Ark. Code Ann. § 12-75-102 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-102
Policy and purposes
Status: in_force

(a) Because of the existing and increasing possibility of the occurrence of a major emergency or a disaster of unprecedented size and destructiveness resulting from enemy attack, natural or human-caused catastrophes, or riots and civil disturbances and in order to ensure that this state will be prepared to deal with such contingencies in a timely, coordinated, and efficient manner and generally to provide for the common defense and protect the public peace, health, safety and preserve the lives and property of the state, it is found and declared to be necessary to: (1) Create from the present Office of Emergency Services and current adjunct offices the Arkansas Department of Emergency Management and authorize and direct the creation of comparable local organizations within the political subdivisions of the state; (2) Confer upon the Governor and upon the executive heads of the political subdivisions of the state the emergency powers provided herein; (3) Provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the federal government with respect to carrying out emergency management functions; (4) Direct the establishment of emergency management liaison offices within each state department and agency with an emergency management role or responsibility; and (5) Provide for workers' compensation benefits for emergency management workers performing emergency management operations. (b) It is further declared to be the purpose of this chapter and the policy of the state to authorize and provide for a disaster management system embodying all aspects of predisaster preparedness and post-disaster response by requiring all: (1) State and local government offices to coordinate emergency management activities through the department in order to coordinate personnel, equipment, and resources for the most effective and economical use; and (2) Emergency management-related functions of this state be coordinated to the maximum extent with comparable functions of the federal government, including its various departments and agencies, with other states and localities, and with private agencies of every type, to the end that the most effective preparation and use may be made of the state and national personnel, resources, and facilities for dealing with any disaster that may occur. (c) (1) The protection of lives and property is the responsibility of all levels of government. (2) Except as noted in this chapter, county and municipal governments bear primary responsibility for initial actions and activities related to disaster preparedness, response, and recovery for the county and the municipalities in the county through their local offices of emergency management, with support from the department. (d) (1) (A) When events have exceeded, or will exceed, local government's ability to respond or recover without state assistance, the chief executive officer shall declare a local state of disaster or emergency as prescribed in this chapter to signify his or her intent to request resources of the state or federal government, or both. (B) Where time constraints are critical to the saving of lives and property, the local chief executive officer may verbally declare a local state of disaster or emergency to the Director of the Arkansas Department of Emergency Management, to be followed by a written declaration as soon as practicable. (2) (A) Only upon such declaration may the resources of the state be provided, and then may the state request that the assistance and resources of the federal government be provided, unless and except where the magnitude of the disaster is of such severity that the functions of local government have ceased or the chief executive officer of the municipal or county government, or both, and his or her designated successor have become incapacitated. (B) Under such conditions the Governor may declare a state of disaster or emergency on behalf of the specified local jurisdiction and direct emergency functions until such time as local government is restored. Acts 1973, No. 511, § 2; 1981, No. 891, § 1; 1985, No. 687, § 1; 1985, No. 978, § 1; A.S.A. 1947, § 11-1935; Acts 1999, No. 646, §§ 4-6; 2007, No. 197, § 1; 2009, No. 165, §§ 15-19.

(a) Because of the existing and increasing possibility of the occurrence of a major emergency or a disaster of unprecedented size and destructiveness resulting from enemy attack, natural or human-caused catastrophes, or riots and civil disturbances and in order to ensure that this state will be prepared to deal with such contingencies in a timely, coordinated, and efficient manner and generally to provide for the common defense and protect the public peace, health, safety and preserve the lives and property of the state, it is found and declared to be necessary to: (1) Create from the present Office of Emergency Services and current adjunct offices the Arkansas Department of Emergency Management and authorize and direct the creation of comparable local organizations within the political subdivisions of the state; (2) Confer upon the Governor and upon the executive heads of the political subdivisions of the state the emergency powers provided herein; (3) Provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the federal government with respect to carrying out emergency management functions; (4) Direct the establishment of emergency management liaison offices within each state department and agency with an emergency management role or responsibility; and (5) Provide for workers' compensation benefits for emergency management workers performing emergency management operations.

(1) Create from the present Office of Emergency Services and current adjunct offices the Arkansas Department of Emergency Management and authorize and direct the creation of comparable local organizations within the political subdivisions of the state;

(2) Confer upon the Governor and upon the executive heads of the political subdivisions of the state the emergency powers provided herein;

(3) Provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the federal government with respect to carrying out emergency management functions;

(4) Direct the establishment of emergency management liaison offices within each state department and agency with an emergency management role or responsibility; and

(5) Provide for workers' compensation benefits for emergency management workers performing emergency management operations.

(b) It is further declared to be the purpose of this chapter and the policy of the state to authorize and provide for a disaster management system embodying all aspects of predisaster preparedness and post-disaster response by requiring all: (1) State and local government offices to coordinate emergency management activities through the department in order to coordinate personnel, equipment, and resources for the most effective and economical use; and (2) Emergency management-related functions of this state be coordinated to the maximum extent with comparable functions of the federal government, including its various departments and agencies, with other states and localities, and with private agencies of every type, to the end that the most effective preparation and use may be made of the state and national personnel, resources, and facilities for dealing with any disaster that may occur.

(1) State and local government offices to coordinate emergency management activities through the department in order to coordinate personnel, equipment, and resources for the most effective and economical use; and

(2) Emergency management-related functions of this state be coordinated to the maximum extent with comparable functions of the federal government, including its various departments and agencies, with other states and localities, and with private agencies of every type, to the end that the most effective preparation and use may be made of the state and national personnel, resources, and facilities for dealing with any disaster that may occur.

(c) (1) The protection of lives and property is the responsibility of all levels of government. (2) Except as noted in this chapter, county and municipal governments bear primary responsibility for initial actions and activities related to disaster preparedness, response, and recovery for the county and the municipalities in the county through their local offices of emergency management, with support from the department.

(1) The protection of lives and property is the responsibility of all levels of government.

(2) Except as noted in this chapter, county and municipal governments bear primary responsibility for initial actions and activities related to disaster preparedness, response, and recovery for the county and the municipalities in the county through their local offices of emergency management, with support from the department.

(d) (1) (A) When events have exceeded, or will exceed, local government's ability to respond or recover without state assistance, the chief executive officer shall declare a local state of disaster or emergency as prescribed in this chapter to signify his or her intent to request resources of the state or federal government, or both. (B) Where time constraints are critical to the saving of lives and property, the local chief executive officer may verbally declare a local state of disaster or emergency to the Director of the Arkansas Department of Emergency Management, to be followed by a written declaration as soon as practicable. (2) (A) Only upon such declaration may the resources of the state be provided, and then may the state request that the assistance and resources of the federal government be provided, unless and except where the magnitude of the disaster is of such severity that the functions of local government have ceased or the chief executive officer of the municipal or county government, or both, and his or her designated successor have become incapacitated. (B) Under such conditions the Governor may declare a state of disaster or emergency on behalf of the specified local jurisdiction and direct emergency functions until such time as local government is restored.

(1) (A) When events have exceeded, or will exceed, local government's ability to respond or recover without state assistance, the chief executive officer shall declare a local state of disaster or emergency as prescribed in this chapter to signify his or her intent to request resources of the state or federal government, or both. (B) Where time constraints are critical to the saving of lives and property, the local chief executive officer may verbally declare a local state of disaster or emergency to the Director of the Arkansas Department of Emergency Management, to be followed by a written declaration as soon as practicable.

(A) When events have exceeded, or will exceed, local government's ability to respond or recover without state assistance, the chief executive officer shall declare a local state of disaster or emergency as prescribed in this chapter to signify his or her intent to request resources of the state or federal government, or both.

(B) Where time constraints are critical to the saving of lives and property, the local chief executive officer may verbally declare a local state of disaster or emergency to the Director of the Arkansas Department of Emergency Management, to be followed by a written declaration as soon as practicable.

(2) (A) Only upon such declaration may the resources of the state be provided, and then may the state request that the assistance and resources of the federal government be provided, unless and except where the magnitude of the disaster is of such severity that the functions of local government have ceased or the chief executive officer of the municipal or county government, or both, and his or her designated successor have become incapacitated. (B) Under such conditions the Governor may declare a state of disaster or emergency on behalf of the specified local jurisdiction and direct emergency functions until such time as local government is restored.

(A) Only upon such declaration may the resources of the state be provided, and then may the state request that the assistance and resources of the federal government be provided, unless and except where the magnitude of the disaster is of such severity that the functions of local government have ceased or the chief executive officer of the municipal or county government, or both, and his or her designated successor have become incapacitated.

(B) Under such conditions the Governor may declare a state of disaster or emergency on behalf of the specified local jurisdiction and direct emergency functions until such time as local government is restored.

