Ark. Code Ann. § 12-12-1502 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1502
Intent
Status: in_force

(a) It is the intent of this subchapter to: (1) Provide one (1) source for obtaining the most accurate and complete criminal history information; (2) Allow dissemination of criminal history information to employers, professional licensing boards, and any entity mandated by Arkansas law to perform background checks through the Department of Arkansas State Police pertaining to all felony arrest information and all conviction information; (3) With the written consent of the student or prospective student, allow electronic dissemination of criminal history information to an institution of higher education for a student enrolled in, and a prospective student seeking enrollment in, a medical, nursing, pharmacy, or other health-related course of study at an institution of higher education located in Arkansas; (4) Allow dissemination of criminal history information to the Arkansas Public Defender Commission for use in defense of criminal defendants. Expunged and sealed criminal history information shall be released to the commission only for the purposes of use for impeachment of witnesses; and (5) Allow dissemination of criminal history information to the public upon proper request and payment without requiring the written consent of the subject of the request. (b) (1) The department shall be the agency responsible for the dissemination of criminal history information under this subchapter. (2) The Arkansas Crime Information Center may disseminate criminal history information as authorized by law. (c) Felony arrest information that has had a disposition of acquittal, dismissal, or nolle prosequi entered into the central repository shall not be released under this subchapter. Amended by Act 2015, No. 1185,§ 1, eff. 1/1/2016. Acts 2003 (1st Ex. Sess.), No. 63, § 2; 2005, No. 1573, § 2; 2005, No. 2213, § 2; 2007, No. 1586, § 1.

(a) It is the intent of this subchapter to: (1) Provide one (1) source for obtaining the most accurate and complete criminal history information; (2) Allow dissemination of criminal history information to employers, professional licensing boards, and any entity mandated by Arkansas law to perform background checks through the Department of Arkansas State Police pertaining to all felony arrest information and all conviction information; (3) With the written consent of the student or prospective student, allow electronic dissemination of criminal history information to an institution of higher education for a student enrolled in, and a prospective student seeking enrollment in, a medical, nursing, pharmacy, or other health-related course of study at an institution of higher education located in Arkansas; (4) Allow dissemination of criminal history information to the Arkansas Public Defender Commission for use in defense of criminal defendants. Expunged and sealed criminal history information shall be released to the commission only for the purposes of use for impeachment of witnesses; and (5) Allow dissemination of criminal history information to the public upon proper request and payment without requiring the written consent of the subject of the request.

(1) Provide one (1) source for obtaining the most accurate and complete criminal history information;

(2) Allow dissemination of criminal history information to employers, professional licensing boards, and any entity mandated by Arkansas law to perform background checks through the Department of Arkansas State Police pertaining to all felony arrest information and all conviction information;

(3) With the written consent of the student or prospective student, allow electronic dissemination of criminal history information to an institution of higher education for a student enrolled in, and a prospective student seeking enrollment in, a medical, nursing, pharmacy, or other health-related course of study at an institution of higher education located in Arkansas;

(4) Allow dissemination of criminal history information to the Arkansas Public Defender Commission for use in defense of criminal defendants. Expunged and sealed criminal history information shall be released to the commission only for the purposes of use for impeachment of witnesses; and

(5) Allow dissemination of criminal history information to the public upon proper request and payment without requiring the written consent of the subject of the request.

(b) (1) The department shall be the agency responsible for the dissemination of criminal history information under this subchapter. (2) The Arkansas Crime Information Center may disseminate criminal history information as authorized by law.

(1) The department shall be the agency responsible for the dissemination of criminal history information under this subchapter.

(2) The Arkansas Crime Information Center may disseminate criminal history information as authorized by law.

(c) Felony arrest information that has had a disposition of acquittal, dismissal, or nolle prosequi entered into the central repository shall not be released under this subchapter.

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

Acts 2003 (1st Ex. Sess.), No. 63, § 2; 2005, No. 1573, § 2; 2005, No. 2213, § 2; 2007, No. 1586, § 1.
Ark. Code Ann. § 12-64-518 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-518
Issuance of process, subpoenas, etc
Status: in_force

(a) Military courts may issue all process and mandates necessary to carry into effect the powers vested in those courts. (b) The courts may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records when the courts are sitting within the state and the witnesses, books, and records sought are also located. (c) Such process and mandates may be issued by summary courts-martial or the president or military judge of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by rules issued under this code. (d) (1) All officers to whom such process or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents. (2) Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith. (e) Any sheriff, constable, jailer, marshal, or other civil officer named in this code, who shall neglect or refuse to obey, execute, or return the lawful warrant or other process of a military court or make a false return thereon, upon conviction is guilty of a Class A misdemeanor and in addition to the criminal penalties, shall forfeit fifty dollars ($50.00) for each offense or neglect of duty, the money to be recovered in a civil action against the officer and his or her official sureties by the Attorney General for the benefit of the Department of the Military Fund Account. Amended by Act 2021, No. 472,§ 10, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 957, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5540, eff. 7/1/2019. Amended by Act 2017, No. 77,§ 1, eff. 8/1/2017. Acts 1969, No. 50, §§ 169, 176; A.S.A. 1947, §§ 11-680, 11-687.

(a) Military courts may issue all process and mandates necessary to carry into effect the powers vested in those courts.

(b) The courts may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records when the courts are sitting within the state and the witnesses, books, and records sought are also located.

(c) Such process and mandates may be issued by summary courts-martial or the president or military judge of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by rules issued under this code.

(d) (1) All officers to whom such process or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents. (2) Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith.

(1) All officers to whom such process or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents.

(2) Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith.

(e) Any sheriff, constable, jailer, marshal, or other civil officer named in this code, who shall neglect or refuse to obey, execute, or return the lawful warrant or other process of a military court or make a false return thereon, upon conviction is guilty of a Class A misdemeanor and in addition to the criminal penalties, shall forfeit fifty dollars ($50.00) for each offense or neglect of duty, the money to be recovered in a civil action against the officer and his or her official sureties by the Attorney General for the benefit of the Department of the Military Fund Account.

Amended by Act 2021, No. 472,§ 10, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 957, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5540, eff. 7/1/2019.

Amended by Act 2017, No. 77,§ 1, eff. 8/1/2017.

Acts 1969, No. 50, §§ 169, 176; A.S.A. 1947, §§ 11-680, 11-687.
Ark. Code Ann. § 12-75-132 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-132
Arkansas Homeland Security Advisory Group - Created
Status: in_force

(a) There is created an advisory body to the Division of Emergency Management, to be known as the "Arkansas Homeland Security Advisory Group". (b) The advisory group shall consist of representatives of federal, state, and local agencies and professional associations as determined by the Director of the Division of Emergency Management. The advisory group shall include, at a minimum, representatives of the following: (1) Division of Emergency Management; (2) The Arkansas Ambulance Association; (3) Arkansas Association of Chiefs of Police; (4) Arkansas Association of Fire Chiefs; (5) Arkansas Citizen Corps Point of Contact; (6) Division of Environmental Quality; (7) Department of Health; (8) Arkansas Emergency Management Association, Inc.; (9) Arkansas Highway Police Division of the Arkansas Department of Transportation; (10) Department of Agriculture; (11) Arkansas Municipal League; (12) National Guard; (13) 61st Civil Support Team of the Arkansas National Guard; (14) Arkansas Sheriffs' Association; (15) Division of Arkansas State Police; (16) County Judges Association of Arkansas; (17) Centers for Disease Control and Prevention; (18) Division of Information Systems; (19) Federal Bureau of Investigation; (20) United States Health Resources and Services Administration of the United States Department of Health and Human Services; (21) United States Secret Service; (22) United States Attorney for the Eastern District of Arkansas; and (23) United States Attorney for the Western District of Arkansas. (c) A representative of the Division of Emergency Management shall serve as chair of the advisory group. (d) The advisory group shall develop and maintain comprehensive guidelines and procedures that address requirements for the following: (1) Requesting and providing assistance through the statewide mutual aid system; (2) Recordkeeping for all participating emergency jurisdictions; (3) Reimbursement for assistance provided through the statewide mutual aid system; and (4) Any other process necessary to implement the statewide mutual aid system. (e) The advisory group shall meet as often as required to: (1) Review the progress and status of statewide emergency programs; (2) Assist in developing methods to track and evaluate activation of the statewide mutual aid system; and (3) Examine issues facing emergency jurisdictions regarding the implementation and management of the statewide mutual aid system. (f) (1) The advisory group shall prepare at least annually a report on the condition and effectiveness of the statewide mutual aid system and other emergency programs in the state. (2) The report shall include recommendations with regard to correcting any deficiencies identified by the advisory group in the statewide mutual aid system. (3) The advisory group shall submit the report annually to the director and to the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs. Amended by Act 2019, No. 910,§ 5908, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5907, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 21, eff. 8/1/2017. Acts 2005, No. 1179, § 3; 2007, No. 751, § 6; 2009, No. 165, § 56.

(a) There is created an advisory body to the Division of Emergency Management, to be known as the "Arkansas Homeland Security Advisory Group".

(b) The advisory group shall consist of representatives of federal, state, and local agencies and professional associations as determined by the Director of the Division of Emergency Management. The advisory group shall include, at a minimum, representatives of the following: (1) Division of Emergency Management; (2) The Arkansas Ambulance Association; (3) Arkansas Association of Chiefs of Police; (4) Arkansas Association of Fire Chiefs; (5) Arkansas Citizen Corps Point of Contact; (6) Division of Environmental Quality; (7) Department of Health; (8) Arkansas Emergency Management Association, Inc.; (9) Arkansas Highway Police Division of the Arkansas Department of Transportation; (10) Department of Agriculture; (11) Arkansas Municipal League; (12) National Guard; (13) 61st Civil Support Team of the Arkansas National Guard; (14) Arkansas Sheriffs' Association; (15) Division of Arkansas State Police; (16) County Judges Association of Arkansas; (17) Centers for Disease Control and Prevention; (18) Division of Information Systems; (19) Federal Bureau of Investigation; (20) United States Health Resources and Services Administration of the United States Department of Health and Human Services; (21) United States Secret Service; (22) United States Attorney for the Eastern District of Arkansas; and (23) United States Attorney for the Western District of Arkansas.

(1) Division of Emergency Management;

(2) The Arkansas Ambulance Association;

(3) Arkansas Association of Chiefs of Police;

(4) Arkansas Association of Fire Chiefs;

(5) Arkansas Citizen Corps Point of Contact;

(6) Division of Environmental Quality;

(7) Department of Health;

(8) Arkansas Emergency Management Association, Inc.;

(9) Arkansas Highway Police Division of the Arkansas Department of Transportation;

(10) Department of Agriculture;

(11) Arkansas Municipal League;

(12) National Guard;

(13) 61st Civil Support Team of the Arkansas National Guard;

(14) Arkansas Sheriffs' Association;

(15) Division of Arkansas State Police;

(16) County Judges Association of Arkansas;

(17) Centers for Disease Control and Prevention;

(18) Division of Information Systems;

(19) Federal Bureau of Investigation;

(20) United States Health Resources and Services Administration of the United States Department of Health and Human Services;

(21) United States Secret Service;

(22) United States Attorney for the Eastern District of Arkansas; and

(23) United States Attorney for the Western District of Arkansas.

(c) A representative of the Division of Emergency Management shall serve as chair of the advisory group.

(d) The advisory group shall develop and maintain comprehensive guidelines and procedures that address requirements for the following: (1) Requesting and providing assistance through the statewide mutual aid system; (2) Recordkeeping for all participating emergency jurisdictions; (3) Reimbursement for assistance provided through the statewide mutual aid system; and (4) Any other process necessary to implement the statewide mutual aid system.

(1) Requesting and providing assistance through the statewide mutual aid system;

(2) Recordkeeping for all participating emergency jurisdictions;

(3) Reimbursement for assistance provided through the statewide mutual aid system; and

(4) Any other process necessary to implement the statewide mutual aid system.

(e) The advisory group shall meet as often as required to: (1) Review the progress and status of statewide emergency programs; (2) Assist in developing methods to track and evaluate activation of the statewide mutual aid system; and (3) Examine issues facing emergency jurisdictions regarding the implementation and management of the statewide mutual aid system.

(1) Review the progress and status of statewide emergency programs;

(2) Assist in developing methods to track and evaluate activation of the statewide mutual aid system; and

(3) Examine issues facing emergency jurisdictions regarding the implementation and management of the statewide mutual aid system.

(f) (1) The advisory group shall prepare at least annually a report on the condition and effectiveness of the statewide mutual aid system and other emergency programs in the state. (2) The report shall include recommendations with regard to correcting any deficiencies identified by the advisory group in the statewide mutual aid system. (3) The advisory group shall submit the report annually to the director and to the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs.

(1) The advisory group shall prepare at least annually a report on the condition and effectiveness of the statewide mutual aid system and other emergency programs in the state.

(2) The report shall include recommendations with regard to correcting any deficiencies identified by the advisory group in the statewide mutual aid system.

(3) The advisory group shall submit the report annually to the director and to the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs.

Amended by Act 2019, No. 910,§ 5908, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5907, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 21, eff. 8/1/2017.

Acts 2005, No. 1179, § 3; 2007, No. 751, § 6; 2009, No. 165, § 56.
Ark. Code Ann. § 12-61-114 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-114
Call to duty
Status: in_force

Officers and enlisted personnel may be ordered for duty either by stating the substance of the orders telephonically, personally, by mail, or in such other manner as may be prescribed by the Governor as he or she deems necessary to accomplish the purpose. Upon having given notice, there shall be a presumption that the officer or enlisted person was properly called to duty. Acts 1969, No. 50, § 18; 1985, No. 670, § 2; A.S.A. 1947, § 11-118.

Officers and enlisted personnel may be ordered for duty either by stating the substance of the orders telephonically, personally, by mail, or in such other manner as may be prescribed by the Governor as he or she deems necessary to accomplish the purpose. Upon having given notice, there shall be a presumption that the officer or enlisted person was properly called to duty.

Acts 1969, No. 50, § 18; 1985, No. 670, § 2; A.S.A. 1947, § 11-118.
Ark. Code Ann. § 12-50-107 — AR Code / Title 12 / Chapter 50 / Section 12-50-107
Authority of security employees - Applicability of criminal laws
Status: in_force

(a) Security employees of a prison contractor shall be allowed to use force and shall be licensed pursuant to the Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act, § 17-40-101 et seq. The security employees shall exercise their powers and authority only while: (1) On the grounds of an institution under the supervision of the prison contractor; (2) Transporting inmates; and (3) Pursuing escapees from the institution. (b) The provisions of § 5-54-101 et seq. and § 12-29-109 shall apply to offenses committed by or with regard to inmates assigned to facilities or programs for which a prison contractor is providing correctional services. Acts 1987, No. 427, §§ 6, 7.

(a) Security employees of a prison contractor shall be allowed to use force and shall be licensed pursuant to the Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act, § 17-40-101 et seq. The security employees shall exercise their powers and authority only while: (1) On the grounds of an institution under the supervision of the prison contractor; (2) Transporting inmates; and (3) Pursuing escapees from the institution.

(1) On the grounds of an institution under the supervision of the prison contractor;

(2) Transporting inmates; and

(3) Pursuing escapees from the institution.

(b) The provisions of § 5-54-101 et seq. and § 12-29-109 shall apply to offenses committed by or with regard to inmates assigned to facilities or programs for which a prison contractor is providing correctional services.

Acts 1987, No. 427, §§ 6, 7.
Ark. Code Ann. § 12-26-103 — AR Code / Title 12 / Chapter 26 / Section 12-26-103
Office of Criminal Detention Facilities Review Coordinator - Creation - Duties
Status: in_force

(a) There is established the Office of Criminal Detention Facilities Review Coordinator within the Department of Corrections which shall consist of: (1) A Criminal Detention Facilities Review Coordinator, who shall be hired and employed by and serve at the pleasure of the Secretary of the Department of Public Safety; (2) An administrative assistant; and (3) Other staff permanently or temporarily assigned from within the Department of Public Safety. (b) The office shall be responsible for promulgating, upon approval of the secretary, minimum standards for the construction, maintenance, and operation of local, county, regional, or state criminal detention facilities and juvenile detention facilities in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) The coordinator shall perform all duties assigned by the secretary to assure uniformity in the interpretation and administration of the minimum standards by the several criminal facility detention review committees. Amended by Act 2023, No. 306,§ 3, eff. 7/1/2023. Amended by Act 2023, No. 306,§ 2, eff. 7/1/2023. Amended by Act 2021, No. 685,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 693, eff. 7/1/2019. Amended by Act 2017, No. 153,§ 3, eff. 1/1/2019. Acts 1983, No. 741, § 7; A.S.A. 1947, § 46-1216; Acts 1989, No. 515, § 3; 2003, No. 1473, § 27.

(a) There is established the Office of Criminal Detention Facilities Review Coordinator within the Department of Corrections which shall consist of: (1) A Criminal Detention Facilities Review Coordinator, who shall be hired and employed by and serve at the pleasure of the Secretary of the Department of Public Safety; (2) An administrative assistant; and (3) Other staff permanently or temporarily assigned from within the Department of Public Safety.

(1) A Criminal Detention Facilities Review Coordinator, who shall be hired and employed by and serve at the pleasure of the Secretary of the Department of Public Safety;

(2) An administrative assistant; and

(3) Other staff permanently or temporarily assigned from within the Department of Public Safety.

(b) The office shall be responsible for promulgating, upon approval of the secretary, minimum standards for the construction, maintenance, and operation of local, county, regional, or state criminal detention facilities and juvenile detention facilities in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) The coordinator shall perform all duties assigned by the secretary to assure uniformity in the interpretation and administration of the minimum standards by the several criminal facility detention review committees.

Amended by Act 2023, No. 306,§ 3, eff. 7/1/2023.

Amended by Act 2023, No. 306,§ 2, eff. 7/1/2023.

Amended by Act 2021, No. 685,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 693, eff. 7/1/2019.

Amended by Act 2017, No. 153,§ 3, eff. 1/1/2019.

