Ark. Code Ann. § 12-18-806 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-806
Continuances
Status: in_force

(a) (1) An administrative law judge shall grant a continuance if the record under this chapter tendered by the Department of Human Services to the alleged offender is determined by the administrative law judge to be incomplete. (2) The administrative law judge shall direct the department to make diligent inquiry and obtain the missing information to supplement the record if: (A) The department receives further information; (B) The alleged offender gives notice of the existence of further information; or (C) The department examines the record and determines that additional information exists. (3) If additional information is found to exist, the record shall be supplemented and the department shall provide a copy of the supplemented record to the alleged offender. (b) At least ten (10) days prior to the administrative hearing, the alleged offender and the department shall share any information with the other party that the party intends to introduce into evidence at the administrative hearing that is not contained in the record. (c) If a party fails to timely share information, the administrative law judge shall: (1) Grant a continuance; (2) Allow the record to remain open for submission of rebuttal evidence; or (3) Reject the information as not relevant to the incident of child maltreatment. (d) Any time accrued during the continuance or allowing the record to remain open shall not be counted in the one-hundred-eighty-day time period to complete the administrative hearing. Acts 2009, No. 749, § 1.

(a) (1) An administrative law judge shall grant a continuance if the record under this chapter tendered by the Department of Human Services to the alleged offender is determined by the administrative law judge to be incomplete. (2) The administrative law judge shall direct the department to make diligent inquiry and obtain the missing information to supplement the record if: (A) The department receives further information; (B) The alleged offender gives notice of the existence of further information; or (C) The department examines the record and determines that additional information exists. (3) If additional information is found to exist, the record shall be supplemented and the department shall provide a copy of the supplemented record to the alleged offender.

(1) An administrative law judge shall grant a continuance if the record under this chapter tendered by the Department of Human Services to the alleged offender is determined by the administrative law judge to be incomplete.

(2) The administrative law judge shall direct the department to make diligent inquiry and obtain the missing information to supplement the record if: (A) The department receives further information; (B) The alleged offender gives notice of the existence of further information; or (C) The department examines the record and determines that additional information exists.

(A) The department receives further information;

(B) The alleged offender gives notice of the existence of further information; or

(C) The department examines the record and determines that additional information exists.

(3) If additional information is found to exist, the record shall be supplemented and the department shall provide a copy of the supplemented record to the alleged offender.

(b) At least ten (10) days prior to the administrative hearing, the alleged offender and the department shall share any information with the other party that the party intends to introduce into evidence at the administrative hearing that is not contained in the record.

(c) If a party fails to timely share information, the administrative law judge shall: (1) Grant a continuance; (2) Allow the record to remain open for submission of rebuttal evidence; or (3) Reject the information as not relevant to the incident of child maltreatment.

(1) Grant a continuance;

(2) Allow the record to remain open for submission of rebuttal evidence; or

(3) Reject the information as not relevant to the incident of child maltreatment.

(d) Any time accrued during the continuance or allowing the record to remain open shall not be counted in the one-hundred-eighty-day time period to complete the administrative hearing.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-8-216 — AR Code / Title 12 / Chapter 8 / Subchapter 2 / Section 12-8-216
[Repealed]
Status: repealed

Repealed by Act 2022, No. 223,§ 48, eff. 7/1/2022. Amended by Act 2021, No. 398,§ 2, eff. 7/28/2021. Added by Act 2019, No. 1007,§ 20, eff. 7/1/2019.

Repealed by Act 2022, No. 223,§ 48, eff. 7/1/2022.

Amended by Act 2021, No. 398,§ 2, eff. 7/28/2021.

Added by Act 2019, No. 1007,§ 20, eff. 7/1/2019.
Ark. Code Ann. § 12-75-131 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-131
Disaster relief pay
Status: in_force

(a) (1) The Division of Emergency Management is authorized to provide special compensation to certain employees for each full pay period of eighty (80) hours worked in a job which requires the provision of on-site emergency disaster relief services in cases of wartime, human-made, or natural disasters. (2) This disaster relief pay covers employees who may be exposed to hazardous or disastrous conditions during the performance of their job duties. (3) (A) The rate of pay will be five and five-tenths percent (5.5%) above the regular authorized pay or rate of pay. (B) Payment will be controlled through personnel actions by the Director of the Division of Emergency Management. (b) The rate of pay for individuals who work less than a full pay period of eighty (80) hours or transfer to other work areas not defined in this section, or both, will not receive any enhanced rate of pay for that or subsequent pay periods. (c) A monthly report shall be made to the Legislative Council describing all payments made to employees under the provisions of this section. Amended by Act 2019, No. 910,§ 5906, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5905, eff. 7/1/2019. Acts 1995, No. 1028, § 14; 1999, No. 646, §§ 37, 38.

(a) (1) The Division of Emergency Management is authorized to provide special compensation to certain employees for each full pay period of eighty (80) hours worked in a job which requires the provision of on-site emergency disaster relief services in cases of wartime, human-made, or natural disasters. (2) This disaster relief pay covers employees who may be exposed to hazardous or disastrous conditions during the performance of their job duties. (3) (A) The rate of pay will be five and five-tenths percent (5.5%) above the regular authorized pay or rate of pay. (B) Payment will be controlled through personnel actions by the Director of the Division of Emergency Management.

(1) The Division of Emergency Management is authorized to provide special compensation to certain employees for each full pay period of eighty (80) hours worked in a job which requires the provision of on-site emergency disaster relief services in cases of wartime, human-made, or natural disasters.

(2) This disaster relief pay covers employees who may be exposed to hazardous or disastrous conditions during the performance of their job duties.

(3) (A) The rate of pay will be five and five-tenths percent (5.5%) above the regular authorized pay or rate of pay. (B) Payment will be controlled through personnel actions by the Director of the Division of Emergency Management.

(A) The rate of pay will be five and five-tenths percent (5.5%) above the regular authorized pay or rate of pay.

(B) Payment will be controlled through personnel actions by the Director of the Division of Emergency Management.

(b) The rate of pay for individuals who work less than a full pay period of eighty (80) hours or transfer to other work areas not defined in this section, or both, will not receive any enhanced rate of pay for that or subsequent pay periods.

(c) A monthly report shall be made to the Legislative Council describing all payments made to employees under the provisions of this section.

Amended by Act 2019, No. 910,§ 5906, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5905, eff. 7/1/2019.

Acts 1995, No. 1028, § 14; 1999, No. 646, §§ 37, 38.
Ark. Code Ann. § 12-9-110 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-110
Training of civilians to file parking violations and traffic accident reports
Status: in_force

(a) The Arkansas Commission on Law Enforcement Standards and Training shall by rule establish the qualifications including minimum training standards for persons performing law enforcement-related duties pursuant to this section within cities of the first class and within other areas of the State of Arkansas for cadets that are appointed by the Director of the Division of Arkansas State Police. (b) Municipal police departments of cities of the first class and the Division of Arkansas State Police may employ persons who do not meet certification requirements prescribed by the commission, and the persons may: (1) Issue citations for parking violations occurring within their respective jurisdictions; and (2) Prepare traffic accident reports and issue any related traffic citations. (c) Persons employed under this section shall not carry firearms or take any other official law enforcement action except as prescribed by this section. (d) (1) Persons performing law enforcement duties pursuant to this section shall complete all training and meet all minimum standards prescribed by the commission for the exercise of that authority. (2) However, the division and cities of the first class may establish more stringent training requirements. Amended by Act 2019, No. 315,§ 853, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5816, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5815, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5814, eff. 7/1/2019. Acts 1995, No. 910, § 1; 2001, No. 250, § 1; 2003, No. 1111, § 1; 2007, No. 137, § 1.

(a) The Arkansas Commission on Law Enforcement Standards and Training shall by rule establish the qualifications including minimum training standards for persons performing law enforcement-related duties pursuant to this section within cities of the first class and within other areas of the State of Arkansas for cadets that are appointed by the Director of the Division of Arkansas State Police.

(b) Municipal police departments of cities of the first class and the Division of Arkansas State Police may employ persons who do not meet certification requirements prescribed by the commission, and the persons may: (1) Issue citations for parking violations occurring within their respective jurisdictions; and (2) Prepare traffic accident reports and issue any related traffic citations.

(1) Issue citations for parking violations occurring within their respective jurisdictions; and

(2) Prepare traffic accident reports and issue any related traffic citations.

(c) Persons employed under this section shall not carry firearms or take any other official law enforcement action except as prescribed by this section.

(d) (1) Persons performing law enforcement duties pursuant to this section shall complete all training and meet all minimum standards prescribed by the commission for the exercise of that authority. (2) However, the division and cities of the first class may establish more stringent training requirements.

(1) Persons performing law enforcement duties pursuant to this section shall complete all training and meet all minimum standards prescribed by the commission for the exercise of that authority.

(2) However, the division and cities of the first class may establish more stringent training requirements.

Amended by Act 2019, No. 315,§ 853, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5816, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5815, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5814, eff. 7/1/2019.

Acts 1995, No. 910, § 1; 2001, No. 250, § 1; 2003, No. 1111, § 1; 2007, No. 137, § 1.
Ark. Code Ann. § 12-42-117 — AR Code / Title 12 / Chapter 42 / Section 12-42-117
Voluntary labor
Status: in_force

(a) Any of the prisoners in the county jails located in counties having a population of between twenty-four thousand five hundred (24,500) and twenty-five thousand five hundred (25,500) and between forty-seven thousand five hundred (47,500) and forty-seven thousand six hundred (47,600) inhabitants may be permitted to voluntarily work in any cemetery or on any other public project in those counties. (b) The prisoners shall be allowed a credit on any fine owed of five dollars ($5.00) for each day they perform such voluntary labor. Acts 1967, No. 89, § 1; A.S.A. 1947, § 46-521.

(a) Any of the prisoners in the county jails located in counties having a population of between twenty-four thousand five hundred (24,500) and twenty-five thousand five hundred (25,500) and between forty-seven thousand five hundred (47,500) and forty-seven thousand six hundred (47,600) inhabitants may be permitted to voluntarily work in any cemetery or on any other public project in those counties.

(b) The prisoners shall be allowed a credit on any fine owed of five dollars ($5.00) for each day they perform such voluntary labor.

Acts 1967, No. 89, § 1; A.S.A. 1947, § 46-521.
Ark. Code Ann. § 12-8-608 — AR Code / Title 12 / Chapter 8 / Subchapter 5-d-1 / Section 12-8-608
Sunset
Status: in_force

This subchapter shall expire twenty (20) years from March 31, 2015. Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.

This subchapter shall expire twenty (20) years from March 31, 2015.

Added by Act 2015, No. 856,§ 2, eff. 3/31/2015.
Ark. Code Ann. § 12-84-102 — AR Code / Title 12 / Chapter 84 / Section 12-84-102
Applicability
Status: in_force

(a) Nothing in this chapter shall be construed as regulatory authority over acts, laws, rules, regulations, or guidelines of other state or federal agencies related to their designated responsibilities and duties as regulatory authorities over concerns of environmental, health, law enforcement, firefighting, medical, or other areas of responsibility. (b) The provisions of this chapter are intended to be supplemental to current provisions of Arkansas law, and shall not be construed as repealing or superseding any other laws applicable thereto. Acts 1995, No. 634, §§ 7, 8.

(a) Nothing in this chapter shall be construed as regulatory authority over acts, laws, rules, regulations, or guidelines of other state or federal agencies related to their designated responsibilities and duties as regulatory authorities over concerns of environmental, health, law enforcement, firefighting, medical, or other areas of responsibility.

(b) The provisions of this chapter are intended to be supplemental to current provisions of Arkansas law, and shall not be construed as repealing or superseding any other laws applicable thereto.

Acts 1995, No. 634, §§ 7, 8.
Ark. Code Ann. § 12-60-102 — AR Code / Title 12 / Chapter 60 / Section 12-60-102
Definitions
Status: in_force

As used in this code: (1) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused; (2) "Active state duty" means duty in the active military service of the state under an order of the Governor issued pursuant to authority vested in him or her by law and while going to and returning from such duty; (3) "Code" means the Military Code of Arkansas, Title 12, Chapters 60 through 64; (4) "Commanding officer" includes only commissioned officers; (5) "Commissioned officer" includes a commissioned warrant officer; (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer in command for the time being and successors in command; (7) "Duty status" means the time from the date when a person is required by the terms of a call or order to obey the call or order and includes any of the following periods: (A) Travel to and from a training site or duty station; (B) Intervals between consecutive periods of inactive duty training on the same day; (C) Intervals between inactive duty training on consecutive days; or (D) The entire day that inactive duty training is performed; (8) "Enemy" shall be deemed to include any person or persons engaged or participating in a riot, riotous activity, resistance to lawful process, insurrection, or rebellious assembly; (9) "Enlisted member" means a person enlisted in, or inducted, called, or conscripted into, an armed force in an enlisted grade; (10) "Extramarital conduct" means any of the following acts engaged in by two (2) persons of the same or opposite sex: (A) Genital-to-genital sexual intercourse; (B) Oral-to-genital sexual contact; (C) Anal-to-genital sexual contact; or (D) Oral-to-anal sexual contact; (11) "Grade" means a step or degree in a graduated scale of office or military rank that is established and designated as a grade by law or rule; (12) "Law officer" means an official of a general court-martial detailed in accordance with this code; (13) "Military" refers to any or all of the armed forces; (14) "Military court" means a court-martial, a court of inquiry, or a provost court; (15) "Officer" means a commissioned or warrant officer; (16) "Organized militia" means the National Guard of the state as defined in 32 U.S.C. § 101(3) ; (17) "Rank" means the order of precedence among members of the armed forces; (18) "Sexual conduct" means any act of: (A) Sexual gratification involving penetration, however slight, of the anus or mouth of a person by the penis of another person; (B) Sexual gratification involving penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person; (C) Penetration, however slight, of the labia majora by a penis; (19) "Sexual contact" means the act of touching, or causing another person to touch, either directly or through clothing, by the use of any part of a person's body or an object: (A) The vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person; and (B) With a purpose to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person; (20) "State Judge Advocate" means the commissioned officer responsible for supervising the administration of the military justice in the organized militia; and (21) "Superior commissioned officer" means a commissioned officer superior in rank or command. Amended by Act 2021, No. 185,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 916, eff. 7/24/2019. Amended by Act 2019, No. 211,§ 1, eff. 2/26/2019. Amended by Act 2015, No. 1003,§ 2, eff. 7/22/2015. Acts 1969, No. 50, § 46; A.S.A. 1947, § 11-601.

As used in this code:

(1) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused;

(2) "Active state duty" means duty in the active military service of the state under an order of the Governor issued pursuant to authority vested in him or her by law and while going to and returning from such duty;

(3) "Code" means the Military Code of Arkansas, Title 12, Chapters 60 through 64;

(4) "Commanding officer" includes only commissioned officers;

(5) "Commissioned officer" includes a commissioned warrant officer;

(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer in command for the time being and successors in command;

(7) "Duty status" means the time from the date when a person is required by the terms of a call or order to obey the call or order and includes any of the following periods: (A) Travel to and from a training site or duty station; (B) Intervals between consecutive periods of inactive duty training on the same day; (C) Intervals between inactive duty training on consecutive days; or (D) The entire day that inactive duty training is performed;

(A) Travel to and from a training site or duty station;

(B) Intervals between consecutive periods of inactive duty training on the same day;

(C) Intervals between inactive duty training on consecutive days; or

(D) The entire day that inactive duty training is performed;

(8) "Enemy" shall be deemed to include any person or persons engaged or participating in a riot, riotous activity, resistance to lawful process, insurrection, or rebellious assembly;

(9) "Enlisted member" means a person enlisted in, or inducted, called, or conscripted into, an armed force in an enlisted grade;

(10) "Extramarital conduct" means any of the following acts engaged in by two (2) persons of the same or opposite sex: (A) Genital-to-genital sexual intercourse; (B) Oral-to-genital sexual contact; (C) Anal-to-genital sexual contact; or (D) Oral-to-anal sexual contact;

(A) Genital-to-genital sexual intercourse;

(B) Oral-to-genital sexual contact;

(C) Anal-to-genital sexual contact; or

(D) Oral-to-anal sexual contact;

(11) "Grade" means a step or degree in a graduated scale of office or military rank that is established and designated as a grade by law or rule;

(12) "Law officer" means an official of a general court-martial detailed in accordance with this code;

(13) "Military" refers to any or all of the armed forces;

(14) "Military court" means a court-martial, a court of inquiry, or a provost court;

(15) "Officer" means a commissioned or warrant officer;

(16) "Organized militia" means the National Guard of the state as defined in 32 U.S.C. § 101(3) ;

(17) "Rank" means the order of precedence among members of the armed forces;

(18) "Sexual conduct" means any act of: (A) Sexual gratification involving penetration, however slight, of the anus or mouth of a person by the penis of another person; (B) Sexual gratification involving penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person; (C) Penetration, however slight, of the labia majora by a penis;

(A) Sexual gratification involving penetration, however slight, of the anus or mouth of a person by the penis of another person;

(B) Sexual gratification involving penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;

(C) Penetration, however slight, of the labia majora by a penis;

(19) "Sexual contact" means the act of touching, or causing another person to touch, either directly or through clothing, by the use of any part of a person's body or an object: (A) The vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person; and (B) With a purpose to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person;

(A) The vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person; and

(B) With a purpose to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person;

(20) "State Judge Advocate" means the commissioned officer responsible for supervising the administration of the military justice in the organized militia; and

(21) "Superior commissioned officer" means a commissioned officer superior in rank or command.

Amended by Act 2021, No. 185,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 916, eff. 7/24/2019.

Amended by Act 2019, No. 211,§ 1, eff. 2/26/2019.

Amended by Act 2015, No. 1003,§ 2, eff. 7/22/2015.

Acts 1969, No. 50, § 46; A.S.A. 1947, § 11-601.
Ark. Code Ann. § 12-62-802 — AR Code / Title 12 / Chapter 62 / Subchapter 8 / Section 12-62-802
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Back pay" means the amount of compensation that an employee would have earned if the employer had not engaged in conduct prohibited under this subchapter. (B) "Back pay" shall not include any compensation that would have been earned before two (2) years from the date that the cause of action permitted under this subchapter is initially filed; (2) "Compensatory damages" means damages for: (A) Back pay and interest on back pay; (B) Mental anguish; (C) Loss of dignity; or (D) Other intangible injuries; (3) (A) "Employee" means a person who performs work or service of any type for compensation on a full-time or part-time basis. (B) "Employee" includes an applicant for a position to perform work or service for compensation. (C) "Employee" does not include: (i) Any individual employed by his or her parents, spouse, or child; (ii) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility; (iii) An individual employed outside the State of Arkansas; or (iv) An independent contractor; (4) "Employer" means a person or entity who employs five (5) or more employees in the State of Arkansas in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose, or any agent of the person; (5) "Military service" means current honorable service or honorable discharge from service within six (6) months from the date of the alleged discrimination in any active or reserve component of the United States armed forces; and (6) "Religious organization" means a church or other place of worship that: (A) Is located in the state; and (B) Provides religious services to its congregation. Acts 2005, No. 920, § 1.