Acts 1973, No. 511, § 2; 1981, No. 891, § 1; 1985, No. 687, § 1; 1985, No. 978, § 1; A.S.A. 1947, § 11-1935; Acts 1999, No. 646, §§ 4-6; 2007, No. 197, § 1; 2009, No. 165, §§ 15-19.
Ark. Code Ann. § 12-12-322 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-322
Hazardous duty pay
Status: in_force

(a) (1) The State Crime Laboratory is authorized to provide special compensation to certain employees for each full pay period of eighty (80) hours worked in a job which requires contact at crime scenes, emergency sites, or other sites where exposure to potentially hazardous substances is possible. (2) It is recognized that many substances which may be encountered may create harmful health effects from either short-term or long-term exposure. (3) This special pay is to compensate the employees for the increased risk of personal injury. (4) The rate of pay will be one and one-half (1.5) times the regular authorized hourly pay or hourly rate of pay and will be paid only for the time while at the site of a clandestine laboratory. (5) Payment will be controlled by the Director of the State Crime Laboratory. (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 subsection (a) of this section, or both, will not receive any enhanced rate of pay for that or subsequent pay periods. (c) This section covers employees who respond to clandestine laboratory sites for the purpose of assisting and dismantling of such laboratory sites and is limited to those employees in the position of: Class Code Title (1) B048 Chief Forensic Chemist; (2) Y023 Crime Lab Instrumentation Engineer, when performing the duties of a Forensic Chemist; (3) B057 Forensic Chemist; and (4) N336 Latent Prints Examiner. (d) 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,§ 5854, eff. 7/1/2019. Acts 1995, No. 1151, § 4; 1997, No. 254, [§ 1].

(a) (1) The State Crime Laboratory is authorized to provide special compensation to certain employees for each full pay period of eighty (80) hours worked in a job which requires contact at crime scenes, emergency sites, or other sites where exposure to potentially hazardous substances is possible. (2) It is recognized that many substances which may be encountered may create harmful health effects from either short-term or long-term exposure. (3) This special pay is to compensate the employees for the increased risk of personal injury. (4) The rate of pay will be one and one-half (1.5) times the regular authorized hourly pay or hourly rate of pay and will be paid only for the time while at the site of a clandestine laboratory. (5) Payment will be controlled by the Director of the State Crime Laboratory.

(1) The State Crime Laboratory is authorized to provide special compensation to certain employees for each full pay period of eighty (80) hours worked in a job which requires contact at crime scenes, emergency sites, or other sites where exposure to potentially hazardous substances is possible.

(2) It is recognized that many substances which may be encountered may create harmful health effects from either short-term or long-term exposure.

(3) This special pay is to compensate the employees for the increased risk of personal injury.

(4) The rate of pay will be one and one-half (1.5) times the regular authorized hourly pay or hourly rate of pay and will be paid only for the time while at the site of a clandestine laboratory.

(5) Payment will be controlled by the Director of the State Crime Laboratory.

(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 subsection (a) of this section, or both, will not receive any enhanced rate of pay for that or subsequent pay periods.

(c) This section covers employees who respond to clandestine laboratory sites for the purpose of assisting and dismantling of such laboratory sites and is limited to those employees in the position of: Class Code Title (1) B048 Chief Forensic Chemist; (2) Y023 Crime Lab Instrumentation Engineer, when performing the duties of a Forensic Chemist; (3) B057 Forensic Chemist; and (4) N336 Latent Prints Examiner.

Class Code Title (1) B048 Chief Forensic Chemist; (2) Y023 Crime Lab Instrumentation Engineer, when performing the duties of a Forensic Chemist; (3) B057 Forensic Chemist; and (4) N336 Latent Prints Examiner.

Class Code

Title

(1)

B048

Chief Forensic Chemist;

(2)

Y023

Crime Lab Instrumentation Engineer, when performing the duties of a Forensic Chemist;

(3)

B057

Forensic Chemist; and

(4)

N336

Latent Prints Examiner.

(d) 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,§ 5854, eff. 7/1/2019.

Acts 1995, No. 1151, § 4; 1997, No. 254, [§ 1].
Ark. Code Ann. § 12-29-501 — AR Code / Title 12 / Chapter 29 / Subchapter 5 / Section 12-29-501
Title
Status: in_force

This subchapter may be known and cited as the "State Prison Inmate Care and Custody Reimbursement Act". Acts 1981, No. 715, § 1; A.S.A. 1947, § 46-1701.

This subchapter may be known and cited as the "State Prison Inmate Care and Custody Reimbursement Act".

Acts 1981, No. 715, § 1; A.S.A. 1947, § 46-1701.
Ark. Code Ann. § 12-8-127 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-127
Food and medical care for retired canine
Status: in_force

(a) The Department of Public Safety shall provide payment of up to two thousand five hundred dollars ($2,500) per year for the costs of food, flea and tick infestation prevention, and veterinarian bills for a canine that is: (1) Retired from the Division of Arkansas State Police; and (2) Adopted by a division canine handler. (b) The department shall promulgate rules for the implementation of this section. Added by Act 2023, No. 113,§ 2, eff. 8/1/2023. Act 2023, No. 113,§ 2provides that his act shall be known and may be cited as Rino's Law.

(a) The Department of Public Safety shall provide payment of up to two thousand five hundred dollars ($2,500) per year for the costs of food, flea and tick infestation prevention, and veterinarian bills for a canine that is: (1) Retired from the Division of Arkansas State Police; and (2) Adopted by a division canine handler.

(1) Retired from the Division of Arkansas State Police; and

(2) Adopted by a division canine handler.

(b) The department shall promulgate rules for the implementation of this section.

Added by Act 2023, No. 113,§ 2, eff. 8/1/2023.

Act 2023, No. 113,§ 2provides that his act shall be known and may be cited as Rino's Law.
Ark. Code Ann. § 12-77-104 — AR Code / Title 12 / Chapter 77 / Section 12-77-104
Compliance with the Arkansas Emergency Services Act
Status: in_force

(a) It is the intention of the General Assembly that this chapter shall be in compliance with the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., to the extent that if this chapter or any provision of it or application thereof to any person or circumstance is held in opposition to or out of compliance with the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., then such provisions of this chapter are invalid. (b) However, the invalidity of a provision or provisions of this chapter shall not affect other provisions or application of this chapter which can be given effect without the invalid provision, provisions, or their application. Acts 1989, No. 247, § 8.

(a) It is the intention of the General Assembly that this chapter shall be in compliance with the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., to the extent that if this chapter or any provision of it or application thereof to any person or circumstance is held in opposition to or out of compliance with the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., then such provisions of this chapter are invalid.

(b) However, the invalidity of a provision or provisions of this chapter shall not affect other provisions or application of this chapter which can be given effect without the invalid provision, provisions, or their application.

Acts 1989, No. 247, § 8.
Ark. Code Ann. § 12-41-701 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-701
Definitions
Status: in_force

As used in this subchapter: (1) "Board" means the county jail board, municipal jail board, or public instrumentality jail board, as the case may be, established by ordinance or resolution of the quorum court of the county or the governing body of the municipality or public instrumentality under the provisions of this subchapter; (2) "Bonds" means bonds, series of bonds, or other evidences of indebtedness authorized by and issued by a board pursuant to the provisions of this subchapter; (3) (A) "Construct" or "construction" means to acquire, construct, reconstruct, remodel, install, and equip any lands, buildings, structures, improvements, or other real, personal, or mixed property used in connection with a jail and to make other necessary expenditures in connection therewith, by such methods and in such manner as may be authorized by law. (B) "Construct" or "construction" also includes payment or provision for payment of expenses incidental thereto; (4) (A) "Expand" or "expansion" means to add, renovate, extend, or improve a jail and may include any necessary or appropriate remodeling or improvement to a present jail and shall include appropriate equipment and furnishings as determined by the board. (B) "Expand" or "expansion" also includes payment or provision for payment of expenses incidental to expansion; (5) "Fines" or "fines and penalties" means the fines, penalties, bonds against fines, court costs, filing fees, other court fees, and other sums payable by judicial order, statute, ordinance, or otherwise imposed by law and collected by a county, municipality, or public instrumentality or otherwise; (6) (A) "Jail" means a county jail or jails and jail facilities of a county, a municipal jail or jails and jail facilities of a municipality, or a public instrumentality jail or jails and jail facilities of a public instrumentality in this state. (B) "Jail" also means a jail constructed and operated under a cooperative agreement between any two (2) or more municipalities, counties, or public instrumentalities in any combination for the housing of their respective misdemeanant incarcerants and other incarcerants awaiting trial; (7) "Jail facilities" means all property of any nature, whether personal or real, tangible or intangible, related in any way to a jail and its functions; (8) "Municipality" means any city of the first class or city of the second class and any incorporated town in this state; (9) "Pledged revenues" means all revenues allocated by this subchapter to be pledged for the security and payment of the bonds; and (10) "Public instrumentality" means any public facilities board, regardless of whether formed by county or municipal ordinance, and any other governmental or political subdivision of this state. Acts 1983, No. 918, § 6; A.S.A. 1947, § 46-451; Acts 2001, No. 561, § 32; 2003, No. 1772, § 1.