Acts 1983, No. 741, § 7; A.S.A. 1947, § 46-1216; Acts 1989, No. 515, § 3; 2003, No. 1473, § 27.
Ark. Code Ann. § 12-12-908 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-908
Registration format - Requirements
Status: in_force

(a) The Director of the Arkansas Crime Information Center shall prepare the format for registration as required in subsection (b) of this section and shall provide instructions for registration to each organized full-time municipal police department, county sheriff's office, the Division of Correction, the Division of Community Correction, the Department of Human Services, and the Administrative Office of the Courts. (b) The registration file required by this subchapter shall include: (1) The sex offender's full name and all aliases that the sex offender has used or under which the sex offender has been known; (2) Date of birth; (3) Sex; (4) Race; (5) Height; (6) Weight; (7) Hair and eye color; (8) Address of any temporary residence; (9) Anticipated address of legal residence; (10) Driver's license number or state identification number, if available; (11) Social Security number; (12) Place of employment, education, or training; (13) Photograph, if not already obtained; (14) Fingerprints, if not already obtained; (15) Date of arrest, arresting agency, offense for which convicted or acquitted, and arrest tracking number for each adjudication of guilt or acquittal on the grounds of mental disease or defect; (16) A brief description of the crime or crimes for which registration is required; (17) The registration status of the sex offender as a sexually dangerous person, aggravated sex offender, or sex offender; (18) A statement in writing signed by the sex offender acknowledging that the sex offender has been advised of the duty to register imposed by this subchapter; (19) All computers or other devices with internet capability to which the sex offender has access; (20) All email addresses used by the sex offender; (21) Any other information that the center deems necessary, including without limitation: (A) Criminal and corrections records; (B) Nonprivileged personnel records; (C) Treatment and abuse registry records; and (D) Evidentiary genetic markers; and (22) All social media account information. (c) Certain information such as Social Security number, driver's license number, employer, email addresses, user names, screen names, or instant message names, information that may lead to identification of the victim, and other similar information may be excluded from the information that is released during the course of notification. Amended by Act 2019, No. 910,§ 714, eff. 7/1/2019. Amended by Act 2017, No. 916,§ 5, eff. 8/1/2017. Amended by Act 2013, No. 505,§ 9, eff. 8/16/2013. Acts 1997, No. 989, § 7; 1999, No. 1353, § 6; 2001, No. 1743, § 7; 2011, No. 143, § 1 [3].

(a) The Director of the Arkansas Crime Information Center shall prepare the format for registration as required in subsection (b) of this section and shall provide instructions for registration to each organized full-time municipal police department, county sheriff's office, the Division of Correction, the Division of Community Correction, the Department of Human Services, and the Administrative Office of the Courts.

(b) The registration file required by this subchapter shall include: (1) The sex offender's full name and all aliases that the sex offender has used or under which the sex offender has been known; (2) Date of birth; (3) Sex; (4) Race; (5) Height; (6) Weight; (7) Hair and eye color; (8) Address of any temporary residence; (9) Anticipated address of legal residence; (10) Driver's license number or state identification number, if available; (11) Social Security number; (12) Place of employment, education, or training; (13) Photograph, if not already obtained; (14) Fingerprints, if not already obtained; (15) Date of arrest, arresting agency, offense for which convicted or acquitted, and arrest tracking number for each adjudication of guilt or acquittal on the grounds of mental disease or defect; (16) A brief description of the crime or crimes for which registration is required; (17) The registration status of the sex offender as a sexually dangerous person, aggravated sex offender, or sex offender; (18) A statement in writing signed by the sex offender acknowledging that the sex offender has been advised of the duty to register imposed by this subchapter; (19) All computers or other devices with internet capability to which the sex offender has access; (20) All email addresses used by the sex offender; (21) Any other information that the center deems necessary, including without limitation: (A) Criminal and corrections records; (B) Nonprivileged personnel records; (C) Treatment and abuse registry records; and (D) Evidentiary genetic markers; and (22) All social media account information.

(1) The sex offender's full name and all aliases that the sex offender has used or under which the sex offender has been known;

(2) Date of birth;

(3) Sex;

(4) Race;

(5) Height;

(6) Weight;

(7) Hair and eye color;

(8) Address of any temporary residence;

(9) Anticipated address of legal residence;

(10) Driver's license number or state identification number, if available;

(11) Social Security number;

(12) Place of employment, education, or training;

(13) Photograph, if not already obtained;

(14) Fingerprints, if not already obtained;

(15) Date of arrest, arresting agency, offense for which convicted or acquitted, and arrest tracking number for each adjudication of guilt or acquittal on the grounds of mental disease or defect;

(16) A brief description of the crime or crimes for which registration is required;

(17) The registration status of the sex offender as a sexually dangerous person, aggravated sex offender, or sex offender;

(18) A statement in writing signed by the sex offender acknowledging that the sex offender has been advised of the duty to register imposed by this subchapter;

(19) All computers or other devices with internet capability to which the sex offender has access;

(20) All email addresses used by the sex offender;

(21) Any other information that the center deems necessary, including without limitation: (A) Criminal and corrections records; (B) Nonprivileged personnel records; (C) Treatment and abuse registry records; and (D) Evidentiary genetic markers; and

(A) Criminal and corrections records;

(B) Nonprivileged personnel records;

(C) Treatment and abuse registry records; and

(D) Evidentiary genetic markers; and

(22) All social media account information.

(c) Certain information such as Social Security number, driver's license number, employer, email addresses, user names, screen names, or instant message names, information that may lead to identification of the victim, and other similar information may be excluded from the information that is released during the course of notification.

Amended by Act 2019, No. 910,§ 714, eff. 7/1/2019.

Amended by Act 2017, No. 916,§ 5, eff. 8/1/2017.

Amended by Act 2013, No. 505,§ 9, eff. 8/16/2013.

Acts 1997, No. 989, § 7; 1999, No. 1353, § 6; 2001, No. 1743, § 7; 2011, No. 143, § 1 [3].
Ark. Code Ann. § 12-10-326 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-326
Prepaid wireless public safety charge - Definitions
Status: in_force

(a) As used in this section: (1) "Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction; (2) "Occurring in this state" means a retail transaction that is: (A) Conducted in person by a consumer at a business location of a seller in this state; (B) Treated as occurring in this state for purposes of the gross receipts tax provided under § 26-52-521(b) ; or (C) Taxable under § 26-53-106 ; (3) "Prepaid wireless public safety charge" means the charge for prepaid wireless telecommunications service that is required to be collected by a seller from a consumer under subsection (b) of this section; (4) (A) "Prepaid wireless service" means any prepaid wireless service sold to consumers in the state. (B) "Prepaid wireless service" includes without limitation: (i) Prepaid wireless cards; (ii) Telephones or other devices that are loaded with prepaid wireless minutes; and (iii) Any transaction that reloads a prepaid wireless card or a telephone or other device with prepaid wireless minutes; (5) "Provider" means a person that provides prepaid wireless telecommunications service under a license issued by the Federal Communications Commission; (6) (A) "Retail transaction" means each purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. (B) (i) "Retail transaction" includes a separate purchase of prepaid wireless telecommunications service that is paid contemporaneously with another purchase of prepaid wireless telecommunications service if separately stated on an invoice, receipt, or similar document provided by the seller to the consumer at the time of sale. (ii) "Retail transaction" includes a recharge as defined in § 26-52-314 of prepaid wireless telecommunications service; (7) "Seller" means a person who sells prepaid wireless telecommunications service to another person; and (8) "Wireless telecommunications service" means a commercial mobile radio service as defined under § 12-10-303 . (b) (1) For each retail transaction occurring in this state, a seller of prepaid wireless services shall collect from the consumer a public safety charge equal to ten percent (10%) of the value of the prepaid wireless service. (2) (A) The amount of the prepaid wireless public safety charge shall be stated separately on an invoice, receipt, or similar document that is provided to the consumer at the time of sale by the seller or otherwise disclosed to the consumer. (B) If the amount of the prepaid wireless public safety charge is stated separately on an invoice, receipt, or similar document provided to the consumer at the time of sale by the seller, the amount of the prepaid wireless public safety charge shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by the state, a political subdivision of the state, or an intergovernmental agency. (C) (i) To ensure there is no overlap of the E911 charge previously assessed under this section before October 1, 2019, and the new public safety charge assessed under subdivision (b)(1) of this section, a seller shall continue to collect the public safety charge in effect one (1) day before October 1, 2019, through September 30, 2019. (ii) The funds collected through September 30, 2019, shall be remitted according to the same terms and process as previously remitted under this section before October 1, 2019. (D) On and after October 1, 2019, a seller shall begin collecting the public safety charge under subdivision (b)(1) of this section and shall remit the funds as prescribed in subsection (c) of this section. (c) (1) A seller shall electronically report and pay one hundred percent (100%) of the prepaid wireless public safety charge plus any penalties and interest due to the Secretary of the Department of Finance and Administration in the same manner and at the same time as the gross receipts tax under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq. (2) A seller that meets the prompt payment requirements of § 26-52-503 may deduct and retain two percent (2%) of the prepaid wireless public safety charge. (d) (1) The Arkansas Tax Procedure Act, § 26-18-101 et seq., applies to a prepaid wireless public safety charge. (2) If the Department of Finance and Administration becomes aware of any seller who is not collecting and remitting the public safety charge, the department shall provide notice of the requirements under this section and the associated penalties for failure to pay the charge. (e) The department shall pay all remitted prepaid wireless public safety funds to the Arkansas Public Safety Trust Fund on or before the fifteenth business day of December 2019 and on or before the fifteenth business day of each month thereafter. (f) A provider or seller is not liable for damages to a person resulting from or incurred in connection with: (1) Providing or failing to provide 911 service; (2) Identifying or failing to identify the telephone number, address, location, or name associated with a person or device that is accessing or attempting to access 911 service; or (3) Providing lawful assistance to a federal, state, or local investigator or law enforcement officer conducting a lawful investigation or other law enforcement activity. (g) A provider or seller is not liable for civil damages or criminal liability in connection with: (1) The development, design, installation, operation, maintenance, performance, or provision of 911 service; or (2) The release of subscriber information to a governmental entity as required by this subchapter. (h) (1) The prepaid wireless public safety charge imposed by this section shall be the only E911 funding obligation imposed for prepaid wireless telecommunications service in this state. (2) Except for the prepaid wireless public safety charge imposed under this section, no other tax, fee, surcharge, or other charge shall be imposed upon prepaid wireless telecommunication services by the state, a political subdivision of the state, or an intergovernmental agency for the purpose of implementing and supporting emergency telephone services. Amended by Act 2019, No. 660,§ 8, eff. 10/1/2019. Amended by Act 2019, No. 910,§ 3375, eff. 7/1/2019. Added by Act 2013, No. 623,§ 6, eff. 1/1/2014.

(a) As used in this section: (1) "Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction; (2) "Occurring in this state" means a retail transaction that is: (A) Conducted in person by a consumer at a business location of a seller in this state; (B) Treated as occurring in this state for purposes of the gross receipts tax provided under § 26-52-521(b) ; or (C) Taxable under § 26-53-106 ; (3) "Prepaid wireless public safety charge" means the charge for prepaid wireless telecommunications service that is required to be collected by a seller from a consumer under subsection (b) of this section; (4) (A) "Prepaid wireless service" means any prepaid wireless service sold to consumers in the state. (B) "Prepaid wireless service" includes without limitation: (i) Prepaid wireless cards; (ii) Telephones or other devices that are loaded with prepaid wireless minutes; and (iii) Any transaction that reloads a prepaid wireless card or a telephone or other device with prepaid wireless minutes; (5) "Provider" means a person that provides prepaid wireless telecommunications service under a license issued by the Federal Communications Commission; (6) (A) "Retail transaction" means each purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. (B) (i) "Retail transaction" includes a separate purchase of prepaid wireless telecommunications service that is paid contemporaneously with another purchase of prepaid wireless telecommunications service if separately stated on an invoice, receipt, or similar document provided by the seller to the consumer at the time of sale. (ii) "Retail transaction" includes a recharge as defined in § 26-52-314 of prepaid wireless telecommunications service; (7) "Seller" means a person who sells prepaid wireless telecommunications service to another person; and (8) "Wireless telecommunications service" means a commercial mobile radio service as defined under § 12-10-303 .

(1) "Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction;

(2) "Occurring in this state" means a retail transaction that is: (A) Conducted in person by a consumer at a business location of a seller in this state; (B) Treated as occurring in this state for purposes of the gross receipts tax provided under § 26-52-521(b) ; or (C) Taxable under § 26-53-106 ;

(A) Conducted in person by a consumer at a business location of a seller in this state;

(B) Treated as occurring in this state for purposes of the gross receipts tax provided under § 26-52-521(b) ; or

(C) Taxable under § 26-53-106 ;

(3) "Prepaid wireless public safety charge" means the charge for prepaid wireless telecommunications service that is required to be collected by a seller from a consumer under subsection (b) of this section;

(4) (A) "Prepaid wireless service" means any prepaid wireless service sold to consumers in the state. (B) "Prepaid wireless service" includes without limitation: (i) Prepaid wireless cards; (ii) Telephones or other devices that are loaded with prepaid wireless minutes; and (iii) Any transaction that reloads a prepaid wireless card or a telephone or other device with prepaid wireless minutes;

(A) "Prepaid wireless service" means any prepaid wireless service sold to consumers in the state.

(B) "Prepaid wireless service" includes without limitation: (i) Prepaid wireless cards; (ii) Telephones or other devices that are loaded with prepaid wireless minutes; and (iii) Any transaction that reloads a prepaid wireless card or a telephone or other device with prepaid wireless minutes;

(i) Prepaid wireless cards;

(ii) Telephones or other devices that are loaded with prepaid wireless minutes; and

(iii) Any transaction that reloads a prepaid wireless card or a telephone or other device with prepaid wireless minutes;

(5) "Provider" means a person that provides prepaid wireless telecommunications service under a license issued by the Federal Communications Commission;

(6) (A) "Retail transaction" means each purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. (B) (i) "Retail transaction" includes a separate purchase of prepaid wireless telecommunications service that is paid contemporaneously with another purchase of prepaid wireless telecommunications service if separately stated on an invoice, receipt, or similar document provided by the seller to the consumer at the time of sale. (ii) "Retail transaction" includes a recharge as defined in § 26-52-314 of prepaid wireless telecommunications service;

(A) "Retail transaction" means each purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.

(B) (i) "Retail transaction" includes a separate purchase of prepaid wireless telecommunications service that is paid contemporaneously with another purchase of prepaid wireless telecommunications service if separately stated on an invoice, receipt, or similar document provided by the seller to the consumer at the time of sale. (ii) "Retail transaction" includes a recharge as defined in § 26-52-314 of prepaid wireless telecommunications service;

(i) "Retail transaction" includes a separate purchase of prepaid wireless telecommunications service that is paid contemporaneously with another purchase of prepaid wireless telecommunications service if separately stated on an invoice, receipt, or similar document provided by the seller to the consumer at the time of sale.

(ii) "Retail transaction" includes a recharge as defined in § 26-52-314 of prepaid wireless telecommunications service;

(7) "Seller" means a person who sells prepaid wireless telecommunications service to another person; and

(8) "Wireless telecommunications service" means a commercial mobile radio service as defined under § 12-10-303 .

(b) (1) For each retail transaction occurring in this state, a seller of prepaid wireless services shall collect from the consumer a public safety charge equal to ten percent (10%) of the value of the prepaid wireless service. (2) (A) The amount of the prepaid wireless public safety charge shall be stated separately on an invoice, receipt, or similar document that is provided to the consumer at the time of sale by the seller or otherwise disclosed to the consumer. (B) If the amount of the prepaid wireless public safety charge is stated separately on an invoice, receipt, or similar document provided to the consumer at the time of sale by the seller, the amount of the prepaid wireless public safety charge shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by the state, a political subdivision of the state, or an intergovernmental agency. (C) (i) To ensure there is no overlap of the E911 charge previously assessed under this section before October 1, 2019, and the new public safety charge assessed under subdivision (b)(1) of this section, a seller shall continue to collect the public safety charge in effect one (1) day before October 1, 2019, through September 30, 2019. (ii) The funds collected through September 30, 2019, shall be remitted according to the same terms and process as previously remitted under this section before October 1, 2019. (D) On and after October 1, 2019, a seller shall begin collecting the public safety charge under subdivision (b)(1) of this section and shall remit the funds as prescribed in subsection (c) of this section.

(1) For each retail transaction occurring in this state, a seller of prepaid wireless services shall collect from the consumer a public safety charge equal to ten percent (10%) of the value of the prepaid wireless service.

(2) (A) The amount of the prepaid wireless public safety charge shall be stated separately on an invoice, receipt, or similar document that is provided to the consumer at the time of sale by the seller or otherwise disclosed to the consumer. (B) If the amount of the prepaid wireless public safety charge is stated separately on an invoice, receipt, or similar document provided to the consumer at the time of sale by the seller, the amount of the prepaid wireless public safety charge shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by the state, a political subdivision of the state, or an intergovernmental agency. (C) (i) To ensure there is no overlap of the E911 charge previously assessed under this section before October 1, 2019, and the new public safety charge assessed under subdivision (b)(1) of this section, a seller shall continue to collect the public safety charge in effect one (1) day before October 1, 2019, through September 30, 2019. (ii) The funds collected through September 30, 2019, shall be remitted according to the same terms and process as previously remitted under this section before October 1, 2019. (D) On and after October 1, 2019, a seller shall begin collecting the public safety charge under subdivision (b)(1) of this section and shall remit the funds as prescribed in subsection (c) of this section.

(A) The amount of the prepaid wireless public safety charge shall be stated separately on an invoice, receipt, or similar document that is provided to the consumer at the time of sale by the seller or otherwise disclosed to the consumer.

(B) If the amount of the prepaid wireless public safety charge is stated separately on an invoice, receipt, or similar document provided to the consumer at the time of sale by the seller, the amount of the prepaid wireless public safety charge shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by the state, a political subdivision of the state, or an intergovernmental agency.

(C) (i) To ensure there is no overlap of the E911 charge previously assessed under this section before October 1, 2019, and the new public safety charge assessed under subdivision (b)(1) of this section, a seller shall continue to collect the public safety charge in effect one (1) day before October 1, 2019, through September 30, 2019. (ii) The funds collected through September 30, 2019, shall be remitted according to the same terms and process as previously remitted under this section before October 1, 2019.