As used in this subchapter:

(1) (A) "Back pay" means the amount of compensation that an employee would have earned if the employer had not engaged in conduct prohibited under this subchapter. (B) "Back pay" shall not include any compensation that would have been earned before two (2) years from the date that the cause of action permitted under this subchapter is initially filed;

(A) "Back pay" means the amount of compensation that an employee would have earned if the employer had not engaged in conduct prohibited under this subchapter.

(B) "Back pay" shall not include any compensation that would have been earned before two (2) years from the date that the cause of action permitted under this subchapter is initially filed;

(2) "Compensatory damages" means damages for: (A) Back pay and interest on back pay; (B) Mental anguish; (C) Loss of dignity; or (D) Other intangible injuries;

(A) Back pay and interest on back pay;

(B) Mental anguish;

(C) Loss of dignity; or

(D) Other intangible injuries;

(3) (A) "Employee" means a person who performs work or service of any type for compensation on a full-time or part-time basis. (B) "Employee" includes an applicant for a position to perform work or service for compensation. (C) "Employee" does not include: (i) Any individual employed by his or her parents, spouse, or child; (ii) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility; (iii) An individual employed outside the State of Arkansas; or (iv) An independent contractor;

(A) "Employee" means a person who performs work or service of any type for compensation on a full-time or part-time basis.

(B) "Employee" includes an applicant for a position to perform work or service for compensation.

(C) "Employee" does not include: (i) Any individual employed by his or her parents, spouse, or child; (ii) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility; (iii) An individual employed outside the State of Arkansas; or (iv) An independent contractor;

(i) Any individual employed by his or her parents, spouse, or child;

(ii) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility;

(iii) An individual employed outside the State of Arkansas; or

(iv) An independent contractor;

(4) "Employer" means a person or entity who employs five (5) or more employees in the State of Arkansas in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose, or any agent of the person;

(5) "Military service" means current honorable service or honorable discharge from service within six (6) months from the date of the alleged discrimination in any active or reserve component of the United States armed forces; and

(6) "Religious organization" means a church or other place of worship that: (A) Is located in the state; and (B) Provides religious services to its congregation.

(A) Is located in the state; and

(B) Provides religious services to its congregation.

Acts 2005, No. 920, § 1.
Ark. Code Ann. § 12-62-504 — AR Code / Title 12 / Chapter 62 / Subchapter 5 / Section 12-62-504
Application process
Status: in_force

(a) (1) Qualified applicants for the Arkansas National Guard Student Loan Repayment Program may apply by obtaining an application form from, and signed by, his or her unit commander. (2) The application shall include as an attachment a certification by an appropriate officer of the approved institution verifying that the applicant has been accepted or remains in good standing as a full-time student for the school year in which the loan repayment is sought, and must include certification from a qualified lending institution that a loan has been approved and is not in default. (b) (1) (A) Qualified applicants must obtain an additional certification from the approved institution verifying his or her continued enrollment as a full-time student in good standing in order to receive the second or any subsequent semester award. (B) Such certification shall be presented to the unit commander within thirty (30) days of the beginning of the semester for which a loan repayment is sought. (2) Verification from a qualified lending institution that an approved loan is in place and not in default must accompany each subsequent certification. (c) (1) It shall be the responsibility of the unit to forward completed applications, including recertifications from an approved institution and verifications from the lender, to the Arkansas National Guard Incentive Officer for processing and payment. (2) Payment shall be made directly to the approved institution, on behalf of and for the benefit of the qualified applicant, in a manner as may be established by rule of the Adjutant General. Amended by Act 2019, No. 315,§ 938, eff. 7/24/2019. Acts 1995, No. 187, § 4; 1995, No. 265, § 4.

(a) (1) Qualified applicants for the Arkansas National Guard Student Loan Repayment Program may apply by obtaining an application form from, and signed by, his or her unit commander. (2) The application shall include as an attachment a certification by an appropriate officer of the approved institution verifying that the applicant has been accepted or remains in good standing as a full-time student for the school year in which the loan repayment is sought, and must include certification from a qualified lending institution that a loan has been approved and is not in default.

(1) Qualified applicants for the Arkansas National Guard Student Loan Repayment Program may apply by obtaining an application form from, and signed by, his or her unit commander.

(2) The application shall include as an attachment a certification by an appropriate officer of the approved institution verifying that the applicant has been accepted or remains in good standing as a full-time student for the school year in which the loan repayment is sought, and must include certification from a qualified lending institution that a loan has been approved and is not in default.

(b) (1) (A) Qualified applicants must obtain an additional certification from the approved institution verifying his or her continued enrollment as a full-time student in good standing in order to receive the second or any subsequent semester award. (B) Such certification shall be presented to the unit commander within thirty (30) days of the beginning of the semester for which a loan repayment is sought. (2) Verification from a qualified lending institution that an approved loan is in place and not in default must accompany each subsequent certification.

(1) (A) Qualified applicants must obtain an additional certification from the approved institution verifying his or her continued enrollment as a full-time student in good standing in order to receive the second or any subsequent semester award. (B) Such certification shall be presented to the unit commander within thirty (30) days of the beginning of the semester for which a loan repayment is sought.

(A) Qualified applicants must obtain an additional certification from the approved institution verifying his or her continued enrollment as a full-time student in good standing in order to receive the second or any subsequent semester award.

(B) Such certification shall be presented to the unit commander within thirty (30) days of the beginning of the semester for which a loan repayment is sought.

(2) Verification from a qualified lending institution that an approved loan is in place and not in default must accompany each subsequent certification.

(c) (1) It shall be the responsibility of the unit to forward completed applications, including recertifications from an approved institution and verifications from the lender, to the Arkansas National Guard Incentive Officer for processing and payment. (2) Payment shall be made directly to the approved institution, on behalf of and for the benefit of the qualified applicant, in a manner as may be established by rule of the Adjutant General.

(1) It shall be the responsibility of the unit to forward completed applications, including recertifications from an approved institution and verifications from the lender, to the Arkansas National Guard Incentive Officer for processing and payment.

(2) Payment shall be made directly to the approved institution, on behalf of and for the benefit of the qualified applicant, in a manner as may be established by rule of the Adjutant General.

Amended by Act 2019, No. 315,§ 938, eff. 7/24/2019.

Acts 1995, No. 187, § 4; 1995, No. 265, § 4.
Ark. Code Ann. § 12-18-814 — AR Code / Title 12 / Chapter 18 / Subchapter 8 / Section 12-18-814
Automatic hearings for juveniles
Status: in_force

(a) The Division of Children and Family Services of the Department of Human Services shall provide written referrals to the Office of Appeals and Hearings of the Department of Human Services identifying each juvenile who is: (1) The subject of a true child maltreatment finding; and (2) Subject to placement on the Child Maltreatment Central Registry. (b) The office shall schedule an administrative hearing for each juvenile identified under subsection (a) of this section. (c) An administrative hearing scheduled under this section shall be conducted in accordance with the administrative hearing provisions of this subchapter except that the office shall not dismiss the case and place the petitioner's name on the registry based solely on the petitioner's failure to provide a file-marked copy of the final disposition of the criminal or delinquency proceeding within thirty (30) days of the entry of the final disposition. Added by Act 2013, No. 1006,§ 28, eff. 8/16/2013.

(a) The Division of Children and Family Services of the Department of Human Services shall provide written referrals to the Office of Appeals and Hearings of the Department of Human Services identifying each juvenile who is: (1) The subject of a true child maltreatment finding; and (2) Subject to placement on the Child Maltreatment Central Registry.

(1) The subject of a true child maltreatment finding; and

(2) Subject to placement on the Child Maltreatment Central Registry.

(b) The office shall schedule an administrative hearing for each juvenile identified under subsection (a) of this section.

(c) An administrative hearing scheduled under this section shall be conducted in accordance with the administrative hearing provisions of this subchapter except that the office shall not dismiss the case and place the petitioner's name on the registry based solely on the petitioner's failure to provide a file-marked copy of the final disposition of the criminal or delinquency proceeding within thirty (30) days of the entry of the final disposition.

Added by Act 2013, No. 1006,§ 28, eff. 8/16/2013.
Ark. Code Ann. § 12-18-709 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-709
Confidentiality
Status: in_force

(a) Notice of an investigative determination under this chapter is confidential and may be disclosed only as provided in this chapter. (b) (1) The Department of Human Services and the Division of Arkansas State Police shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement. (c) (1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the Department of Human Services and the Division of Arkansas State Police. (d) (1) Notification of the investigative determination of severe maltreatment shall be provided to the appropriate law enforcement agency and the prosecuting attorney. (2) The prosecuting attorney and law enforcement may provide written notice to the Department of Human Services and the Division of Arkansas State Police that the Department of Human Services and the Division of Arkansas State Police do not need to provide notice of investigative determinations. (3) Upon receiving the notification, the Department of Human Services and the Division of Arkansas State Police shall not be required to provide notification of the investigative determination. (e) The Department of Human Services and the Division of Arkansas State Police shall notify each subject of the report of the investigative determination whether true or unsubstantiated. (f) The Department of Human Services and the Division of Arkansas State Police shall notify the alleged offender's legal parents, legal guardians, and foster parents of the investigative determination if the: (1) Investigative determination is unsubstantiated; and (2) Alleged offender is: (A) Under eighteen (18) years of age; and (B) In foster care. (g) The Department of Human Services and the Division of Arkansas State Police shall notify any family advocacy program or other person or entity designated by the military authority for the military installation to which notice must be given of child maltreatment investigations under § 12-18-508 of the investigation determination whether true or unsubstantiated. Amended by Act 2017, No. 528,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 1004,§ 24, eff. 7/22/2015. Acts 2009, No. 749, § 1; 2011, No. 1143, § 17.

(a) Notice of an investigative determination under this chapter is confidential and may be disclosed only as provided in this chapter.

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

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

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

(c) (1) Any person or agency to whom disclosure is made shall not disclose to any other person a report or other information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the Department of Human Services and the Division of Arkansas State Police.

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

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

(d) (1) Notification of the investigative determination of severe maltreatment shall be provided to the appropriate law enforcement agency and the prosecuting attorney. (2) The prosecuting attorney and law enforcement may provide written notice to the Department of Human Services and the Division of Arkansas State Police that the Department of Human Services and the Division of Arkansas State Police do not need to provide notice of investigative determinations. (3) Upon receiving the notification, the Department of Human Services and the Division of Arkansas State Police shall not be required to provide notification of the investigative determination.

(1) Notification of the investigative determination of severe maltreatment shall be provided to the appropriate law enforcement agency and the prosecuting attorney.

(2) The prosecuting attorney and law enforcement may provide written notice to the Department of Human Services and the Division of Arkansas State Police that the Department of Human Services and the Division of Arkansas State Police do not need to provide notice of investigative determinations.

(3) Upon receiving the notification, the Department of Human Services and the Division of Arkansas State Police shall not be required to provide notification of the investigative determination.

(e) The Department of Human Services and the Division of Arkansas State Police shall notify each subject of the report of the investigative determination whether true or unsubstantiated.

(f) The Department of Human Services and the Division of Arkansas State Police shall notify the alleged offender's legal parents, legal guardians, and foster parents of the investigative determination if the: (1) Investigative determination is unsubstantiated; and (2) Alleged offender is: (A) Under eighteen (18) years of age; and (B) In foster care.

(1) Investigative determination is unsubstantiated; and

(2) Alleged offender is: (A) Under eighteen (18) years of age; and (B) In foster care.

(A) Under eighteen (18) years of age; and

(B) In foster care.

(g) The Department of Human Services and the Division of Arkansas State Police shall notify any family advocacy program or other person or entity designated by the military authority for the military installation to which notice must be given of child maltreatment investigations under § 12-18-508 of the investigation determination whether true or unsubstantiated.

Amended by Act 2017, No. 528,§ 3, eff. 8/1/2017.

Amended by Act 2015, No. 1004,§ 24, eff. 7/22/2015.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 17.
Ark. Code Ann. § 12-8-128 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-128
Health insurance program reporting
Status: in_force

(a) The Division of Arkansas State Police shall report monthly concerning the activity and condition of the uniformed employee health insurance plan to the following entities: (1) The Governor; (2) The Chief Fiscal Officer of the State; and (3) The Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (b) The monthly report under subsection (a) of this section shall include without limitation: (1) The beginning reserve fund balance; (2) Contributions made during the month; (3) Claims paid; and (4) The ending fund balance of the month. (c) If the Director of the Division of Arkansas State Police determines that the cost to adequately maintain the uniformed employee health insurance plan is not feasible within the existing resources available to the division, the Legislative Council shall study the feasibility and desirability of discontinuing the uniformed employee health insurance plan and instead providing medical and hospital insurance to uniformed employees of the division through the State and Public School Life and Health Insurance Program. Added by Act 2023, No. 803,§ 47, eff. 7/1/2023.

(a) The Division of Arkansas State Police shall report monthly concerning the activity and condition of the uniformed employee health insurance plan to the following entities: (1) The Governor; (2) The Chief Fiscal Officer of the State; and (3) The Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) The Governor;

(2) The Chief Fiscal Officer of the State; and

(3) The Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(b) The monthly report under subsection (a) of this section shall include without limitation: (1) The beginning reserve fund balance; (2) Contributions made during the month; (3) Claims paid; and (4) The ending fund balance of the month.

(1) The beginning reserve fund balance;

(2) Contributions made during the month;

(3) Claims paid; and

(4) The ending fund balance of the month.

(c) If the Director of the Division of Arkansas State Police determines that the cost to adequately maintain the uniformed employee health insurance plan is not feasible within the existing resources available to the division, the Legislative Council shall study the feasibility and desirability of discontinuing the uniformed employee health insurance plan and instead providing medical and hospital insurance to uniformed employees of the division through the State and Public School Life and Health Insurance Program.

Added by Act 2023, No. 803,§ 47, eff. 7/1/2023.
Ark. Code Ann. § 12-12-320 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-320
Autopsies - Removal of pituitary gland
Status: in_force

(a) The State Medical Examiner and his or her assistants may remove the pituitary gland during the course of an autopsy and donate the pituitary gland to an appropriate organization. (b) However, the pituitary gland shall not be removed under the authority of this section if the next of kin or the person having the right to control the disposition of the decedent's remains objects. Acts 1981, No. 984, § 1; A.S.A. 1947, § 42-1213.2; Acts 2011, No. 779, § 10.

(a) The State Medical Examiner and his or her assistants may remove the pituitary gland during the course of an autopsy and donate the pituitary gland to an appropriate organization.

(b) However, the pituitary gland shall not be removed under the authority of this section if the next of kin or the person having the right to control the disposition of the decedent's remains objects.

Acts 1981, No. 984, § 1; A.S.A. 1947, § 42-1213.2; Acts 2011, No. 779, § 10.
Ark. Code Ann. § 12-41-711 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-711
Bonds - Liability on
Status: in_force

(a) (1) Bonds issued pursuant to this subchapter shall be obligations only of the issuing county jail board, municipal jail board, or public instrumentality jail board. (2) In no event shall they constitute any indebtedness for which the faith and credit of the county, municipality, or public instrumentality that created the board, any of their respective revenues, or of the State of Arkansas or any of its revenues, as used in Arkansas Constitution, Amendment 20, are pledged except that the fines and penalties described under this subchapter may be pledged. (b) The bonds shall not be secured by a mortgage or lien on any land, buildings, or property belonging to the county, municipality, or public instrumentality that created the board but may be secured by the real and personal property owned by the board and all other revenues of whatever nature that are received by the board or otherwise generated as a result of the board's activities. (c) No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into or action taken in carrying out the powers, purposes, or authority of this subchapter or of the ordinance or resolution adopted by the quorum court or governing body of the municipality or public instrumentality unless he or she shall have acted with a corrupt intent. Acts 1983, No. 918, § 11; A.S.A. 1947, § 46-457; Acts 2003, No. 1772, § 1.

(a) (1) Bonds issued pursuant to this subchapter shall be obligations only of the issuing county jail board, municipal jail board, or public instrumentality jail board. (2) In no event shall they constitute any indebtedness for which the faith and credit of the county, municipality, or public instrumentality that created the board, any of their respective revenues, or of the State of Arkansas or any of its revenues, as used in Arkansas Constitution, Amendment 20, are pledged except that the fines and penalties described under this subchapter may be pledged.

(1) Bonds issued pursuant to this subchapter shall be obligations only of the issuing county jail board, municipal jail board, or public instrumentality jail board.

(2) In no event shall they constitute any indebtedness for which the faith and credit of the county, municipality, or public instrumentality that created the board, any of their respective revenues, or of the State of Arkansas or any of its revenues, as used in Arkansas Constitution, Amendment 20, are pledged except that the fines and penalties described under this subchapter may be pledged.

(b) The bonds shall not be secured by a mortgage or lien on any land, buildings, or property belonging to the county, municipality, or public instrumentality that created the board but may be secured by the real and personal property owned by the board and all other revenues of whatever nature that are received by the board or otherwise generated as a result of the board's activities.

(c) No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into or action taken in carrying out the powers, purposes, or authority of this subchapter or of the ordinance or resolution adopted by the quorum court or governing body of the municipality or public instrumentality unless he or she shall have acted with a corrupt intent.

Acts 1983, No. 918, § 11; A.S.A. 1947, § 46-457; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-12-220 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-220
Registry of certain sentencing orders
Status: in_force

(a) The Arkansas Crime Information Center shall maintain a registry of all sentencing orders that include delayed release under § 5-4-405 . (b) Upon the entry of a sentencing order requiring delayed release under § 5-4-405 , a prosecuting attorney shall furnish a copy to the center in a manner prescribed by the Supervisory Board for the Arkansas Crime Information Center. (c) Data collected under this section shall be disseminated upon request to a federal, state, or local law enforcement agency, a political subdivision of the state, a state agency, the Bureau of Legislative Research, or the Attorney General. Added by Act 2021, No. 681,§ 4, eff. 7/28/2021.

(a) The Arkansas Crime Information Center shall maintain a registry of all sentencing orders that include delayed release under § 5-4-405 .

(b) Upon the entry of a sentencing order requiring delayed release under § 5-4-405 , a prosecuting attorney shall furnish a copy to the center in a manner prescribed by the Supervisory Board for the Arkansas Crime Information Center.