As used in this subchapter:

(1) "Board" means the county jail board, municipal jail board, or public instrumentality jail board, as the case may be, established by ordinance or resolution of the quorum court of the county or the governing body of the municipality or public instrumentality under the provisions of this subchapter;

(2) "Bonds" means bonds, series of bonds, or other evidences of indebtedness authorized by and issued by a board pursuant to the provisions of this subchapter;

(3) (A) "Construct" or "construction" means to acquire, construct, reconstruct, remodel, install, and equip any lands, buildings, structures, improvements, or other real, personal, or mixed property used in connection with a jail and to make other necessary expenditures in connection therewith, by such methods and in such manner as may be authorized by law. (B) "Construct" or "construction" also includes payment or provision for payment of expenses incidental thereto;

(A) "Construct" or "construction" means to acquire, construct, reconstruct, remodel, install, and equip any lands, buildings, structures, improvements, or other real, personal, or mixed property used in connection with a jail and to make other necessary expenditures in connection therewith, by such methods and in such manner as may be authorized by law.

(B) "Construct" or "construction" also includes payment or provision for payment of expenses incidental thereto;

(4) (A) "Expand" or "expansion" means to add, renovate, extend, or improve a jail and may include any necessary or appropriate remodeling or improvement to a present jail and shall include appropriate equipment and furnishings as determined by the board. (B) "Expand" or "expansion" also includes payment or provision for payment of expenses incidental to expansion;

(A) "Expand" or "expansion" means to add, renovate, extend, or improve a jail and may include any necessary or appropriate remodeling or improvement to a present jail and shall include appropriate equipment and furnishings as determined by the board.

(B) "Expand" or "expansion" also includes payment or provision for payment of expenses incidental to expansion;

(5) "Fines" or "fines and penalties" means the fines, penalties, bonds against fines, court costs, filing fees, other court fees, and other sums payable by judicial order, statute, ordinance, or otherwise imposed by law and collected by a county, municipality, or public instrumentality or otherwise;

(6) (A) "Jail" means a county jail or jails and jail facilities of a county, a municipal jail or jails and jail facilities of a municipality, or a public instrumentality jail or jails and jail facilities of a public instrumentality in this state. (B) "Jail" also means a jail constructed and operated under a cooperative agreement between any two (2) or more municipalities, counties, or public instrumentalities in any combination for the housing of their respective misdemeanant incarcerants and other incarcerants awaiting trial;

(A) "Jail" means a county jail or jails and jail facilities of a county, a municipal jail or jails and jail facilities of a municipality, or a public instrumentality jail or jails and jail facilities of a public instrumentality in this state.

(B) "Jail" also means a jail constructed and operated under a cooperative agreement between any two (2) or more municipalities, counties, or public instrumentalities in any combination for the housing of their respective misdemeanant incarcerants and other incarcerants awaiting trial;

(7) "Jail facilities" means all property of any nature, whether personal or real, tangible or intangible, related in any way to a jail and its functions;

(8) "Municipality" means any city of the first class or city of the second class and any incorporated town in this state;

(9) "Pledged revenues" means all revenues allocated by this subchapter to be pledged for the security and payment of the bonds; and

(10) "Public instrumentality" means any public facilities board, regardless of whether formed by county or municipal ordinance, and any other governmental or political subdivision of this state.

Acts 1983, No. 918, § 6; A.S.A. 1947, § 46-451; Acts 2001, No. 561, § 32; 2003, No. 1772, § 1.
Ark. Code Ann. § 12-12-402 — AR Code / Title 12 / Chapter 12 / Subchapter 4 / Section 12-12-402
Procedures governing medical treatment
Status: in_force

(a) All licensed healthcare providers conducting medical-legal examinations in Arkansas shall adhere to the procedures set forth in this section in the event that a person presents himself or herself or is presented for treatment as a victim of rape, attempted rape, any other type of sexual assault, or incest. (b) (1) (A) Any adult victim presented for medical treatment shall make the decision of whether or not the incident will be reported to a law enforcement agency. (B) No licensed healthcare provider may require an adult victim to report the incident in order to receive medical treatment. (C) (i) Evidence will be collected only with the permission of the victim. (ii) However, permission shall not be required when the victim is unconscious, mentally incapable of consent, or intoxicated. (2) (A) Should an adult victim wish to report the incident to a law enforcement agency, the appropriate law enforcement agencies shall be contacted by the licensed healthcare provider or the victim's designee. (B) (i) The victim shall be given a medical screening examination by a qualified medical person as provided under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd , as in effect on January 1, 2001, if the victim arrives at the emergency department of a hospital, and the person shall be examined and treated and any injuries requiring medical attention will be treated in the standard manner. (ii) A medical-legal examination shall be conducted and specimens shall be collected for evidence. (C) If a law enforcement agency has been contacted and with the permission of the victim, the evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident. (c) (1) Any victim under eighteen (18) years of age shall be examined and treated, and any injuries requiring medical attention shall be treated in the standard manner. (2) A medical-legal examination shall be performed, and specimens shall be collected for evidence. (3) The reporting licensed healthcare provider shall follow the procedures set forth in Subchapter 4 of the Child Maltreatment Act, § 12-18-101 et seq., regarding the reporting of injuries to victims under eighteen (18) years of age. (4) The evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident. (d) Reimbursement for the medical-legal examinations shall be available to the licensed healthcare provider pursuant to the procedures set forth in § 12-12-403 . (e) A licensed healthcare provider shall not transfer the victim to another licensed healthcare provider unless: (1) The victim or a parent or guardian of a victim under eighteen (18) years of age requests the transfer, or a physician or other qualified medical personnel when a physician is not available has signed a certification that the benefits to the victim's health would outweigh the risks to the victim's health as a result of the transfer; and (2) The transferring licensed healthcare provider provides all necessary medical records and ensures that appropriate transportation is available. Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 845,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 250,§ 4, eff. 8/1/2017. Acts 1985, No. 400, §§ 1, 2; 1985, No. 838, §§ 1, 2; A.S.A. 1947, §§ 41-1828, 41-1829; Acts 1991, No. 612, § 2; 2001, No. 993, § 2; 2009, No. 758, § 23.

(a) All licensed healthcare providers conducting medical-legal examinations in Arkansas shall adhere to the procedures set forth in this section in the event that a person presents himself or herself or is presented for treatment as a victim of rape, attempted rape, any other type of sexual assault, or incest.

(b) (1) (A) Any adult victim presented for medical treatment shall make the decision of whether or not the incident will be reported to a law enforcement agency. (B) No licensed healthcare provider may require an adult victim to report the incident in order to receive medical treatment. (C) (i) Evidence will be collected only with the permission of the victim. (ii) However, permission shall not be required when the victim is unconscious, mentally incapable of consent, or intoxicated. (2) (A) Should an adult victim wish to report the incident to a law enforcement agency, the appropriate law enforcement agencies shall be contacted by the licensed healthcare provider or the victim's designee. (B) (i) The victim shall be given a medical screening examination by a qualified medical person as provided under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd , as in effect on January 1, 2001, if the victim arrives at the emergency department of a hospital, and the person shall be examined and treated and any injuries requiring medical attention will be treated in the standard manner. (ii) A medical-legal examination shall be conducted and specimens shall be collected for evidence. (C) If a law enforcement agency has been contacted and with the permission of the victim, the evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident.

(1) (A) Any adult victim presented for medical treatment shall make the decision of whether or not the incident will be reported to a law enforcement agency. (B) No licensed healthcare provider may require an adult victim to report the incident in order to receive medical treatment. (C) (i) Evidence will be collected only with the permission of the victim. (ii) However, permission shall not be required when the victim is unconscious, mentally incapable of consent, or intoxicated.

(A) Any adult victim presented for medical treatment shall make the decision of whether or not the incident will be reported to a law enforcement agency.

(B) No licensed healthcare provider may require an adult victim to report the incident in order to receive medical treatment.

(C) (i) Evidence will be collected only with the permission of the victim. (ii) However, permission shall not be required when the victim is unconscious, mentally incapable of consent, or intoxicated.

(i) Evidence will be collected only with the permission of the victim.

(ii) However, permission shall not be required when the victim is unconscious, mentally incapable of consent, or intoxicated.

(2) (A) Should an adult victim wish to report the incident to a law enforcement agency, the appropriate law enforcement agencies shall be contacted by the licensed healthcare provider or the victim's designee. (B) (i) The victim shall be given a medical screening examination by a qualified medical person as provided under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd , as in effect on January 1, 2001, if the victim arrives at the emergency department of a hospital, and the person shall be examined and treated and any injuries requiring medical attention will be treated in the standard manner. (ii) A medical-legal examination shall be conducted and specimens shall be collected for evidence. (C) If a law enforcement agency has been contacted and with the permission of the victim, the evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident.

(A) Should an adult victim wish to report the incident to a law enforcement agency, the appropriate law enforcement agencies shall be contacted by the licensed healthcare provider or the victim's designee.

(B) (i) The victim shall be given a medical screening examination by a qualified medical person as provided under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd , as in effect on January 1, 2001, if the victim arrives at the emergency department of a hospital, and the person shall be examined and treated and any injuries requiring medical attention will be treated in the standard manner. (ii) A medical-legal examination shall be conducted and specimens shall be collected for evidence.