(i) To ensure there is no overlap of the E911 charge previously assessed under this section before October 1, 2019, and the new public safety charge assessed under subdivision (b)(1) of this section, a seller shall continue to collect the public safety charge in effect one (1) day before October 1, 2019, through September 30, 2019.

(ii) The funds collected through September 30, 2019, shall be remitted according to the same terms and process as previously remitted under this section before October 1, 2019.

(D) On and after October 1, 2019, a seller shall begin collecting the public safety charge under subdivision (b)(1) of this section and shall remit the funds as prescribed in subsection (c) of this section.

(c) (1) A seller shall electronically report and pay one hundred percent (100%) of the prepaid wireless public safety charge plus any penalties and interest due to the Secretary of the Department of Finance and Administration in the same manner and at the same time as the gross receipts tax under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq. (2) A seller that meets the prompt payment requirements of § 26-52-503 may deduct and retain two percent (2%) of the prepaid wireless public safety charge.

(1) A seller shall electronically report and pay one hundred percent (100%) of the prepaid wireless public safety charge plus any penalties and interest due to the Secretary of the Department of Finance and Administration in the same manner and at the same time as the gross receipts tax under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq.

(2) A seller that meets the prompt payment requirements of § 26-52-503 may deduct and retain two percent (2%) of the prepaid wireless public safety charge.

(d) (1) The Arkansas Tax Procedure Act, § 26-18-101 et seq., applies to a prepaid wireless public safety charge. (2) If the Department of Finance and Administration becomes aware of any seller who is not collecting and remitting the public safety charge, the department shall provide notice of the requirements under this section and the associated penalties for failure to pay the charge.

(1) The Arkansas Tax Procedure Act, § 26-18-101 et seq., applies to a prepaid wireless public safety charge.

(2) If the Department of Finance and Administration becomes aware of any seller who is not collecting and remitting the public safety charge, the department shall provide notice of the requirements under this section and the associated penalties for failure to pay the charge.

(e) The department shall pay all remitted prepaid wireless public safety funds to the Arkansas Public Safety Trust Fund on or before the fifteenth business day of December 2019 and on or before the fifteenth business day of each month thereafter.

(f) A provider or seller is not liable for damages to a person resulting from or incurred in connection with: (1) Providing or failing to provide 911 service; (2) Identifying or failing to identify the telephone number, address, location, or name associated with a person or device that is accessing or attempting to access 911 service; or (3) Providing lawful assistance to a federal, state, or local investigator or law enforcement officer conducting a lawful investigation or other law enforcement activity.

(1) Providing or failing to provide 911 service;

(2) Identifying or failing to identify the telephone number, address, location, or name associated with a person or device that is accessing or attempting to access 911 service; or

(3) Providing lawful assistance to a federal, state, or local investigator or law enforcement officer conducting a lawful investigation or other law enforcement activity.

(g) A provider or seller is not liable for civil damages or criminal liability in connection with: (1) The development, design, installation, operation, maintenance, performance, or provision of 911 service; or (2) The release of subscriber information to a governmental entity as required by this subchapter.

(1) The development, design, installation, operation, maintenance, performance, or provision of 911 service; or

(2) The release of subscriber information to a governmental entity as required by this subchapter.

(h) (1) The prepaid wireless public safety charge imposed by this section shall be the only E911 funding obligation imposed for prepaid wireless telecommunications service in this state. (2) Except for the prepaid wireless public safety charge imposed under this section, no other tax, fee, surcharge, or other charge shall be imposed upon prepaid wireless telecommunication services by the state, a political subdivision of the state, or an intergovernmental agency for the purpose of implementing and supporting emergency telephone services.

(1) The prepaid wireless public safety charge imposed by this section shall be the only E911 funding obligation imposed for prepaid wireless telecommunications service in this state.

(2) Except for the prepaid wireless public safety charge imposed under this section, no other tax, fee, surcharge, or other charge shall be imposed upon prepaid wireless telecommunication services by the state, a political subdivision of the state, or an intergovernmental agency for the purpose of implementing and supporting emergency telephone services.

Amended by Act 2019, No. 660,§ 8, eff. 10/1/2019.

Amended by Act 2019, No. 910,§ 3375, eff. 7/1/2019.

Added by Act 2013, No. 623,§ 6, eff. 1/1/2014.
Ark. Code Ann. § 12-18-906 — AR Code / Title 12 / Chapter 18 / Subchapter 9 / Section 12-18-906
Allegations determined to be unsubstantiated not to be included
Status: in_force

Records of all cases in which allegations are determined to be unsubstantiated shall not be included in the Child Maltreatment Central Registry. Acts 2009, No. 749, § 1.

Records of all cases in which allegations are determined to be unsubstantiated shall not be included in the Child Maltreatment Central Registry.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-51-501 — AR Code / Title 12 / Chapter 51 / Subchapter 5 / Section 12-51-501
Expenses - Assessments - Accounts
Status: in_force

(a) The Interstate Commission for Adult Offender Supervision shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities. (b) (1) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. (2) The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment. (c) The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state. (d) (1) The interstate commission shall keep accurate accounts of all receipts and disbursements. (2) The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission. Acts 2001, No. 253, § 1.

(a) The Interstate Commission for Adult Offender Supervision shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

(b) (1) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. (2) The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.

(1) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year.

(2) The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.

(c) The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

(d) (1) The interstate commission shall keep accurate accounts of all receipts and disbursements. (2) The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.

(1) The interstate commission shall keep accurate accounts of all receipts and disbursements.

(2) The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-29-109 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-109
Board action upon violations of section 5-54-119
Status: in_force

If the Board of Corrections has good reason for believing that any violation of § 5-54-119 has occurred, it shall investigate the matter and report the facts together with the names of the witnesses to the proper prosecuting attorney. Acts 1893, No. 76, §§ 51, 52, p. 121; C. & M. Dig., §§ 9712, 9713; Pope's Dig., §§ 12743, 12744; Acts 1975, No. 280, § 2819; 1977, No. 360, § 17; 1981, No. 60, § 1; 1985, No. 686, § 1; A.S.A. 1947, §§ 41-2819, 46-166, 46-167; Acts 1988 (4th Ex. Sess.), No. 8, § 3; 1988 (4th Ex. Sess.), No. 23, § 3; 2007, No. 827, § 129.

If the Board of Corrections has good reason for believing that any violation of § 5-54-119 has occurred, it shall investigate the matter and report the facts together with the names of the witnesses to the proper prosecuting attorney.

Acts 1893, No. 76, §§ 51, 52, p. 121; C. & M. Dig., §§ 9712, 9713; Pope's Dig., §§ 12743, 12744; Acts 1975, No. 280, § 2819; 1977, No. 360, § 17; 1981, No. 60, § 1; 1985, No. 686, § 1; A.S.A. 1947, §§ 41-2819, 46-166, 46-167; Acts 1988 (4th Ex. Sess.), No. 8, § 3; 1988 (4th Ex. Sess.), No. 23, § 3; 2007, No. 827, § 129.
Ark. Code Ann. § 12-63-410 — AR Code / Title 12 / Chapter 63 / Subchapter 4 / Section 12-63-410
Military-type canteens and exchanges - Conditional termination
Status: in_force

(a) If the Adjutant General deems it to be in the best interest of the military forces of this state or of the United States, the Adjutant General may enter into an agreement or agreements with the Army and Air Force Exchange Service for the institution, maintenance, and operation by the Army and Air Force Exchange Service of post exchanges on the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center, or both. (b) (1) Upon the execution of the agreement or agreements and the institution by the Army and Air Force Exchange Service of a post exchange on the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center, the operation of the military-type canteen and exchange, as the case may be, by the Adjutant General, as provided in §§ 12-63-404 - 12-63-409 and this section, shall terminate. (2) The termination of the operation of one (1) or more military-type canteens and exchanges shall not mandate that other military-type canteens and exchanges at other locations be closed. Amended by Act 2023, No. 454,§ 7, eff. 8/1/2023. Acts 1977, No. 489, § 8; 1979, No. 362, § 2; A.S.A. 1947, § 11-1811; Acts 1997, No. 1201, § 12.

(a) If the Adjutant General deems it to be in the best interest of the military forces of this state or of the United States, the Adjutant General may enter into an agreement or agreements with the Army and Air Force Exchange Service for the institution, maintenance, and operation by the Army and Air Force Exchange Service of post exchanges on the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center, or both.

(b) (1) Upon the execution of the agreement or agreements and the institution by the Army and Air Force Exchange Service of a post exchange on the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center, the operation of the military-type canteen and exchange, as the case may be, by the Adjutant General, as provided in §§ 12-63-404 - 12-63-409 and this section, shall terminate. (2) The termination of the operation of one (1) or more military-type canteens and exchanges shall not mandate that other military-type canteens and exchanges at other locations be closed.

(1) Upon the execution of the agreement or agreements and the institution by the Army and Air Force Exchange Service of a post exchange on the Robinson Maneuver Training Center or the Fort Chaffee Joint Maneuver Training Center, the operation of the military-type canteen and exchange, as the case may be, by the Adjutant General, as provided in §§ 12-63-404 - 12-63-409 and this section, shall terminate.

(2) The termination of the operation of one (1) or more military-type canteens and exchanges shall not mandate that other military-type canteens and exchanges at other locations be closed.

Amended by Act 2023, No. 454,§ 7, eff. 8/1/2023.

Acts 1977, No. 489, § 8; 1979, No. 362, § 2; A.S.A. 1947, § 11-1811; Acts 1997, No. 1201, § 12.
Ark. Code Ann. § 12-15-204 — AR Code / Title 12 / Chapter 15 / Subchapter 2 / Section 12-15-204
Bomb squad - Concealed carry of handgun authorized
Status: in_force

(a) A member of a municipal fire department bomb squad may carry a concealed handgun if he or she: (1) Has successfully completed the part-time law enforcement officer course of study approved by the Arkansas Commission on Law Enforcement Standards and Training, as required for specialized police personnel; (2) Is acting in his or her official capacity as a member of a municipal fire department bomb squad; (3) Is not subject to any disciplinary action that suspends his or her authority as a member of the municipal fire department bomb squad; (4) Is carrying a badge or appropriate written photographic identification issued by the municipal fire department identifying him or her as a member of the municipal fire department bomb squad; (5) Is not otherwise prohibited under federal law from receiving or possessing a firearm; (6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and (7) Has fingerprint impressions on file with the Division of Arkansas State Police automated fingerprint identification system. (b) A member of a municipal fire department bomb squad carrying a concealed handgun under this section is not subject to the prohibitions and limitations of § 5-73-306 . Added by Act 2023, No. 166,§ 4, eff. 8/1/2023.

(a) A member of a municipal fire department bomb squad may carry a concealed handgun if he or she: (1) Has successfully completed the part-time law enforcement officer course of study approved by the Arkansas Commission on Law Enforcement Standards and Training, as required for specialized police personnel; (2) Is acting in his or her official capacity as a member of a municipal fire department bomb squad; (3) Is not subject to any disciplinary action that suspends his or her authority as a member of the municipal fire department bomb squad; (4) Is carrying a badge or appropriate written photographic identification issued by the municipal fire department identifying him or her as a member of the municipal fire department bomb squad; (5) Is not otherwise prohibited under federal law from receiving or possessing a firearm; (6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and (7) Has fingerprint impressions on file with the Division of Arkansas State Police automated fingerprint identification system.

(1) Has successfully completed the part-time law enforcement officer course of study approved by the Arkansas Commission on Law Enforcement Standards and Training, as required for specialized police personnel;

(2) Is acting in his or her official capacity as a member of a municipal fire department bomb squad;

(3) Is not subject to any disciplinary action that suspends his or her authority as a member of the municipal fire department bomb squad;

(4) Is carrying a badge or appropriate written photographic identification issued by the municipal fire department identifying him or her as a member of the municipal fire department bomb squad;

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

(6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

(7) Has fingerprint impressions on file with the Division of Arkansas State Police automated fingerprint identification system.

(b) A member of a municipal fire department bomb squad carrying a concealed handgun under this section is not subject to the prohibitions and limitations of § 5-73-306 .

Added by Act 2023, No. 166,§ 4, eff. 8/1/2023.
Ark. Code Ann. § 12-79-102 — AR Code / Title 12 / Chapter 79 / Section 12-79-102
Creation
Status: in_force

Because of the existing and increasing possibility of a major disaster or emergency from the release of hazardous and toxic substances into the environment while in transport, during manufacturing, and in storage, and because of the immediate need to notify state and local emergency response and recovery forces and other governmental entities mandated to perform certain actions related to a release of hazardous or toxic substances into the environment, it is found and declared to be necessary to: (1) Create within the Arkansas Department of Emergency Management a system to notify local, state, and federal emergency response and recovery forces and those other governmental and private sector entities with a mandated responsibility for emergency services; and (2) Require any business, manufacturer, refiner, retailer, wholesaler, transporter in the private sector, or governmental entity at the local, state, or federal level to report as soon as possible any known incident involving the release of hazardous and toxic materials into the environment which requires, or may require, emergency response or recovery actions by public safety forces of local or state governmental entities, including volunteer emergency services such as, but not limited to, firefighters, law enforcement, emergency medical services, and other first responders. Acts 1991, No. 917, § 2; 1999, No. 646, § 45.

Because of the existing and increasing possibility of a major disaster or emergency from the release of hazardous and toxic substances into the environment while in transport, during manufacturing, and in storage, and because of the immediate need to notify state and local emergency response and recovery forces and other governmental entities mandated to perform certain actions related to a release of hazardous or toxic substances into the environment, it is found and declared to be necessary to:

(1) Create within the Arkansas Department of Emergency Management a system to notify local, state, and federal emergency response and recovery forces and those other governmental and private sector entities with a mandated responsibility for emergency services; and

(2) Require any business, manufacturer, refiner, retailer, wholesaler, transporter in the private sector, or governmental entity at the local, state, or federal level to report as soon as possible any known incident involving the release of hazardous and toxic materials into the environment which requires, or may require, emergency response or recovery actions by public safety forces of local or state governmental entities, including volunteer emergency services such as, but not limited to, firefighters, law enforcement, emergency medical services, and other first responders.

Acts 1991, No. 917, § 2; 1999, No. 646, § 45.
Ark. Code Ann. § 12-51-105 — AR Code / Title 12 / Chapter 51 / Subchapter 1 / Section 12-51-105
Powers and duties of the interstate commission
Status: in_force

The Interstate Commission for Adult Offender Supervision shall have the following powers: (1) To adopt a seal and suitable bylaws governing the management and operation of the interstate commission; (2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact; (3) To oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact commission; (4) To enforce compliance with compact provisions, interstate commission rules and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process; (5) To establish and maintain offices; (6) To purchase and maintain insurance and bonds; (7) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs; (8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions, including, but not limited to, an executive committee as required by Article III, i.e., § 12-51-103 , which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder; (9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel; (10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same; (11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed; (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (13) To establish a budget and make expenditures and levy dues as provided in Article X, i.e., § 12-51-601 et seq., of this compact; (14) To sue and be sued; (15) To provide for dispute resolution among compacting states; (16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact; (17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission; (18) To coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in such activity; and (19) To establish uniform standards for the reporting, collecting, and exchanging of data. Acts 2001, No. 253, § 1.

The Interstate Commission for Adult Offender Supervision shall have the following powers:

(1) To adopt a seal and suitable bylaws governing the management and operation of the interstate commission;

(2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;

(3) To oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact commission;

(4) To enforce compliance with compact provisions, interstate commission rules and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process;

(5) To establish and maintain offices;

(6) To purchase and maintain insurance and bonds;

(7) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs;

(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions, including, but not limited to, an executive committee as required by Article III, i.e., § 12-51-103 , which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder;

(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;

(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same;

(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed;

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

(13) To establish a budget and make expenditures and levy dues as provided in Article X, i.e., § 12-51-601 et seq., of this compact;

(14) To sue and be sued;

(15) To provide for dispute resolution among compacting states;

(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact;

(17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission;

(18) To coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in such activity; and

(19) To establish uniform standards for the reporting, collecting, and exchanging of data.

Acts 2001, No. 253, § 1.
Ark. Code Ann. § 12-12-326 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-326
Autopsies - Line-of-duty death - Definitions
Status: in_force

(a) As used in this section: (1) "Eligible person" means a person with an eligibility similar to a firefighter or police officer under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate; (2) "Firefighter" means any member of a fire department or fire fighting unit of the Arkansas Forestry Commission, any city of the first class or city of the second class, any town, or any unincorporated rural area of this state, who actively engages in the fighting of fires on either a regular or voluntary basis; and (3) "Police officer" means any law enforcement officer engaged in official duty who is: (A) A member of: (i) Any regular or auxiliary police force on a full-time or part-time basis; or (ii) The Division of Arkansas State Police; or (B) A sheriff or deputy sheriff of any county. (b) A coroner or a supervisor of a firefighter, police officer, or eligible person shall promptly notify the State Medical Examiner if the firefighter, police officer, or eligible person dies in the line of duty as a result of injuries sustained in the line of duty or within twenty-four (24) hours after participating in an emergency situation. (c) (1) (A) The examiner may conduct an autopsy on any firefighter, police officer, or eligible person who dies in the line of duty as a result of injuries sustained in the line of duty or within twenty-four (24) hours after participating in an emergency situation. (B) The autopsy shall be sufficient to determine eligibility for benefits under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate. (C) A report of the autopsy shall be provided to the firefighter's or police officer's commanding officer or the supervisor of the eligible person. (2) (A) If the firefighter, police officer, or eligible person has agreed in writing to allow an autopsy under this section, that directive shall be followed unless the firefighter's, police officer's, or eligible person's spouse dictates otherwise after being notified of the prospective autopsy. (B) If the firefighter, police officer, or eligible person has not agreed in writing to allow an autopsy under this section, the firefighter's, police officer's, or eligible person's spouse may decide whether or not an autopsy will be performed. (C) If the firefighter's, police officer's, or eligible person's spouse chooses not to allow the autopsy: (i) No autopsy may be performed; and (ii) The body of the firefighter, police officer, or eligible person shall be released to the next of kin. (3) (A) If the examiner does not perform an autopsy under this section, he or she shall provide to the firefighter's or police officer's commanding officer or the supervisor of the eligible person written notice stating the reason why an autopsy was not performed. (B) The written notice under subdivision (c)(3)(A) of this section shall include a toxicology report. Amended by Act 2019, No. 910,§ 5856, eff. 7/1/2019. Acts 2007, No. 69, § 1; 2009, No. 165, § 4.