(c) Data collected under this section shall be disseminated upon request to a federal, state, or local law enforcement agency, a political subdivision of the state, a state agency, the Bureau of Legislative Research, or the Attorney General.

Added by Act 2021, No. 681,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 12-42-115 — AR Code / Title 12 / Chapter 42 / Section 12-42-115
Records of inmates
Status: in_force

(a) The county court shall cause a record of all its proceedings under §§ 12-42-101 , 12-42-109 , 12-42-110 , 12-42-112 , 12-42-113 , and this section to be recorded in a well-bound book to be provided for that purpose. The record shall contain: (1) A descriptive list of all persons known as county inmates; (2) How the inmate has been or is employed; (3) The name of the party or parties hiring the inmate; (4) The time when and the price at which the inmate has been employed; (5) The amount paid or allowed for the employed or hired inmate; (6) The amount due by the inmate as fine and costs; and (7) Such other information as may be necessary and required under the rules adopted by the court. (b) It shall be the duty of the contractor or superintendent to keep a record in which shall be stated the name of the prisoner, his or her height, race, age, complexion, color of eyes and hair, time of commitment, and the punishment adjudged by the court or justice, as well as the number of days the inmate may be held to labor and a record of the days worked by the prisoner. Amended by Act 2013, No. 295,§ 12, eff. 8/16/2013. Acts 1877, No. 73, § 13, p. 73; 1881, No. 81, § 15, p. 148; 1883, No. 78, § 4, p. 125; C. & M. Dig., §§ 2058, 2090; Pope's Dig., §§ 2660, 2692; A.S.A. 1947, §§ 46-514; 46-518.

(a) The county court shall cause a record of all its proceedings under §§ 12-42-101 , 12-42-109 , 12-42-110 , 12-42-112 , 12-42-113 , and this section to be recorded in a well-bound book to be provided for that purpose. The record shall contain: (1) A descriptive list of all persons known as county inmates; (2) How the inmate has been or is employed; (3) The name of the party or parties hiring the inmate; (4) The time when and the price at which the inmate has been employed; (5) The amount paid or allowed for the employed or hired inmate; (6) The amount due by the inmate as fine and costs; and (7) Such other information as may be necessary and required under the rules adopted by the court.

(1) A descriptive list of all persons known as county inmates;

(2) How the inmate has been or is employed;

(3) The name of the party or parties hiring the inmate;

(4) The time when and the price at which the inmate has been employed;

(5) The amount paid or allowed for the employed or hired inmate;

(6) The amount due by the inmate as fine and costs; and

(7) Such other information as may be necessary and required under the rules adopted by the court.

(b) It shall be the duty of the contractor or superintendent to keep a record in which shall be stated the name of the prisoner, his or her height, race, age, complexion, color of eyes and hair, time of commitment, and the punishment adjudged by the court or justice, as well as the number of days the inmate may be held to labor and a record of the days worked by the prisoner.

Amended by Act 2013, No. 295,§ 12, eff. 8/16/2013.

Acts 1877, No. 73, § 13, p. 73; 1881, No. 81, § 15, p. 148; 1883, No. 78, § 4, p. 125; C. & M. Dig., §§ 2058, 2090; Pope's Dig., §§ 2660, 2692; A.S.A. 1947, §§ 46-514; 46-518.
Ark. Code Ann. § 12-12-1115 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1115
Prohibition against disclosure
Status: in_force

(a) (1) Any person who by virtue of employment or official position or any person contracting to carry out any functions under this subchapter, including any officers, employees, and agents of this contractor who has possession of or access to individually identifiable DNA information contained in the State DNA Data Base or State DNA Data Bank shall not disclose the information in any manner to any person or agency not entitled to receive it, knowing that the person is not entitled to receive it. (2) No person shall obtain individually identifiable DNA information from the data base or the data bank without authorization to do so. (3) In order to maintain the computer system security of the State Crime Laboratory, data base, and data bank program, the computer software, and data-base structures used by the laboratory to implement this subchapter are confidential. (b) Any person who knowingly violates this section is guilty of a Class D felony. Acts 1997, No. 737, § 15; 2003, No. 1470, § 5; 2009, No. 974, § 12.

(a) (1) Any person who by virtue of employment or official position or any person contracting to carry out any functions under this subchapter, including any officers, employees, and agents of this contractor who has possession of or access to individually identifiable DNA information contained in the State DNA Data Base or State DNA Data Bank shall not disclose the information in any manner to any person or agency not entitled to receive it, knowing that the person is not entitled to receive it. (2) No person shall obtain individually identifiable DNA information from the data base or the data bank without authorization to do so. (3) In order to maintain the computer system security of the State Crime Laboratory, data base, and data bank program, the computer software, and data-base structures used by the laboratory to implement this subchapter are confidential.

(1) Any person who by virtue of employment or official position or any person contracting to carry out any functions under this subchapter, including any officers, employees, and agents of this contractor who has possession of or access to individually identifiable DNA information contained in the State DNA Data Base or State DNA Data Bank shall not disclose the information in any manner to any person or agency not entitled to receive it, knowing that the person is not entitled to receive it.

(2) No person shall obtain individually identifiable DNA information from the data base or the data bank without authorization to do so.

(3) In order to maintain the computer system security of the State Crime Laboratory, data base, and data bank program, the computer software, and data-base structures used by the laboratory to implement this subchapter are confidential.

(b) Any person who knowingly violates this section is guilty of a Class D felony.

Acts 1997, No. 737, § 15; 2003, No. 1470, § 5; 2009, No. 974, § 12.
Ark. Code Ann. § 12-75-118 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-118
Local and interjurisdictional offices of emergency management and services
Status: in_force

(a) (1) Each political subdivision within this state shall be within the jurisdiction of and served by the Division of Emergency Management and by a local office of emergency management or interjurisdictional office of emergency management. (2) A local office of emergency management or interjurisdictional office of emergency management shall be established as a public safety agency of its respective political subdivision or political subdivisions and shall be under the direction and control of the appropriate chief executive for the purposes of mitigation of, planning for, response to, and recovery from disaster and major emergency occurrences and for operation of public safety information networks. (b) (1) Each county within the state and those municipalities specifically designated by the Governor shall establish, fund, and maintain an established local office of emergency management or, as necessary, make arrangements through an interjurisdictional agreement to receive emergency management. (2) Unless a municipality has been specifically designated as a local office of emergency management, it shall receive emergency management support from the county or counties where its corporate limits are situated. (c) (1) The Governor shall determine if additional municipal local offices of emergency management or interjurisdictional offices of emergency management are required based on an assessment conducted by the Director of the Division of Emergency Management using one (1) or more of the factors enumerated in § 12-75-117(a) . (2) The division shall publish and keep current a list of municipalities required to have local offices of emergency management or interjurisdictional offices of emergency management under this subsection. (d) The Governor may require a political subdivision to establish and maintain a local office of emergency management or an interjurisdictional office of emergency management jointly with one (1) or more contiguous political subdivisions if he or she finds that the establishment and maintenance of any agency or participation in an agency is made necessary by circumstances or conditions that make it unusually difficult to provide disaster or major emergency prevention, preparedness, response, or recovery services under other provisions of this chapter. (e) Each political subdivision that does not have a local office of emergency management and has not made arrangements to secure or participate in the emergency management of an agency shall have a liaison officer designated to facilitate the cooperation and protection of that political subdivision in the work of disaster and major emergency prevention, preparedness, response, and recovery. (f) (1) The chief executive of each political subdivision shall exercise comparable authority within his or her political subdivision, and within the limits of the Arkansas Constitution and laws of the state, as the Governor exercises over the state government during disasters and major emergencies. The chief executive shall ensure to the maximum extent possible, that his or her jurisdiction meets the minimum expected capability for disaster and emergency mitigation, planning, response, and recovery. (2) The chief executive of a political subdivision shall notify the division of the manner in which the political subdivision is providing or securing disaster planning and emergency management, provide a staffing pattern for the local office of emergency management, identify the person who heads the local office of emergency management, and furnish additional information relating thereto as the division requires. (g) (1) Each local office of emergency management and interjurisdictional office of emergency management shall prepare and keep current an emergency operations plan for its area. (2) (A) The emergency operations plan and all annexes must be approved by the local office of emergency management of the political subdivision and receive concurrence of the chief executive of the political subdivision. (B) The emergency operations plan shall then be submitted to the division for approval prior to implementation. (h) The local office of emergency management or interjurisdictional office of emergency management, as the case may be, shall prepare a clear and complete statement of the emergency responsibilities of all local agencies and officials and of the disaster and major emergency chain of command. This statement shall be distributed to all appropriate officials in written form. (i) (1) (A) The county judge of each county and the chief executive of those municipal jurisdictions specifically designated as established local offices of emergency management shall appoint an emergency management coordinator for their respective local offices of emergency management. (B) The written mutual interjurisdictional agreement between the participating jurisdictions in an interjurisdictional office of emergency management, executed under § 12-75-117(a) , shall govern the appointment of the emergency management coordinator of the interjurisdictional office of emergency management. (C) The emergency management coordinator shall act for and on behalf of the appropriate chief executive to manage and coordinate the functions, duties, and activities of the established local office of emergency management. (2) The emergency management coordinator and such supporting staff of an established local office of emergency management as may be employed in part, or in whole, by state and federal emergency management program funds, shall be responsible for meeting all standards and requirements stipulated for funding under the programs. (3) (A) The director shall establish and periodically review criteria necessary to ensure compliance with minimum standards and requirements. (B) Failure to meet or maintain minimum standards and requirements or noncompliance with any part of this chapter by an established local office of emergency management may result in a decision by the director to reduce, withhold, or terminate partial or full funding for any or all local offices of emergency management programs in which the political subdivision participates or for which it may be otherwise eligible. (j) (1) Local offices of emergency management shall operate and maintain as a minimum an information systems link with the division. (2) (A) When authorized by the chief executive of the political subdivision and properly staffed, the local office of emergency management may operate a public safety communications center for the purposes of coordination, dispatch, and information services for local government public safety agencies and private or volunteer agencies with an emergency management mission. (B) The public safety communications center must be staffed by paid local office of emergency management public safety officers of the political subdivision and operate on a continuous basis if it is to serve as a law enforcement or fire dispatch and service center. Amended by Act 2019, No. 910,§ 5894, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5893, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5892, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5891, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5890, eff. 7/1/2019. Acts 1973, No. 511, § 10; 1977, No. 408, § 4; 1985, No. 687, § 7; 1985, No. 978, § 7; A.S.A. 1947, § 11-1943; Acts 1993, No. 1049, § 6; 1999, No. 646, §§ 26-31; 2007, No. 197, § 13; 2009, No. 165, § 44.

(a) (1) Each political subdivision within this state shall be within the jurisdiction of and served by the Division of Emergency Management and by a local office of emergency management or interjurisdictional office of emergency management. (2) A local office of emergency management or interjurisdictional office of emergency management shall be established as a public safety agency of its respective political subdivision or political subdivisions and shall be under the direction and control of the appropriate chief executive for the purposes of mitigation of, planning for, response to, and recovery from disaster and major emergency occurrences and for operation of public safety information networks.

(1) Each political subdivision within this state shall be within the jurisdiction of and served by the Division of Emergency Management and by a local office of emergency management or interjurisdictional office of emergency management.

(2) A local office of emergency management or interjurisdictional office of emergency management shall be established as a public safety agency of its respective political subdivision or political subdivisions and shall be under the direction and control of the appropriate chief executive for the purposes of mitigation of, planning for, response to, and recovery from disaster and major emergency occurrences and for operation of public safety information networks.

(b) (1) Each county within the state and those municipalities specifically designated by the Governor shall establish, fund, and maintain an established local office of emergency management or, as necessary, make arrangements through an interjurisdictional agreement to receive emergency management. (2) Unless a municipality has been specifically designated as a local office of emergency management, it shall receive emergency management support from the county or counties where its corporate limits are situated.

(1) Each county within the state and those municipalities specifically designated by the Governor shall establish, fund, and maintain an established local office of emergency management or, as necessary, make arrangements through an interjurisdictional agreement to receive emergency management.

(2) Unless a municipality has been specifically designated as a local office of emergency management, it shall receive emergency management support from the county or counties where its corporate limits are situated.

(c) (1) The Governor shall determine if additional municipal local offices of emergency management or interjurisdictional offices of emergency management are required based on an assessment conducted by the Director of the Division of Emergency Management using one (1) or more of the factors enumerated in § 12-75-117(a) . (2) The division shall publish and keep current a list of municipalities required to have local offices of emergency management or interjurisdictional offices of emergency management under this subsection.

(1) The Governor shall determine if additional municipal local offices of emergency management or interjurisdictional offices of emergency management are required based on an assessment conducted by the Director of the Division of Emergency Management using one (1) or more of the factors enumerated in § 12-75-117(a) .

(2) The division shall publish and keep current a list of municipalities required to have local offices of emergency management or interjurisdictional offices of emergency management under this subsection.

(d) The Governor may require a political subdivision to establish and maintain a local office of emergency management or an interjurisdictional office of emergency management jointly with one (1) or more contiguous political subdivisions if he or she finds that the establishment and maintenance of any agency or participation in an agency is made necessary by circumstances or conditions that make it unusually difficult to provide disaster or major emergency prevention, preparedness, response, or recovery services under other provisions of this chapter.

(e) Each political subdivision that does not have a local office of emergency management and has not made arrangements to secure or participate in the emergency management of an agency shall have a liaison officer designated to facilitate the cooperation and protection of that political subdivision in the work of disaster and major emergency prevention, preparedness, response, and recovery.

(f) (1) The chief executive of each political subdivision shall exercise comparable authority within his or her political subdivision, and within the limits of the Arkansas Constitution and laws of the state, as the Governor exercises over the state government during disasters and major emergencies. The chief executive shall ensure to the maximum extent possible, that his or her jurisdiction meets the minimum expected capability for disaster and emergency mitigation, planning, response, and recovery. (2) The chief executive of a political subdivision shall notify the division of the manner in which the political subdivision is providing or securing disaster planning and emergency management, provide a staffing pattern for the local office of emergency management, identify the person who heads the local office of emergency management, and furnish additional information relating thereto as the division requires.

(1) The chief executive of each political subdivision shall exercise comparable authority within his or her political subdivision, and within the limits of the Arkansas Constitution and laws of the state, as the Governor exercises over the state government during disasters and major emergencies. The chief executive shall ensure to the maximum extent possible, that his or her jurisdiction meets the minimum expected capability for disaster and emergency mitigation, planning, response, and recovery.

(2) The chief executive of a political subdivision shall notify the division of the manner in which the political subdivision is providing or securing disaster planning and emergency management, provide a staffing pattern for the local office of emergency management, identify the person who heads the local office of emergency management, and furnish additional information relating thereto as the division requires.

(g) (1) Each local office of emergency management and interjurisdictional office of emergency management shall prepare and keep current an emergency operations plan for its area. (2) (A) The emergency operations plan and all annexes must be approved by the local office of emergency management of the political subdivision and receive concurrence of the chief executive of the political subdivision. (B) The emergency operations plan shall then be submitted to the division for approval prior to implementation.

(1) Each local office of emergency management and interjurisdictional office of emergency management shall prepare and keep current an emergency operations plan for its area.

(2) (A) The emergency operations plan and all annexes must be approved by the local office of emergency management of the political subdivision and receive concurrence of the chief executive of the political subdivision. (B) The emergency operations plan shall then be submitted to the division for approval prior to implementation.

(A) The emergency operations plan and all annexes must be approved by the local office of emergency management of the political subdivision and receive concurrence of the chief executive of the political subdivision.

(B) The emergency operations plan shall then be submitted to the division for approval prior to implementation.

(h) The local office of emergency management or interjurisdictional office of emergency management, as the case may be, shall prepare a clear and complete statement of the emergency responsibilities of all local agencies and officials and of the disaster and major emergency chain of command. This statement shall be distributed to all appropriate officials in written form.

(i) (1) (A) The county judge of each county and the chief executive of those municipal jurisdictions specifically designated as established local offices of emergency management shall appoint an emergency management coordinator for their respective local offices of emergency management. (B) The written mutual interjurisdictional agreement between the participating jurisdictions in an interjurisdictional office of emergency management, executed under § 12-75-117(a) , shall govern the appointment of the emergency management coordinator of the interjurisdictional office of emergency management. (C) The emergency management coordinator shall act for and on behalf of the appropriate chief executive to manage and coordinate the functions, duties, and activities of the established local office of emergency management. (2) The emergency management coordinator and such supporting staff of an established local office of emergency management as may be employed in part, or in whole, by state and federal emergency management program funds, shall be responsible for meeting all standards and requirements stipulated for funding under the programs. (3) (A) The director shall establish and periodically review criteria necessary to ensure compliance with minimum standards and requirements. (B) Failure to meet or maintain minimum standards and requirements or noncompliance with any part of this chapter by an established local office of emergency management may result in a decision by the director to reduce, withhold, or terminate partial or full funding for any or all local offices of emergency management programs in which the political subdivision participates or for which it may be otherwise eligible.

(1) (A) The county judge of each county and the chief executive of those municipal jurisdictions specifically designated as established local offices of emergency management shall appoint an emergency management coordinator for their respective local offices of emergency management. (B) The written mutual interjurisdictional agreement between the participating jurisdictions in an interjurisdictional office of emergency management, executed under § 12-75-117(a) , shall govern the appointment of the emergency management coordinator of the interjurisdictional office of emergency management. (C) The emergency management coordinator shall act for and on behalf of the appropriate chief executive to manage and coordinate the functions, duties, and activities of the established local office of emergency management.

(A) The county judge of each county and the chief executive of those municipal jurisdictions specifically designated as established local offices of emergency management shall appoint an emergency management coordinator for their respective local offices of emergency management.

(B) The written mutual interjurisdictional agreement between the participating jurisdictions in an interjurisdictional office of emergency management, executed under § 12-75-117(a) , shall govern the appointment of the emergency management coordinator of the interjurisdictional office of emergency management.

(C) The emergency management coordinator shall act for and on behalf of the appropriate chief executive to manage and coordinate the functions, duties, and activities of the established local office of emergency management.

(2) The emergency management coordinator and such supporting staff of an established local office of emergency management as may be employed in part, or in whole, by state and federal emergency management program funds, shall be responsible for meeting all standards and requirements stipulated for funding under the programs.

(3) (A) The director shall establish and periodically review criteria necessary to ensure compliance with minimum standards and requirements. (B) Failure to meet or maintain minimum standards and requirements or noncompliance with any part of this chapter by an established local office of emergency management may result in a decision by the director to reduce, withhold, or terminate partial or full funding for any or all local offices of emergency management programs in which the political subdivision participates or for which it may be otherwise eligible.