(i) The victim shall be given a medical screening examination by a qualified medical person as provided under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd , as in effect on January 1, 2001, if the victim arrives at the emergency department of a hospital, and the person shall be examined and treated and any injuries requiring medical attention will be treated in the standard manner.

(ii) A medical-legal examination shall be conducted and specimens shall be collected for evidence.

(C) If a law enforcement agency has been contacted and with the permission of the victim, the evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident.

(c) (1) Any victim under eighteen (18) years of age shall be examined and treated, and any injuries requiring medical attention shall be treated in the standard manner. (2) A medical-legal examination shall be performed, and specimens shall be collected for evidence. (3) The reporting licensed healthcare provider shall follow the procedures set forth in Subchapter 4 of the Child Maltreatment Act, § 12-18-101 et seq., regarding the reporting of injuries to victims under eighteen (18) years of age. (4) The evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident.

(1) Any victim under eighteen (18) years of age shall be examined and treated, and any injuries requiring medical attention shall be treated in the standard manner.

(2) A medical-legal examination shall be performed, and specimens shall be collected for evidence.

(3) The reporting licensed healthcare provider shall follow the procedures set forth in Subchapter 4 of the Child Maltreatment Act, § 12-18-101 et seq., regarding the reporting of injuries to victims under eighteen (18) years of age.

(4) The evidence shall be turned over to the law enforcement officers when they arrive to assume responsibility for investigation of the incident.

(d) Reimbursement for the medical-legal examinations shall be available to the licensed healthcare provider pursuant to the procedures set forth in § 12-12-403 .

(e) A licensed healthcare provider shall not transfer the victim to another licensed healthcare provider unless: (1) The victim or a parent or guardian of a victim under eighteen (18) years of age requests the transfer, or a physician or other qualified medical personnel when a physician is not available has signed a certification that the benefits to the victim's health would outweigh the risks to the victim's health as a result of the transfer; and (2) The transferring licensed healthcare provider provides all necessary medical records and ensures that appropriate transportation is available.

(1) The victim or a parent or guardian of a victim under eighteen (18) years of age requests the transfer, or a physician or other qualified medical personnel when a physician is not available has signed a certification that the benefits to the victim's health would outweigh the risks to the victim's health as a result of the transfer; and

(2) The transferring licensed healthcare provider provides all necessary medical records and ensures that appropriate transportation is available.

Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 845,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 250,§ 4, eff. 8/1/2017.

Acts 1985, No. 400, §§ 1, 2; 1985, No. 838, §§ 1, 2; A.S.A. 1947, §§ 41-1828, 41-1829; Acts 1991, No. 612, § 2; 2001, No. 993, § 2; 2009, No. 758, § 23.
Ark. Code Ann. § 12-12-1001 — AR Code / Title 12 / Chapter 12 / Subchapter 10 / Section 12-12-1001
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. (B) "Administration of criminal justice" also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information; (2) "Arrest tracking number" means a unique number assigned to an arrestee at the time of each arrest that is used to link that arrest to the final disposition of that charge; (3) "Central repository" means the Arkansas Crime Information Center, which is authorized to collect, maintain, and disseminate criminal history information; (4) "CODIS" means the Federal Bureau of Investigation Laboratory's Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal forensic laboratories, state forensic laboratories, and local forensic laboratories; (5) "Conviction information" means criminal history information disclosing that a person has pleaded guilty or nolo contendere to, or was found guilty of, a criminal offense in a court of law, together with sentencing information; (6) (A) "Criminal history information" means a record compiled by a central repository or the Identification Bureau of the Division of Arkansas State Police on an individual consisting of names and identification data, notations of arrests, detentions, indictments, informations, or other formal criminal charges. This record also includes any dispositions of the charges, as well as notations on correctional supervision and release. (B) "Criminal history information" does not include fingerprint records on individuals not involved in the criminal justice system or driver history records; (7) "Criminal history information system" means the equipment, procedures, agreements, and organizations thereof, for the compilation, processing, preservation, and dissemination of criminal history information; (8) "Criminal justice agency" means a government agency or any subunit of a government agency that is authorized by law to perform the administration of criminal justice and that allocates more than one-half (1/2) its annual budget to the administration of criminal justice; (9) "Criminal justice official" means an employee of a criminal justice agency performing the administration of criminal justice; (10) (A) "Disposition" means information describing the outcome of any criminal charges, including notations that law enforcement officials have elected not to refer the matter to a prosecutor, that a prosecutor has elected not to commence criminal proceedings, or that proceedings have been indefinitely postponed. (B) "Disposition" also includes acquittals, dismissals, probations, charges pending due to mental disease or defect, guilty pleas, nolle prosequi, nolo contendere pleas, findings of guilt, youthful offender determinations, first offender programs, pardons, commuted sentences, mistrials in which the defendant is discharged, executive clemencies, paroles, releases from correctional supervision, or deaths; (11) "Dissemination" means disclosing criminal history information or the absence of criminal history information to any person or organization outside the agency possessing the criminal history information; (12) "DNA" means deoxyribonucleic acid that is located in the cells of an individual, provides an individual's personal genetic blueprint, and encodes genetic information that is the basis of human heredity and forensic identification; (13) (A) "DNA record" means DNA identification information stored in the State DNA Data Base or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. (B) The DNA record is the result obtained from the DNA typing tests. (C) The DNA record is composed of the characteristics of a DNA sample that are of value in establishing the identity of individuals. (D) The results of all DNA identification tests on an individual's DNA sample also are collectively referred to as the DNA profile of an individual; (14) "DNA sample" means a blood, saliva, or tissue sample provided by any individual as required by this subchapter or submitted to the State Crime Laboratory for analysis or storage, or both; (15) "Identification Bureau" means the Identification Bureau of the Division of Arkansas State Police, which may maintain fingerprint card files and other identification information on individuals; (16) (A) "Juvenile aftercare and custody information" means information maintained by the Division of Youth Services of the Department of Human Services regarding the status of a juvenile committed to or otherwise placed in the custody of the Division of Youth Services from the date of commitment until the juvenile is released from aftercare or custody, whichever is later. (B) "Juvenile aftercare and custody information" may include the name, address, and phone number of a contact person or an entity responsible for the juvenile; (17) "Nonconviction information" means a felony arrest information without disposition if at least five (5) years have elapsed from the date of arrest, any misdemeanor arrest for which a disposition has not been entered, all acquittals, and all dismissals; (18) "Pending information" means criminal history information in some stage of active prosecution or processing; (19) "Rapid DNA technology" means the fully automated, hands-free process of developing a DNA profile from a reference sample mouth swab in one (1) to two (2) hours without the need for a DNA laboratory or human interpretation; and (20) "Sealed record" means a record that was sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq. Amended by Act 2023, No. 392,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 630,§ 1, eff. 7/28/2021. Amended by Act 2013, No. 1460,§ 3, eff. 1/1/2014. Acts 1993, No. 1109, § 1; 2001, No. 1048, § 1; 2005, No. 1962, § 40; 2009, No. 974, § 2.

As used in this subchapter:

(1) (A) "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. (B) "Administration of criminal justice" also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;

(A) "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.

(B) "Administration of criminal justice" also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;

(2) "Arrest tracking number" means a unique number assigned to an arrestee at the time of each arrest that is used to link that arrest to the final disposition of that charge;

(3) "Central repository" means the Arkansas Crime Information Center, which is authorized to collect, maintain, and disseminate criminal history information;

(4) "CODIS" means the Federal Bureau of Investigation Laboratory's Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal forensic laboratories, state forensic laboratories, and local forensic laboratories;

(5) "Conviction information" means criminal history information disclosing that a person has pleaded guilty or nolo contendere to, or was found guilty of, a criminal offense in a court of law, together with sentencing information;

(6) (A) "Criminal history information" means a record compiled by a central repository or the Identification Bureau of the Division of Arkansas State Police on an individual consisting of names and identification data, notations of arrests, detentions, indictments, informations, or other formal criminal charges. This record also includes any dispositions of the charges, as well as notations on correctional supervision and release. (B) "Criminal history information" does not include fingerprint records on individuals not involved in the criminal justice system or driver history records;

(A) "Criminal history information" means a record compiled by a central repository or the Identification Bureau of the Division of Arkansas State Police on an individual consisting of names and identification data, notations of arrests, detentions, indictments, informations, or other formal criminal charges. This record also includes any dispositions of the charges, as well as notations on correctional supervision and release.