(a) As used in this section: (1) "Eligible person" means a person with an eligibility similar to a firefighter or police officer under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate; (2) "Firefighter" means any member of a fire department or fire fighting unit of the Arkansas Forestry Commission, any city of the first class or city of the second class, any town, or any unincorporated rural area of this state, who actively engages in the fighting of fires on either a regular or voluntary basis; and (3) "Police officer" means any law enforcement officer engaged in official duty who is: (A) A member of: (i) Any regular or auxiliary police force on a full-time or part-time basis; or (ii) The Division of Arkansas State Police; or (B) A sheriff or deputy sheriff of any county.

(1) "Eligible person" means a person with an eligibility similar to a firefighter or police officer under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate;

(2) "Firefighter" means any member of a fire department or fire fighting unit of the Arkansas Forestry Commission, any city of the first class or city of the second class, any town, or any unincorporated rural area of this state, who actively engages in the fighting of fires on either a regular or voluntary basis; and

(3) "Police officer" means any law enforcement officer engaged in official duty who is: (A) A member of: (i) Any regular or auxiliary police force on a full-time or part-time basis; or (ii) The Division of Arkansas State Police; or (B) A sheriff or deputy sheriff of any county.

(A) A member of: (i) Any regular or auxiliary police force on a full-time or part-time basis; or (ii) The Division of Arkansas State Police; or

(i) Any regular or auxiliary police force on a full-time or part-time basis; or

(ii) The Division of Arkansas State Police; or

(B) A sheriff or deputy sheriff of any county.

(b) A coroner or a supervisor of a firefighter, police officer, or eligible person shall promptly notify the State Medical Examiner if the firefighter, police officer, or eligible person dies in the line of duty as a result of injuries sustained in the line of duty or within twenty-four (24) hours after participating in an emergency situation.

(c) (1) (A) The examiner may conduct an autopsy on any firefighter, police officer, or eligible person who dies in the line of duty as a result of injuries sustained in the line of duty or within twenty-four (24) hours after participating in an emergency situation. (B) The autopsy shall be sufficient to determine eligibility for benefits under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate. (C) A report of the autopsy shall be provided to the firefighter's or police officer's commanding officer or the supervisor of the eligible person. (2) (A) If the firefighter, police officer, or eligible person has agreed in writing to allow an autopsy under this section, that directive shall be followed unless the firefighter's, police officer's, or eligible person's spouse dictates otherwise after being notified of the prospective autopsy. (B) If the firefighter, police officer, or eligible person has not agreed in writing to allow an autopsy under this section, the firefighter's, police officer's, or eligible person's spouse may decide whether or not an autopsy will be performed. (C) If the firefighter's, police officer's, or eligible person's spouse chooses not to allow the autopsy: (i) No autopsy may be performed; and (ii) The body of the firefighter, police officer, or eligible person shall be released to the next of kin. (3) (A) If the examiner does not perform an autopsy under this section, he or she shall provide to the firefighter's or police officer's commanding officer or the supervisor of the eligible person written notice stating the reason why an autopsy was not performed. (B) The written notice under subdivision (c)(3)(A) of this section shall include a toxicology report.

(1) (A) The examiner may conduct an autopsy on any firefighter, police officer, or eligible person who dies in the line of duty as a result of injuries sustained in the line of duty or within twenty-four (24) hours after participating in an emergency situation. (B) The autopsy shall be sufficient to determine eligibility for benefits under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate. (C) A report of the autopsy shall be provided to the firefighter's or police officer's commanding officer or the supervisor of the eligible person.

(A) The examiner may conduct an autopsy on any firefighter, police officer, or eligible person who dies in the line of duty as a result of injuries sustained in the line of duty or within twenty-four (24) hours after participating in an emergency situation.

(B) The autopsy shall be sufficient to determine eligibility for benefits under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, 42 U.S.C. § 3796 et seq., as appropriate.

(C) A report of the autopsy shall be provided to the firefighter's or police officer's commanding officer or the supervisor of the eligible person.

(2) (A) If the firefighter, police officer, or eligible person has agreed in writing to allow an autopsy under this section, that directive shall be followed unless the firefighter's, police officer's, or eligible person's spouse dictates otherwise after being notified of the prospective autopsy. (B) If the firefighter, police officer, or eligible person has not agreed in writing to allow an autopsy under this section, the firefighter's, police officer's, or eligible person's spouse may decide whether or not an autopsy will be performed. (C) If the firefighter's, police officer's, or eligible person's spouse chooses not to allow the autopsy: (i) No autopsy may be performed; and (ii) The body of the firefighter, police officer, or eligible person shall be released to the next of kin.

(A) If the firefighter, police officer, or eligible person has agreed in writing to allow an autopsy under this section, that directive shall be followed unless the firefighter's, police officer's, or eligible person's spouse dictates otherwise after being notified of the prospective autopsy.

(B) If the firefighter, police officer, or eligible person has not agreed in writing to allow an autopsy under this section, the firefighter's, police officer's, or eligible person's spouse may decide whether or not an autopsy will be performed.

(C) If the firefighter's, police officer's, or eligible person's spouse chooses not to allow the autopsy: (i) No autopsy may be performed; and (ii) The body of the firefighter, police officer, or eligible person shall be released to the next of kin.

(i) No autopsy may be performed; and

(ii) The body of the firefighter, police officer, or eligible person shall be released to the next of kin.

(3) (A) If the examiner does not perform an autopsy under this section, he or she shall provide to the firefighter's or police officer's commanding officer or the supervisor of the eligible person written notice stating the reason why an autopsy was not performed. (B) The written notice under subdivision (c)(3)(A) of this section shall include a toxicology report.

(A) If the examiner does not perform an autopsy under this section, he or she shall provide to the firefighter's or police officer's commanding officer or the supervisor of the eligible person written notice stating the reason why an autopsy was not performed.

(B) The written notice under subdivision (c)(3)(A) of this section shall include a toxicology report.

Amended by Act 2019, No. 910,§ 5856, eff. 7/1/2019.

Acts 2007, No. 69, § 1; 2009, No. 165, § 4.
Ark. Code Ann. § 12-30-211 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-211
Rules
Status: in_force

The Board of Corrections shall have power and authority to prepare and promulgate rules which are necessary to give effect to the provisions of this subchapter with respect to matters of administration and procedure respecting them. Amended by Act 2019, No. 315,§ 908, eff. 7/24/2019. Acts 1967, No. 473, § 11; A.S.A. 1947, § 46-244.

The Board of Corrections shall have power and authority to prepare and promulgate rules which are necessary to give effect to the provisions of this subchapter with respect to matters of administration and procedure respecting them.

Amended by Act 2019, No. 315,§ 908, eff. 7/24/2019.

Acts 1967, No. 473, § 11; A.S.A. 1947, § 46-244.
Ark. Code Ann. § 12-14-109 — AR Code / Title 12 / Chapter 14 / Section 12-14-109
Certain records exempt
Status: in_force

A record or other information related to the operations, emergency procedure, and security personnel of the State Capitol Police is confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., including without limitation: (1) Records or other information that upon disclosure could reasonably be expected to be detrimental to the public safety, including without limitation records or other information concerning emergency or security plans, State Capitol Building or Capitol Hill apartment complex safety plans, monitoring capabilities, procedures, risk assessments, studies, measures, or systems; and (2) Records or other information relating to the number of licensed security officers, certified State Capitol Police officers, or other security personnel, as well as any personal information about a security officer, certified State Capitol Police officer, or other security personnel. Added by Act 2017, No. 474,§ 1, eff. 3/13/2017.

A record or other information related to the operations, emergency procedure, and security personnel of the State Capitol Police is confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., including without limitation:

(1) Records or other information that upon disclosure could reasonably be expected to be detrimental to the public safety, including without limitation records or other information concerning emergency or security plans, State Capitol Building or Capitol Hill apartment complex safety plans, monitoring capabilities, procedures, risk assessments, studies, measures, or systems; and

(2) Records or other information relating to the number of licensed security officers, certified State Capitol Police officers, or other security personnel, as well as any personal information about a security officer, certified State Capitol Police officer, or other security personnel.

Added by Act 2017, No. 474,§ 1, eff. 3/13/2017.
Ark. Code Ann. § 12-14-105 — AR Code / Title 12 / Chapter 14 / Section 12-14-105
Enforcement - Fines
Status: in_force

(a) The prosecuting attorney or the city attorney, as may be appropriate, shall appear and prosecute all actions arising in any court under the provisions of this chapter. (b) All fines which may be collected by any court on account of the violation of this chapter shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office, to be deposited into the State Treasury and placed to the credit of the State Capitol Police. Acts 1989, No. 468, § 1; 2003, No. 1765, § 6.

(a) The prosecuting attorney or the city attorney, as may be appropriate, shall appear and prosecute all actions arising in any court under the provisions of this chapter.

(b) All fines which may be collected by any court on account of the violation of this chapter shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office, to be deposited into the State Treasury and placed to the credit of the State Capitol Police.

Acts 1989, No. 468, § 1; 2003, No. 1765, § 6.
Ark. Code Ann. § 12-41-203 — AR Code / Title 12 / Chapter 41 / Subchapter 2 / Section 12-41-203
Terms of contract
Status: in_force

(a) The contract must provide that the county sheriffs of the two (2) counties are jointly responsible for operation of any jail, lockup, or other detention facility in the justice center and the custody, care, and treatment of persons in custody in the facility or must provide for the hiring of a jailer with those responsibilities. (b) The contracting parties may specify in the contract the manner of determining the persons responsible for: (1) The operation, alteration, maintenance, cleaning, and repair of the facilities; (2) The employment of center personnel; (3) The purchase of materials, supplies, tools, and other equipment to be jointly used by offices provided or used by the contracting parties; (4) The preparing of reports to the governing bodies of the contracting parties; (5) Joint recordkeeping, communications, or dispatch systems; and (6) The performance of any other powers or duties relating to operation of the center. (c) A county and municipality in this state may contract for the center to contain: (1) Courtrooms and office space needed by county, district, and appellate courts; (2) Jail, lockup, and other detention facilities; (3) Federal, county, precinct, and municipal offices for prosecuting attorneys and other personnel as needed; (4) Adult or juvenile probation offices; (5) Any other offices that either the county or municipality is separately authorized or required to operate or provide; and (6) Parking space, dining areas, and other facilities incidental to operation of the center. (d) The contracting parties may provide in the contract the manner of determining the personnel policies and employment benefit programs for center personnel. Acts 1981, No. 696, §§ 2, 4-6; A.S.A. 1947, §§ 46-1602, 46-1604 -- 46-1606; Acts 2003, No. 1185, § 19.

(a) The contract must provide that the county sheriffs of the two (2) counties are jointly responsible for operation of any jail, lockup, or other detention facility in the justice center and the custody, care, and treatment of persons in custody in the facility or must provide for the hiring of a jailer with those responsibilities.

(b) The contracting parties may specify in the contract the manner of determining the persons responsible for: (1) The operation, alteration, maintenance, cleaning, and repair of the facilities; (2) The employment of center personnel; (3) The purchase of materials, supplies, tools, and other equipment to be jointly used by offices provided or used by the contracting parties; (4) The preparing of reports to the governing bodies of the contracting parties; (5) Joint recordkeeping, communications, or dispatch systems; and (6) The performance of any other powers or duties relating to operation of the center.

(1) The operation, alteration, maintenance, cleaning, and repair of the facilities;

(2) The employment of center personnel;

(3) The purchase of materials, supplies, tools, and other equipment to be jointly used by offices provided or used by the contracting parties;

(4) The preparing of reports to the governing bodies of the contracting parties;

(5) Joint recordkeeping, communications, or dispatch systems; and

(6) The performance of any other powers or duties relating to operation of the center.

(c) A county and municipality in this state may contract for the center to contain: (1) Courtrooms and office space needed by county, district, and appellate courts; (2) Jail, lockup, and other detention facilities; (3) Federal, county, precinct, and municipal offices for prosecuting attorneys and other personnel as needed; (4) Adult or juvenile probation offices; (5) Any other offices that either the county or municipality is separately authorized or required to operate or provide; and (6) Parking space, dining areas, and other facilities incidental to operation of the center.

(1) Courtrooms and office space needed by county, district, and appellate courts;

(2) Jail, lockup, and other detention facilities;

(3) Federal, county, precinct, and municipal offices for prosecuting attorneys and other personnel as needed;

(4) Adult or juvenile probation offices;

(5) Any other offices that either the county or municipality is separately authorized or required to operate or provide; and

(6) Parking space, dining areas, and other facilities incidental to operation of the center.

(d) The contracting parties may provide in the contract the manner of determining the personnel policies and employment benefit programs for center personnel.

Acts 1981, No. 696, §§ 2, 4-6; A.S.A. 1947, §§ 46-1602, 46-1604 -- 46-1606; Acts 2003, No. 1185, § 19.
Ark. Code Ann. § 12-61-302 — AR Code / Title 12 / Chapter 61 / Subchapter 3 / Section 12-61-302
Organization and government
Status: in_force

(a) The Arkansas State Defense Force shall be organized and governed by the terms of this code and by such rules as may be promulgated from time to time. (b) Except when otherwise provided, all provisions of this code and rules in respect to the Arkansas National Guard shall apply to the Arkansas State Defense Force. Amended by Act 2019, No. 315,§ 930, eff. 7/24/2019. Acts 1969, No. 50, § 41; A.S.A. 1947, § 11-502.

(a) The Arkansas State Defense Force shall be organized and governed by the terms of this code and by such rules as may be promulgated from time to time.

(b) Except when otherwise provided, all provisions of this code and rules in respect to the Arkansas National Guard shall apply to the Arkansas State Defense Force.

Amended by Act 2019, No. 315,§ 930, eff. 7/24/2019.

Acts 1969, No. 50, § 41; A.S.A. 1947, § 11-502.
Ark. Code Ann. § 12-26-101 — AR Code / Title 12 / Chapter 26 / Section 12-26-101
Policy - Purpose of chapter
Status: in_force

(a) It is declared to be the policy of the State of Arkansas that all criminal detention facilities and juvenile detention facilities within the counties of the state shall conform to certain minimum standards of construction, maintenance, and operation. (b) It is the purpose of this chapter to implement this policy by establishing a criminal detention facility review committee within each of the criminal detention facility review committee districts of the state with the authority and responsibility to administer the provisions of this chapter and other laws enacted relating to standards for criminal detention facilities and juvenile detention facilities. Amended by Act 2017, No. 153,§ 1, eff. 1/1/2019. Acts 1983, No. 741, § 1; A.S.A. 1947, § 46-1210.

(a) It is declared to be the policy of the State of Arkansas that all criminal detention facilities and juvenile detention facilities within the counties of the state shall conform to certain minimum standards of construction, maintenance, and operation.

(b) It is the purpose of this chapter to implement this policy by establishing a criminal detention facility review committee within each of the criminal detention facility review committee districts of the state with the authority and responsibility to administer the provisions of this chapter and other laws enacted relating to standards for criminal detention facilities and juvenile detention facilities.

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

Acts 1983, No. 741, § 1; A.S.A. 1947, § 46-1210.
Ark. Code Ann. § 12-50-109 — AR Code / Title 12 / Chapter 50 / Section 12-50-109
Financing - Contracts with Arkansas Development Finance Authority
Status: in_force

(a) (1) The Board of Corrections and any regional corrections commission may cooperate and contract with the Arkansas Development Finance Authority to provide for the payment of the principal of, premium, if any, interest on, and trustee's and paying agent's fees in connection with bonds issued to finance the acquisition, construction, and operation of prison facilities authorized under this chapter to be secured by a lien on and pledge of one (1) or more of the following: (A) All revenues derived from payments to be made by the Division of Correction for the housing of prisoners; (B) All revenues derived from payments to be made by political subdivisions for the housing of prisoners; or (C) Any other revenues authorized by the General Assembly or the governing body of any political subdivision. (2) (A) Any documents relating to a pledge under subdivision (a)(1) of this section shall state that the pledge is subject to annual appropriation by the governing body or annual appropriation of the General Assembly, respectively. (B) It is not necessary to the perfection of the lien and pledge for those purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the collateral security. (b) In addition to any other approved method of financing, counties may utilize the provisions of the County Jail Revenue Bond Act of 1981, § 12-41-601 et seq., as a permissible means of financing correctional facilities to be used pursuant to the contracts entered into under the provisions of this chapter. Amended by Act 2019, No. 910,§ 842, eff. 7/1/2019. Amended by Act 2017, No. 250,§ 28, eff. 8/1/2017. Acts 1987, No. 427, § 9.

(a) (1) The Board of Corrections and any regional corrections commission may cooperate and contract with the Arkansas Development Finance Authority to provide for the payment of the principal of, premium, if any, interest on, and trustee's and paying agent's fees in connection with bonds issued to finance the acquisition, construction, and operation of prison facilities authorized under this chapter to be secured by a lien on and pledge of one (1) or more of the following: (A) All revenues derived from payments to be made by the Division of Correction for the housing of prisoners; (B) All revenues derived from payments to be made by political subdivisions for the housing of prisoners; or (C) Any other revenues authorized by the General Assembly or the governing body of any political subdivision. (2) (A) Any documents relating to a pledge under subdivision (a)(1) of this section shall state that the pledge is subject to annual appropriation by the governing body or annual appropriation of the General Assembly, respectively. (B) It is not necessary to the perfection of the lien and pledge for those purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the collateral security.

(1) The Board of Corrections and any regional corrections commission may cooperate and contract with the Arkansas Development Finance Authority to provide for the payment of the principal of, premium, if any, interest on, and trustee's and paying agent's fees in connection with bonds issued to finance the acquisition, construction, and operation of prison facilities authorized under this chapter to be secured by a lien on and pledge of one (1) or more of the following: (A) All revenues derived from payments to be made by the Division of Correction for the housing of prisoners; (B) All revenues derived from payments to be made by political subdivisions for the housing of prisoners; or (C) Any other revenues authorized by the General Assembly or the governing body of any political subdivision.