(A) The director shall establish and periodically review criteria necessary to ensure compliance with minimum standards and requirements.

(B) Failure to meet or maintain minimum standards and requirements or noncompliance with any part of this chapter by an established local office of emergency management may result in a decision by the director to reduce, withhold, or terminate partial or full funding for any or all local offices of emergency management programs in which the political subdivision participates or for which it may be otherwise eligible.

(j) (1) Local offices of emergency management shall operate and maintain as a minimum an information systems link with the division. (2) (A) When authorized by the chief executive of the political subdivision and properly staffed, the local office of emergency management may operate a public safety communications center for the purposes of coordination, dispatch, and information services for local government public safety agencies and private or volunteer agencies with an emergency management mission. (B) The public safety communications center must be staffed by paid local office of emergency management public safety officers of the political subdivision and operate on a continuous basis if it is to serve as a law enforcement or fire dispatch and service center.

(1) Local offices of emergency management shall operate and maintain as a minimum an information systems link with the division.

(2) (A) When authorized by the chief executive of the political subdivision and properly staffed, the local office of emergency management may operate a public safety communications center for the purposes of coordination, dispatch, and information services for local government public safety agencies and private or volunteer agencies with an emergency management mission. (B) The public safety communications center must be staffed by paid local office of emergency management public safety officers of the political subdivision and operate on a continuous basis if it is to serve as a law enforcement or fire dispatch and service center.

(A) When authorized by the chief executive of the political subdivision and properly staffed, the local office of emergency management may operate a public safety communications center for the purposes of coordination, dispatch, and information services for local government public safety agencies and private or volunteer agencies with an emergency management mission.

(B) The public safety communications center must be staffed by paid local office of emergency management public safety officers of the political subdivision and operate on a continuous basis if it is to serve as a law enforcement or fire dispatch and service center.

Amended by Act 2019, No. 910,§ 5894, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5893, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5892, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5891, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5890, eff. 7/1/2019.

Acts 1973, No. 511, § 10; 1977, No. 408, § 4; 1985, No. 687, § 7; 1985, No. 978, § 7; A.S.A. 1947, § 11-1943; Acts 1993, No. 1049, § 6; 1999, No. 646, §§ 26-31; 2007, No. 197, § 13; 2009, No. 165, § 44.
Ark. Code Ann. § 12-64-101 — AR Code / Title 12 / Chapter 64 / Subchapter 1 / Section 12-64-101
Territorial applicability
Status: in_force

(a) This code applies to all persons while they are serving inside or outside the state. (b) Courts-martial may be convened and held in units of the organized militia while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state. Amended by Act 2015, No. 1003,§ 4, eff. 7/22/2015. Acts 1969, No. 50, § 50; A.S.A. 1947, § 11-605.

(a) This code applies to all persons while they are serving inside or outside the state.

(b) Courts-martial may be convened and held in units of the organized militia while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.

Amended by Act 2015, No. 1003,§ 4, eff. 7/22/2015.

Acts 1969, No. 50, § 50; A.S.A. 1947, § 11-605.
Ark. Code Ann. § 12-41-612 — AR Code / Title 12 / Chapter 41 / Subchapter 6 / Section 12-41-612
Bonds - Liability on
Status: in_force

(a) Bonds issued pursuant to this subchapter shall be obligations only of the county jail board, and in no event shall they constitute any indebtedness for which the faith and credit of the county issuing the bonds or any of its revenues, or of the state or any of its revenues, as used in Arkansas Constitution, Amendment 20, are pledged. (b) The bonds shall not be secured by a mortgage or lien on any land, buildings, or property belonging to the county. (c) No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into or action taken in carrying out the powers, purposes, or authority of this subchapter or of the ordinance adopted by the quorum court unless he or she shall have acted with a corrupt intent. Acts 1981, No. 879, § 7; A.S.A. 1947, § 46-435.

(a) Bonds issued pursuant to this subchapter shall be obligations only of the county jail board, and in no event shall they constitute any indebtedness for which the faith and credit of the county issuing the bonds or any of its revenues, or of the state or any of its revenues, as used in Arkansas Constitution, Amendment 20, are pledged.

(b) The bonds shall not be secured by a mortgage or lien on any land, buildings, or property belonging to the county.

(c) No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into or action taken in carrying out the powers, purposes, or authority of this subchapter or of the ordinance adopted by the quorum court unless he or she shall have acted with a corrupt intent.

Acts 1981, No. 879, § 7; A.S.A. 1947, § 46-435.
Ark. Code Ann. § 12-41-105 — AR Code / Title 12 / Chapter 41 / Subchapter 1 / Section 12-41-105
Commissions from inmate telephone services and profits from inmate commissary services
Status: in_force

(a) (1) (A) Commissions derived from inmate telephone services, if the inmate telephone service is provided by the county or regional detention facility, and profits earned from inmate commissary services provided in the various county and regional detention facilities in the state shall be deposited with the county treasurer of the county in which the county or regional detention facility is located. (B) The county treasurer shall credit the funds collected under subdivision (a)(1)(A) of this section to the county sheriff's office fund. (2) (A) The county sheriff's office fund is an agency fund defined by the County Financial Management System as a fund used to account for funds held by the county treasurer as an agent for a governmental unit until transferred by check or county court order to the county sheriff or other governmental unit for the intended uses of the funds. (B) The transfer of funds to the county sheriff or other governmental unit under this subsection is not subject to an appropriation by the quorum court or to the county claims process. (3) Arkansas Legislative Audit shall review actions described in this subsection for substantial compliance with this section. (b) (1) Of the commissions and profits deposited into the county sheriff's office fund in each county under subsection (a) of this section, one hundred percent (100%) shall be credited to the county sheriff's office communications facility and equipment fund under § 21-6-307 . (2) Each county sheriff's office shall allocate for the maintenance and operation of the county jail up to seventy-five percent (75%) of the commissions and profits deposited into the county sheriff's office communications facility and equipment fund. (c) This section does not apply to funds derived from inmate telephone services or inmate commissary services provided in Division of Correction facilities or Division of Community Correction facilities or in municipally owned detention facilities or in county detention facilities in counties with a population of one hundred seventy-five thousand (175,000) or more according to the latest federal decennial census. (d) For an inmate making an intrastate telephone call from a regional or local detention facility: (1) The cost per minute shall be thirty cents (30¢) or no more than the maximum cost per minute of an interstate inmate telephone call as determined by the Federal Communications Commission as of January 1, 2021, whichever is higher; and (2) Ancillary service charges shall not be permitted except an ancillary service charge of a type and up to an amount authorized by the Federal Communications Commission for an interstate inmate telephone call as of January 1, 2021. Amended by Act 2021, No. 702,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 372,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 837, eff. 7/1/2019. Amended by Act 2017, No. 250,§ 26, eff. 8/1/2017. Amended by Act 2015, No. 741,§ 1, eff. 1/1/2016. Acts 1995, No. 996, §§ 1, 2; 1997, No. 520, § 1; 1997, No. 1287, § 1.

(a) (1) (A) Commissions derived from inmate telephone services, if the inmate telephone service is provided by the county or regional detention facility, and profits earned from inmate commissary services provided in the various county and regional detention facilities in the state shall be deposited with the county treasurer of the county in which the county or regional detention facility is located. (B) The county treasurer shall credit the funds collected under subdivision (a)(1)(A) of this section to the county sheriff's office fund. (2) (A) The county sheriff's office fund is an agency fund defined by the County Financial Management System as a fund used to account for funds held by the county treasurer as an agent for a governmental unit until transferred by check or county court order to the county sheriff or other governmental unit for the intended uses of the funds. (B) The transfer of funds to the county sheriff or other governmental unit under this subsection is not subject to an appropriation by the quorum court or to the county claims process. (3) Arkansas Legislative Audit shall review actions described in this subsection for substantial compliance with this section.

(1) (A) Commissions derived from inmate telephone services, if the inmate telephone service is provided by the county or regional detention facility, and profits earned from inmate commissary services provided in the various county and regional detention facilities in the state shall be deposited with the county treasurer of the county in which the county or regional detention facility is located. (B) The county treasurer shall credit the funds collected under subdivision (a)(1)(A) of this section to the county sheriff's office fund.

(A) Commissions derived from inmate telephone services, if the inmate telephone service is provided by the county or regional detention facility, and profits earned from inmate commissary services provided in the various county and regional detention facilities in the state shall be deposited with the county treasurer of the county in which the county or regional detention facility is located.

(B) The county treasurer shall credit the funds collected under subdivision (a)(1)(A) of this section to the county sheriff's office fund.

(2) (A) The county sheriff's office fund is an agency fund defined by the County Financial Management System as a fund used to account for funds held by the county treasurer as an agent for a governmental unit until transferred by check or county court order to the county sheriff or other governmental unit for the intended uses of the funds. (B) The transfer of funds to the county sheriff or other governmental unit under this subsection is not subject to an appropriation by the quorum court or to the county claims process.

(A) The county sheriff's office fund is an agency fund defined by the County Financial Management System as a fund used to account for funds held by the county treasurer as an agent for a governmental unit until transferred by check or county court order to the county sheriff or other governmental unit for the intended uses of the funds.

(B) The transfer of funds to the county sheriff or other governmental unit under this subsection is not subject to an appropriation by the quorum court or to the county claims process.

(3) Arkansas Legislative Audit shall review actions described in this subsection for substantial compliance with this section.

(b) (1) Of the commissions and profits deposited into the county sheriff's office fund in each county under subsection (a) of this section, one hundred percent (100%) shall be credited to the county sheriff's office communications facility and equipment fund under § 21-6-307 . (2) Each county sheriff's office shall allocate for the maintenance and operation of the county jail up to seventy-five percent (75%) of the commissions and profits deposited into the county sheriff's office communications facility and equipment fund.

(1) Of the commissions and profits deposited into the county sheriff's office fund in each county under subsection (a) of this section, one hundred percent (100%) shall be credited to the county sheriff's office communications facility and equipment fund under § 21-6-307 .

(2) Each county sheriff's office shall allocate for the maintenance and operation of the county jail up to seventy-five percent (75%) of the commissions and profits deposited into the county sheriff's office communications facility and equipment fund.

(c) This section does not apply to funds derived from inmate telephone services or inmate commissary services provided in Division of Correction facilities or Division of Community Correction facilities or in municipally owned detention facilities or in county detention facilities in counties with a population of one hundred seventy-five thousand (175,000) or more according to the latest federal decennial census.

(d) For an inmate making an intrastate telephone call from a regional or local detention facility: (1) The cost per minute shall be thirty cents (30¢) or no more than the maximum cost per minute of an interstate inmate telephone call as determined by the Federal Communications Commission as of January 1, 2021, whichever is higher; and (2) Ancillary service charges shall not be permitted except an ancillary service charge of a type and up to an amount authorized by the Federal Communications Commission for an interstate inmate telephone call as of January 1, 2021.

(1) The cost per minute shall be thirty cents (30¢) or no more than the maximum cost per minute of an interstate inmate telephone call as determined by the Federal Communications Commission as of January 1, 2021, whichever is higher; and

(2) Ancillary service charges shall not be permitted except an ancillary service charge of a type and up to an amount authorized by the Federal Communications Commission for an interstate inmate telephone call as of January 1, 2021.

Amended by Act 2021, No. 702,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 372,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 837, eff. 7/1/2019.

Amended by Act 2017, No. 250,§ 26, eff. 8/1/2017.

Amended by Act 2015, No. 741,§ 1, eff. 1/1/2016.

Acts 1995, No. 996, §§ 1, 2; 1997, No. 520, § 1; 1997, No. 1287, § 1.
Ark. Code Ann. § 12-12-209 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-209
Duty to furnish data
Status: in_force

(a) (1) It shall be the duty of all county sheriffs, chiefs of police, city marshals, correction officials, prosecuting attorneys, court clerks, and other state, county, and local officials and agencies so directed to furnish the Arkansas Crime Information Center all data required by this subchapter. (2) Upon filing of an order under § 5-2-310(b) or an order of commitment entered pursuant to § 5-2-314(b) , § 20-47-214 , or § 20-47-215 with a circuit clerk or a probate clerk, the circuit clerk or probate clerk shall submit a copy of the order of commitment to the center. (b) The data shall be furnished to the center in a manner prescribed by the Supervisory Board for the Arkansas Crime Information Center. (c) A county sheriff, chief of police, city marshal, correction official, prosecuting attorney, court clerk, or other state, county, or local official who knowingly fails to comply with this subchapter or any rule issued by the board carrying out this subchapter upon conviction is guilty of a violation and shall be punished by a fine not exceeding five hundred dollars ($500). Acts 1971, No. 286, § 7; 1975, No. 742, §§ 7, 8; A.S.A. 1947, §§ 5-1107, 5-1111; 2007, No. 463, § 3; 2009, No. 165, § 2.

(a) (1) It shall be the duty of all county sheriffs, chiefs of police, city marshals, correction officials, prosecuting attorneys, court clerks, and other state, county, and local officials and agencies so directed to furnish the Arkansas Crime Information Center all data required by this subchapter. (2) Upon filing of an order under § 5-2-310(b) or an order of commitment entered pursuant to § 5-2-314(b) , § 20-47-214 , or § 20-47-215 with a circuit clerk or a probate clerk, the circuit clerk or probate clerk shall submit a copy of the order of commitment to the center.

(1) It shall be the duty of all county sheriffs, chiefs of police, city marshals, correction officials, prosecuting attorneys, court clerks, and other state, county, and local officials and agencies so directed to furnish the Arkansas Crime Information Center all data required by this subchapter.

(2) Upon filing of an order under § 5-2-310(b) or an order of commitment entered pursuant to § 5-2-314(b) , § 20-47-214 , or § 20-47-215 with a circuit clerk or a probate clerk, the circuit clerk or probate clerk shall submit a copy of the order of commitment to the center.

(b) The data shall be furnished to the center in a manner prescribed by the Supervisory Board for the Arkansas Crime Information Center.

(c) A county sheriff, chief of police, city marshal, correction official, prosecuting attorney, court clerk, or other state, county, or local official who knowingly fails to comply with this subchapter or any rule issued by the board carrying out this subchapter upon conviction is guilty of a violation and shall be punished by a fine not exceeding five hundred dollars ($500).

Acts 1971, No. 286, § 7; 1975, No. 742, §§ 7, 8; A.S.A. 1947, §§ 5-1107, 5-1111; 2007, No. 463, § 3; 2009, No. 165, § 2.
Ark. Code Ann. § 12-30-105 — AR Code / Title 12 / Chapter 30 / Subchapter 1 / Section 12-30-105
Marketing contracts
Status: in_force

(a) (1) The Division of Correction may enter into marketing contracts with dealers, retailers, distributors, and manufacturer representatives permitting them to market and sell all products and services produced by the Division of Correction industry program in accordance with existing laws and state purchasing rules. (2) The Industry Division of the Division of Correction will be responsible for all billing of purchased products and services to ensure that only customers authorized by law are making said purchases. (b) Reimbursement to companies on contract for marketing of said products and services will be based on rules established by the Board of Corrections. Amended by Act 2019, No. 315,§ 907, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 816, eff. 7/1/2019. Acts 1989 (3rd Ex. Sess.), No. 48, §§ 1, 2.

(a) (1) The Division of Correction may enter into marketing contracts with dealers, retailers, distributors, and manufacturer representatives permitting them to market and sell all products and services produced by the Division of Correction industry program in accordance with existing laws and state purchasing rules. (2) The Industry Division of the Division of Correction will be responsible for all billing of purchased products and services to ensure that only customers authorized by law are making said purchases.

(1) The Division of Correction may enter into marketing contracts with dealers, retailers, distributors, and manufacturer representatives permitting them to market and sell all products and services produced by the Division of Correction industry program in accordance with existing laws and state purchasing rules.

(2) The Industry Division of the Division of Correction will be responsible for all billing of purchased products and services to ensure that only customers authorized by law are making said purchases.

(b) Reimbursement to companies on contract for marketing of said products and services will be based on rules established by the Board of Corrections.

Amended by Act 2019, No. 315,§ 907, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 816, eff. 7/1/2019.

Acts 1989 (3rd Ex. Sess.), No. 48, §§ 1, 2.
Ark. Code Ann. § 12-27-124 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-124
Purposes and construction of the Division of Community Correction
Status: in_force

(a) (1) The purpose of this act is to establish a Division of Community Correction that shall assume the management of all community correction facilities and services, execute the orders of the criminal courts of the State of Arkansas, and provide for the supervision, treatment, rehabilitation, and restoration of adult offenders as useful law-abiding citizens within the community. (2) The division shall be under the supervision and control of the Board of Corrections. (3) To accomplish the objectives and purposes of this act in an effective, coordinated, and uniform manner, the division shall be responsible for the administration of all community correction facilities, services, and means of supervision, including community supervision or any type of post-prison release or transfer. (4) Facilities and services shall be diversified in program, construction, and staff to provide effectually and efficiently for the maximum care, supervision, and treatment of those persons accessing the division. (b) This act shall be liberally construed so as to effectuate its purposes. Amended by Act 2023, No. 659,§ 83, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 742, eff. 7/1/2019. Acts 1993, No. 549, § 7.

(a) (1) The purpose of this act is to establish a Division of Community Correction that shall assume the management of all community correction facilities and services, execute the orders of the criminal courts of the State of Arkansas, and provide for the supervision, treatment, rehabilitation, and restoration of adult offenders as useful law-abiding citizens within the community. (2) The division shall be under the supervision and control of the Board of Corrections. (3) To accomplish the objectives and purposes of this act in an effective, coordinated, and uniform manner, the division shall be responsible for the administration of all community correction facilities, services, and means of supervision, including community supervision or any type of post-prison release or transfer. (4) Facilities and services shall be diversified in program, construction, and staff to provide effectually and efficiently for the maximum care, supervision, and treatment of those persons accessing the division.

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

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

(3) To accomplish the objectives and purposes of this act in an effective, coordinated, and uniform manner, the division shall be responsible for the administration of all community correction facilities, services, and means of supervision, including community supervision or any type of post-prison release or transfer.

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

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

Amended by Act 2023, No. 659,§ 83, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 742, eff. 7/1/2019.

Acts 1993, No. 549, § 7.
Ark. Code Ann. § 12-49-202 — AR Code / Title 12 / Chapter 49 / Subchapter 2 / Section 12-49-202
When compact effective - Exchange of documents
Status: in_force

(a) When the Governor shall have executed the Compact on behalf of this state and, shall have caused a verified copy thereof to be filed with the Secretary of State, and, when the Compact shall have been ratified by one (1) or more of the states named in § 12-49-201 , then the Compact shall become operative and effective as between this state and such other state or states. (b) The Governor is authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state and any other state ratifying the Compact. Acts 1957, No. 361, § 2; A.S.A. 1947, § 46-1002.