(B) "Criminal history information" does not include fingerprint records on individuals not involved in the criminal justice system or driver history records;

(7) "Criminal history information system" means the equipment, procedures, agreements, and organizations thereof, for the compilation, processing, preservation, and dissemination of criminal history information;

(8) "Criminal justice agency" means a government agency or any subunit of a government agency that is authorized by law to perform the administration of criminal justice and that allocates more than one-half (1/2) its annual budget to the administration of criminal justice;

(9) "Criminal justice official" means an employee of a criminal justice agency performing the administration of criminal justice;

(10) (A) "Disposition" means information describing the outcome of any criminal charges, including notations that law enforcement officials have elected not to refer the matter to a prosecutor, that a prosecutor has elected not to commence criminal proceedings, or that proceedings have been indefinitely postponed. (B) "Disposition" also includes acquittals, dismissals, probations, charges pending due to mental disease or defect, guilty pleas, nolle prosequi, nolo contendere pleas, findings of guilt, youthful offender determinations, first offender programs, pardons, commuted sentences, mistrials in which the defendant is discharged, executive clemencies, paroles, releases from correctional supervision, or deaths;

(A) "Disposition" means information describing the outcome of any criminal charges, including notations that law enforcement officials have elected not to refer the matter to a prosecutor, that a prosecutor has elected not to commence criminal proceedings, or that proceedings have been indefinitely postponed.

(B) "Disposition" also includes acquittals, dismissals, probations, charges pending due to mental disease or defect, guilty pleas, nolle prosequi, nolo contendere pleas, findings of guilt, youthful offender determinations, first offender programs, pardons, commuted sentences, mistrials in which the defendant is discharged, executive clemencies, paroles, releases from correctional supervision, or deaths;

(11) "Dissemination" means disclosing criminal history information or the absence of criminal history information to any person or organization outside the agency possessing the criminal history information;

(12) "DNA" means deoxyribonucleic acid that is located in the cells of an individual, provides an individual's personal genetic blueprint, and encodes genetic information that is the basis of human heredity and forensic identification;

(13) (A) "DNA record" means DNA identification information stored in the State DNA Data Base or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. (B) The DNA record is the result obtained from the DNA typing tests. (C) The DNA record is composed of the characteristics of a DNA sample that are of value in establishing the identity of individuals. (D) The results of all DNA identification tests on an individual's DNA sample also are collectively referred to as the DNA profile of an individual;

(A) "DNA record" means DNA identification information stored in the State DNA Data Base or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results.

(B) The DNA record is the result obtained from the DNA typing tests.

(C) The DNA record is composed of the characteristics of a DNA sample that are of value in establishing the identity of individuals.

(D) The results of all DNA identification tests on an individual's DNA sample also are collectively referred to as the DNA profile of an individual;

(14) "DNA sample" means a blood, saliva, or tissue sample provided by any individual as required by this subchapter or submitted to the State Crime Laboratory for analysis or storage, or both;

(15) "Identification Bureau" means the Identification Bureau of the Division of Arkansas State Police, which may maintain fingerprint card files and other identification information on individuals;

(16) (A) "Juvenile aftercare and custody information" means information maintained by the Division of Youth Services of the Department of Human Services regarding the status of a juvenile committed to or otherwise placed in the custody of the Division of Youth Services from the date of commitment until the juvenile is released from aftercare or custody, whichever is later. (B) "Juvenile aftercare and custody information" may include the name, address, and phone number of a contact person or an entity responsible for the juvenile;

(A) "Juvenile aftercare and custody information" means information maintained by the Division of Youth Services of the Department of Human Services regarding the status of a juvenile committed to or otherwise placed in the custody of the Division of Youth Services from the date of commitment until the juvenile is released from aftercare or custody, whichever is later.

(B) "Juvenile aftercare and custody information" may include the name, address, and phone number of a contact person or an entity responsible for the juvenile;

(17) "Nonconviction information" means a felony arrest information without disposition if at least five (5) years have elapsed from the date of arrest, any misdemeanor arrest for which a disposition has not been entered, all acquittals, and all dismissals;

(18) "Pending information" means criminal history information in some stage of active prosecution or processing;

(19) "Rapid DNA technology" means the fully automated, hands-free process of developing a DNA profile from a reference sample mouth swab in one (1) to two (2) hours without the need for a DNA laboratory or human interpretation; and

(20) "Sealed record" means a record that was sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

Amended by Act 2023, No. 392,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 630,§ 1, eff. 7/28/2021.

Amended by Act 2013, No. 1460,§ 3, eff. 1/1/2014.

Acts 1993, No. 1109, § 1; 2001, No. 1048, § 1; 2005, No. 1962, § 40; 2009, No. 974, § 2.
Ark. Code Ann. § 12-12-1504 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1504
Information required - Exceptions
Status: in_force

(a) The Department of Arkansas State Police and the Arkansas Crime Information Center shall disseminate criminal history information pertaining to any felony arrest, detention, indictment, information, or other formal felony criminal charge to the extent entries have been made at the time of the request for the criminal history information. (b) Any event, activity, or any portion of the criminal history information which has not been processed by the department or the center shall not be required to be included in the dissemination. (c) Requests for information, supporting documents, and any responses under this subchapter are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (d) This subchapter shall not affect any record or information that may be accessed by the public under the Freedom of Information Act of 1967, § 25-19-101 et seq. Acts 2003 (1st Ex. Sess.), No. 63, § 4.

(a) The Department of Arkansas State Police and the Arkansas Crime Information Center shall disseminate criminal history information pertaining to any felony arrest, detention, indictment, information, or other formal felony criminal charge to the extent entries have been made at the time of the request for the criminal history information.

(b) Any event, activity, or any portion of the criminal history information which has not been processed by the department or the center shall not be required to be included in the dissemination.

(c) Requests for information, supporting documents, and any responses under this subchapter are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(d) This subchapter shall not affect any record or information that may be accessed by the public under the Freedom of Information Act of 1967, § 25-19-101 et seq.

Acts 2003 (1st Ex. Sess.), No. 63, § 4.
Ark. Code Ann. § 12-64-522 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-522
Votes and rulings
Status: in_force

(a) (1) Voting by members of a general or special court-martial upon question of challenge or on the findings shall be by secret written ballot. (2) The junior member of the court shall in each case count the votes. (3) The count shall be checked by the president who shall forthwith announce the result of the ballot to the members of the court. (b) (1) The military judge of a general or special court-martial and the president of a special court-martial without a military judge shall rule upon interlocutory questions other than challenges arising during the proceedings. (2) Any such ruling made by the military judge of a general or special court-martial who is a member of the bar of the state upon an interlocutory question of accused's sanity is final and constitutes the ruling of the court. However, the military judge or president may change the ruling at any time during the trial except a ruling on a motion for a finding of not guilty that was granted. (3) Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in this code beginning with the junior in rank. (c) Before a vote is taken on the findings, the military judge of a general or special court-martial and the president of a special court-martial without a military judge, in the presence of the accused and counsel, shall instruct the court as to the elements of the offense and charge the court: (1) That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt; (2) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused, and he or she must be acquitted; (3) That if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and (4) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state. (d) If an accused is convicted in a general or special court-martial, the: (1) Military judge shall impose the sentence; and (2) Sentence imposed under subdivision (d)(1) of this section shall be considered the sentence of the court-martial. Amended by Act 2023, No. 322,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 322,§ 4, eff. 8/1/2023. Acts 1969, No. 50, § 97; A.S.A. 1947, § 11-652; Acts 1987, No. 125, § 12.

(a) (1) Voting by members of a general or special court-martial upon question of challenge or on the findings shall be by secret written ballot. (2) The junior member of the court shall in each case count the votes. (3) The count shall be checked by the president who shall forthwith announce the result of the ballot to the members of the court.

(1) Voting by members of a general or special court-martial upon question of challenge or on the findings shall be by secret written ballot.

(2) The junior member of the court shall in each case count the votes.

(3) The count shall be checked by the president who shall forthwith announce the result of the ballot to the members of the court.

(b) (1) The military judge of a general or special court-martial and the president of a special court-martial without a military judge shall rule upon interlocutory questions other than challenges arising during the proceedings. (2) Any such ruling made by the military judge of a general or special court-martial who is a member of the bar of the state upon an interlocutory question of accused's sanity is final and constitutes the ruling of the court. However, the military judge or president may change the ruling at any time during the trial except a ruling on a motion for a finding of not guilty that was granted. (3) Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in this code beginning with the junior in rank.

(1) The military judge of a general or special court-martial and the president of a special court-martial without a military judge shall rule upon interlocutory questions other than challenges arising during the proceedings.

(2) Any such ruling made by the military judge of a general or special court-martial who is a member of the bar of the state upon an interlocutory question of accused's sanity is final and constitutes the ruling of the court. However, the military judge or president may change the ruling at any time during the trial except a ruling on a motion for a finding of not guilty that was granted.

(3) Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in this code beginning with the junior in rank.

(c) Before a vote is taken on the findings, the military judge of a general or special court-martial and the president of a special court-martial without a military judge, in the presence of the accused and counsel, shall instruct the court as to the elements of the offense and charge the court: (1) That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt; (2) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused, and he or she must be acquitted; (3) That if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and (4) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.

(1) That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;

(2) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused, and he or she must be acquitted;

(3) That if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and

(4) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.

(d) If an accused is convicted in a general or special court-martial, the: (1) Military judge shall impose the sentence; and (2) Sentence imposed under subdivision (d)(1) of this section shall be considered the sentence of the court-martial.