(A) All revenues derived from payments to be made by the Division of Correction for the housing of prisoners;

(B) All revenues derived from payments to be made by political subdivisions for the housing of prisoners; or

(C) Any other revenues authorized by the General Assembly or the governing body of any political subdivision.

(2) (A) Any documents relating to a pledge under subdivision (a)(1) of this section shall state that the pledge is subject to annual appropriation by the governing body or annual appropriation of the General Assembly, respectively. (B) It is not necessary to the perfection of the lien and pledge for those purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the collateral security.

(A) Any documents relating to a pledge under subdivision (a)(1) of this section shall state that the pledge is subject to annual appropriation by the governing body or annual appropriation of the General Assembly, respectively.

(B) It is not necessary to the perfection of the lien and pledge for those purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the collateral security.

(b) In addition to any other approved method of financing, counties may utilize the provisions of the County Jail Revenue Bond Act of 1981, § 12-41-601 et seq., as a permissible means of financing correctional facilities to be used pursuant to the contracts entered into under the provisions of this chapter.

Amended by Act 2019, No. 910,§ 842, eff. 7/1/2019.

Amended by Act 2017, No. 250,§ 28, eff. 8/1/2017.

Acts 1987, No. 427, § 9.
Ark. Code Ann. § 12-6-701 — AR Code / Title 12 / Chapter 6 / Subchapter 7 / Section 12-6-701
Confidentiality of certain law enforcement records - Definitions
Status: in_force

(a) As used in this section: (1) "Access a record" means to view a photograph or video recording or to listen to an audio recording; (2) "Custodian of the record" means a person identified by the governmental entity that possesses the record and is responsible for safeguarding and providing access to the record; (3) "Death of a law enforcement officer" means all acts or events that caused or otherwise relate to the death of a law enforcement officer who was acting in the course of his or her official duties, including any related acts or events immediately preceding or subsequent to the acts or events that caused or otherwise relate to the death; (4) "Family member" means a spouse, biological or adopted child, parent, or sibling of the deceased law enforcement officer; (5) "Law enforcement officer" means a person vested by law with a duty to maintain public order and to make arrests for offenses; (6) (A) "Notice" means that from all the facts and circumstances known to the person at the time, the person has reason to know that the facts and circumstances exist. (B) Notice may be communicated in person or through other means, including without limitation, by telephone, telegraph, teletype, telecopier, facsimile, or other form of wire or wireless communication, or by mail or private carrier; and (7) "Record" means a photograph, video recording, or audio recording, including any audio or video footage captured on a body-worn camera or a dashboard camera. (b) (1) A record that depicts or records the death of a law enforcement officer is confidential and exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) (A) However, a family member of the deceased law enforcement officer may access a record described in subdivision (b)(1) of this section. (B) A minor child of a deceased law enforcement officer who is at least fourteen (14) years of age may access a record described in subdivision (b)(1) of this section if the parent or guardian of the child: (i) Provides written consent to the custodian of the record to permit the child to access a record; and (ii) Is present to provide supervision over the child as he or she accesses a record. (c) (1) The custodian of a record shall not permit a person not authorized under this section to copy, disseminate, reproduce, transmit, or access a record described in subdivision (b)(1) of this section. (2) The access to a record described in subdivision (b)(1) of this section or other handling of a record described in subdivision (b)(1) of this section shall be under the direct supervision of the custodian of the record. (3) A person or persons designated as the custodian of a record who knowingly violates this section upon conviction is guilty of a Class D felony. (d) (1) (A) A person or entity may petition a circuit court in the county where a record described in subdivision (b)(1) of this section is physically located in order to obtain access to the record. (B) At a hearing held on a petition filed with the circuit court under subdivision (d)(1)(A) of this section seeking access to a record described in subdivision (b)(1) of this section, any review of a record described in subdivision (b)(1) of this section shall be conducted in camera. (2) Upon a showing of good cause, a circuit court may issue an order authorizing a person or entity under subdivision (d)(1) of this section to access a record described in subdivision (b)(1) of this section and may prescribe restrictions or stipulations pertaining to the access of the record that the circuit court deems appropriate, including whether to allow for the copying or public disclosure of a record described in subdivision (b)(1) of this section. (3) In determining good cause under subdivision (d)(2) of this section, the circuit court shall consider the following factors, along with other factors that the circuit court may deem relevant: (A) Whether access to the record described in subdivision (b)(1) of this section is necessary for the public evaluation of a law enforcement officer's conduct during the performance of his or her official duties; (B) Whether there is a compelling public interest in the disclosure of the record; (C) The seriousness of the intrusion into the privacy of the deceased law enforcement officer's family members; and (D) The availability of similar information in other forms. (4) (A) A custodian of a record described in subdivision (b)(1) of this section shall be given notice of: (i) A petition filed with a circuit court to access a record described in subdivision (b)(1) of this section; and (ii) The opportunity to be present and heard at any hearing on the matter. (B) In addition to custodian notification under subdivision (d)(4)(A) of this section, the following people shall be provided notice described in subdivisions (d)(4)(A)(i) and (ii) of this section: (i) The surviving spouse of the deceased law enforcement officer, if any; (ii) If the deceased law enforcement officer has no surviving spouse, the parents of the deceased law enforcement officer, if any; or (iii) If the deceased law enforcement officer has no surviving parents and no surviving spouse, the adult children of the deceased law enforcement officer. (e) This section does not: (1) Prohibit a judge, jury, attorney, court personnel, or other persons necessary to a criminal, civil, or administrative proceeding involving the death of a law enforcement officer from viewing a record described in subdivision (b)(1) of this section; (2) Overturn, abrogate, or alter a court order that exists on March 20, 2017, that restricts, limits, or grants access to a record described in subdivision (b)(1) of this section; (3) (A) (i) Prohibit a law enforcement agency involved in an official investigation of a death of a law enforcement officer, including without limitation, the law enforcement agency by whom the deceased law enforcement officer was employed at the time of his or her death, the Division of Arkansas State Police, and the Federal Bureau of Investigation, from obtaining a record described in subdivision (b)(1) of this section for the purpose of conducting an official investigation pertaining to the death of a law enforcement officer. (ii) However, a record used during an official investigation under subdivision (e)(3)(A)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section. (B) (i) This section does not prohibit the law enforcement agency by whom the deceased law enforcement officer was employed from using a record described in subdivision (b)(1) of this section for law enforcement officer training or internal review. (ii) However, a record used for the purpose of law enforcement officer training or internal review under subdivision (e)(3)(B)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section. (C) (i) This section does not prohibit the use of a record described in subdivision (b)(1) of this section for law enforcement officer training conducted by an entity authorized to conduct law enforcement training, including without limitation: (a) The Black River Technical College Law Enforcement Training Academy; (b) The Criminal Justice Institute; (c) The Arkansas Law Enforcement Training Academy; or (d) Other law enforcement officer training programs. (ii) However, a record used for law enforcement officer training purposes under subdivision (e)(3)(C)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section; or (4) (A) Prohibit a prosecuting attorney, deputy prosecuting attorney, defense counsel pursuant to a motion of discovery, their staff, or attorneys involved in civil litigation involving the death of a law enforcement officer from accessing or copying a record described in subdivision (b)(1) of this section. (B) A record accessed or copied under subdivision (e)(4)(A) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section. Added by Act 2017, No. 531,§ 2, eff. 3/20/2017.

(a) As used in this section: (1) "Access a record" means to view a photograph or video recording or to listen to an audio recording; (2) "Custodian of the record" means a person identified by the governmental entity that possesses the record and is responsible for safeguarding and providing access to the record; (3) "Death of a law enforcement officer" means all acts or events that caused or otherwise relate to the death of a law enforcement officer who was acting in the course of his or her official duties, including any related acts or events immediately preceding or subsequent to the acts or events that caused or otherwise relate to the death; (4) "Family member" means a spouse, biological or adopted child, parent, or sibling of the deceased law enforcement officer; (5) "Law enforcement officer" means a person vested by law with a duty to maintain public order and to make arrests for offenses; (6) (A) "Notice" means that from all the facts and circumstances known to the person at the time, the person has reason to know that the facts and circumstances exist. (B) Notice may be communicated in person or through other means, including without limitation, by telephone, telegraph, teletype, telecopier, facsimile, or other form of wire or wireless communication, or by mail or private carrier; and (7) "Record" means a photograph, video recording, or audio recording, including any audio or video footage captured on a body-worn camera or a dashboard camera.

(1) "Access a record" means to view a photograph or video recording or to listen to an audio recording;

(2) "Custodian of the record" means a person identified by the governmental entity that possesses the record and is responsible for safeguarding and providing access to the record;

(3) "Death of a law enforcement officer" means all acts or events that caused or otherwise relate to the death of a law enforcement officer who was acting in the course of his or her official duties, including any related acts or events immediately preceding or subsequent to the acts or events that caused or otherwise relate to the death;

(4) "Family member" means a spouse, biological or adopted child, parent, or sibling of the deceased law enforcement officer;

(5) "Law enforcement officer" means a person vested by law with a duty to maintain public order and to make arrests for offenses;

(6) (A) "Notice" means that from all the facts and circumstances known to the person at the time, the person has reason to know that the facts and circumstances exist. (B) Notice may be communicated in person or through other means, including without limitation, by telephone, telegraph, teletype, telecopier, facsimile, or other form of wire or wireless communication, or by mail or private carrier; and

(A) "Notice" means that from all the facts and circumstances known to the person at the time, the person has reason to know that the facts and circumstances exist.

(B) Notice may be communicated in person or through other means, including without limitation, by telephone, telegraph, teletype, telecopier, facsimile, or other form of wire or wireless communication, or by mail or private carrier; and

(7) "Record" means a photograph, video recording, or audio recording, including any audio or video footage captured on a body-worn camera or a dashboard camera.

(b) (1) A record that depicts or records the death of a law enforcement officer is confidential and exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) (A) However, a family member of the deceased law enforcement officer may access a record described in subdivision (b)(1) of this section. (B) A minor child of a deceased law enforcement officer who is at least fourteen (14) years of age may access a record described in subdivision (b)(1) of this section if the parent or guardian of the child: (i) Provides written consent to the custodian of the record to permit the child to access a record; and (ii) Is present to provide supervision over the child as he or she accesses a record.

(1) A record that depicts or records the death of a law enforcement officer is confidential and exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(2) (A) However, a family member of the deceased law enforcement officer may access a record described in subdivision (b)(1) of this section. (B) A minor child of a deceased law enforcement officer who is at least fourteen (14) years of age may access a record described in subdivision (b)(1) of this section if the parent or guardian of the child: (i) Provides written consent to the custodian of the record to permit the child to access a record; and (ii) Is present to provide supervision over the child as he or she accesses a record.

(A) However, a family member of the deceased law enforcement officer may access a record described in subdivision (b)(1) of this section.

(B) A minor child of a deceased law enforcement officer who is at least fourteen (14) years of age may access a record described in subdivision (b)(1) of this section if the parent or guardian of the child: (i) Provides written consent to the custodian of the record to permit the child to access a record; and (ii) Is present to provide supervision over the child as he or she accesses a record.

(i) Provides written consent to the custodian of the record to permit the child to access a record; and

(ii) Is present to provide supervision over the child as he or she accesses a record.

(c) (1) The custodian of a record shall not permit a person not authorized under this section to copy, disseminate, reproduce, transmit, or access a record described in subdivision (b)(1) of this section. (2) The access to a record described in subdivision (b)(1) of this section or other handling of a record described in subdivision (b)(1) of this section shall be under the direct supervision of the custodian of the record. (3) A person or persons designated as the custodian of a record who knowingly violates this section upon conviction is guilty of a Class D felony.

(1) The custodian of a record shall not permit a person not authorized under this section to copy, disseminate, reproduce, transmit, or access a record described in subdivision (b)(1) of this section.

(2) The access to a record described in subdivision (b)(1) of this section or other handling of a record described in subdivision (b)(1) of this section shall be under the direct supervision of the custodian of the record.

(3) A person or persons designated as the custodian of a record who knowingly violates this section upon conviction is guilty of a Class D felony.

(d) (1) (A) A person or entity may petition a circuit court in the county where a record described in subdivision (b)(1) of this section is physically located in order to obtain access to the record. (B) At a hearing held on a petition filed with the circuit court under subdivision (d)(1)(A) of this section seeking access to a record described in subdivision (b)(1) of this section, any review of a record described in subdivision (b)(1) of this section shall be conducted in camera. (2) Upon a showing of good cause, a circuit court may issue an order authorizing a person or entity under subdivision (d)(1) of this section to access a record described in subdivision (b)(1) of this section and may prescribe restrictions or stipulations pertaining to the access of the record that the circuit court deems appropriate, including whether to allow for the copying or public disclosure of a record described in subdivision (b)(1) of this section. (3) In determining good cause under subdivision (d)(2) of this section, the circuit court shall consider the following factors, along with other factors that the circuit court may deem relevant: (A) Whether access to the record described in subdivision (b)(1) of this section is necessary for the public evaluation of a law enforcement officer's conduct during the performance of his or her official duties; (B) Whether there is a compelling public interest in the disclosure of the record; (C) The seriousness of the intrusion into the privacy of the deceased law enforcement officer's family members; and (D) The availability of similar information in other forms. (4) (A) A custodian of a record described in subdivision (b)(1) of this section shall be given notice of: (i) A petition filed with a circuit court to access a record described in subdivision (b)(1) of this section; and (ii) The opportunity to be present and heard at any hearing on the matter. (B) In addition to custodian notification under subdivision (d)(4)(A) of this section, the following people shall be provided notice described in subdivisions (d)(4)(A)(i) and (ii) of this section: (i) The surviving spouse of the deceased law enforcement officer, if any; (ii) If the deceased law enforcement officer has no surviving spouse, the parents of the deceased law enforcement officer, if any; or (iii) If the deceased law enforcement officer has no surviving parents and no surviving spouse, the adult children of the deceased law enforcement officer.

(1) (A) A person or entity may petition a circuit court in the county where a record described in subdivision (b)(1) of this section is physically located in order to obtain access to the record. (B) At a hearing held on a petition filed with the circuit court under subdivision (d)(1)(A) of this section seeking access to a record described in subdivision (b)(1) of this section, any review of a record described in subdivision (b)(1) of this section shall be conducted in camera.

(A) A person or entity may petition a circuit court in the county where a record described in subdivision (b)(1) of this section is physically located in order to obtain access to the record.

(B) At a hearing held on a petition filed with the circuit court under subdivision (d)(1)(A) of this section seeking access to a record described in subdivision (b)(1) of this section, any review of a record described in subdivision (b)(1) of this section shall be conducted in camera.

(2) Upon a showing of good cause, a circuit court may issue an order authorizing a person or entity under subdivision (d)(1) of this section to access a record described in subdivision (b)(1) of this section and may prescribe restrictions or stipulations pertaining to the access of the record that the circuit court deems appropriate, including whether to allow for the copying or public disclosure of a record described in subdivision (b)(1) of this section.

(3) In determining good cause under subdivision (d)(2) of this section, the circuit court shall consider the following factors, along with other factors that the circuit court may deem relevant: (A) Whether access to the record described in subdivision (b)(1) of this section is necessary for the public evaluation of a law enforcement officer's conduct during the performance of his or her official duties; (B) Whether there is a compelling public interest in the disclosure of the record; (C) The seriousness of the intrusion into the privacy of the deceased law enforcement officer's family members; and (D) The availability of similar information in other forms.

(A) Whether access to the record described in subdivision (b)(1) of this section is necessary for the public evaluation of a law enforcement officer's conduct during the performance of his or her official duties;

(B) Whether there is a compelling public interest in the disclosure of the record;

(C) The seriousness of the intrusion into the privacy of the deceased law enforcement officer's family members; and

(D) The availability of similar information in other forms.

(4) (A) A custodian of a record described in subdivision (b)(1) of this section shall be given notice of: (i) A petition filed with a circuit court to access a record described in subdivision (b)(1) of this section; and (ii) The opportunity to be present and heard at any hearing on the matter. (B) In addition to custodian notification under subdivision (d)(4)(A) of this section, the following people shall be provided notice described in subdivisions (d)(4)(A)(i) and (ii) of this section: (i) The surviving spouse of the deceased law enforcement officer, if any; (ii) If the deceased law enforcement officer has no surviving spouse, the parents of the deceased law enforcement officer, if any; or (iii) If the deceased law enforcement officer has no surviving parents and no surviving spouse, the adult children of the deceased law enforcement officer.

(A) A custodian of a record described in subdivision (b)(1) of this section shall be given notice of: (i) A petition filed with a circuit court to access a record described in subdivision (b)(1) of this section; and (ii) The opportunity to be present and heard at any hearing on the matter.

(i) A petition filed with a circuit court to access a record described in subdivision (b)(1) of this section; and

(ii) The opportunity to be present and heard at any hearing on the matter.

(B) In addition to custodian notification under subdivision (d)(4)(A) of this section, the following people shall be provided notice described in subdivisions (d)(4)(A)(i) and (ii) of this section: (i) The surviving spouse of the deceased law enforcement officer, if any; (ii) If the deceased law enforcement officer has no surviving spouse, the parents of the deceased law enforcement officer, if any; or (iii) If the deceased law enforcement officer has no surviving parents and no surviving spouse, the adult children of the deceased law enforcement officer.

(i) The surviving spouse of the deceased law enforcement officer, if any;

(ii) If the deceased law enforcement officer has no surviving spouse, the parents of the deceased law enforcement officer, if any; or

(iii) If the deceased law enforcement officer has no surviving parents and no surviving spouse, the adult children of the deceased law enforcement officer.