(a) When the Governor shall have executed the Compact on behalf of this state and, shall have caused a verified copy thereof to be filed with the Secretary of State, and, when the Compact shall have been ratified by one (1) or more of the states named in § 12-49-201 , then the Compact shall become operative and effective as between this state and such other state or states.

(b) The Governor is authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state and any other state ratifying the Compact.

Acts 1957, No. 361, § 2; A.S.A. 1947, § 46-1002.
Ark. Code Ann. § 12-9-114 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-114
Training concerning sexual assaults
Status: in_force

(a) (1) The Arkansas Commission on Law Enforcement Standards and Training shall require all law enforcement officers to complete a minimum of twenty (20) hours of training concerning sexual assaults as a part of the basic police training course curriculum. (2) Practicum training will be sufficient for this requirement. (b) At a minimum, the training shall cover the following topics: (1) The dynamics of sexual assault; (2) The laws concerning sexual assault; (3) Sexual assault victim interview techniques; and (4) Support services available to sexual assault victims. Acts 2003, No. 509, § 1.

(a) (1) The Arkansas Commission on Law Enforcement Standards and Training shall require all law enforcement officers to complete a minimum of twenty (20) hours of training concerning sexual assaults as a part of the basic police training course curriculum. (2) Practicum training will be sufficient for this requirement.

(1) The Arkansas Commission on Law Enforcement Standards and Training shall require all law enforcement officers to complete a minimum of twenty (20) hours of training concerning sexual assaults as a part of the basic police training course curriculum.

(2) Practicum training will be sufficient for this requirement.

(b) At a minimum, the training shall cover the following topics: (1) The dynamics of sexual assault; (2) The laws concerning sexual assault; (3) Sexual assault victim interview techniques; and (4) Support services available to sexual assault victims.

(1) The dynamics of sexual assault;

(2) The laws concerning sexual assault;

(3) Sexual assault victim interview techniques; and

(4) Support services available to sexual assault victims.

Acts 2003, No. 509, § 1.
Ark. Code Ann. § 12-8-306 — AR Code / Title 12 / Chapter 8 / Subchapter 3 / Section 12-8-306
Submission of contracts and proposals
Status: in_force

The Arkansas State Police Commission shall submit any contract, agreement, or proposal, as authorized by this subchapter, to the Legislative Council prior to any obligation being incurred by the commission for the Legislative Council's advice and counsel. Acts 1985, No. 817, § 6; A.S.A. 1947, § 42-473; Acts 2005, No. 1962, § 26.

The Arkansas State Police Commission shall submit any contract, agreement, or proposal, as authorized by this subchapter, to the Legislative Council prior to any obligation being incurred by the commission for the Legislative Council's advice and counsel.

Acts 1985, No. 817, § 6; A.S.A. 1947, § 42-473; Acts 2005, No. 1962, § 26.
Ark. Code Ann. § 12-32-101 — AR Code / Title 12 / Chapter 32 / Section 12-32-101
Definitions
Status: in_force

As used in this chapter: (1) "Correctional or detention facility" means: (A) A local or state correctional facility or detention facility that has the power to detain or restrain a person under the laws of the state, including a city jail, county jail, or facility operated by the Division of Correction or the Division of Community Correction; or (B) A post-incarceration residential reentry facility designed to house a person on parole; (2) "Detainee" includes a person detained under the immigration laws of the United States; (3) "Inmate" means any person incarcerated in a correctional or detention facility for any reason; (4) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix; (5) "Post-partum" means the eight-week period following delivery of a child, unless a longer period is determined to be necessary by the healthcare professional responsible for the health and safety of the inmate or detainee; and (6) (A) "Restraints" means a physical restraint or mechanical device used to control the movement of an inmate's or detainee's body or limbs, including without limitation: (i) Flex cuffs; (ii) Soft restraints; (iii) Hard metal handcuffs; (iv) A black box; (v) Chubb cuffs; (vi) Leg irons; (vii) Belly chains; (viii) A security tether or chain; (ix) A convex shield; and (x) Restraints connecting more than one (1) inmate or detainee. (B) "Restraints" does not include a door to a room. Amended by Act 2023, No. 659,§ 114, eff. 1/1/2024. Added by Act 2019, No. 566,§ 1, eff. 7/24/2019.

As used in this chapter:

(1) "Correctional or detention facility" means: (A) A local or state correctional facility or detention facility that has the power to detain or restrain a person under the laws of the state, including a city jail, county jail, or facility operated by the Division of Correction or the Division of Community Correction; or (B) A post-incarceration residential reentry facility designed to house a person on parole;

(A) A local or state correctional facility or detention facility that has the power to detain or restrain a person under the laws of the state, including a city jail, county jail, or facility operated by the Division of Correction or the Division of Community Correction; or

(B) A post-incarceration residential reentry facility designed to house a person on parole;

(2) "Detainee" includes a person detained under the immigration laws of the United States;

(3) "Inmate" means any person incarcerated in a correctional or detention facility for any reason;

(4) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix;

(5) "Post-partum" means the eight-week period following delivery of a child, unless a longer period is determined to be necessary by the healthcare professional responsible for the health and safety of the inmate or detainee; and

(6) (A) "Restraints" means a physical restraint or mechanical device used to control the movement of an inmate's or detainee's body or limbs, including without limitation: (i) Flex cuffs; (ii) Soft restraints; (iii) Hard metal handcuffs; (iv) A black box; (v) Chubb cuffs; (vi) Leg irons; (vii) Belly chains; (viii) A security tether or chain; (ix) A convex shield; and (x) Restraints connecting more than one (1) inmate or detainee. (B) "Restraints" does not include a door to a room.

(A) "Restraints" means a physical restraint or mechanical device used to control the movement of an inmate's or detainee's body or limbs, including without limitation: (i) Flex cuffs; (ii) Soft restraints; (iii) Hard metal handcuffs; (iv) A black box; (v) Chubb cuffs; (vi) Leg irons; (vii) Belly chains; (viii) A security tether or chain; (ix) A convex shield; and (x) Restraints connecting more than one (1) inmate or detainee.

(i) Flex cuffs;

(ii) Soft restraints;

(iii) Hard metal handcuffs;

(iv) A black box;

(v) Chubb cuffs;

(vi) Leg irons;

(vii) Belly chains;

(viii) A security tether or chain;

(ix) A convex shield; and

(x) Restraints connecting more than one (1) inmate or detainee.

(B) "Restraints" does not include a door to a room.

Amended by Act 2023, No. 659,§ 114, eff. 1/1/2024.

Added by Act 2019, No. 566,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 12-64-605 — AR Code / Title 12 / Chapter 64 / Subchapter 6 / Section 12-64-605
Execution or suspension of sentence
Status: in_force

(a) Except as otherwise provided, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by the convening authority in accordance with rules prescribed by the Governor. (b) The convening authority shall approve the sentence or such part, amount, or commuted form of the sentence as the convening authority sees fit and may suspend the execution of the sentence. Amended by Act 2019, No. 315,§ 959, eff. 7/24/2019. Amended by Act 2015, No. 1003,§ 25, eff. 7/22/2015. Acts 1969, No. 50, § 105; A.S.A. 1947, § 11-660.

(a) Except as otherwise provided, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by the convening authority in accordance with rules prescribed by the Governor.

(b) The convening authority shall approve the sentence or such part, amount, or commuted form of the sentence as the convening authority sees fit and may suspend the execution of the sentence.

Amended by Act 2019, No. 315,§ 959, eff. 7/24/2019.

Amended by Act 2015, No. 1003,§ 25, eff. 7/22/2015.

Acts 1969, No. 50, § 105; A.S.A. 1947, § 11-660.
Ark. Code Ann. § 12-18-401 — AR Code / Title 12 / Chapter 18 / Subchapter 4 / Section 12-18-401
Generally
Status: in_force

(a) A person may immediately notify the Child Abuse Hotline if he or she: (1) Has reasonable cause to suspect that: (A) Child maltreatment has occurred; or (B) A child has died as a result of child maltreatment; or (2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment. (b) A person who in good faith notifies the hotline in accordance with subsection (a) of this section is immune from civil and criminal liability. Amended by Act 2019, No. 970,§ 1, eff. 7/24/2019. Acts 2009, No. 749, § 1.

(a) A person may immediately notify the Child Abuse Hotline if he or she: (1) Has reasonable cause to suspect that: (A) Child maltreatment has occurred; or (B) A child has died as a result of child maltreatment; or (2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.

(1) Has reasonable cause to suspect that: (A) Child maltreatment has occurred; or (B) A child has died as a result of child maltreatment; or

(A) Child maltreatment has occurred; or

(B) A child has died as a result of child maltreatment; or

(2) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.

(b) A person who in good faith notifies the hotline in accordance with subsection (a) of this section is immune from civil and criminal liability.

Amended by Act 2019, No. 970,§ 1, eff. 7/24/2019.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-62-601 — AR Code / Title 12 / Chapter 62 / Subchapter 6 / Section 12-62-601
[Repealed]
Status: repealed

Repealed by Act 2017, No. 471,§ 3, eff. 8/1/2017. Acts 1995, No. 186, § 1; 1995, No. 346, § 1. See Act 2017, No. 471, § 4.

Repealed by Act 2017, No. 471,§ 3, eff. 8/1/2017.

Acts 1995, No. 186, § 1; 1995, No. 346, § 1.

See Act 2017, No. 471, § 4.
Ark. Code Ann. § 12-13-120 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-120
Arkansas Fire Prevention Code
Status: in_force

(a) Before January 1, 2025, the Arkansas Fire Prevention Code shall not require an educational facility, also known as a Group E occupancy, to have a storm shelter that has an occupant capacity that exceeds the total occupant load of the classrooms, vocational rooms, and offices. (b) Beginning January 1, 2025, the Arkansas Fire Prevention Code shall: (1) Identify the educational facilities, also known as Group E occupancies, that are required to have a storm shelter; and (2) Require that the occupant capacity of a storm shelter for a Group E occupancy be determined by: (A) The total occupant load of the classrooms, vocational rooms, and offices in the Group E occupancy; and (B) For critical emergency operations, the occupant load of the building in which the storm shelter is located. (c) The Arkansas Fire Prevention Code shall not require an educational facility, also known as a Group E occupancy, to have a storm shelter if the educational facility, also known as a Group E occupancy: (1) Is a former Business Group B occupancy; and (2) Was utilized as an educational occupancy, including without limitation an educational occupancy for higher education purposes. Amended by Act 2024, No. 170,§ 32, eff. 7/1/2024. Added by Act 2023, No. 764,§ 1, eff. 8/1/2023. See Act 2023, No. 764, § 2.

(a) Before January 1, 2025, the Arkansas Fire Prevention Code shall not require an educational facility, also known as a Group E occupancy, to have a storm shelter that has an occupant capacity that exceeds the total occupant load of the classrooms, vocational rooms, and offices.

(b) Beginning January 1, 2025, the Arkansas Fire Prevention Code shall: (1) Identify the educational facilities, also known as Group E occupancies, that are required to have a storm shelter; and (2) Require that the occupant capacity of a storm shelter for a Group E occupancy be determined by: (A) The total occupant load of the classrooms, vocational rooms, and offices in the Group E occupancy; and (B) For critical emergency operations, the occupant load of the building in which the storm shelter is located.

(1) Identify the educational facilities, also known as Group E occupancies, that are required to have a storm shelter; and

(2) Require that the occupant capacity of a storm shelter for a Group E occupancy be determined by: (A) The total occupant load of the classrooms, vocational rooms, and offices in the Group E occupancy; and (B) For critical emergency operations, the occupant load of the building in which the storm shelter is located.

(A) The total occupant load of the classrooms, vocational rooms, and offices in the Group E occupancy; and

(B) For critical emergency operations, the occupant load of the building in which the storm shelter is located.

(c) The Arkansas Fire Prevention Code shall not require an educational facility, also known as a Group E occupancy, to have a storm shelter if the educational facility, also known as a Group E occupancy: (1) Is a former Business Group B occupancy; and (2) Was utilized as an educational occupancy, including without limitation an educational occupancy for higher education purposes.

(1) Is a former Business Group B occupancy; and

(2) Was utilized as an educational occupancy, including without limitation an educational occupancy for higher education purposes.

Amended by Act 2024, No. 170,§ 32, eff. 7/1/2024.

Added by Act 2023, No. 764,§ 1, eff. 8/1/2023.

See Act 2023, No. 764, § 2.
Ark. Code Ann. § 12-12-301 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-301
Establishment
Status: in_force

(a) There is established a State Crime Laboratory. (b) The laboratory shall offer services to law enforcement in: (1) Forensic pathology; (2) Toxicology; (3) Physical evidence analysis; (4) DNA analysis; (5) Drug analysis; (6) Latent fingerprint identification; (7) Firearms and toolmarks analysis; (8) Digital evidence analysis; and (9) Other such areas as the State Crime Laboratory Board deems necessary and appropriate. Amended by Act 2019, No. 636,§ 1, eff. 7/24/2019. Acts 1977, No. 517, § 1; 1979, No. 864, § 1; A.S.A. 1947, § 42-1201.

(a) There is established a State Crime Laboratory.

(b) The laboratory shall offer services to law enforcement in: (1) Forensic pathology; (2) Toxicology; (3) Physical evidence analysis; (4) DNA analysis; (5) Drug analysis; (6) Latent fingerprint identification; (7) Firearms and toolmarks analysis; (8) Digital evidence analysis; and (9) Other such areas as the State Crime Laboratory Board deems necessary and appropriate.

(1) Forensic pathology;

(2) Toxicology;

(3) Physical evidence analysis;

(4) DNA analysis;

(5) Drug analysis;

(6) Latent fingerprint identification;

(7) Firearms and toolmarks analysis;

(8) Digital evidence analysis; and

(9) Other such areas as the State Crime Laboratory Board deems necessary and appropriate.

Amended by Act 2019, No. 636,§ 1, eff. 7/24/2019.

Acts 1977, No. 517, § 1; 1979, No. 864, § 1; A.S.A. 1947, § 42-1201.
Ark. Code Ann. § 12-64-831 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-831
Misuse of military property
Status: in_force

Any person subject to this code shall be punished as a court-martial may direct if, without proper authority, he or she: (1) Sells or otherwise disposes of; (2) Willfully or through neglect damages, destroys, or loses; or (3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of; any military property of the United States or of the state. Acts 1969, No. 50, § 149; A.S.A. 1947, § 11-731.

Any person subject to this code shall be punished as a court-martial may direct if, without proper authority, he or she:

(1) Sells or otherwise disposes of;

(2) Willfully or through neglect damages, destroys, or loses; or

(3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of; any military property of the United States or of the state.

any military property of the United States or of the state.

Acts 1969, No. 50, § 149; A.S.A. 1947, § 11-731.
Ark. Code Ann. § 12-29-203 — AR Code / Title 12 / Chapter 29 / Subchapter 2 / Section 12-29-203
Forfeiture - Restoration
Status: in_force

(a) All meritorious good time shall be forfeited by an inmate in the event of escape, and all or part of accrued meritorious good time may be taken away by the Director of the Division of Correction or the Director of the Division of Community Correction, respectively, for infraction of rules. (b) However, in the event of escape, the Director of the Division of Correction or the Director of the Division of Community Correction, respectively, may restore all or part of any accrued meritorious good time if the escapee returns to the institution voluntarily, without expense to the state, and without any act of violence while a fugitive from the institution. (c) The Director of the Division of Correction or the Director of the Division of Community Correction, respectively, may restore lost meritorious good time according to rules promulgated by the Board of Corrections. Amended by Act 2019, No. 135,§ 1, eff. 7/24/2019. Acts 1971, No. 510, § 4; A.S.A. 1947, § 46-120.2; Acts 1993, No. 536, § 4; 1993, No. 558, § 4.

(a) All meritorious good time shall be forfeited by an inmate in the event of escape, and all or part of accrued meritorious good time may be taken away by the Director of the Division of Correction or the Director of the Division of Community Correction, respectively, for infraction of rules.

(b) However, in the event of escape, the Director of the Division of Correction or the Director of the Division of Community Correction, respectively, may restore all or part of any accrued meritorious good time if the escapee returns to the institution voluntarily, without expense to the state, and without any act of violence while a fugitive from the institution.

(c) The Director of the Division of Correction or the Director of the Division of Community Correction, respectively, may restore lost meritorious good time according to rules promulgated by the Board of Corrections.

Amended by Act 2019, No. 135,§ 1, eff. 7/24/2019.

Acts 1971, No. 510, § 4; A.S.A. 1947, § 46-120.2; Acts 1993, No. 536, § 4; 1993, No. 558, § 4.
Ark. Code Ann. § 12-12-1508 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1508
Access to information - Fee
Status: in_force

(a) Criminal history information or requestor information collected and maintained under this subchapter is not considered public record information for dissemination within the intent and meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) A fee for providing criminal history information shall be charged for each criminal history information requested. Acts 2003 (1st Ex. Sess.), No. 63, § 8.

(a) Criminal history information or requestor information collected and maintained under this subchapter is not considered public record information for dissemination within the intent and meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(b) A fee for providing criminal history information shall be charged for each criminal history information requested.

Acts 2003 (1st Ex. Sess.), No. 63, § 8.
Ark. Code Ann. § 12-8-118 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-118
Payment of salaries and expenses
Status: in_force

(a) The salaries and expenses provided for in this chapter shall be paid by warrant upon a voucher properly drawn by the Director of the Division of Arkansas State Police and paid out of any funds now available for the payment of salaries and expenses of the Division of Arkansas State Police from the Division of Arkansas State Police Fund or any other fund as provided by law. (b) (1) The director may authorize overtime payments from funds and appropriations reimbursable to the division by federal or local authorities that are provided for overtime payments to employees of the division who are assigned or may be assigned by the Secretary of the Department of Public Safety to special law enforcement task forces and other special programs. (2) Overtime payments under this subsection shall be processed through the state accounting system and shall be in addition to the regular salaries and benefits accruing to the employee. (3) Payment of overtime is the preferred method of implementing this subsection. Amended by Act 2023, No. 803,§ 45, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5776, eff. 7/1/2019. Acts 1945, No. 231, § 14; A.S.A. 1947, § 42-414.

(a) The salaries and expenses provided for in this chapter shall be paid by warrant upon a voucher properly drawn by the Director of the Division of Arkansas State Police and paid out of any funds now available for the payment of salaries and expenses of the Division of Arkansas State Police from the Division of Arkansas State Police Fund or any other fund as provided by law.