(1) Military judge shall impose the sentence; and

(2) Sentence imposed under subdivision (d)(1) of this section shall be considered the sentence of the court-martial.

Amended by Act 2023, No. 322,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 322,§ 4, eff. 8/1/2023.

Acts 1969, No. 50, § 97; A.S.A. 1947, § 11-652; Acts 1987, No. 125, § 12.
Ark. Code Ann. § 12-12-1112 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1112
Receipt and analysis of DNA samples - Availability of information
Status: in_force

(a) Receipt of DNA Samples by State Crime Laboratory. (1) The State Crime Laboratory shall receive DNA samples, store, perform analysis or contract for DNA typing analysis with a qualified DNA laboratory that meets the guidelines as established by the State Crime Laboratory, classify and file the DNA record of identification characteristic profiles of DNA samples submitted under this subchapter, and make such information available from the State DNA Data Base as provided in this section. (2) The State Crime Laboratory may contract out the storage of DNA typing analysis and may contract out DNA typing analysis to a qualified DNA laboratory that meets guidelines as established by the State Crime Laboratory. (b) The results of the DNA profile of individuals in the State DNA Data Base shall be made available: (1) To criminal justice agencies or to approved crime laboratories which serve these criminal justice agencies; or (2) Upon written or electronic request and in furtherance of an official investigation of a criminal offense. (c) Methods of Obtaining Information. The State Crime Laboratory shall adopt rules governing the methods of obtaining information from the State DNA Data Base and CODIS and procedures for verification of the identity and authority of the requester. (d) Population Database. (1) The State Crime Laboratory may create a separate population database composed of DNA samples obtained under this subchapter after all personal identification is removed. (2) The State Crime Laboratory may share or disseminate the population database with other criminal justice agencies or crime laboratories that serve to assist the State Crime Laboratory with statistical databases. (3) The population database may be made available to and searched by other agencies participating in the CODIS system. Acts 1997, No. 737, § 12.

(a) Receipt of DNA Samples by State Crime Laboratory. (1) The State Crime Laboratory shall receive DNA samples, store, perform analysis or contract for DNA typing analysis with a qualified DNA laboratory that meets the guidelines as established by the State Crime Laboratory, classify and file the DNA record of identification characteristic profiles of DNA samples submitted under this subchapter, and make such information available from the State DNA Data Base as provided in this section. (2) The State Crime Laboratory may contract out the storage of DNA typing analysis and may contract out DNA typing analysis to a qualified DNA laboratory that meets guidelines as established by the State Crime Laboratory.

(1) The State Crime Laboratory shall receive DNA samples, store, perform analysis or contract for DNA typing analysis with a qualified DNA laboratory that meets the guidelines as established by the State Crime Laboratory, classify and file the DNA record of identification characteristic profiles of DNA samples submitted under this subchapter, and make such information available from the State DNA Data Base as provided in this section.

(2) The State Crime Laboratory may contract out the storage of DNA typing analysis and may contract out DNA typing analysis to a qualified DNA laboratory that meets guidelines as established by the State Crime Laboratory.

(b) The results of the DNA profile of individuals in the State DNA Data Base shall be made available: (1) To criminal justice agencies or to approved crime laboratories which serve these criminal justice agencies; or (2) Upon written or electronic request and in furtherance of an official investigation of a criminal offense.

(1) To criminal justice agencies or to approved crime laboratories which serve these criminal justice agencies; or

(2) Upon written or electronic request and in furtherance of an official investigation of a criminal offense.

(c) Methods of Obtaining Information. The State Crime Laboratory shall adopt rules governing the methods of obtaining information from the State DNA Data Base and CODIS and procedures for verification of the identity and authority of the requester.

(d) Population Database. (1) The State Crime Laboratory may create a separate population database composed of DNA samples obtained under this subchapter after all personal identification is removed. (2) The State Crime Laboratory may share or disseminate the population database with other criminal justice agencies or crime laboratories that serve to assist the State Crime Laboratory with statistical databases. (3) The population database may be made available to and searched by other agencies participating in the CODIS system.

(1) The State Crime Laboratory may create a separate population database composed of DNA samples obtained under this subchapter after all personal identification is removed.

(2) The State Crime Laboratory may share or disseminate the population database with other criminal justice agencies or crime laboratories that serve to assist the State Crime Laboratory with statistical databases.

(3) The population database may be made available to and searched by other agencies participating in the CODIS system.

Acts 1997, No. 737, § 12.
Ark. Code Ann. § 12-41-704 — AR Code / Title 12 / Chapter 41 / Subchapter 7 / Section 12-41-704
Jail boards
Status: in_force

(a) (1) Any county, municipality, or public instrumentality electing to form a county jail board, municipal jail board, or public instrumentality jail board for the purpose of issuing bonds under the provisions of this subchapter, shall, by ordinance or resolution adopted by the county quorum court or by the governing body of the municipality or public instrumentality, establish a board consisting of such members, not fewer than three (3) nor more than seven (7) in number, as provided in the ordinance or resolution. (2) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty by the county quorum court, governing body of the municipality, or public instrumentality that created the board after reasonable notice and an opportunity for a hearing concerning the alleged grounds for removal. (b) The county judge of the county shall serve as a member of a board created by the county, and the principal executive officer of the municipality or public instrumentality shall serve as a member of a board created by a municipality or public instrumentality unless the county judge or principal executive officer is removed as provided in this subchapter. (c) The board is authorized and empowered to: (1) Construct a jail or provide for the renovation or expansion of an existing jail on a site or sites selected by the board; (2) Enter into contracts with the United States Government, any state agency, state or governmental body or political subdivision, public or private corporation or other legal entity or any individual or a combination of any of these entities and individuals to provide for the design, financing, construction, expansion, operation, and maintenance of all or any portion of a jail or for any combination of the services and functions; (3) Arrange for the housing of incarcerants during the period in which any such jail is undergoing construction, renovation, or expansion; (4) Construct or cause to be constructed parking facilities to serve the jail and the public having business therein; (5) Obtain the necessary funds for accomplishing its powers, purposes, and authority; (6) Purchase, lease, or rent and receive bequests or donations of or otherwise acquire, sell, trade, or barter any real, personal, or mixed property and convert into money or any property not needed or which cannot be used in its then current form; (7) Contract and be contracted with, apply for, receive, accept, and use any moneys and property from the United States Government, any state agency, any state or governmental body or political subdivision, any public or private corporation of any nature, or any individual; (8) Enter into long-term or short-term contracts with counties, municipalities, public instrumentalities, the State of Arkansas, agencies of the federal government, and other public entities under which the board shall provide nightly or other periodic housing of these entities' misdemeanant or other incarcerants for fee compensation or other consideration; (9) Offer incarcerants the option in lieu of incarceration to participate in community service programs and all other forms of voluntary labor; (10) To the extent allowed under applicable law, enter into contracts with third party governmental entities under which the board may receive compensation for supplying to those entities with the voluntary services and labor of incarcerants; (11) Enter into jail management contracts with third party governmental or private organizations upon terms and conditions that the board determines appropriate; (12) Pledge to the repayment of debt any and all contract receivables and revenues of any kind that are payable to the board; (13) Mortgage real property and grant a security interest in all personal, intangible, or other property, including all contract receivables and revenues of any kind that are payable to the board; (14) Borrow funds that shall be available for board use with an obligation to repay; (15) Invest and reinvest any of its moneys and securities as authorized by law; and (16) Take such other action not inconsistent with law as may be necessary and desirable to carry out the power, purposes, and authority set forth in this subchapter and to carry out the intent of this subchapter. Acts 1983, No. 918, § 7; A.S.A. 1947, § 46-453; Acts 2003, No. 1772, § 1.

(a) (1) Any county, municipality, or public instrumentality electing to form a county jail board, municipal jail board, or public instrumentality jail board for the purpose of issuing bonds under the provisions of this subchapter, shall, by ordinance or resolution adopted by the county quorum court or by the governing body of the municipality or public instrumentality, establish a board consisting of such members, not fewer than three (3) nor more than seven (7) in number, as provided in the ordinance or resolution. (2) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty by the county quorum court, governing body of the municipality, or public instrumentality that created the board after reasonable notice and an opportunity for a hearing concerning the alleged grounds for removal.

(1) Any county, municipality, or public instrumentality electing to form a county jail board, municipal jail board, or public instrumentality jail board for the purpose of issuing bonds under the provisions of this subchapter, shall, by ordinance or resolution adopted by the county quorum court or by the governing body of the municipality or public instrumentality, establish a board consisting of such members, not fewer than three (3) nor more than seven (7) in number, as provided in the ordinance or resolution.

(2) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty by the county quorum court, governing body of the municipality, or public instrumentality that created the board after reasonable notice and an opportunity for a hearing concerning the alleged grounds for removal.

(b) The county judge of the county shall serve as a member of a board created by the county, and the principal executive officer of the municipality or public instrumentality shall serve as a member of a board created by a municipality or public instrumentality unless the county judge or principal executive officer is removed as provided in this subchapter.