(e) This section does not: (1) Prohibit a judge, jury, attorney, court personnel, or other persons necessary to a criminal, civil, or administrative proceeding involving the death of a law enforcement officer from viewing a record described in subdivision (b)(1) of this section; (2) Overturn, abrogate, or alter a court order that exists on March 20, 2017, that restricts, limits, or grants access to a record described in subdivision (b)(1) of this section; (3) (A) (i) Prohibit a law enforcement agency involved in an official investigation of a death of a law enforcement officer, including without limitation, the law enforcement agency by whom the deceased law enforcement officer was employed at the time of his or her death, the Division of Arkansas State Police, and the Federal Bureau of Investigation, from obtaining a record described in subdivision (b)(1) of this section for the purpose of conducting an official investigation pertaining to the death of a law enforcement officer. (ii) However, a record used during an official investigation under subdivision (e)(3)(A)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section. (B) (i) This section does not prohibit the law enforcement agency by whom the deceased law enforcement officer was employed from using a record described in subdivision (b)(1) of this section for law enforcement officer training or internal review. (ii) However, a record used for the purpose of law enforcement officer training or internal review under subdivision (e)(3)(B)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section. (C) (i) This section does not prohibit the use of a record described in subdivision (b)(1) of this section for law enforcement officer training conducted by an entity authorized to conduct law enforcement training, including without limitation: (a) The Black River Technical College Law Enforcement Training Academy; (b) The Criminal Justice Institute; (c) The Arkansas Law Enforcement Training Academy; or (d) Other law enforcement officer training programs. (ii) However, a record used for law enforcement officer training purposes under subdivision (e)(3)(C)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section; or (4) (A) Prohibit a prosecuting attorney, deputy prosecuting attorney, defense counsel pursuant to a motion of discovery, their staff, or attorneys involved in civil litigation involving the death of a law enforcement officer from accessing or copying a record described in subdivision (b)(1) of this section. (B) A record accessed or copied under subdivision (e)(4)(A) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.

(1) Prohibit a judge, jury, attorney, court personnel, or other persons necessary to a criminal, civil, or administrative proceeding involving the death of a law enforcement officer from viewing a record described in subdivision (b)(1) of this section;

(2) Overturn, abrogate, or alter a court order that exists on March 20, 2017, that restricts, limits, or grants access to a record described in subdivision (b)(1) of this section;

(3) (A) (i) Prohibit a law enforcement agency involved in an official investigation of a death of a law enforcement officer, including without limitation, the law enforcement agency by whom the deceased law enforcement officer was employed at the time of his or her death, the Division of Arkansas State Police, and the Federal Bureau of Investigation, from obtaining a record described in subdivision (b)(1) of this section for the purpose of conducting an official investigation pertaining to the death of a law enforcement officer. (ii) However, a record used during an official investigation under subdivision (e)(3)(A)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section. (B) (i) This section does not prohibit the law enforcement agency by whom the deceased law enforcement officer was employed from using a record described in subdivision (b)(1) of this section for law enforcement officer training or internal review. (ii) However, a record used for the purpose of law enforcement officer training or internal review under subdivision (e)(3)(B)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section. (C) (i) This section does not prohibit the use of a record described in subdivision (b)(1) of this section for law enforcement officer training conducted by an entity authorized to conduct law enforcement training, including without limitation: (a) The Black River Technical College Law Enforcement Training Academy; (b) The Criminal Justice Institute; (c) The Arkansas Law Enforcement Training Academy; or (d) Other law enforcement officer training programs. (ii) However, a record used for law enforcement officer training purposes under subdivision (e)(3)(C)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section; or

(A) (i) Prohibit a law enforcement agency involved in an official investigation of a death of a law enforcement officer, including without limitation, the law enforcement agency by whom the deceased law enforcement officer was employed at the time of his or her death, the Division of Arkansas State Police, and the Federal Bureau of Investigation, from obtaining a record described in subdivision (b)(1) of this section for the purpose of conducting an official investigation pertaining to the death of a law enforcement officer. (ii) However, a record used during an official investigation under subdivision (e)(3)(A)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.

(i) Prohibit a law enforcement agency involved in an official investigation of a death of a law enforcement officer, including without limitation, the law enforcement agency by whom the deceased law enforcement officer was employed at the time of his or her death, the Division of Arkansas State Police, and the Federal Bureau of Investigation, from obtaining a record described in subdivision (b)(1) of this section for the purpose of conducting an official investigation pertaining to the death of a law enforcement officer.

(ii) However, a record used during an official investigation under subdivision (e)(3)(A)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.

(B) (i) This section does not prohibit the law enforcement agency by whom the deceased law enforcement officer was employed from using a record described in subdivision (b)(1) of this section for law enforcement officer training or internal review. (ii) However, a record used for the purpose of law enforcement officer training or internal review under subdivision (e)(3)(B)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.

(i) This section does not prohibit the law enforcement agency by whom the deceased law enforcement officer was employed from using a record described in subdivision (b)(1) of this section for law enforcement officer training or internal review.

(ii) However, a record used for the purpose of law enforcement officer training or internal review under subdivision (e)(3)(B)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.

(C) (i) This section does not prohibit the use of a record described in subdivision (b)(1) of this section for law enforcement officer training conducted by an entity authorized to conduct law enforcement training, including without limitation: (a) The Black River Technical College Law Enforcement Training Academy; (b) The Criminal Justice Institute; (c) The Arkansas Law Enforcement Training Academy; or (d) Other law enforcement officer training programs. (ii) However, a record used for law enforcement officer training purposes under subdivision (e)(3)(C)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section; or

(i) This section does not prohibit the use of a record described in subdivision (b)(1) of this section for law enforcement officer training conducted by an entity authorized to conduct law enforcement training, including without limitation: (a) The Black River Technical College Law Enforcement Training Academy; (b) The Criminal Justice Institute; (c) The Arkansas Law Enforcement Training Academy; or (d) Other law enforcement officer training programs.

(a) The Black River Technical College Law Enforcement Training Academy;

(b) The Criminal Justice Institute;

(c) The Arkansas Law Enforcement Training Academy; or

(d) Other law enforcement officer training programs.

(ii) However, a record used for law enforcement officer training purposes under subdivision (e)(3)(C)(i) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section; or

(4) (A) Prohibit a prosecuting attorney, deputy prosecuting attorney, defense counsel pursuant to a motion of discovery, their staff, or attorneys involved in civil litigation involving the death of a law enforcement officer from accessing or copying a record described in subdivision (b)(1) of this section. (B) A record accessed or copied under subdivision (e)(4)(A) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.

(A) Prohibit a prosecuting attorney, deputy prosecuting attorney, defense counsel pursuant to a motion of discovery, their staff, or attorneys involved in civil litigation involving the death of a law enforcement officer from accessing or copying a record described in subdivision (b)(1) of this section.

(B) A record accessed or copied under subdivision (e)(4)(A) of this section shall not be reproduced, transmitted, or disseminated for any purpose not authorized under this section.

Added by Act 2017, No. 531,§ 2, eff. 3/20/2017.
Ark. Code Ann. § 12-12-1606 — AR Code / Title 12 / Chapter 12 / Subchapter 16 / Section 12-12-1606
Request for criminal background check
Status: in_force

(a) (1) Any volunteer organization registered to obtain criminal background check information from the Arkansas Crime Information Center or the Federal Bureau of Investigation concerning volunteers may apply to the Identification Bureau of the Department of Arkansas State Police for the purpose of obtaining criminal history information regarding any individual currently acting as a volunteer with the volunteer organization or desiring to act as a volunteer with the volunteer organization. (2) The request form submitted by the volunteer organization shall include: (A) The name of the volunteer organization; (B) The identifying information of the individual for whom the background check is sought; and (C) A signed authorization form executed by the volunteer authorizing the Identification Bureau of the Department of Arkansas State Police to release criminal history information. (b) The request form shall be subject to inspection by the Department of Arkansas State Police. (c) The volunteer organization shall retain a copy of the criminal background check request for a period of at least three (3) years from the date of the request. Acts 2005, No. 1778, § 1.

(a) (1) Any volunteer organization registered to obtain criminal background check information from the Arkansas Crime Information Center or the Federal Bureau of Investigation concerning volunteers may apply to the Identification Bureau of the Department of Arkansas State Police for the purpose of obtaining criminal history information regarding any individual currently acting as a volunteer with the volunteer organization or desiring to act as a volunteer with the volunteer organization. (2) The request form submitted by the volunteer organization shall include: (A) The name of the volunteer organization; (B) The identifying information of the individual for whom the background check is sought; and (C) A signed authorization form executed by the volunteer authorizing the Identification Bureau of the Department of Arkansas State Police to release criminal history information.

(1) Any volunteer organization registered to obtain criminal background check information from the Arkansas Crime Information Center or the Federal Bureau of Investigation concerning volunteers may apply to the Identification Bureau of the Department of Arkansas State Police for the purpose of obtaining criminal history information regarding any individual currently acting as a volunteer with the volunteer organization or desiring to act as a volunteer with the volunteer organization.

(2) The request form submitted by the volunteer organization shall include: (A) The name of the volunteer organization; (B) The identifying information of the individual for whom the background check is sought; and (C) A signed authorization form executed by the volunteer authorizing the Identification Bureau of the Department of Arkansas State Police to release criminal history information.

(A) The name of the volunteer organization;

(B) The identifying information of the individual for whom the background check is sought; and

(C) A signed authorization form executed by the volunteer authorizing the Identification Bureau of the Department of Arkansas State Police to release criminal history information.

(b) The request form shall be subject to inspection by the Department of Arkansas State Police.

(c) The volunteer organization shall retain a copy of the criminal background check request for a period of at least three (3) years from the date of the request.

Acts 2005, No. 1778, § 1.
Ark. Code Ann. § 12-41-201 — AR Code / Title 12 / Chapter 41 / Subchapter 2 / Section 12-41-201
Definitions
Status: in_force

As used in this subchapter: (1) "Law" means a statute of a state, a written opinion of a court of record, a municipal ordinance, a county quorum court ordinance, or a rule authorized by and lawfully adopted pursuant to a statute; and (2) "Municipality" means an incorporated city or town. Acts 1981, No. 696, § 1; A.S.A. 1947, § 46-1601.

As used in this subchapter:

(1) "Law" means a statute of a state, a written opinion of a court of record, a municipal ordinance, a county quorum court ordinance, or a rule authorized by and lawfully adopted pursuant to a statute; and

(2) "Municipality" means an incorporated city or town.

Acts 1981, No. 696, § 1; A.S.A. 1947, § 46-1601.
Ark. Code Ann. § 12-8-606 — AR Code / Title 12 / Chapter 8 / Subchapter 5-d-1 / Section 12-8-606
Use of pledged revenues
Status: in_force

(a) (1) The debt service payments and other costs relating to a headquarters facility or communication and information technology equipment shall be secured by a lien on and pledge of the pledged revenues. (2) To the extent that pledged revenues are not required to make debt service payments, the pledged revenues shall be released to the Division of Arkansas State Police to provide operating funds as described in this section. (b) (1) All pledged revenues are cash funds restricted in their use and dedicated and to be used solely as provided in this subchapter. (2) When pledged revenues are received by the Commissioner of Motor Vehicles, the Office of Motor Vehicle, the Division of Arkansas State Police, the Arkansas State Police Commission, the Department of Finance and Administration, or any other state agency, the pledged revenues shall be deposited as cash funds into a bank selected by the Division of Arkansas State Police to the credit of the Division of Arkansas State Police Financing Fund. (c) (1) On the date that the Arkansas Development Finance Authority issues bonds under this subchapter and the Arkansas Development Finance Authority Act, § 15-5-101 et seq., §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 , any revenues in the Division of Arkansas State Police Financing Fund shall be pledged revenues. (2) Debt service payments shall be paid from the Division of Arkansas State Police Financing Fund as stated in the financing documents. (3) (A) If all debt service payments have been properly made on the last day of each fiscal quarter, the pledged revenues remaining in the Division of Arkansas State Police Financing Fund shall be withdrawn from the Division of Arkansas State Police Financing Fund and deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund. (B) However, if any debt service payments remain to be paid under this subchapter, all moneys in the Division of Arkansas State Police Financing Fund shall continue to be pledged to the debt service payments and other costs in connection with the bonds and the maintenance of reserves, notwithstanding the right of the Division of Arkansas State Police to withdraw funds on the last day of each fiscal quarter if debt service payments are current. (d) If any debt service payments remain to be made, the General Assembly may modify or change the pledged revenues only if there are always maintained in effect and made available for the payment of debt service payments sources of revenue comparable in amount and time of receipt that produce revenues sufficient to provide for and secure debt service payments when due. Amended by Act 2019, No. 910,§ 5807, eff. 7/1/2019. Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.

(a) (1) The debt service payments and other costs relating to a headquarters facility or communication and information technology equipment shall be secured by a lien on and pledge of the pledged revenues. (2) To the extent that pledged revenues are not required to make debt service payments, the pledged revenues shall be released to the Division of Arkansas State Police to provide operating funds as described in this section.

(1) The debt service payments and other costs relating to a headquarters facility or communication and information technology equipment shall be secured by a lien on and pledge of the pledged revenues.

(2) To the extent that pledged revenues are not required to make debt service payments, the pledged revenues shall be released to the Division of Arkansas State Police to provide operating funds as described in this section.

(b) (1) All pledged revenues are cash funds restricted in their use and dedicated and to be used solely as provided in this subchapter. (2) When pledged revenues are received by the Commissioner of Motor Vehicles, the Office of Motor Vehicle, the Division of Arkansas State Police, the Arkansas State Police Commission, the Department of Finance and Administration, or any other state agency, the pledged revenues shall be deposited as cash funds into a bank selected by the Division of Arkansas State Police to the credit of the Division of Arkansas State Police Financing Fund.

(1) All pledged revenues are cash funds restricted in their use and dedicated and to be used solely as provided in this subchapter.

(2) When pledged revenues are received by the Commissioner of Motor Vehicles, the Office of Motor Vehicle, the Division of Arkansas State Police, the Arkansas State Police Commission, the Department of Finance and Administration, or any other state agency, the pledged revenues shall be deposited as cash funds into a bank selected by the Division of Arkansas State Police to the credit of the Division of Arkansas State Police Financing Fund.

(c) (1) On the date that the Arkansas Development Finance Authority issues bonds under this subchapter and the Arkansas Development Finance Authority Act, § 15-5-101 et seq., §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 , any revenues in the Division of Arkansas State Police Financing Fund shall be pledged revenues. (2) Debt service payments shall be paid from the Division of Arkansas State Police Financing Fund as stated in the financing documents. (3) (A) If all debt service payments have been properly made on the last day of each fiscal quarter, the pledged revenues remaining in the Division of Arkansas State Police Financing Fund shall be withdrawn from the Division of Arkansas State Police Financing Fund and deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund. (B) However, if any debt service payments remain to be paid under this subchapter, all moneys in the Division of Arkansas State Police Financing Fund shall continue to be pledged to the debt service payments and other costs in connection with the bonds and the maintenance of reserves, notwithstanding the right of the Division of Arkansas State Police to withdraw funds on the last day of each fiscal quarter if debt service payments are current.

(1) On the date that the Arkansas Development Finance Authority issues bonds under this subchapter and the Arkansas Development Finance Authority Act, § 15-5-101 et seq., §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 , any revenues in the Division of Arkansas State Police Financing Fund shall be pledged revenues.

(2) Debt service payments shall be paid from the Division of Arkansas State Police Financing Fund as stated in the financing documents.

(3) (A) If all debt service payments have been properly made on the last day of each fiscal quarter, the pledged revenues remaining in the Division of Arkansas State Police Financing Fund shall be withdrawn from the Division of Arkansas State Police Financing Fund and deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund. (B) However, if any debt service payments remain to be paid under this subchapter, all moneys in the Division of Arkansas State Police Financing Fund shall continue to be pledged to the debt service payments and other costs in connection with the bonds and the maintenance of reserves, notwithstanding the right of the Division of Arkansas State Police to withdraw funds on the last day of each fiscal quarter if debt service payments are current.

(A) If all debt service payments have been properly made on the last day of each fiscal quarter, the pledged revenues remaining in the Division of Arkansas State Police Financing Fund shall be withdrawn from the Division of Arkansas State Police Financing Fund and deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.

(B) However, if any debt service payments remain to be paid under this subchapter, all moneys in the Division of Arkansas State Police Financing Fund shall continue to be pledged to the debt service payments and other costs in connection with the bonds and the maintenance of reserves, notwithstanding the right of the Division of Arkansas State Police to withdraw funds on the last day of each fiscal quarter if debt service payments are current.

(d) If any debt service payments remain to be made, the General Assembly may modify or change the pledged revenues only if there are always maintained in effect and made available for the payment of debt service payments sources of revenue comparable in amount and time of receipt that produce revenues sufficient to provide for and secure debt service payments when due.

Amended by Act 2019, No. 910,§ 5807, eff. 7/1/2019.

Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.
Ark. Code Ann. § 12-75-122 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-122
Political activity prohibited
Status: in_force

An emergency management organization established under the authority of this chapter shall not: (1) Participate in any form of political activity; or (2) Be employed directly or indirectly for political purposes. Acts 1973, No. 511, § 20; A.S.A. 1947, § 11-1953; Acts 2009, No. 165, § 45.

An emergency management organization established under the authority of this chapter shall not:

(1) Participate in any form of political activity; or

(2) Be employed directly or indirectly for political purposes.

Acts 1973, No. 511, § 20; A.S.A. 1947, § 11-1953; Acts 2009, No. 165, § 45.
Ark. Code Ann. § 12-28-702 — AR Code / Title 12 / Chapter 28 / Subchapter 7 / Section 12-28-702
Legislative findings and determinations
Status: in_force

The General Assembly finds that: (1) The cost of incarcerating the expanding number of offenders in conventional penitentiaries is skyrocketing, bringing added fiscal pressures on the state; (2) Some inmates may be effectively punished in a more affordable manner through the exposure to severe, military-like conditions; and (3) The Division of Correction should be given the authority to establish boot camps which will provide a more affordable means of punishing certain inmates who are designated as eligible for this alternative punishment by the division. Amended by Act 2019, No. 910,§ 784, eff. 7/1/2019. Acts 1989, No. 492, § 2.

The General Assembly finds that:

(1) The cost of incarcerating the expanding number of offenders in conventional penitentiaries is skyrocketing, bringing added fiscal pressures on the state;

(2) Some inmates may be effectively punished in a more affordable manner through the exposure to severe, military-like conditions; and

(3) The Division of Correction should be given the authority to establish boot camps which will provide a more affordable means of punishing certain inmates who are designated as eligible for this alternative punishment by the division.

