansas Commission on Law Enforcement Standards and Training shall not be held invalid merely because of the failure to meet the standards and qualifications. (2) (A) The Director of the Division of Law Enforcement Standards and Training may temporarily suspend a law enforcement officer's ability to act as a law enforcement officer for failure to meet the standards or qualifications under this subchapter until the failure is corrected or pending review by the commission. (B) Notification of a suspension under subdivision (a)(2)(A) of this section shall be made in a timely manner to the administrator of the law enforcement agency by which the law enforcement officer is employed. (b) (1) Nothing in this subchapter or any requirements made by the commission shall prevent any action by a private citizen that is now authorized by law. (2) No provision of this subchapter shall affect the deputizing of a private citizen by a law enforcement officer in a time of a disaster or emergency. (3) Nothing in this subchapter or any other law shall prohibit inspectors and code enforcement officers of cities, towns, or counties from issuing citations for the violation of municipal or county codes, ordinances, or regulations that they are charged by their city, town, or county with the duty of enforcing. (4) (A) Cities of the first class, cities of the second class, and incorporated towns are authorized to employ persons or to contract with private or public corporations, associations, or other entities, whether charitable, nonprofit, or for profit, that employ persons who do not meet certification requirements prescribed by the commission to enforce and execute any or all provisions of a municipal parking enforcement ordinance, including, but not limited to, the issuance of citations, the collection of fines, and any other parking enforcement process or procedure as may be established by ordinance of the municipality. (B) Persons employed under this subdivision (b)(4) shall not carry firearms nor take any other official law enforcing action except that enumerated in subdivision (b)(4)(A) of this section. Amended by Act 2017, No. 497,§ 7, eff. 8/1/2017. Acts 1975, No. 452, § 10; 1983, No. 763, § 1; 1985, No. 580, §§ 1, 2; A.S.A. 1947, §§ 19-4912, 19-4913, 42-1009; Acts 1989 (3rd Ex. Sess.), No. 44, § 1; 1999, No. 1247, § 1; 2009, No. 204, § 1.

(a) (1) Actions taken by law enforcement officers who do not meet all of the standards and qualifications set forth in this subchapter or made by the Arkansas Commission on Law Enforcement Standards and Training shall not be held invalid merely because of the failure to meet the standards and qualifications. (2) (A) The Director of the Division of Law Enforcement Standards and Training may temporarily suspend a law enforcement officer's ability to act as a law enforcement officer for failure to meet the standards or qualifications under this subchapter until the failure is corrected or pending review by the commission. (B) Notification of a suspension under subdivision (a)(2)(A) of this section shall be made in a timely manner to the administrator of the law enforcement agency by which the law enforcement officer is employed.

(1) Actions taken by law enforcement officers who do not meet all of the standards and qualifications set forth in this subchapter or made by the Arkansas Commission on Law Enforcement Standards and Training shall not be held invalid merely because of the failure to meet the standards and qualifications.

(2) (A) The Director of the Division of Law Enforcement Standards and Training may temporarily suspend a law enforcement officer's ability to act as a law enforcement officer for failure to meet the standards or qualifications under this subchapter until the failure is corrected or pending review by the commission. (B) Notification of a suspension under subdivision (a)(2)(A) of this section shall be made in a timely manner to the administrator of the law enforcement agency by which the law enforcement officer is employed.

(A) The Director of the Division of Law Enforcement Standards and Training may temporarily suspend a law enforcement officer's ability to act as a law enforcement officer for failure to meet the standards or qualifications under this subchapter until the failure is corrected or pending review by the commission.

(B) Notification of a suspension under subdivision (a)(2)(A) of this section shall be made in a timely manner to the administrator of the law enforcement agency by which the law enforcement officer is employed.

(b) (1) Nothing in this subchapter or any requirements made by the commission shall prevent any action by a private citizen that is now authorized by law. (2) No provision of this subchapter shall affect the deputizing of a private citizen by a law enforcement officer in a time of a disaster or emergency. (3) Nothing in this subchapter or any other law shall prohibit inspectors and code enforcement officers of cities, towns, or counties from issuing citations for the violation of municipal or county codes, ordinances, or regulations that they are charged by their city, town, or county with the duty of enforcing. (4) (A) Cities of the first class, cities of the second class, and incorporated towns are authorized to employ persons or to contract with private or public corporations, associations, or other entities, whether charitable, nonprofit, or for profit, that employ persons who do not meet certification requirements prescribed by the commission to enforce and execute any or all provisions of a municipal parking enforcement ordinance, including, but not limited to, the issuance of citations, the collection of fines, and any other parking enforcement process or procedure as may be established by ordinance of the municipality. (B) Persons employed under this subdivision (b)(4) shall not carry firearms nor take any other official law enforcing action except that enumerated in subdivision (b)(4)(A) of this section.