(c) The board is authorized and empowered to: (1) Construct a jail or provide for the renovation or expansion of an existing jail on a site or sites selected by the board; (2) Enter into contracts with the United States Government, any state agency, state or governmental body or political subdivision, public or private corporation or other legal entity or any individual or a combination of any of these entities and individuals to provide for the design, financing, construction, expansion, operation, and maintenance of all or any portion of a jail or for any combination of the services and functions; (3) Arrange for the housing of incarcerants during the period in which any such jail is undergoing construction, renovation, or expansion; (4) Construct or cause to be constructed parking facilities to serve the jail and the public having business therein; (5) Obtain the necessary funds for accomplishing its powers, purposes, and authority; (6) Purchase, lease, or rent and receive bequests or donations of or otherwise acquire, sell, trade, or barter any real, personal, or mixed property and convert into money or any property not needed or which cannot be used in its then current form; (7) Contract and be contracted with, apply for, receive, accept, and use any moneys and property from the United States Government, any state agency, any state or governmental body or political subdivision, any public or private corporation of any nature, or any individual; (8) Enter into long-term or short-term contracts with counties, municipalities, public instrumentalities, the State of Arkansas, agencies of the federal government, and other public entities under which the board shall provide nightly or other periodic housing of these entities' misdemeanant or other incarcerants for fee compensation or other consideration; (9) Offer incarcerants the option in lieu of incarceration to participate in community service programs and all other forms of voluntary labor; (10) To the extent allowed under applicable law, enter into contracts with third party governmental entities under which the board may receive compensation for supplying to those entities with the voluntary services and labor of incarcerants; (11) Enter into jail management contracts with third party governmental or private organizations upon terms and conditions that the board determines appropriate; (12) Pledge to the repayment of debt any and all contract receivables and revenues of any kind that are payable to the board; (13) Mortgage real property and grant a security interest in all personal, intangible, or other property, including all contract receivables and revenues of any kind that are payable to the board; (14) Borrow funds that shall be available for board use with an obligation to repay; (15) Invest and reinvest any of its moneys and securities as authorized by law; and (16) Take such other action not inconsistent with law as may be necessary and desirable to carry out the power, purposes, and authority set forth in this subchapter and to carry out the intent of this subchapter.

(1) Construct a jail or provide for the renovation or expansion of an existing jail on a site or sites selected by the board;

(2) Enter into contracts with the United States Government, any state agency, state or governmental body or political subdivision, public or private corporation or other legal entity or any individual or a combination of any of these entities and individuals to provide for the design, financing, construction, expansion, operation, and maintenance of all or any portion of a jail or for any combination of the services and functions;

(3) Arrange for the housing of incarcerants during the period in which any such jail is undergoing construction, renovation, or expansion;

(4) Construct or cause to be constructed parking facilities to serve the jail and the public having business therein;

(5) Obtain the necessary funds for accomplishing its powers, purposes, and authority;

(6) Purchase, lease, or rent and receive bequests or donations of or otherwise acquire, sell, trade, or barter any real, personal, or mixed property and convert into money or any property not needed or which cannot be used in its then current form;

(7) Contract and be contracted with, apply for, receive, accept, and use any moneys and property from the United States Government, any state agency, any state or governmental body or political subdivision, any public or private corporation of any nature, or any individual;

(8) Enter into long-term or short-term contracts with counties, municipalities, public instrumentalities, the State of Arkansas, agencies of the federal government, and other public entities under which the board shall provide nightly or other periodic housing of these entities' misdemeanant or other incarcerants for fee compensation or other consideration;

(9) Offer incarcerants the option in lieu of incarceration to participate in community service programs and all other forms of voluntary labor;

(10) To the extent allowed under applicable law, enter into contracts with third party governmental entities under which the board may receive compensation for supplying to those entities with the voluntary services and labor of incarcerants;

(11) Enter into jail management contracts with third party governmental or private organizations upon terms and conditions that the board determines appropriate;

(12) Pledge to the repayment of debt any and all contract receivables and revenues of any kind that are payable to the board;

(13) Mortgage real property and grant a security interest in all personal, intangible, or other property, including all contract receivables and revenues of any kind that are payable to the board;

(14) Borrow funds that shall be available for board use with an obligation to repay;

(15) Invest and reinvest any of its moneys and securities as authorized by law; and

(16) Take such other action not inconsistent with law as may be necessary and desirable to carry out the power, purposes, and authority set forth in this subchapter and to carry out the intent of this subchapter.

Acts 1983, No. 918, § 7; A.S.A. 1947, § 46-453; Acts 2003, No. 1772, § 1.
Ark. Code Ann. § 12-12-309 — AR Code / Title 12 / Chapter 12 / Subchapter 3 / Section 12-12-309
Utilization of outside personnel
Status: in_force

(a) The State Crime Laboratory Board may authorize the Director of the State Crime Laboratory to contract with a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education, or with other persons or institutions, to obtain services with which to perform the duties set forth in this subchapter. (b) The participation of a medical school's faculty or of any other person or institution in carrying out the provisions of this subchapter shall in no way affect tenure or any other status with the medical school or institution. Amended by Act 2019, No. 910,§ 5846, eff. 7/1/2019. Amended by Act 2017, No. 147,§ 2, eff. 2/7/2017. Acts 1979, No. 864, § 5; A.S.A. 1947, § 42-1207.

(a) The State Crime Laboratory Board may authorize the Director of the State Crime Laboratory to contract with a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education, or with other persons or institutions, to obtain services with which to perform the duties set forth in this subchapter.

(b) The participation of a medical school's faculty or of any other person or institution in carrying out the provisions of this subchapter shall in no way affect tenure or any other status with the medical school or institution.

Amended by Act 2019, No. 910,§ 5846, eff. 7/1/2019.

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

Acts 1979, No. 864, § 5; A.S.A. 1947, § 42-1207.
Ark. Code Ann. § 12-18-506 — AR Code / Title 12 / Chapter 18 / Subchapter 5 / Section 12-18-506
Notice when the alleged offender works with children, the elderly, an individual with a disability, an individual with a mental illness, is engaged in child-related activities, or is a juvenile
Status: in_force

(a) If the Child Abuse Hotline receives a report naming as an alleged offender a person who is engaged in child-related activities or employment, works with the elderly, an individual with a disability, or an individual with a mental illness, or is a juvenile and the Department of Human Services or the Division of Arkansas State Police has determined that children, the elderly, or individuals with a disability or mental illness under the care of the alleged offender appear to be at risk of maltreatment by the alleged offender, the Department of Human Services or the Division of Arkansas State Police may notify the following of the report made to the Child Abuse Hotline: (1) The alleged offender's employer; (2) The school superintendent, principal, or a person in an equivalent position where the alleged offender is employed; (3) The person in charge of a paid or volunteer activity; (4) The appropriate licensing or registering authority to the extent necessary to carry out its official responsibilities; and (5) The school the alleged offender is enrolled in, if the alleged offender is eighteen (18) years of age or older. (b) The Department of Human Services and the Division of Arkansas State Police shall promulgate rules to ensure that notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Division of Arkansas State Police before the notification is made. (c) If the Department of Human Services and the Division of Arkansas State Police, based on information gathered during the course of the investigation, determine that there is no preponderance of the evidence indicating that children under the care of the alleged offender appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the previously notified person or entity of that information. (d) (1) If the Child Abuse Hotline receives a report naming a juvenile as an alleged offender who is in a setting or circumstances where other children may be at risk, the Department of Human Services and the Division of Arkansas State Police may notify the entity or person in charge about the Child Abuse Hotline report. (2) The Department of Human Services and the Division of Arkansas State Police shall promulgate rules to ensure that the notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Division of Arkansas State Police before notification is made. (3) If the Department of Human Services and the Division of Arkansas State Police, based on information gathered during the course of the investigation, determine that there is no preponderance of the evidence indicating that children appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the person or entity originally notified under subdivision (d)(1) of this section of that information. Amended by Act 2023, No. 364,§ 10, eff. 8/1/2023. Amended by Act 2015, No. 1026,§ 4, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 10, eff. 8/16/2013. Acts 2009, No. 749, § 1.

(a) If the Child Abuse Hotline receives a report naming as an alleged offender a person who is engaged in child-related activities or employment, works with the elderly, an individual with a disability, or an individual with a mental illness, or is a juvenile and the Department of Human Services or the Division of Arkansas State Police has determined that children, the elderly, or individuals with a disability or mental illness under the care of the alleged offender appear to be at risk of maltreatment by the alleged offender, the Department of Human Services or the Division of Arkansas State Police may notify the following of the report made to the Child Abuse Hotline: (1) The alleged offender's employer; (2) The school superintendent, principal, or a person in an equivalent position where the alleged offender is employed; (3) The person in charge of a paid or volunteer activity; (4) The appropriate licensing or registering authority to the extent necessary to carry out its official responsibilities; and (5) The school the alleged offender is enrolled in, if the alleged offender is eighteen (18) years of age or older.