Amended by Act 2019, No. 910,§ 784, eff. 7/1/2019.

Acts 1989, No. 492, § 2.
Ark. Code Ann. § 12-12-1008 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1008
Dissemination for criminal justice purposes
Status: in_force

(a) Pending information, conviction information, and nonconviction information available through the Arkansas Crime Information Center, plus information obtained through the Interstate Identification Index or from another state's record system and juvenile aftercare and custody information, shall be disseminated to criminal justice agencies and officials for the administration of criminal justice. (b) A criminal justice agency shall query the center to obtain the latest updated information prior to disseminating criminal history information, unless the criminal justice agency knows that the center does not maintain the criminal history information or is incapable of responding within the necessary time period. (c) If a criminal justice agency disseminates criminal history information received from the center to another criminal justice agency, the disseminating criminal justice agency shall maintain for at least one (1) year a dissemination log recording the identity of the record subject, the agencies or persons to whom the criminal history information was disseminated, and the date it was provided. (d) A sealed record shall be made available to criminal justice agencies for criminal justice purposes as other laws permit. (e) A DNA sample or DNA record obtained under this subchapter shall be disseminated only to criminal justice agencies and criminal justice officials for the administration of criminal justice. Amended by Act 2013, No. 1460,§ 4, eff. 1/1/2014. Acts 1993, No. 1109, § 7; 2001, No. 1048, § 3; 2009, No. 974, § 7.

(a) Pending information, conviction information, and nonconviction information available through the Arkansas Crime Information Center, plus information obtained through the Interstate Identification Index or from another state's record system and juvenile aftercare and custody information, shall be disseminated to criminal justice agencies and officials for the administration of criminal justice.

(b) A criminal justice agency shall query the center to obtain the latest updated information prior to disseminating criminal history information, unless the criminal justice agency knows that the center does not maintain the criminal history information or is incapable of responding within the necessary time period.

(c) If a criminal justice agency disseminates criminal history information received from the center to another criminal justice agency, the disseminating criminal justice agency shall maintain for at least one (1) year a dissemination log recording the identity of the record subject, the agencies or persons to whom the criminal history information was disseminated, and the date it was provided.

(d) A sealed record shall be made available to criminal justice agencies for criminal justice purposes as other laws permit.

(e) A DNA sample or DNA record obtained under this subchapter shall be disseminated only to criminal justice agencies and criminal justice officials for the administration of criminal justice.

Amended by Act 2013, No. 1460,§ 4, eff. 1/1/2014.

Acts 1993, No. 1109, § 7; 2001, No. 1048, § 3; 2009, No. 974, § 7.
Ark. Code Ann. § 12-18-1105 — AR Code / Title 12 / Chapter 18 / Subchapter 11 / Section 12-18-1105
Procedure if the investigation is pending related to a near fatality
Status: in_force

Upon request, the Department of Human Services shall release the following information to the general public when an investigation is pending on a report of a near fatality of a child to the Child Abuse Hotline: (1) Age, race, and gender of the child; (2) Date of the near fatality; (3) Allegations or preliminary cause of the near fatality; (4) County and type of placement of the child at the time of the near fatality; (5) Generic relationship of the alleged offender to the child; (6) Agency conducting the investigation; (7) Legal action taken by the department; and (8) Services offered or provided by the department presently and in the past. Amended by Act 2013, No. 1181,§ 7, eff. 8/16/2013. Acts 2009, No. 675, § 1.

Upon request, the Department of Human Services shall release the following information to the general public when an investigation is pending on a report of a near fatality of a child to the Child Abuse Hotline:

(1) Age, race, and gender of the child;

(2) Date of the near fatality;

(3) Allegations or preliminary cause of the near fatality;

(4) County and type of placement of the child at the time of the near fatality;

(5) Generic relationship of the alleged offender to the child;

(6) Agency conducting the investigation;

(7) Legal action taken by the department; and

(8) Services offered or provided by the department presently and in the past.

Amended by Act 2013, No. 1181,§ 7, eff. 8/16/2013.

Acts 2009, No. 675, § 1.
Ark. Code Ann. § 12-12-1105 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1105
State DNA Data Base
Status: in_force

(a) (1) There is established the State DNA Data Base. (2) The State Crime Laboratory shall administer the data base and provide DNA records to the Federal Bureau of Investigation for storage and maintenance in CODIS. (b) The data base shall have the capability provided by computer software and procedures administered by the laboratory to store and maintain DNA records related to: (1) Crime scene evidence and forensic casework; (2) Convicted offenders and juveniles adjudicated delinquent who are required to provide a DNA sample under this subchapter; (3) Offenders who were required to provide a DNA sample under former § 12-12-1101 et seq.; (4) Anonymous DNA records used for forensic validation, quality control, or establishment of a population statistics database; (5) Unidentified persons or body parts; (6) Missing persons and biological relatives of missing persons; (7) Persons arrested for a felony offense who are required to provide a DNA sample under § 12-12-1006 ; and (8) Juveniles adjudicated delinquent who are required to provide a DNA sample under § 9-27-357 . Amended by Act 2015, No. 1084,§ 2, eff. 7/22/2015. Acts 1997, No. 737, § 5; 2003, No. 1470, § 3; 2009, No. 974, § 11.

(a) (1) There is established the State DNA Data Base. (2) The State Crime Laboratory shall administer the data base and provide DNA records to the Federal Bureau of Investigation for storage and maintenance in CODIS.

(1) There is established the State DNA Data Base.

(2) The State Crime Laboratory shall administer the data base and provide DNA records to the Federal Bureau of Investigation for storage and maintenance in CODIS.

(b) The data base shall have the capability provided by computer software and procedures administered by the laboratory to store and maintain DNA records related to: (1) Crime scene evidence and forensic casework; (2) Convicted offenders and juveniles adjudicated delinquent who are required to provide a DNA sample under this subchapter; (3) Offenders who were required to provide a DNA sample under former § 12-12-1101 et seq.; (4) Anonymous DNA records used for forensic validation, quality control, or establishment of a population statistics database; (5) Unidentified persons or body parts; (6) Missing persons and biological relatives of missing persons; (7) Persons arrested for a felony offense who are required to provide a DNA sample under § 12-12-1006 ; and (8) Juveniles adjudicated delinquent who are required to provide a DNA sample under § 9-27-357 .

(1) Crime scene evidence and forensic casework;

(2) Convicted offenders and juveniles adjudicated delinquent who are required to provide a DNA sample under this subchapter;

(3) Offenders who were required to provide a DNA sample under former § 12-12-1101 et seq.;

(4) Anonymous DNA records used for forensic validation, quality control, or establishment of a population statistics database;

(5) Unidentified persons or body parts;

(6) Missing persons and biological relatives of missing persons;

(7) Persons arrested for a felony offense who are required to provide a DNA sample under § 12-12-1006 ; and

(8) Juveniles adjudicated delinquent who are required to provide a DNA sample under § 9-27-357 .

Amended by Act 2015, No. 1084,§ 2, eff. 7/22/2015.

Acts 1997, No. 737, § 5; 2003, No. 1470, § 3; 2009, No. 974, § 11.
Ark. Code Ann. § 12-12-215 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-215
Registry of orders of protection
Status: in_force

(a) In addition to other duties as provided, the Arkansas Crime Information Center shall maintain a registry of all orders of protection and temporary orders of protection issued by a court of this state or registered in this state. (b) (1) Upon receipt of an authorized order of protection, temporary order of protection, or any modification or cancellation of such orders, a court clerk shall immediately forward a copy to the county sheriff of the county for service. (2) The county sheriff shall immediately enter or cause to be entered such orders and any subsequent modifications or cancellations into the center system. (3) If the county sheriff does not have a center terminal and entries are made by another agency that does have a center terminal, that agency shall make such entries immediately upon receipt of information from the county sheriff. (4) Only orders which are consistent with § 9-15-302(b) may be entered into the center system. (c) Information contained in the registry shall be determined by the Supervisory Board for the Arkansas Crime Information Center. Orders of protection and temporary orders of protection required to be entered into the center system shall include, at a minimum, the full name and date of birth of the subject of the order for proper identification. (d) Information contained in the registry shall be deemed confidential and shall be available at all times only to courts, law enforcement, and prosecuting attorneys. Acts 1995, No. 995, § 1.

(a) In addition to other duties as provided, the Arkansas Crime Information Center shall maintain a registry of all orders of protection and temporary orders of protection issued by a court of this state or registered in this state.

(b) (1) Upon receipt of an authorized order of protection, temporary order of protection, or any modification or cancellation of such orders, a court clerk shall immediately forward a copy to the county sheriff of the county for service. (2) The county sheriff shall immediately enter or cause to be entered such orders and any subsequent modifications or cancellations into the center system. (3) If the county sheriff does not have a center terminal and entries are made by another agency that does have a center terminal, that agency shall make such entries immediately upon receipt of information from the county sheriff. (4) Only orders which are consistent with § 9-15-302(b) may be entered into the center system.

(1) Upon receipt of an authorized order of protection, temporary order of protection, or any modification or cancellation of such orders, a court clerk shall immediately forward a copy to the county sheriff of the county for service.

(2) The county sheriff shall immediately enter or cause to be entered such orders and any subsequent modifications or cancellations into the center system.

(3) If the county sheriff does not have a center terminal and entries are made by another agency that does have a center terminal, that agency shall make such entries immediately upon receipt of information from the county sheriff.

(4) Only orders which are consistent with § 9-15-302(b) may be entered into the center system.

(c) Information contained in the registry shall be determined by the Supervisory Board for the Arkansas Crime Information Center. Orders of protection and temporary orders of protection required to be entered into the center system shall include, at a minimum, the full name and date of birth of the subject of the order for proper identification.

(d) Information contained in the registry shall be deemed confidential and shall be available at all times only to courts, law enforcement, and prosecuting attorneys.

Acts 1995, No. 995, § 1.
Ark. Code Ann. § 12-50-105 — AR Code / Title 12 / Chapter 50 / Section 12-50-105
Regional correctional commissions
Status: in_force

(a) Political subdivisions may individually, or in combination with each other, contract with the state through the Division of Correction or with prison contractors for the financing, acquisition, construction, and operation of facilities for the housing of inmates. (b) (1) In the event two (2) or more counties jointly enter into an agreement with the state or with a prison contractor, they shall form a regional corrections commission, which shall be composed of the county judge of each county or his or her or her designee. (2) In the case of a commission having an even number of parties, the appointed representatives of the parties to the commission shall select an additional person, who is acceptable to all representatives to the commission, to serve on the commission. (3) The members of the commission shall serve terms of three (3) years' duration, shall be eligible for reappointment, and may be removed only for cause by the quorum court of the county which they represent. (4) In the event of a vacancy other than by expiration of term, the vacancy shall be filled by the governing body of the county of the representative unable to complete his or her term. (c) (1) In the event that any city or town, with or without one (1) or more counties, enters into an agreement with the state or with a prison contractor, the chief executive officer of each city or town or his or her designee shall serve on the commission. (2) In the case of a commission having an even number of parties, the appointed representatives of the parties to the commission shall select an additional person, who is acceptable to all other members of the commission, to serve on the commission. (3) The members of the commission shall serve terms of three (3) years' duration, shall be eligible for reappointment, and may be removed only for cause by the governing body of the city or town which they represent. (4) In the event of a vacancy other than by expiration of term, the vacancy shall be filled by the governing body of the political subdivision of the representative unable to complete his or her term. (d) In any contract for correctional services entered into pursuant to this chapter by a regional corrections commission, the commission members shall submit to the governing body of each political subdivision for approval the following contract terms: (1) The fee to be paid by each political subdivision; (2) The minimum financial guarantees of each political subdivision; and (3) The method of billing. Amended by Act 2019, No. 910,§ 840, eff. 7/1/2019. Acts 1987, No. 427, § 4.

(a) Political subdivisions may individually, or in combination with each other, contract with the state through the Division of Correction or with prison contractors for the financing, acquisition, construction, and operation of facilities for the housing of inmates.

(b) (1) In the event two (2) or more counties jointly enter into an agreement with the state or with a prison contractor, they shall form a regional corrections commission, which shall be composed of the county judge of each county or his or her or her designee. (2) In the case of a commission having an even number of parties, the appointed representatives of the parties to the commission shall select an additional person, who is acceptable to all representatives to the commission, to serve on the commission. (3) The members of the commission shall serve terms of three (3) years' duration, shall be eligible for reappointment, and may be removed only for cause by the quorum court of the county which they represent. (4) In the event of a vacancy other than by expiration of term, the vacancy shall be filled by the governing body of the county of the representative unable to complete his or her term.

(1) In the event two (2) or more counties jointly enter into an agreement with the state or with a prison contractor, they shall form a regional corrections commission, which shall be composed of the county judge of each county or his or her or her designee.

(2) In the case of a commission having an even number of parties, the appointed representatives of the parties to the commission shall select an additional person, who is acceptable to all representatives to the commission, to serve on the commission.

(3) The members of the commission shall serve terms of three (3) years' duration, shall be eligible for reappointment, and may be removed only for cause by the quorum court of the county which they represent.

(4) In the event of a vacancy other than by expiration of term, the vacancy shall be filled by the governing body of the county of the representative unable to complete his or her term.

(c) (1) In the event that any city or town, with or without one (1) or more counties, enters into an agreement with the state or with a prison contractor, the chief executive officer of each city or town or his or her designee shall serve on the commission. (2) In the case of a commission having an even number of parties, the appointed representatives of the parties to the commission shall select an additional person, who is acceptable to all other members of the commission, to serve on the commission. (3) The members of the commission shall serve terms of three (3) years' duration, shall be eligible for reappointment, and may be removed only for cause by the governing body of the city or town which they represent. (4) In the event of a vacancy other than by expiration of term, the vacancy shall be filled by the governing body of the political subdivision of the representative unable to complete his or her term.

(1) In the event that any city or town, with or without one (1) or more counties, enters into an agreement with the state or with a prison contractor, the chief executive officer of each city or town or his or her designee shall serve on the commission.

(2) In the case of a commission having an even number of parties, the appointed representatives of the parties to the commission shall select an additional person, who is acceptable to all other members of the commission, to serve on the commission.

(3) The members of the commission shall serve terms of three (3) years' duration, shall be eligible for reappointment, and may be removed only for cause by the governing body of the city or town which they represent.

(4) In the event of a vacancy other than by expiration of term, the vacancy shall be filled by the governing body of the political subdivision of the representative unable to complete his or her term.

(d) In any contract for correctional services entered into pursuant to this chapter by a regional corrections commission, the commission members shall submit to the governing body of each political subdivision for approval the following contract terms: (1) The fee to be paid by each political subdivision; (2) The minimum financial guarantees of each political subdivision; and (3) The method of billing.

(1) The fee to be paid by each political subdivision;

(2) The minimum financial guarantees of each political subdivision; and

(3) The method of billing.

Amended by Act 2019, No. 910,§ 840, eff. 7/1/2019.

Acts 1987, No. 427, § 4.
Ark. Code Ann. § 12-62-710 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-710
Stay of execution of judgment
Status: in_force

Unless the court determines on the record that the ability of the service member to comply with the judgment or order entered or sought is not materially affected by reason of his or her military service, the court may, on its own motion, or upon application to it by the service member or another person on his or her behalf: (1) Stay the execution of any judgment or order entered against the service member, as provided in this subchapter; and (2) Vacate or stay any attachment or garnishment of property, money, or debts in the hands of another, whether before or after judgment as provided in this subchapter. Acts 2003, No. 1003, § 10.

Unless the court determines on the record that the ability of the service member to comply with the judgment or order entered or sought is not materially affected by reason of his or her military service, the court may, on its own motion, or upon application to it by the service member or another person on his or her behalf:

(1) Stay the execution of any judgment or order entered against the service member, as provided in this subchapter; and

(2) Vacate or stay any attachment or garnishment of property, money, or debts in the hands of another, whether before or after judgment as provided in this subchapter.

Acts 2003, No. 1003, § 10.
Ark. Code Ann. § 12-62-503 — AR Code / Title 12 / Chapter 62 / Subchapter 5 / Section 12-62-503
Arkansas National Guard Student Loan Repayment Program
Status: in_force

(a) There is established the Arkansas National Guard Student Loan Repayment Program, which shall provide for the repayment of loans secured by qualified applicants who are eligible members of the Arkansas National Guard in amounts of up to one thousand dollars ($1,000) in principal per annum or five hundred dollars ($500) per semester, plus all related accrued interest, up to a maximum total loan principal of five thousand dollars ($5,000). (b) (1) No payment may be made for any loan that is in default at the time of application or award. (2) Student loan repayment awards must be used at an approved institution. (3) Student loan repayment awards are available only for payment toward undergraduate studies, when used at a college or university. (4) Eligible members must enlist for at least six (6) years in a unit identified as a high readiness unit by the Adjutant General and have completed training and been awarded a military occupation specialty or Air Force skill code before payment may be made. (c) In order to be eligible for a second or any subsequent semester award, a student must continue in good standing at an approved institution and must continue as a satisfactory participant in a high personnel readiness unit in the Arkansas National Guard, meeting Good Soldier or Good Airman requirements, as certified by his or her unit commander. Acts 1995, No. 187, § 3; 1995, No. 265, § 3.

(a) There is established the Arkansas National Guard Student Loan Repayment Program, which shall provide for the repayment of loans secured by qualified applicants who are eligible members of the Arkansas National Guard in amounts of up to one thousand dollars ($1,000) in principal per annum or five hundred dollars ($500) per semester, plus all related accrued interest, up to a maximum total loan principal of five thousand dollars ($5,000).

(b) (1) No payment may be made for any loan that is in default at the time of application or award. (2) Student loan repayment awards must be used at an approved institution. (3) Student loan repayment awards are available only for payment toward undergraduate studies, when used at a college or university. (4) Eligible members must enlist for at least six (6) years in a unit identified as a high readiness unit by the Adjutant General and have completed training and been awarded a military occupation specialty or Air Force skill code before payment may be made.

(1) No payment may be made for any loan that is in default at the time of application or award.

(2) Student loan repayment awards must be used at an approved institution.