(b) (1) The director may authorize overtime payments from funds and appropriations reimbursable to the division by federal or local authorities that are provided for overtime payments to employees of the division who are assigned or may be assigned by the Secretary of the Department of Public Safety to special law enforcement task forces and other special programs. (2) Overtime payments under this subsection shall be processed through the state accounting system and shall be in addition to the regular salaries and benefits accruing to the employee. (3) Payment of overtime is the preferred method of implementing this subsection.

(1) The director may authorize overtime payments from funds and appropriations reimbursable to the division by federal or local authorities that are provided for overtime payments to employees of the division who are assigned or may be assigned by the Secretary of the Department of Public Safety to special law enforcement task forces and other special programs.

(2) Overtime payments under this subsection shall be processed through the state accounting system and shall be in addition to the regular salaries and benefits accruing to the employee.

(3) Payment of overtime is the preferred method of implementing this subsection.

Amended by Act 2023, No. 803,§ 45, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5776, eff. 7/1/2019.

Acts 1945, No. 231, § 14; A.S.A. 1947, § 42-414.
Ark. Code Ann. § 12-41-508 — AR Code / Title 12 / Chapter 41 / Subchapter 5 / Section 12-41-508
Duty of grand jury
Status: in_force

(a) It shall be the duty of the grand jury at each term of the circuit court to visit the jail of their county, to examine into the condition thereof, to inquire into the treatment of the prisoners, and to report thereon to the circuit court. (b) In their report the grand jury shall recommend improvements as may be necessary to put the jail in complete repair and render it secure. Rev. Stat., ch. 81, § 8; C. & M. Dig., § 6213; Pope's Dig., § 8176; A.S.A. 1947, § 46-408.

(a) It shall be the duty of the grand jury at each term of the circuit court to visit the jail of their county, to examine into the condition thereof, to inquire into the treatment of the prisoners, and to report thereon to the circuit court.

(b) In their report the grand jury shall recommend improvements as may be necessary to put the jail in complete repair and render it secure.

Rev. Stat., ch. 81, § 8; C. & M. Dig., § 6213; Pope's Dig., § 8176; A.S.A. 1947, § 46-408.
Ark. Code Ann. § 12-28-105 — AR Code / Title 12 / Chapter 28 / Subchapter 1 / Section 12-28-105
Continuity of care for persons released
Status: in_force

(a) (1) Any person incarcerated by the Division of Correction may be permitted to remain within a treatment facility operated by the division, if serious physical or mental disorders or disabilities exist, until release to a similar treatment setting outside of the division can be accomplished. (2) In no case should the continuation of housing extend beyond a seventy-two-hour period. (b) The division will adopt rules to govern the housing situations. Amended by Act 2019, No. 910,§ 777, eff. 7/1/2019. Acts 1993, No. 1281, §§ 1-3.

(a) (1) Any person incarcerated by the Division of Correction may be permitted to remain within a treatment facility operated by the division, if serious physical or mental disorders or disabilities exist, until release to a similar treatment setting outside of the division can be accomplished. (2) In no case should the continuation of housing extend beyond a seventy-two-hour period.

(1) Any person incarcerated by the Division of Correction may be permitted to remain within a treatment facility operated by the division, if serious physical or mental disorders or disabilities exist, until release to a similar treatment setting outside of the division can be accomplished.

(2) In no case should the continuation of housing extend beyond a seventy-two-hour period.

(b) The division will adopt rules to govern the housing situations.

Amended by Act 2019, No. 910,§ 777, eff. 7/1/2019.

Acts 1993, No. 1281, §§ 1-3.
Ark. Code Ann. § 12-88-105 — AR Code / Title 12 / Chapter 88 / Section 12-88-105
Application of transaction taxes and fees
Status: in_force

An out-of-state business and an out-of-state employee shall pay state and local transaction taxes and fees, including without limitation: (1) Motor fuel taxes; (2) Distillate special fuel taxes; (3) Sales and use taxes on materials and services consumed or used in the state; (4) Hotel taxes; (5) Car rental taxes and fees; and (6) Any other tax or fee that applies to goods or services that the out-of-state business or out-of-state employee purchases for use or consumption in this state during the disaster response period, unless the tax or fee is otherwise exempt during the disaster response period. Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.

An out-of-state business and an out-of-state employee shall pay state and local transaction taxes and fees, including without limitation:

(1) Motor fuel taxes;

(2) Distillate special fuel taxes;

(3) Sales and use taxes on materials and services consumed or used in the state;

(4) Hotel taxes;

(5) Car rental taxes and fees; and

(6) Any other tax or fee that applies to goods or services that the out-of-state business or out-of-state employee purchases for use or consumption in this state during the disaster response period, unless the tax or fee is otherwise exempt during the disaster response period.

Added by Act 2015, No. 864,§ 1, eff. 3/31/2015.
Ark. Code Ann. § 12-20-103 — AR Code / Title 12 / Chapter 20 / Subchapter 1 / Section 12-20-103
Enforcement
Status: in_force

The prosecuting attorney or the city attorney, as may be appropriate, shall appear and prosecute in court all criminal offenses arising under this chapter. Amended by Act 2021, No. 535,§ 4, eff. 7/28/2021. Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.

The prosecuting attorney or the city attorney, as may be appropriate, shall appear and prosecute in court all criminal offenses arising under this chapter.

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

Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 12-9-401 — AR Code / Title 12 / Chapter 9 / Subchapter 4 / Section 12-9-401
Definitions
Status: in_force

As used in this subchapter: (1) "Full-time law enforcement officer" means any county sheriff, or any other law enforcement officer employed by a law enforcement agency who works more than twenty-four (24) hours per week and receives a salary from the law enforcement agency; (2) "Law enforcement agency" means any police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal, traffic, or highway laws of this state; (3) "Law enforcement officer" means any appointed law enforcement officer or county sheriff who is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state; (4) "Part-time law enforcement officer" means a law enforcement officer who works twenty-four (24) hours per week or less and receives a salary from the employing law enforcement agency; (5) "Police traffic radar" means any speed measurement device utilizing the Doppler principle or an infrared light system to measure the speed of motor vehicles; and (6) "Political subdivision" means any county, municipality, township, or other specific local unit of general government. Amended by Act 2019, No. 151,§ 6, eff. 7/24/2019. Amended by Act 2017, No. 497,§ 20, eff. 8/1/2017. Acts 1983, No. 672, § 1; 1985, No. 115, § 1; A.S.A. 1947, § 42-1010; Acts 1991, No. 374, § 1; 1993, No. 63, § 1; 1997, No. 1105, § 1.

As used in this subchapter:

(1) "Full-time law enforcement officer" means any county sheriff, or any other law enforcement officer employed by a law enforcement agency who works more than twenty-four (24) hours per week and receives a salary from the law enforcement agency;

(2) "Law enforcement agency" means any police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal, traffic, or highway laws of this state;

(3) "Law enforcement officer" means any appointed law enforcement officer or county sheriff who is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state;

(4) "Part-time law enforcement officer" means a law enforcement officer who works twenty-four (24) hours per week or less and receives a salary from the employing law enforcement agency;

(5) "Police traffic radar" means any speed measurement device utilizing the Doppler principle or an infrared light system to measure the speed of motor vehicles; and

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

Amended by Act 2019, No. 151,§ 6, eff. 7/24/2019.

Amended by Act 2017, No. 497,§ 20, eff. 8/1/2017.

Acts 1983, No. 672, § 1; 1985, No. 115, § 1; A.S.A. 1947, § 42-1010; Acts 1991, No. 374, § 1; 1993, No. 63, § 1; 1997, No. 1105, § 1.
Ark. Code Ann. § 12-64-405 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-405
Summary courts-martial punishments
Status: in_force

(a) Officers and warrant officers may not be tried by summary courts-martial. (b) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he or she objects thereto. If objection to a trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. (c) A summary court-martial may, under such limitations as the Governor may prescribe, adjudge one (1) or more of the following punishments: (1) Confinement with hard labor not exceeding thirty (30) days; (2) A fine or forfeiture of pay and allowances in an amount that shall not exceed thirty (30) days of the service member's base pay and allowances; (3) Reprimand; and (4) Reduction of enlisted persons to a lower grade. Amended by Act 2019, No. 211,§ 9, eff. 2/26/2019. Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015. Acts 1969, No. 50, § 64; 1981, No. 656, § 2; 1985, No. 670, § 8; 1985 (1st Ex. Sess.), No. 9, § 1; A.S.A. 1947, § 11-619; Acts 2007, No. 47, § 10.

(a) Officers and warrant officers may not be tried by summary courts-martial.

(b) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he or she objects thereto. If objection to a trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate.

(c) A summary court-martial may, under such limitations as the Governor may prescribe, adjudge one (1) or more of the following punishments: (1) Confinement with hard labor not exceeding thirty (30) days; (2) A fine or forfeiture of pay and allowances in an amount that shall not exceed thirty (30) days of the service member's base pay and allowances; (3) Reprimand; and (4) Reduction of enlisted persons to a lower grade.

(1) Confinement with hard labor not exceeding thirty (30) days;

(2) A fine or forfeiture of pay and allowances in an amount that shall not exceed thirty (30) days of the service member's base pay and allowances;

(3) Reprimand; and

(4) Reduction of enlisted persons to a lower grade.

Amended by Act 2019, No. 211,§ 9, eff. 2/26/2019.

Amended by Act 2015, No. 1003,§ 14, eff. 7/22/2015.

Acts 1969, No. 50, § 64; 1981, No. 656, § 2; 1985, No. 670, § 8; 1985 (1st Ex. Sess.), No. 9, § 1; A.S.A. 1947, § 11-619; Acts 2007, No. 47, § 10.
Ark. Code Ann. § 12-12-1501 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1501
Title
Status: in_force

This subchapter shall be known as the "Arkansas State Criminal Records Act". Acts 2003 (1st Ex. Sess.), No. 63, § 1.

This subchapter shall be known as the "Arkansas State Criminal Records Act".

Acts 2003 (1st Ex. Sess.), No. 63, § 1.
Ark. Code Ann. § 12-63-201 — AR Code / Title 12 / Chapter 63 / Subchapter 2 / Section 12-63-201
Definition
Status: in_force

For the purpose of this subchapter, the term "military reservation" shall apply to and encompass all lands, buildings, and improvements used for military training purposes on: (1) Camp Joseph T. Robinson, both that portion owned by the State of Arkansas and used by the National Guard and that portion owned by the United States, which consists of thirty-one and one-half (31.5) acres more or less, and used by the United States Army Reserve, the United States Navy Reserve, and the United States Marine Corps Reserve; (2) Properties licensed by the United States to the State of Arkansas to use and occupy for year-round training and support of the Arkansas Air National Guard; (3) Taxiways, runways, and other airport land and improvements used by military aircraft in conjunction with and adjacent to those properties described in subdivision (2) of this section; and (4) Fort Chaffee, including that part owned, leased, licensed, operated, maintained, occupied, or controlled by the Adjutant General and that part owned, leased, licensed, operated, maintained, occupied, or controlled by any other component of the active or reserve military forces of the United States, or any other part that is leased, licensed, operated, maintained, occupied, or controlled by any political subdivision, agency, person, firm, corporation, or association for use by the active or reserve military forces of the State of Arkansas and the United States. Acts 1979, No. 895, § 6; 1983, No. 852, § 6; A.S.A. 1947, § 11-1817; Acts 1997, No. 1201, § 3.

For the purpose of this subchapter, the term "military reservation" shall apply to and encompass all lands, buildings, and improvements used for military training purposes on:

(1) Camp Joseph T. Robinson, both that portion owned by the State of Arkansas and used by the National Guard and that portion owned by the United States, which consists of thirty-one and one-half (31.5) acres more or less, and used by the United States Army Reserve, the United States Navy Reserve, and the United States Marine Corps Reserve;

(2) Properties licensed by the United States to the State of Arkansas to use and occupy for year-round training and support of the Arkansas Air National Guard;

(3) Taxiways, runways, and other airport land and improvements used by military aircraft in conjunction with and adjacent to those properties described in subdivision (2) of this section; and

(4) Fort Chaffee, including that part owned, leased, licensed, operated, maintained, occupied, or controlled by the Adjutant General and that part owned, leased, licensed, operated, maintained, occupied, or controlled by any other component of the active or reserve military forces of the United States, or any other part that is leased, licensed, operated, maintained, occupied, or controlled by any political subdivision, agency, person, firm, corporation, or association for use by the active or reserve military forces of the State of Arkansas and the United States.

Acts 1979, No. 895, § 6; 1983, No. 852, § 6; A.S.A. 1947, § 11-1817; Acts 1997, No. 1201, § 3.
Ark. Code Ann. § 12-64-302 — AR Code / Title 12 / Chapter 64 / Subchapter 3 / Section 12-64-302
Appeal
Status: in_force

(a) A person punished under this subchapter who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. (b) The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. (c) The officer who imposes the punishment, his or her successor in command, and superior authority may suspend, set aside, or remit any part or amount of the punishment and restore all rights, privileges, and property affected. Acts 1969, No. 50, § 59; 1981, No. 656, § 1; A.S.A. 1947, § 11-614.

(a) A person punished under this subchapter who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority.

(b) The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged.

(c) The officer who imposes the punishment, his or her successor in command, and superior authority may suspend, set aside, or remit any part or amount of the punishment and restore all rights, privileges, and property affected.

Acts 1969, No. 50, § 59; 1981, No. 656, § 1; A.S.A. 1947, § 11-614.
Ark. Code Ann. § 12-12-1014 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1014
Security of criminal history information
Status: in_force

(a) The Arkansas Crime Information Center shall be authorized to develop standards and implement procedures that will, to the maximum extent feasible, ensure the security and confidentiality of criminal history records. (b) The center shall be authorized to inspect the criminal history records maintained by criminal justice agencies, to evaluate security procedures, and to issue reports on compliance with security standards. Acts 1993, No. 1109, § 13.

(a) The Arkansas Crime Information Center shall be authorized to develop standards and implement procedures that will, to the maximum extent feasible, ensure the security and confidentiality of criminal history records.

(b) The center shall be authorized to inspect the criminal history records maintained by criminal justice agencies, to evaluate security procedures, and to issue reports on compliance with security standards.

Acts 1993, No. 1109, § 13.
Ark. Code Ann. § 12-9-113 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-113
Domestic violence training
Status: in_force

(a) (1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, all new law enforcement officers in the State of Arkansas shall complete at least twenty (20) hours of training in domestic violence and twenty (20) hours of training in child abuse. (2) Practicum training will also be sufficient for this requirement. (b) Pertaining to domestic abuse, the topics that shall be covered are: (1) The dynamics of domestic abuse; (2) The Domestic Abuse Act of 1991, § 9-15-101 et seq.; (3) Domestic abuse victim interview techniques; (4) Supportive services available; (5) Pro-arrest guidelines and drawbacks of dual arrest and practices to promote the safety of officers; (6) Techniques for handling incidents of offenses involving a family or household member that minimize the likelihood of injury to the law enforcement officer and that promote the safety of the victim; (7) The nature and extent of offenses involving a family or household member; (8) The signs of offenses involving a family or household member; (9) Criminal conduct that may be related to offenses involving a family or household member, including without limitation: (A) Coercion for purposes of committing or impeding the investigation or prosecution of offenses involving a family or household member; (B) Unlawful imprisonment; (C) Extortion and the use of fear; (D) Crimes of fraud; and (E) Unlawful dissemination or publication of an intimate image; (10) The assessment of lethality or signs of lethal violence in offenses involving a family or household member; (11) The legal rights of, and remedies available to, victims of offenses involving a family or household member; (12) Documentation, report writing, and evidence collection; (13) Diversion of offenses involving a family or household member; (14) Tenancy issues with offenses involving a family or household member; (15) The impact on children of law enforcement intervention in offenses involving a family or household member; (16) The services and facilities available to victims and offenders; (17) The use and applications of the criminal law in situations that involve family or household members; (18) Verification and enforcement of orders of protection in situations both in which the suspect is present and in which the suspect has fled; (19) Cite and release policies, as applicable; and (20) Emergency assistance to victims and how to assist victims in pursuing criminal justice options. (c) (1) The training that addresses domestic violence under subsection (b) of this section shall include a brief current and historical context on: (A) Communities of color impacted by incarceration and violence; (B) Enforcement of criminal laws in situations in which an offense against a family or household member has occurred; (C) Availability of civil remedies and community resources; and (D) Protection of the victim. (2) If appropriate, the training under subsection (b) of this section shall include experts on domestic violence and other offenses involving a family or household member, who may include victims and people who have committed an offense involving a family or household member and have been or are in the process of being rehabilitated, with expertise in the delivery of direct services to victims and people who have committed an offense involving a family or household member, including without limitation utilizing the staff of shelters for victims. (d) Pertaining to child abuse victim interview techniques, the topics that shall be covered are: (1) Current law, including the Child Maltreatment Act, § 12-18-101 et seq., and the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (2) Child sexual abuse; and (3) Physical and behavioral indicators. Amended by Act 2021, No. 800,§ 3, eff. 7/28/2021. Acts 2001, No. 1452, § 1; 2009, No. 758, § 22.

(a) (1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, all new law enforcement officers in the State of Arkansas shall complete at least twenty (20) hours of training in domestic violence and twenty (20) hours of training in child abuse. (2) Practicum training will also be sufficient for this requirement.

(1) In accordance with the certification requirements of the Arkansas Commission on Law Enforcement Standards and Training for law enforcement officers, all new law enforcement officers in the State of Arkansas shall complete at least twenty (20) hours of training in domestic violence and twenty (20) hours of training in child abuse.

(2) Practicum training will also be sufficient for this requirement.

(b) Pertaining to domestic abuse, the topics that shall be covered are: (1) The dynamics of domestic abuse; (2) The Domestic Abuse Act of 1991, § 9-15-101 et seq.; (3) Domestic abuse victim interview techniques; (4) Supportive services available; (5) Pro-arrest guidelines and drawbacks of dual arrest and practices to promote the safety of officers; (6) Techniques for handling incidents of offenses involving a family or household member that minimize the likelihood of injury to the law enforcement officer and that promote the safety of the victim; (7) The nature and extent of offenses involving a family or household member; (8) The signs of offenses involving a family or household member; (9) Criminal conduct that may be related to offenses involving a family or household member, including without limitation: (A) Coercion for purposes of committing or impeding the investigation or prosecution of offenses involving a family or household member; (B) Unlawful imprisonment; (C) Extortion and the use of fear; (D) Crimes of fraud; and (E) Unlawful dissemination or publication of an intimate image; (10) The assessment of lethality or signs of lethal violence in offenses involving a family or household member; (11) The legal rights of, and remedies available to, victims of offenses involving a family or household member; (12) Documentation, report writing, and evidence collection; (13) Diversion of offenses involving a family or household member; (14) Tenancy issues with offenses involving a family or household member; (15) The impact on children of law enforcement intervention in offenses involving a family or household member; (16) The services and facilities available to victims and offenders; (17) The use and applications of the criminal law in situations that involve family or household members; (18) Verification and enforcement of orders of protection in situations both in which the suspect is present and in which the suspect has fled; (19) Cite and release policies, as applicable; and (20) Emergency assistance to victims and how to assist victims in pursuing criminal justice options.