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

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

(3) Nothing in this subchapter or any other law shall prohibit inspectors and code enforcement officers of cities, towns, or counties from issuing citations for the violation of municipal or county codes, ordinances, or regulations that they are charged by their city, town, or county with the duty of enforcing.

(4) (A) Cities of the first class, cities of the second class, and incorporated towns are authorized to employ persons or to contract with private or public corporations, associations, or other entities, whether charitable, nonprofit, or for profit, that employ persons who do not meet certification requirements prescribed by the commission to enforce and execute any or all provisions of a municipal parking enforcement ordinance, including, but not limited to, the issuance of citations, the collection of fines, and any other parking enforcement process or procedure as may be established by ordinance of the municipality. (B) Persons employed under this subdivision (b)(4) shall not carry firearms nor take any other official law enforcing action except that enumerated in subdivision (b)(4)(A) of this section.

(A) Cities of the first class, cities of the second class, and incorporated towns are authorized to employ persons or to contract with private or public corporations, associations, or other entities, whether charitable, nonprofit, or for profit, that employ persons who do not meet certification requirements prescribed by the commission to enforce and execute any or all provisions of a municipal parking enforcement ordinance, including, but not limited to, the issuance of citations, the collection of fines, and any other parking enforcement process or procedure as may be established by ordinance of the municipality.

(B) Persons employed under this subdivision (b)(4) shall not carry firearms nor take any other official law enforcing action except that enumerated in subdivision (b)(4)(A) of this section.

Amended by Act 2017, No. 497,§ 7, eff. 8/1/2017.

Acts 1975, No. 452, § 10; 1983, No. 763, § 1; 1985, No. 580, §§ 1, 2; A.S.A. 1947, §§ 19-4912, 19-4913, 42-1009; Acts 1989 (3rd Ex. Sess.), No. 44, § 1; 1999, No. 1247, § 1; 2009, No. 204, § 1.
Ark. Code Ann. § 12-27-129 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-129
Report on rehabilitation
Status: in_force

(a) The Division of Correction may report to the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs no later than December 1 of each year regarding its efforts in rehabilitating the inmate population. (b) (1) The report may include the division's rehabilitative efforts regarding inmate education, specific job training, behavior modification, psychological treatment and assistance, and substance abuse programs. (2) Further, the report is to include the amount of meritorious good time or earned release credits awarded inmates by the division for the successful completion of the various rehabilitative programs. Amended by Act 2023, No. 659,§ 92, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 753, eff. 7/1/2019. Acts 1993, No. 911, § 32; 1997, No. 324, § 1.

(a) The Division of Correction may report to the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs no later than December 1 of each year regarding its efforts in rehabilitating the inmate population.

(b) (1) The report may include the division's rehabilitative efforts regarding inmate education, specific job training, behavior modification, psychological treatment and assistance, and substance abuse programs. (2) Further, the report is to include the amount of meritorious good time or earned release credits awarded inmates by the division for the successful completion of the various rehabilitative programs.

(1) The report may include the division's rehabilitative efforts regarding inmate education, specific job training, behavior modification, psychological treatment and assistance, and substance abuse programs.

(2) Further, the report is to include the amount of meritorious good time or earned release credits awarded inmates by the division for the successful completion of the various rehabilitative programs.

Amended by Act 2023, No. 659,§ 92, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 753, eff. 7/1/2019.

Acts 1993, No. 911, § 32; 1997, No. 324, § 1.
Ark. Code Ann. § 12-9-123 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-123
Missing and unidentified persons training
Status: in_force

(a) (1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training, all law enforcement officers in the state shall complete training related to the investigation of unidentified and missing persons. (2) Practicum training shall also be sufficient for the requirement under subdivision (a)(1) of this section. (b) Training under subsection (a) of this section may include training conducted in conjunction with resources available through the National Missing and Unidentified Persons System. Added by Act 2019, No. 920,§ 1, eff. 7/24/2019.

(a) (1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training, all law enforcement officers in the state shall complete training related to the investigation of unidentified and missing persons. (2) Practicum training shall also be sufficient for the requirement under subdivision (a)(1) of this section.

(1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training, all law enforcement officers in the state shall complete training related to the investigation of unidentified and missing persons.

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

(b) Training under subsection (a) of this section may include training conducted in conjunction with resources available through the National Missing and Unidentified Persons System.

Added by Act 2019, No. 920,§ 1, eff. 7/24/2019.