(3) Student loan repayment awards are available only for payment toward undergraduate studies, when used at a college or university.

(4) Eligible members must enlist for at least six (6) years in a unit identified as a high readiness unit by the Adjutant General and have completed training and been awarded a military occupation specialty or Air Force skill code before payment may be made.

(c) In order to be eligible for a second or any subsequent semester award, a student must continue in good standing at an approved institution and must continue as a satisfactory participant in a high personnel readiness unit in the Arkansas National Guard, meeting Good Soldier or Good Airman requirements, as certified by his or her unit commander.

Acts 1995, No. 187, § 3; 1995, No. 265, § 3.
Ark. Code Ann. § 12-26-102 — AR Code / Title 12 / Chapter 26 / Section 12-26-102
Definition
Status: in_force

As used in this chapter, "criminal detention facility" means any institution operated by a political subdivision or a combination of political subdivisions for the care, keeping, or rehabilitative needs of adult criminal offenders, including regional jails, county jails, municipal jails, and temporary holding units. Amended by Act 2017, No. 153,§ 2, eff. 1/1/2019. Acts 1983, No. 741, § 2; 1985, No. 539, § 1; A.S.A. 1947, § 46-1211; Acts 2001, No. 1185, § 2; 2003, No. 1473, § 26.

As used in this chapter, "criminal detention facility" means any institution operated by a political subdivision or a combination of political subdivisions for the care, keeping, or rehabilitative needs of adult criminal offenders, including regional jails, county jails, municipal jails, and temporary holding units.

Amended by Act 2017, No. 153,§ 2, eff. 1/1/2019.

Acts 1983, No. 741, § 2; 1985, No. 539, § 1; A.S.A. 1947, § 46-1211; Acts 2001, No. 1185, § 2; 2003, No. 1473, § 26.
Ark. Code Ann. § 12-18-905 — AR Code / Title 12 / Chapter 18 / Subchapter 9 / Section 12-18-905
Provisional placement in the Child Maltreatment Central Registry
Status: in_force

If an alleged offender's name is provisionally placed in the Child Maltreatment Central Registry, any disclosure by the registry shall include the notation that the name has only been provisionally placed in the registry. Acts 2009, No. 749, § 1.

If an alleged offender's name is provisionally placed in the Child Maltreatment Central Registry, any disclosure by the registry shall include the notation that the name has only been provisionally placed in the registry.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-64-848 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-848
Adultery
Status: in_force

A person subject to this code shall be punished as a court-martial directs if: (1) He or she wrongfully engages in extramarital conduct with another person; (2) At the time the extramarital conduct occurs he or she is married to someone else or knows that the other person is married to someone else; and (3) Under the circumstances, his or her conduct is to the prejudice of good order and discipline required by a member of the United States Armed Forces or is of a nature that brings discredit upon the United States Armed Forces. Amended by Act 2019, No. 211,§ 21, eff. 2/26/2019. Added by Act 2015, No. 1003,§ 41, eff. 7/22/2015.

A person subject to this code shall be punished as a court-martial directs if:

(1) He or she wrongfully engages in extramarital conduct with another person;

(2) At the time the extramarital conduct occurs he or she is married to someone else or knows that the other person is married to someone else; and

(3) Under the circumstances, his or her conduct is to the prejudice of good order and discipline required by a member of the United States Armed Forces or is of a nature that brings discredit upon the United States Armed Forces.

Amended by Act 2019, No. 211,§ 21, eff. 2/26/2019.

Added by Act 2015, No. 1003,§ 41, eff. 7/22/2015.
Ark. Code Ann. § 12-18-210 — AR Code / Title 12 / Chapter 18 / Subchapter 2 / Section 12-18-210
Prohibition on intentionally causing, aiding, abetting, or assisting a child to obtain an abortion without parental consent
Status: in_force

(a) (1) A person shall not intentionally cause, aid, or assist a child to obtain an abortion without the consent or notification regarding judicial bypass of the requirement for consent under §§ 20-16-801 , 20-16-804 , and 20-16-805 . (2) Subdivision (a)(1) of this section does not affect § 20-16-808 . (b) (1) A person who violates subsection (a) of this section shall be civilly liable to the child and to the person or persons required to give the consent under § 20-16-801 . (2) A court may award: (A) Damages to the person or persons adversely affected by a violation of subsection (a) of this section, including compensation for emotional injury without the need for personal presence at the act or event; and (B) Attorney's fees, litigation costs, and punitive damages. (3) An adult who engages in or consents to another person's engaging in a sexual act with a child in violation of the Arkansas Criminal Code, § 5-1-101 et seq., that results in the child's pregnancy shall not be awarded damages under this section. (c) An unemancipated child does not have capacity to consent to any action in violation of this section. (d) Upon a petition by any person adversely affected or who reasonably may be adversely affected by the conduct, a court of competent jurisdiction may enjoin conduct that would violate this section upon a showing that the conduct: (1) Is reasonably anticipated to occur in the future; or (2) Has occurred in the past, whether with the same child or others, and that it is not unreasonable to expect that the conduct will be repeated. Added by Act 2013, No. 725,§ 6, eff. 8/16/2013.

(a) (1) A person shall not intentionally cause, aid, or assist a child to obtain an abortion without the consent or notification regarding judicial bypass of the requirement for consent under §§ 20-16-801 , 20-16-804 , and 20-16-805 . (2) Subdivision (a)(1) of this section does not affect § 20-16-808 .

(1) A person shall not intentionally cause, aid, or assist a child to obtain an abortion without the consent or notification regarding judicial bypass of the requirement for consent under §§ 20-16-801 , 20-16-804 , and 20-16-805 .

(2) Subdivision (a)(1) of this section does not affect § 20-16-808 .

(b) (1) A person who violates subsection (a) of this section shall be civilly liable to the child and to the person or persons required to give the consent under § 20-16-801 . (2) A court may award: (A) Damages to the person or persons adversely affected by a violation of subsection (a) of this section, including compensation for emotional injury without the need for personal presence at the act or event; and (B) Attorney's fees, litigation costs, and punitive damages. (3) An adult who engages in or consents to another person's engaging in a sexual act with a child in violation of the Arkansas Criminal Code, § 5-1-101 et seq., that results in the child's pregnancy shall not be awarded damages under this section.

(1) A person who violates subsection (a) of this section shall be civilly liable to the child and to the person or persons required to give the consent under § 20-16-801 .

(2) A court may award: (A) Damages to the person or persons adversely affected by a violation of subsection (a) of this section, including compensation for emotional injury without the need for personal presence at the act or event; and (B) Attorney's fees, litigation costs, and punitive damages.

(A) Damages to the person or persons adversely affected by a violation of subsection (a) of this section, including compensation for emotional injury without the need for personal presence at the act or event; and

(B) Attorney's fees, litigation costs, and punitive damages.

(3) An adult who engages in or consents to another person's engaging in a sexual act with a child in violation of the Arkansas Criminal Code, § 5-1-101 et seq., that results in the child's pregnancy shall not be awarded damages under this section.

(c) An unemancipated child does not have capacity to consent to any action in violation of this section.

(d) Upon a petition by any person adversely affected or who reasonably may be adversely affected by the conduct, a court of competent jurisdiction may enjoin conduct that would violate this section upon a showing that the conduct: (1) Is reasonably anticipated to occur in the future; or (2) Has occurred in the past, whether with the same child or others, and that it is not unreasonable to expect that the conduct will be repeated.

(1) Is reasonably anticipated to occur in the future; or

(2) Has occurred in the past, whether with the same child or others, and that it is not unreasonable to expect that the conduct will be repeated.

Added by Act 2013, No. 725,§ 6, eff. 8/16/2013.
Ark. Code Ann. § 12-28-606 — AR Code / Title 12 / Chapter 28 / Subchapter 6 / Section 12-28-606
Declaration of end of emergency
Status: in_force

At any time during a declared prison overcrowding state of emergency, the Board of Corrections may declare the prison overcrowding state of emergency to be ended. Acts 1987, No. 418, § 6; 1995, No. 204, § 5; 1995, No. 293, § 5.

At any time during a declared prison overcrowding state of emergency, the Board of Corrections may declare the prison overcrowding state of emergency to be ended.

Acts 1987, No. 418, § 6; 1995, No. 204, § 5; 1995, No. 293, § 5.
Ark. Code Ann. § 12-10-329 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-329
Fire protection district map - Information maintenance
Status: in_force

(a) Each fire protection district shall maintain an accurate fire protection district map that is certified by the: (1) Mayor or other qualified representative of the city or town in which the fire protection district is located; or (2) County judge or county fire coordinator of the county in which the fire protection district is located. (b) The fire protection district map created under subsection (a) of this section shall be: (1) Compatible with the guidelines and standards under § 12-10-305 ; (2) Transmitted to the Arkansas Geographic Information Systems Office: (A) Annually; and (B) Upon changes to the fire protection district map by a method agreed upon by the office and the fire protection district; and (3) Maintained by the office to assist the Arkansas 911 Board in carrying out the duties of the board under § 12-10-305 . (c) The board shall incorporate the fire protection district maps under this section into next generation 911. Amended by Act 2023, No. 176,§ 2, eff. 8/1/2023. Added by Act 2021, No. 382,§ 1, eff. 7/28/2021.

(a) Each fire protection district shall maintain an accurate fire protection district map that is certified by the: (1) Mayor or other qualified representative of the city or town in which the fire protection district is located; or (2) County judge or county fire coordinator of the county in which the fire protection district is located.

(1) Mayor or other qualified representative of the city or town in which the fire protection district is located; or

(2) County judge or county fire coordinator of the county in which the fire protection district is located.

(b) The fire protection district map created under subsection (a) of this section shall be: (1) Compatible with the guidelines and standards under § 12-10-305 ; (2) Transmitted to the Arkansas Geographic Information Systems Office: (A) Annually; and (B) Upon changes to the fire protection district map by a method agreed upon by the office and the fire protection district; and (3) Maintained by the office to assist the Arkansas 911 Board in carrying out the duties of the board under § 12-10-305 .

(1) Compatible with the guidelines and standards under § 12-10-305 ;

(2) Transmitted to the Arkansas Geographic Information Systems Office: (A) Annually; and (B) Upon changes to the fire protection district map by a method agreed upon by the office and the fire protection district; and

(A) Annually; and

(B) Upon changes to the fire protection district map by a method agreed upon by the office and the fire protection district; and

(3) Maintained by the office to assist the Arkansas 911 Board in carrying out the duties of the board under § 12-10-305 .

(c) The board shall incorporate the fire protection district maps under this section into next generation 911.

Amended by Act 2023, No. 176,§ 2, eff. 8/1/2023.

Added by Act 2021, No. 382,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 12-50-108 — AR Code / Title 12 / Chapter 50 / Section 12-50-108
Nondelegable responsibilities
Status: in_force

No contract for correctional services shall authorize, allow, or imply a delegation of authority or responsibility of the Director of the Department of Correction or the county sheriff of any county or the police chief of any city or town to a prison contractor for any of the following: (1) Developing and implementing procedures for calculating inmate release and parole eligibility dates; (2) Developing and implementing procedures for calculating and awarding sentence credits; (3) Approving inmates for furlough and work release; (4) Approving the type of work inmates may perform and the wages or sentence credits which may be given the inmates engaging in that work; and (5) Granting, denying, or revoking sentence credits. Acts 1987, No. 427, § 8.

No contract for correctional services shall authorize, allow, or imply a delegation of authority or responsibility of the Director of the Department of Correction or the county sheriff of any county or the police chief of any city or town to a prison contractor for any of the following:

(1) Developing and implementing procedures for calculating inmate release and parole eligibility dates;

(2) Developing and implementing procedures for calculating and awarding sentence credits;

(3) Approving inmates for furlough and work release;

(4) Approving the type of work inmates may perform and the wages or sentence credits which may be given the inmates engaging in that work; and

(5) Granting, denying, or revoking sentence credits.

Acts 1987, No. 427, § 8.
Ark. Code Ann. § 12-78-105 — AR Code / Title 12 / Chapter 78 / Section 12-78-105
Implementation - Equipment purchases
Status: in_force

(a) (1) From funds appropriated therefor, the Division of Emergency Management shall provide to eligible local offices of emergency management and key state agencies assigned an emergency role under the State of Arkansas Emergency Operations Plan matching grants not to exceed fifty percent (50%) of the cost of the acquisition of the emergency warning and communications equipment. (2) The grant shall be awarded only for the acquisition of equipment for which the Director of the Division of Emergency Management has granted specific approval. (b) The equipment shall be purchased only in accordance with the current approved purchasing procedures of the county or city having authority over the local office of emergency management or the approved purchasing procedures for the governmental agencies or private sector agencies. Amended by Act 2019, No. 910,§ 5909, eff. 7/1/2019. Acts 1991, No. 554, § 4; 1999, No. 646, § 44.

(a) (1) From funds appropriated therefor, the Division of Emergency Management shall provide to eligible local offices of emergency management and key state agencies assigned an emergency role under the State of Arkansas Emergency Operations Plan matching grants not to exceed fifty percent (50%) of the cost of the acquisition of the emergency warning and communications equipment. (2) The grant shall be awarded only for the acquisition of equipment for which the Director of the Division of Emergency Management has granted specific approval.

(1) From funds appropriated therefor, the Division of Emergency Management shall provide to eligible local offices of emergency management and key state agencies assigned an emergency role under the State of Arkansas Emergency Operations Plan matching grants not to exceed fifty percent (50%) of the cost of the acquisition of the emergency warning and communications equipment.

(2) The grant shall be awarded only for the acquisition of equipment for which the Director of the Division of Emergency Management has granted specific approval.

(b) The equipment shall be purchased only in accordance with the current approved purchasing procedures of the county or city having authority over the local office of emergency management or the approved purchasing procedures for the governmental agencies or private sector agencies.

Amended by Act 2019, No. 910,§ 5909, eff. 7/1/2019.

Acts 1991, No. 554, § 4; 1999, No. 646, § 44.
Ark. Code Ann. § 12-17-103 — AR Code / Title 12 / Chapter 17 / Section 12-17-103
Grant application and administration process
Status: in_force

(a) The Department of Finance and Administration shall develop and promulgate grant applications under this chapter and upon the recommendations of the Arkansas Alcohol and Drug Abuse Coordinating Council. (b) The department shall administer all grant awards and expenditures under this chapter by the multi-jurisdictional drug crime task forces under applicable state and federal law. Acts 2007, No. 1086, § 1.

(a) The Department of Finance and Administration shall develop and promulgate grant applications under this chapter and upon the recommendations of the Arkansas Alcohol and Drug Abuse Coordinating Council.

(b) The department shall administer all grant awards and expenditures under this chapter by the multi-jurisdictional drug crime task forces under applicable state and federal law.

Acts 2007, No. 1086, § 1.
Ark. Code Ann. § 12-41-506 — AR Code / Title 12 / Chapter 41 / Subchapter 5 / Section 12-41-506
Expenses of municipal prisoners held in county jails
Status: in_force

(a) (1) In the absence of an agreement on jail costs between a county and all municipalities having law enforcement agencies in the county, the quorum court in a county in this state may by ordinance establish a daily fee to be charged municipalities for keeping prisoners of municipalities in the county jail. (2) The fee shall be based upon the reasonable expenses which the county incurs in keeping such prisoners in the county jail. (b) (1) Municipalities whose prisoners are maintained in the county jail shall be responsible for paying the fee established by the quorum court in the county. (2) When a person is sentenced to a county jail for violating a municipal ordinance, the municipality shall be responsible for paying the fee established by an agreement or ordinance of the quorum court in the county. (3) Municipalities may appropriate funds to assist the county in the maintenance and operation of the county jail. (c) (1) Each county sheriff shall bill each municipality monthly for the cost of keeping prisoners in the county jail. (2) Each county sheriff shall remit to the county treasurer monthly the fees collected under this section, and such fees shall be credited to the county general fund. (d) Counties shall give priority to in-county municipalities over contracts for out-of-county prisoners. Acts 1981, No. 796, § 1; A.S.A. 1947, § 46-419.1; Acts 1993, No. 516, § 1; 1993, No. 1290, § 1; 1995, No. 555, § 1.

(a) (1) In the absence of an agreement on jail costs between a county and all municipalities having law enforcement agencies in the county, the quorum court in a county in this state may by ordinance establish a daily fee to be charged municipalities for keeping prisoners of municipalities in the county jail. (2) The fee shall be based upon the reasonable expenses which the county incurs in keeping such prisoners in the county jail.

(1) In the absence of an agreement on jail costs between a county and all municipalities having law enforcement agencies in the county, the quorum court in a county in this state may by ordinance establish a daily fee to be charged municipalities for keeping prisoners of municipalities in the county jail.

(2) The fee shall be based upon the reasonable expenses which the county incurs in keeping such prisoners in the county jail.

(b) (1) Municipalities whose prisoners are maintained in the county jail shall be responsible for paying the fee established by the quorum court in the county. (2) When a person is sentenced to a county jail for violating a municipal ordinance, the municipality shall be responsible for paying the fee established by an agreement or ordinance of the quorum court in the county. (3) Municipalities may appropriate funds to assist the county in the maintenance and operation of the county jail.

(1) Municipalities whose prisoners are maintained in the county jail shall be responsible for paying the fee established by the quorum court in the county.

(2) When a person is sentenced to a county jail for violating a municipal ordinance, the municipality shall be responsible for paying the fee established by an agreement or ordinance of the quorum court in the county.

(3) Municipalities may appropriate funds to assist the county in the maintenance and operation of the county jail.

(c) (1) Each county sheriff shall bill each municipality monthly for the cost of keeping prisoners in the county jail. (2) Each county sheriff shall remit to the county treasurer monthly the fees collected under this section, and such fees shall be credited to the county general fund.

(1) Each county sheriff shall bill each municipality monthly for the cost of keeping prisoners in the county jail.

(2) Each county sheriff shall remit to the county treasurer monthly the fees collected under this section, and such fees shall be credited to the county general fund.

(d) Counties shall give priority to in-county municipalities over contracts for out-of-county prisoners.

Acts 1981, No. 796, § 1; A.S.A. 1947, § 46-419.1; Acts 1993, No. 516, § 1; 1993, No. 1290, § 1; 1995, No. 555, § 1.