(1) The dynamics of domestic abuse;

(2) The Domestic Abuse Act of 1991, § 9-15-101 et seq.;

(3) Domestic abuse victim interview techniques;

(4) Supportive services available;

(5) Pro-arrest guidelines and drawbacks of dual arrest and practices to promote the safety of officers;

(6) Techniques for handling incidents of offenses involving a family or household member that minimize the likelihood of injury to the law enforcement officer and that promote the safety of the victim;

(7) The nature and extent of offenses involving a family or household member;

(8) The signs of offenses involving a family or household member;

(9) Criminal conduct that may be related to offenses involving a family or household member, including without limitation: (A) Coercion for purposes of committing or impeding the investigation or prosecution of offenses involving a family or household member; (B) Unlawful imprisonment; (C) Extortion and the use of fear; (D) Crimes of fraud; and (E) Unlawful dissemination or publication of an intimate image;

(A) Coercion for purposes of committing or impeding the investigation or prosecution of offenses involving a family or household member;

(B) Unlawful imprisonment;

(C) Extortion and the use of fear;

(D) Crimes of fraud; and

(E) Unlawful dissemination or publication of an intimate image;

(10) The assessment of lethality or signs of lethal violence in offenses involving a family or household member;

(11) The legal rights of, and remedies available to, victims of offenses involving a family or household member;

(12) Documentation, report writing, and evidence collection;

(13) Diversion of offenses involving a family or household member;

(14) Tenancy issues with offenses involving a family or household member;

(15) The impact on children of law enforcement intervention in offenses involving a family or household member;

(16) The services and facilities available to victims and offenders;

(17) The use and applications of the criminal law in situations that involve family or household members;

(18) Verification and enforcement of orders of protection in situations both in which the suspect is present and in which the suspect has fled;

(19) Cite and release policies, as applicable; and

(20) Emergency assistance to victims and how to assist victims in pursuing criminal justice options.

(c) (1) The training that addresses domestic violence under subsection (b) of this section shall include a brief current and historical context on: (A) Communities of color impacted by incarceration and violence; (B) Enforcement of criminal laws in situations in which an offense against a family or household member has occurred; (C) Availability of civil remedies and community resources; and (D) Protection of the victim. (2) If appropriate, the training under subsection (b) of this section shall include experts on domestic violence and other offenses involving a family or household member, who may include victims and people who have committed an offense involving a family or household member and have been or are in the process of being rehabilitated, with expertise in the delivery of direct services to victims and people who have committed an offense involving a family or household member, including without limitation utilizing the staff of shelters for victims.

(1) The training that addresses domestic violence under subsection (b) of this section shall include a brief current and historical context on: (A) Communities of color impacted by incarceration and violence; (B) Enforcement of criminal laws in situations in which an offense against a family or household member has occurred; (C) Availability of civil remedies and community resources; and (D) Protection of the victim.

(A) Communities of color impacted by incarceration and violence;

(B) Enforcement of criminal laws in situations in which an offense against a family or household member has occurred;

(C) Availability of civil remedies and community resources; and

(D) Protection of the victim.

(2) If appropriate, the training under subsection (b) of this section shall include experts on domestic violence and other offenses involving a family or household member, who may include victims and people who have committed an offense involving a family or household member and have been or are in the process of being rehabilitated, with expertise in the delivery of direct services to victims and people who have committed an offense involving a family or household member, including without limitation utilizing the staff of shelters for victims.

(d) Pertaining to child abuse victim interview techniques, the topics that shall be covered are: (1) Current law, including the Child Maltreatment Act, § 12-18-101 et seq., and the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (2) Child sexual abuse; and (3) Physical and behavioral indicators.

(1) Current law, including the Child Maltreatment Act, § 12-18-101 et seq., and the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.;

(2) Child sexual abuse; and

(3) Physical and behavioral indicators.

Amended by Act 2021, No. 800,§ 3, eff. 7/28/2021.

Acts 2001, No. 1452, § 1; 2009, No. 758, § 22.
Ark. Code Ann. § 12-29-115 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-115
Combination to escape - Authority of guards
Status: in_force

(a) The officers and guards of the Division of Correction shall use all lawful and suitable means to defend themselves, secure the persons of offenders, and prevent attempted violence and escape whenever two (2) or more inmates shall combine for the following purposes or whenever one (1) or more inmates shall: (1) Offer violence to any officer, guard, or inmate; (2) Do or attempt to do any injury to any building, workshop, or appurtenance thereto; (3) Attempt to escape; or (4) Resist any lawful demand. (b) If any of the officers or guards employed in the division shall, in the attempt to prevent the escape of any inmate, any attempt to retake any inmate who may have escaped, or in the attempt to suppress any riot, revolt, or insurrection, take the life of any inmate, the officer or guard shall not be held responsible therefor unless it is done unnecessarily or wantonly. Amended by Act 2019, No. 910,§ 792, eff. 7/1/2019. Amended by Act 2013, No. 295,§ 3, eff. 8/16/2013. Acts 1893, No. 76, § 49, p. 121; C. & M. Dig., § 9691; Pope's Dig., § 12723; A.S.A. 1947, § 46-163.

(a) The officers and guards of the Division of Correction shall use all lawful and suitable means to defend themselves, secure the persons of offenders, and prevent attempted violence and escape whenever two (2) or more inmates shall combine for the following purposes or whenever one (1) or more inmates shall: (1) Offer violence to any officer, guard, or inmate; (2) Do or attempt to do any injury to any building, workshop, or appurtenance thereto; (3) Attempt to escape; or (4) Resist any lawful demand.

(1) Offer violence to any officer, guard, or inmate;

(2) Do or attempt to do any injury to any building, workshop, or appurtenance thereto;

(3) Attempt to escape; or

(4) Resist any lawful demand.

(b) If any of the officers or guards employed in the division shall, in the attempt to prevent the escape of any inmate, any attempt to retake any inmate who may have escaped, or in the attempt to suppress any riot, revolt, or insurrection, take the life of any inmate, the officer or guard shall not be held responsible therefor unless it is done unnecessarily or wantonly.

Amended by Act 2019, No. 910,§ 792, eff. 7/1/2019.

Amended by Act 2013, No. 295,§ 3, eff. 8/16/2013.

Acts 1893, No. 76, § 49, p. 121; C. & M. Dig., § 9691; Pope's Dig., § 12723; A.S.A. 1947, § 46-163.
Ark. Code Ann. § 12-9-203 — AR Code / Title 12 / Chapter 9 / Subchapter 2 / Section 12-9-203
Acceptance of gifts, grants, etc. - Disposition
Status: in_force

(a) The Division of Law Enforcement Standards and Training may accept gifts, grants, donations, equipment and materials, and bequests of money or gratuities donated by private persons or corporations. (b) All moneys received under subsection (a) of this section shall be deposited into the Arkansas Law Enforcement Training Academy Cash Fund. Amended by Act 2019, No. 910,§ 5823, eff. 7/1/2019. Amended by Act 2017, No. 497,§ 11, eff. 8/1/2017. Acts 1969, No. 608, § 7.

(a) The Division of Law Enforcement Standards and Training may accept gifts, grants, donations, equipment and materials, and bequests of money or gratuities donated by private persons or corporations.

(b) All moneys received under subsection (a) of this section shall be deposited into the Arkansas Law Enforcement Training Academy Cash Fund.

Amended by Act 2019, No. 910,§ 5823, eff. 7/1/2019.

Amended by Act 2017, No. 497,§ 11, eff. 8/1/2017.

Acts 1969, No. 608, § 7.
Ark. Code Ann. § 12-8-505 — AR Code / Title 12 / Chapter 8 / Subchapter 5 / Section 12-8-505
Child abuse hotline and investigations
Status: in_force

The Child Abuse Hotline and child abuse investigations referred to in this subchapter shall be operated and conducted in accordance with the Child Maltreatment Act, § 12-18-101 et seq. Acts 1997, No. 1240, § 5; 2009, No. 758, § 20.

The Child Abuse Hotline and child abuse investigations referred to in this subchapter shall be operated and conducted in accordance with the Child Maltreatment Act, § 12-18-101 et seq.

Acts 1997, No. 1240, § 5; 2009, No. 758, § 20.
Ark. Code Ann. § 12-28-107 — AR Code / Title 12 / Chapter 28 / Subchapter 1 / Section 12-28-107
Training for inmates
Status: in_force

(a) As provided for in § 12-28-101 , the Division of Correction shall provide education as well as training for inmates who want to acquire skills for employment upon release. (b) (1) The division shall identify high-demand vocations and careers and shall accordingly create training and skills programs to prepare inmates for gainful employment upon release. (2) The programs under this section shall be available to all inmates except for inmates who disqualify themselves from participation due to disciplinary violations or because of other circumstances that may preclude the inmates' access to these programs. (3) Programs under this section may include without limitation training in the following fields: (A) Professional careers and vocations; (B) Service careers and vocations; (C) Information and computer technology; (D) Medical technology; and (E) Office administration. Amended by Act 2023, No. 659,§ 102, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 780, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 779, eff. 7/1/2019. Acts 2011, No. 1151, § 3.

(a) As provided for in § 12-28-101 , the Division of Correction shall provide education as well as training for inmates who want to acquire skills for employment upon release.

(b) (1) The division shall identify high-demand vocations and careers and shall accordingly create training and skills programs to prepare inmates for gainful employment upon release. (2) The programs under this section shall be available to all inmates except for inmates who disqualify themselves from participation due to disciplinary violations or because of other circumstances that may preclude the inmates' access to these programs. (3) Programs under this section may include without limitation training in the following fields: (A) Professional careers and vocations; (B) Service careers and vocations; (C) Information and computer technology; (D) Medical technology; and (E) Office administration.

(1) The division shall identify high-demand vocations and careers and shall accordingly create training and skills programs to prepare inmates for gainful employment upon release.

(2) The programs under this section shall be available to all inmates except for inmates who disqualify themselves from participation due to disciplinary violations or because of other circumstances that may preclude the inmates' access to these programs.

(3) Programs under this section may include without limitation training in the following fields: (A) Professional careers and vocations; (B) Service careers and vocations; (C) Information and computer technology; (D) Medical technology; and (E) Office administration.

(A) Professional careers and vocations;

(B) Service careers and vocations;

(C) Information and computer technology;

(D) Medical technology; and

(E) Office administration.

Amended by Act 2023, No. 659,§ 102, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 780, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 779, eff. 7/1/2019.

Acts 2011, No. 1151, § 3.
Ark. Code Ann. § 12-12-1715 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1715
Rights of subject of report - Investigative determination of the Department of Human Services - Notice of finding - Appeal
Status: in_force

(a) Upon completion of an investigation, the Department of Human Services shall determine that an allegation of adult maltreatment or long-term care facility maltreatment is either: (1) (A) Unfounded, a finding that shall be entered if the allegation is not supported by a preponderance of the evidence. (B) An unfounded hard copy report shall be destroyed one (1) year after the completion of the investigation; or (2) (A) Founded, a finding that shall be entered if the allegation is supported by a preponderance of the evidence. (B) A determination of founded but exempt shall be entered on a report if an adult practicing his or her religious beliefs is receiving spiritual treatment under § 5-28-105 or § 12-12-1704 . (b) (1) (A) After making an investigative determination, the department shall notify in writing within ten (10) business days: (i) (a) The person identified as the offender. (b) However, in cases of unfounded self-neglect, no notice is required; (ii) Either the: (a) Person identified as the maltreated person; (b) Legal guardian of the maltreated person; or (c) Natural or legal guardian of a long-term care facility resident under eighteen (18) years of age; (iii) The current administrator of the long-term care facility if the incident occurred in a long-term care facility; and (iv) If known by the Office of Long-Term Care, the administrator of the long-term care facility that currently employs the offender if different from the long-term care facility in which the incident occurred. (B) If the investigation determines that the report is founded, notification to the offender shall be by process server or by certified mail, restricted delivery. (2) The notification under subdivision (b)(1) of this section shall include the following: (A) The investigative determination, exclusive of the source of the notification, including the nature of the allegation and the date and time of occurrence; (B) A statement that an offender of a founded report has the right to an administrative hearing upon a timely request; (C) A statement that the request for an administrative hearing shall be made to the department within thirty (30) days of receipt of the notice of determination; (D) A statement that the administrative hearing will be by telephone hearing unless the offender requests an in-person hearing within thirty (30) days after the date of receipt of notice of the determination; (E) A statement of intent to report in writing after the offender has had an opportunity for an administrative hearing the founded investigative determination to: (i) The Adult and Long-term Care Facility Resident Maltreatment Central Registry; and (ii) Any applicable licensing authority; (F) A statement that the offender's failure to request an administrative hearing in writing within thirty (30) days from the date of receipt of the notice will result in submission of the investigative report, including the investigative determination, to: (i) The registry; and (ii) Any applicable licensing authority; (G) The consequences of waiving the right to an administrative hearing; (H) The consequences of a finding by a preponderance of the evidence through the administrative hearing process that the maltreatment occurred; (I) The fact that the offender has the right to be represented by an attorney at the offender's own expense; and (J) The name of the person making the notification, his or her occupation, and the location at which he or she can be reached. (c) (1) The administrative hearing process shall be completed within one hundred twenty (120) days from the date of the receipt of the request for a hearing unless waived by the offender. (2) The department shall hold the administrative hearing at a reasonable place and time. (3) For an incident occurring in a long-term care facility, the department may not make a finding that an offender has neglected a long-term care facility resident if the offender demonstrates that the neglect was caused by factors beyond the control of the offender. (4) A delay in completing the administrative hearing process that is attributable to the offender shall not count against the time limit in subdivision (c)(1) of this section. (5) Failure to complete the administrative hearing process in a timely fashion shall not prevent the department or a court from: (A) Reviewing the investigative determination of jurisdiction; (B) Making a final agency determination; or (C) Reviewing a final agency determination under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (6) If any party timely requests an in-person administrative hearing, the hearing officer may notify the parties that the hearing will be conducted by video conference. (d) If the department's investigative determination of founded is upheld during the administrative hearing process or if the offender does not timely appeal for or waives the right to an administrative hearing, the department shall report the investigative determination in writing within ten (10) business days to: (1) The offender; (2) The current administrator of the long-term care facility if the incident occurred in a long-term care facility; (3) The administrator of the long-term care facility that currently employs the offender if different from the long-term care facility in which the incident occurred; (4) The appropriate licensing authority; (5) The registry; (6) The maltreated person or the legal guardian of the maltreated person; and (7) If required under § 21-15-110 , the employer of any offender if the offender is in a designated position with a state agency. Amended by Act 2013, No. 584,§ 5, eff. 8/16/2013. Acts 2005, No. 1812, § 1; 2009, No. 525, § 3; 2011, No. 1139, § 1.

(a) Upon completion of an investigation, the Department of Human Services shall determine that an allegation of adult maltreatment or long-term care facility maltreatment is either: (1) (A) Unfounded, a finding that shall be entered if the allegation is not supported by a preponderance of the evidence. (B) An unfounded hard copy report shall be destroyed one (1) year after the completion of the investigation; or (2) (A) Founded, a finding that shall be entered if the allegation is supported by a preponderance of the evidence. (B) A determination of founded but exempt shall be entered on a report if an adult practicing his or her religious beliefs is receiving spiritual treatment under § 5-28-105 or § 12-12-1704 .

(1) (A) Unfounded, a finding that shall be entered if the allegation is not supported by a preponderance of the evidence. (B) An unfounded hard copy report shall be destroyed one (1) year after the completion of the investigation; or

(A) Unfounded, a finding that shall be entered if the allegation is not supported by a preponderance of the evidence.

(B) An unfounded hard copy report shall be destroyed one (1) year after the completion of the investigation; or

(2) (A) Founded, a finding that shall be entered if the allegation is supported by a preponderance of the evidence. (B) A determination of founded but exempt shall be entered on a report if an adult practicing his or her religious beliefs is receiving spiritual treatment under § 5-28-105 or § 12-12-1704 .

(A) Founded, a finding that shall be entered if the allegation is supported by a preponderance of the evidence.

(B) A determination of founded but exempt shall be entered on a report if an adult practicing his or her religious beliefs is receiving spiritual treatment under § 5-28-105 or § 12-12-1704 .

(b) (1) (A) After making an investigative determination, the department shall notify in writing within ten (10) business days: (i) (a) The person identified as the offender. (b) However, in cases of unfounded self-neglect, no notice is required; (ii) Either the: (a) Person identified as the maltreated person; (b) Legal guardian of the maltreated person; or (c) Natural or legal guardian of a long-term care facility resident under eighteen (18) years of age; (iii) The current administrator of the long-term care facility if the incident occurred in a long-term care facility; and (iv) If known by the Office of Long-Term Care, the administrator of the long-term care facility that currently employs the offender if different from the long-term care facility in which the incident occurred. (B) If the investigation determines that the report is founded, notification to the offender shall be by process server or by certified mail, restricted delivery. (2) The notification under subdivision (b)(1) of this section shall include the following: (A) The investigative determination, exclusive of the source of the notification, including the nature of the allegation and the date and time of occurrence; (B) A statement that an offender of a founded report has the right to an administrative hearing upon a timely request; (C) A statement that the request for an administrative hearing shall be made to the department within thirty (30) days of receipt of the notice of determination; (D) A statement that the administrative hearing will be by telephone hearing unless the offender requests an in-person hearing within thirty (30) days after the date of receipt of notice of the determination; (E) A statement of intent to report in writing after the offender has had an opportunity for an administrative hearing the founded investigative determination to: (i) The Adult and Long-term Care Facility Resident Maltreatment Central Registry; and (ii) Any applicable licensing authority; (F) A statement that the offender's failure to request an administrative hearing in writing within thirty (30) days from the date of receipt of the notice will result in submission of the investigative report, including the investigative determination, to: (i) The registry; and (ii) Any applicable licensing authority; (G) The consequences of waiving the right to an administrative hearing; (H) The consequences of a finding by a preponderance of the evidence through the administrative hearing process that the maltreatment occurred; (I) The fact that the offender has the right to be represented by an attorney at the offender's own expense; and (J) The name of the person making the notification, his or her occupation, and the location at which he or she can be reached.

(1) (A) After making an investigative determination, the department shall notify in writing within ten (10) business days: (i) (a) The person identified as the offender. (b) However, in cases of unfounded self-neglect, no notice is required; (ii) Either the: (a) Person identified as the maltreated person; (b) Legal guardian of the maltreated person; or (c) Natural or legal guardian of a long-term care facility resident under eighteen (18) years of age; (iii) The current administrator of the long-term care facility if the incident occurred in a long-term care facility; and (iv) If known by the Office of Long-Term Care, the administrator of the long-term care facility that currently employs the offender if different from the long-term care facility in which the incident occurred. (B) If the investigation determines that the report is founded, notification to the offender shall be by process server or by certified mail, restricted delivery.

(A) After making an investigative determination, the department shall notify in writing within ten (10) business days: (i) (a) The person identified as the offender. (b) However, in cases of unfounded self-neglect, no notice is required; (ii) Either the: (a) Person identified as the maltreated person; (b) Legal guardian of the maltreated person; or (c) Natural or legal guardian of a long-term care facility resident under eighteen (18) years of age; (iii) The current administrator of the long-term care facility if the incident occurred in a long-term care facility; and (iv) If known by the Office of Long-Term Care, the administrator of the long-term care facility that currently employs the offender if different from the long-term care facility in which the incident occurred.

(i) (a) The person identified as the offender. (b) However, in cases of unfounded self-neglect, no notice is required;

(a) The person identified as the offender.

(b) However, in cases of unfounded self-neglect, no notice is required;

(ii) Either the: (a) Person identified as the maltreated person; (b) Legal guardian of the maltreated person; or (c) Natural or legal guardian of a long-term care facility resident under eighteen (18) years of age;

(a) Person identified as the maltreated person;

(b) Legal guardian of the maltreated person; or

(c) Natural or legal guardian of a long-term care facility resident under eighteen (18) years of age;

(iii) The current administrator of the long-term care facility if the incident occurred in a long-term care facility; and

(iv) If known by the Office of Long-Term Care, the administrator of the long-term care facility that currently employs the offender if different from the long-term care facility in which the incident occurred.

(B) If the investigation determines that the report is founded, notification to the offender shall be by process server or by certified mail, restricted delivery.

(2) The notification under subdivision (b)(1) of this section shall include the following: (A) The investigative determination, exclusive of the source of the notification, including the nature of the allegation and the date and time of occurrence; (B) A statement that an offender of a founded report has the right to an administrative hearing upon a timely request; (C) A statement that the request for an administrative hearing shall be made to the department within thirty (30) days of receipt of the notice of determination; (D) A statement that the administrative hearing will be by telephone hearing unless the offender requests an in-person hearing within thirty (30) days after the date of receipt of notice of the determination; (E) A statement of intent to report in writing after the offender has had an opportunity for an administrative hearing the founded investigative determination to: (i) The Adult and Long-term Care Facility Resident Maltreatment Central Registry; and (ii) Any applicable licensing authority; (F) A statement that the offender's failure to request an administrative hearing in writing within thirty (30) days from the date of receipt of the notice will result in submission of the investigative report, including the investigative determination, to: (i) The registry; and (ii) Any applicable licensing authority; (G) The consequences of waiving the right to an administrative hearing; (H) The consequences of a finding by a preponderance of the evidence through the administrative hearing process that the maltreatment occurred; (I) The fact that the offender has the right to be represented by an attorney at the offender's own expense; and (J) The name of the person making the notification, his or her occupation, and the location at which he or she can be reached.

(A) The investigative determination, exclusive of the source of the notification, including the nature of the allegation and the date and time of occurrence;

(B) A statement that an offender of a founded report has the right to an administrative hearing upon a timely request;

(C) A statement that the request for an administrative hearing shall be made to the department within thirty (30) days of receipt of the notice of determination;

(D) A statement that the administrative hearing will be by telephone hearing unless the offender requests an in-person hearing within thirty (30) days after the date of receipt of notice of the determination;

(E) A statement of intent to report in writing after the offender has had an opportunity for an administrative hearing the founded investigative determination to: (i) The Adult and Long-term Care Facility Resident Maltreatment Central Registry; and (ii) Any applicable licensing authority;

(i) The Adult and Long-term Care Facility Resident Maltreatment Central Registry; and

(ii) Any applicable licensing authority;

(F) A statement that the offender's failure to request an administrative hearing in writing within thirty (30) days from the date of receipt of the notice will result in submission of the investigative report, including the investigative determination, to: (i) The registry; and (ii) Any applicable licensing authority;

(i) The registry; and

(ii) Any applicable licensing authority;

(G) The consequences of waiving the right to an administrative hearing;

(H) The consequences of a finding by a preponderance of the evidence through the administrative hearing process that the maltreatment occurred;

(I) The fact that the offender has the right to be represented by an attorney at the offender's own expense; and

(J) The name of the person making the notification, his or her occupation, and the location at which he or she can be reached.

(c) (1) The administrative hearing process shall be completed within one hundred twenty (120) days from the date of the receipt of the request for a hearing unless waived by the offender. (2) The department shall hold the administrative hearing at a reasonable place and time. (3) For an incident occurring in a long-term care facility, the department may not make a finding that an offender has neglected a long-term care facility resident if the offender demonstrates that the neglect was caused by factors beyond the control of the offender. (4) A delay in completing the administrative hearing process that is attributable to the offender shall not count against the time limit in subdivision (c)(1) of this section. (5) Failure to complete the administrative hearing process in a timely fashion shall not prevent the department or a court from: (A) Reviewing the investigative determination of jurisdiction; (B) Making a final agency determination; or (C) Reviewing a final agency determination under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (6) If any party timely requests an in-person administrative hearing, the hearing officer may notify the parties that the hearing will be conducted by video conference.

(1) The administrative hearing process shall be completed within one hundred twenty (120) days from the date of the receipt of the request for a hearing unless waived by the offender.

(2) The department shall hold the administrative hearing at a reasonable place and time.

(3) For an incident occurring in a long-term care facility, the department may not make a finding that an offender has neglected a long-term care facility resident if the offender demonstrates that the neglect was caused by factors beyond the control of the offender.

(4) A delay in completing the administrative hearing process that is attributable to the offender shall not count against the time limit in subdivision (c)(1) of this section.

(5) Failure to complete the administrative hearing process in a timely fashion shall not prevent the department or a court from: (A) Reviewing the investigative determination of jurisdiction; (B) Making a final agency determination; or (C) Reviewing a final agency determination under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) Reviewing the investigative determination of jurisdiction;

(B) Making a final agency determination; or

(C) Reviewing a final agency determination under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(6) If any party timely requests an in-person administrative hearing, the hearing officer may notify the parties that the hearing will be conducted by video conference.

(d) If the department's investigative determination of founded is upheld during the administrative hearing process or if the offender does not timely appeal for or waives the right to an administrative hearing, the department shall report the investigative determination in writing within ten (10) business days to: (1) The offender; (2) The current administrator of the long-term care facility if the incident occurred in a long-term care facility; (3) The administrator of the long-term care facility that currently employs the offender if different from the long-term care facility in which the incident occurred; (4) The appropriate licensing authority; (5) The registry; (6) The maltreated person or the legal guardian of the maltreated person; and (7) If required under § 21-15-110 , the employer of any offender if the offender is in a designated position with a state agency.

(1) The offender;

(2) The current administrator of the long-term care facility if the incident occurred in a long-term care facility;

(3) The administrator of the long-term care facility that currently employs the offender if different from the long-term care facility in which the incident occurred;

(4) The appropriate licensing authority;

(5) The registry;

(6) The maltreated person or the legal guardian of the maltreated person; and

(7) If required under § 21-15-110 , the employer of any offender if the offender is in a designated position with a state agency.

Amended by Act 2013, No. 584,§ 5, eff. 8/16/2013.

Acts 2005, No. 1812, § 1; 2009, No. 525, § 3; 2011, No. 1139, § 1.
Ark. Code Ann. § 12-62-715 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-715
Installment contracts
Status: in_force

(a) The creditor of a service member who, before entry into military service, has entered into an installment contract for the purchase of real or personal property shall not terminate the contract or repossess the property for nonpayment or any breach occurring during military service without an order from a court of competent jurisdiction. (b) The court, upon application to it under this section, unless the court finds on the record that the ability of the service member to comply with the terms of the contract is not materially affected by reason of his or her military service, may: (1) Order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property; (2) Order a stay of the proceedings on its own motion or on a motion by the service member or another person on his or her behalf; or (3) Make any other disposition of the case it considers to be equitable to conserve the interests of all parties. (c) Any person who knowingly repossesses property that is the subject of this section other than as provided in subsection (a) of this section is guilty of an unclassified misdemeanor. Acts 2003, No. 1003, § 15.

(a) The creditor of a service member who, before entry into military service, has entered into an installment contract for the purchase of real or personal property shall not terminate the contract or repossess the property for nonpayment or any breach occurring during military service without an order from a court of competent jurisdiction.

(b) The court, upon application to it under this section, unless the court finds on the record that the ability of the service member to comply with the terms of the contract is not materially affected by reason of his or her military service, may: (1) Order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property; (2) Order a stay of the proceedings on its own motion or on a motion by the service member or another person on his or her behalf; or (3) Make any other disposition of the case it considers to be equitable to conserve the interests of all parties.

(1) Order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property;

(2) Order a stay of the proceedings on its own motion or on a motion by the service member or another person on his or her behalf; or

(3) Make any other disposition of the case it considers to be equitable to conserve the interests of all parties.

(c) Any person who knowingly repossesses property that is the subject of this section other than as provided in subsection (a) of this section is guilty of an unclassified misdemeanor.

Acts 2003, No. 1003, § 15.
Ark. Code Ann. § 12-27-202 — AR Code / Title 12 / Chapter 27 / Subchapter 2 / Section 12-27-202
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) Incarceration and reincarceration are costly for the government and for taxpayers; (2) Certain intervention measures have been found to reduce reincarceration rates; (3) Pay-for-success contracts can serve as an effective tool for addressing certain issues concerning Arkansas correctional facilities, including overcrowding, by enabling the state to finance programs aimed at reducing recidivism rates; and (4) It is in the best interests of Arkansas residents to encourage and enable the Division of Community Correction to obtain financing for certain intervention services to reduce the recidivism rate in Arkansas correctional facilities. (b) The General Assembly intends for this subchapter to enable the division to obtain private financing for intervention services on a pay-for-success basis to reduce the reincarceration rate in Arkansas correctional facilities. Amended by Act 2019, No. 910,§ 772, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 771, eff. 7/1/2019. Added by Act 2015, No. 895,§ 9, eff. 4/1/2015.

(a) The General Assembly finds that: (1) Incarceration and reincarceration are costly for the government and for taxpayers; (2) Certain intervention measures have been found to reduce reincarceration rates; (3) Pay-for-success contracts can serve as an effective tool for addressing certain issues concerning Arkansas correctional facilities, including overcrowding, by enabling the state to finance programs aimed at reducing recidivism rates; and (4) It is in the best interests of Arkansas residents to encourage and enable the Division of Community Correction to obtain financing for certain intervention services to reduce the recidivism rate in Arkansas correctional facilities.

(1) Incarceration and reincarceration are costly for the government and for taxpayers;

(2) Certain intervention measures have been found to reduce reincarceration rates;

(3) Pay-for-success contracts can serve as an effective tool for addressing certain issues concerning Arkansas correctional facilities, including overcrowding, by enabling the state to finance programs aimed at reducing recidivism rates; and

(4) It is in the best interests of Arkansas residents to encourage and enable the Division of Community Correction to obtain financing for certain intervention services to reduce the recidivism rate in Arkansas correctional facilities.

(b) The General Assembly intends for this subchapter to enable the division to obtain private financing for intervention services on a pay-for-success basis to reduce the reincarceration rate in Arkansas correctional facilities.

Amended by Act 2019, No. 910,§ 772, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 771, eff. 7/1/2019.

Added by Act 2015, No. 895,§ 9, eff. 4/1/2015.
Ark. Code Ann. § 12-64-401 — AR Code / Title 12 / Chapter 64 / Subchapter 4 / Section 12-64-401
Classifications of courts-martial
Status: in_force

There shall be three (3) kinds of courts-martial in each of the forces of the organized militia, namely: (1) General courts-martial, which shall consist of: (A) A military judge and: (i) Any number of members not less than eight (8); or (ii) Six (6) or seven (7) members if after impanelment as required by subdivision (1)(A)(i) of this section there are challenges or excusals; or (B) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves; (2) Special courts-martial, consisting of: (A) A military judge and not less than four (4) members; or (B) Only a military judge, if one has been detailed to the court, and the accused, under the conditions prescribed in subdivision (1)(B) of this section, so requests, or if referred by the convening authority under the United States Uniform Code of Military Justice, 10 U.S.C. § 801 et seq., subject to applicable limitations; and (3) Summary courts-martial which shall consist of one (1) officer. Amended by Act 2019, No. 211,§ 5, eff. 2/26/2019. Acts 1969, No. 50, § 60; A.S.A. 1947, § 11-615; Acts 1987, No. 125, § 1.

There shall be three (3) kinds of courts-martial in each of the forces of the organized militia, namely:

(1) General courts-martial, which shall consist of: (A) A military judge and: (i) Any number of members not less than eight (8); or (ii) Six (6) or seven (7) members if after impanelment as required by subdivision (1)(A)(i) of this section there are challenges or excusals; or (B) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves;

(A) A military judge and: (i) Any number of members not less than eight (8); or (ii) Six (6) or seven (7) members if after impanelment as required by subdivision (1)(A)(i) of this section there are challenges or excusals; or

(i) Any number of members not less than eight (8); or

(ii) Six (6) or seven (7) members if after impanelment as required by subdivision (1)(A)(i) of this section there are challenges or excusals; or

(B) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves;

(2) Special courts-martial, consisting of: (A) A military judge and not less than four (4) members; or (B) Only a military judge, if one has been detailed to the court, and the accused, under the conditions prescribed in subdivision (1)(B) of this section, so requests, or if referred by the convening authority under the United States Uniform Code of Military Justice, 10 U.S.C. § 801 et seq., subject to applicable limitations; and

(A) A military judge and not less than four (4) members; or

(B) Only a military judge, if one has been detailed to the court, and the accused, under the conditions prescribed in subdivision (1)(B) of this section, so requests, or if referred by the convening authority under the United States Uniform Code of Military Justice, 10 U.S.C. § 801 et seq., subject to applicable limitations; and

(3) Summary courts-martial which shall consist of one (1) officer.

Amended by Act 2019, No. 211,§ 5, eff. 2/26/2019.

Acts 1969, No. 50, § 60; A.S.A. 1947, § 11-615; Acts 1987, No. 125, § 1.
Ark. Code Ann. § 12-42-107 — AR Code / Title 12 / Chapter 42 / Section 12-42-107
Procedure when satisfactory contract cannot be made
Status: in_force

(a) (1) If the county court or county judge thereof in vacation, or the mayor of any city or incorporated town, is unable to make a satisfactory contract with some county, city, or incorporated town, or if the contract does not necessarily, by its terms, cover all persons committed to jail to serve a sentence or in default of the payment of a fine and costs adjudged against him or her, in the county or city where the conviction is had, then the county court or county judge thereof may order the prisoners to be worked. (2) The prisoners may be worked on the public roads, bridges, levees, or any other public improvement of the county or may perform any other lawful labor for the benefit of the county. (b) The city or town council or the governing body of any municipality or the mayor thereof may order the prisoners worked on any public streets, alleys, public buildings, public parks, or any other public improvements of the city or may order them to perform any other lawful labor for the benefit of the city, under such rules and regulations not inconsistent with the provisions of this section or §§ 12-42-102 and 12-42-104 - 12-42-106 , as the county court or county judge thereof, or the mayor and governing body of any municipality thereof may prescribe. Acts 1939, No. 118, § 4; 1965, No. 371, § 1; A.S.A. 1947, § 46-505.

(a) (1) If the county court or county judge thereof in vacation, or the mayor of any city or incorporated town, is unable to make a satisfactory contract with some county, city, or incorporated town, or if the contract does not necessarily, by its terms, cover all persons committed to jail to serve a sentence or in default of the payment of a fine and costs adjudged against him or her, in the county or city where the conviction is had, then the county court or county judge thereof may order the prisoners to be worked. (2) The prisoners may be worked on the public roads, bridges, levees, or any other public improvement of the county or may perform any other lawful labor for the benefit of the county.

(1) If the county court or county judge thereof in vacation, or the mayor of any city or incorporated town, is unable to make a satisfactory contract with some county, city, or incorporated town, or if the contract does not necessarily, by its terms, cover all persons committed to jail to serve a sentence or in default of the payment of a fine and costs adjudged against him or her, in the county or city where the conviction is had, then the county court or county judge thereof may order the prisoners to be worked.

(2) The prisoners may be worked on the public roads, bridges, levees, or any other public improvement of the county or may perform any other lawful labor for the benefit of the county.

(b) The city or town council or the governing body of any municipality or the mayor thereof may order the prisoners worked on any public streets, alleys, public buildings, public parks, or any other public improvements of the city or may order them to perform any other lawful labor for the benefit of the city, under such rules and regulations not inconsistent with the provisions of this section or §§ 12-42-102 and 12-42-104 - 12-42-106 , as the county court or county judge thereof, or the mayor and governing body of any municipality thereof may prescribe.

Acts 1939, No. 118, § 4; 1965, No. 371, § 1; A.S.A. 1947, § 46-505.
Ark. Code Ann. § 12-64-203 — AR Code / Title 12 / Chapter 64 / Subchapter 2 / Section 12-64-203
Restraint
Status: in_force

Subject to the orders or rules of the Adjutant General, commanders of the organized militia may restrain persons under their jurisdiction to the same extent as military commanders in service to the United States. Amended by Act 2019, No. 315,§ 950, eff. 7/24/2019. Amended by Act 2015, No. 1003,§ 10, eff. 7/22/2015. Acts 1969, No. 50, § 54; A.S.A. 1947, § 11-609.

Subject to the orders or rules of the Adjutant General, commanders of the organized militia may restrain persons under their jurisdiction to the same extent as military commanders in service to the United States.

Amended by Act 2019, No. 315,§ 950, eff. 7/24/2019.

Amended by Act 2015, No. 1003,§ 10, eff. 7/22/2015.

Acts 1969, No. 50, § 54; A.S.A. 1947, § 11-609.