(1) The alleged offender's employer;

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

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

(4) The appropriate licensing or registering authority to the extent necessary to carry out its official responsibilities; and

(5) The school the alleged offender is enrolled in, if the alleged offender is eighteen (18) years of age or older.

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

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

(d) (1) If the Child Abuse Hotline receives a report naming a juvenile as an alleged offender who is in a setting or circumstances where other children may be at risk, the Department of Human Services and the Division of Arkansas State Police may notify the entity or person in charge about the Child Abuse Hotline report. (2) The Department of Human Services and the Division of Arkansas State Police shall promulgate rules to ensure that the notification required under this section is specifically approved by a responsible manager in the Department of Human Services or the Division of Arkansas State Police before notification is made. (3) If the Department of Human Services and the Division of Arkansas State Police, based on information gathered during the course of the investigation, determine that there is no preponderance of the evidence indicating that children appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the person or entity originally notified under subdivision (d)(1) of this section of that information.

(1) If the Child Abuse Hotline receives a report naming a juvenile as an alleged offender who is in a setting or circumstances where other children may be at risk, the Department of Human Services and the Division of Arkansas State Police may notify the entity or person in charge about the Child Abuse Hotline report.

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

(3) If the Department of Human Services and the Division of Arkansas State Police, based on information gathered during the course of the investigation, determine that there is no preponderance of the evidence indicating that children appear to be at risk, the Department of Human Services and the Division of Arkansas State Police shall immediately notify the person or entity originally notified under subdivision (d)(1) of this section of that information.

Amended by Act 2023, No. 364,§ 10, eff. 8/1/2023.

Amended by Act 2015, No. 1026,§ 4, eff. 7/22/2015.

Amended by Act 2013, No. 1006,§ 10, eff. 8/16/2013.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-61-124 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-124
National Guard Youth Challenge Program
Status: in_force

(a) The Adjutant General may, at his or her discretion and with such funds as may be appropriated by the General Assembly, or with such funds as may be provided by the United States, develop and implement a National Guard Youth Challenge Program for the purpose of providing training, education, health, welfare, rehabilitative, and other services to juveniles. (b) The Adjutant General is authorized to enter into agreements, contracts, and memoranda of understanding with other state, federal, and local agencies, other persons, firms, and corporations for the purposes of providing training, education, health, welfare, rehabilitative, and other services to juveniles participating in the program. (c) The Adjutant General may promulgate and issue such rules and other guidelines as may be necessary and proper to carry out the purposes and provisions of this section. (d) [Repealed.] Amended by Act 2019, No. 315,§ 927, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5533, eff. 7/1/2019. Acts 1993, No. 375, § 1; 1995, No. 639, §§ 18, 19; 1997, No. 1201, § 2.

(a) The Adjutant General may, at his or her discretion and with such funds as may be appropriated by the General Assembly, or with such funds as may be provided by the United States, develop and implement a National Guard Youth Challenge Program for the purpose of providing training, education, health, welfare, rehabilitative, and other services to juveniles.

(b) The Adjutant General is authorized to enter into agreements, contracts, and memoranda of understanding with other state, federal, and local agencies, other persons, firms, and corporations for the purposes of providing training, education, health, welfare, rehabilitative, and other services to juveniles participating in the program.

(c) The Adjutant General may promulgate and issue such rules and other guidelines as may be necessary and proper to carry out the purposes and provisions of this section.

(d) [Repealed.]

Amended by Act 2019, No. 315,§ 927, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5533, eff. 7/1/2019.

Acts 1993, No. 375, § 1; 1995, No. 639, §§ 18, 19; 1997, No. 1201, § 2.
Ark. Code Ann. § 12-12-909 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-909
Verification form - Change of address
Status: in_force

(a) (1) A sex offender required to register under this subchapter shall verify registration in person every six (6) months after the sex offender's initial registration date during the period of time in which the sex offender is required to register. (2) (A) (i) The verification shall be done in person at a local law enforcement agency having jurisdiction at which time the sex offender shall sign and date a Sex Offender Acknowledgment Form and a law enforcement officer shall also witness and sign the Sex Offender Acknowledgment Form. (ii) The Sex Offender Acknowledgment Form shall state the date of verification as well as a date that the sex offender is required to return in person to a specific local law enforcement agency having jurisdiction to verify his or her address. (B) The Sex Offender Acknowledgement Form shall be uniform and created by the Arkansas Crime Information Center. (C) The local law enforcement agency having jurisdiction shall file the verification of registration electronically with the center through a system provided by the center. (3) If the sex offender changes his or her address without notice, notification shall be sent to law enforcement and supervising parole, post-release supervision, or probation authorities, and notice may be posted on the internet until proper reporting is again established or the sex offender is incarcerated. (4) Subdivision (a)(1) of this section applies to a sex offender required to register as a sexually dangerous person, except that the sexually dangerous person shall verify the registration in person every ninety (90) days after the date of the initial release or commencement of parole or post-release supervision. (5) Subdivision (a)(1) of this section applies to a sex offender required to register under this subchapter who claims to be homeless except that a sex offender claiming to be homeless shall verify the registration in person every thirty (30) days during the period of time in which the sex offender is required to register under this subchapter and claims to be homeless. (b) (1) (A) Before a change of address within the state, a sex offender shall report the change of address to the local law enforcement agency having jurisdiction in person no later than five (5) calendar days before the sex offender establishes residency or is temporarily domiciled at the new address. (B) The sex offender shall report to the local law enforcement agency having jurisdiction of the new address in person within five (5) calendar days after relocating to the new address. (C) Upon receipt of a report of a change of address as described in subdivision (b)(1)(A) of this section, the local law enforcement agency having jurisdiction shall report the change of address to the center. (D) Other than a change of address as provided in subdivision (b)(1)(A) of this section, a sex offender shall report a change of any other information required to be reported at registration under § 12-12-908 or required to be reported at the time of verification under § 12-12-906 to the local law enforcement agency having jurisdiction in person within five (5) calendar days of the change. (2) When a change of address within the state is reported to the center, the center shall immediately report the change of address to the local law enforcement agency having jurisdiction where the sex offender expects to reside. (c) (1) Before a change of address to another state, a sex offender shall register the new address with the local law enforcement agency having jurisdiction in person and with a designated law enforcement agency in the state to which the sex offender moves in person not later than five (5) calendar days before the sex offender establishes residency or is temporarily domiciled in the new state if the new state has a registration requirement. (2) When a change of address to another state is reported to the center, the center shall immediately notify the law enforcement agency with which the sex offender must register in the new state if the new state has a registration requirement. (d) The center shall require a sex offender to report any change of information through the local law enforcement agency having jurisdiction. Amended by Act 2023, No. 659,§ 61, eff. 1/1/2024. Amended by Act 2019, No. 262,§ 10, eff. 7/24/2019. Amended by Act 2019, No. 262,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 262,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 262,§ 7, eff. 7/24/2019. Amended by Act 2017, No. 916,§ 6, eff. 8/1/2017. Amended by Act 2015, No. 358,§ 9, eff. 7/22/2015. Amended by Act 2013, No. 505,§ 10, eff. 8/16/2013. Acts 1997, No. 989, § 8; 2001, No. 1743, § 8; 2007, No. 394, § 6; 2011, No. 64, § 1.

(a) (1) A sex offender required to register under this subchapter shall verify registration in person every six (6) months after the sex offender's initial registration date during the period of time in which the sex offender is required to register. (2) (A) (i) The verification shall be done in person at a local law enforcement agency having jurisdiction at which time the sex offender shall sign and date a Sex Offender Acknowledgment Form and a law enforcement officer shall also witness and sign the Sex Offender Acknowledgment Form. (ii) The Sex Offender Acknowledgment Form shall state the date of verification as well as a date that the sex offender is required to return in person to a specific local law enforcement agency having jurisdiction to verify his or her address. (B) The Sex Offender Acknowledgement Form shall be uniform and created by the Arkansas Crime Information Center. (C) The local law enforcement agency having jurisdiction shall file the verification of registration electronically with the center through a system provided by the center. (3) If the sex offender changes his or her address without notice, notification shall be sent to law enforcement and supervising parole, post-release supervision, or probation authorities, and notice may be posted on the internet until proper reporting is again established or the sex offender is incarcerated. (4) Subdivision (a)(1) of this section applies to a sex offender required to register as a sexually dangerous person, except that the sexually dangerous person shall verify the registration in person every ninety (90) days after the date of the initial release or commencement of parole or post-release supervision. (5) Subdivision (a)(1) of this section applies to a sex offender required to register under this subchapter who claims to be homeless except that a sex offender claiming to be homeless shall verify the registration in person every thirty (30) days during the period of time in which the sex offender is required to register under this subchapter and claims to be homeless.

(1) A sex offender required to register under this subchapter shall verify registration in person every six (6) months after the sex offender's initial registration date during the period of time in which the sex offender is required to register.

(2) (A) (i) The verification shall be done in person at a local law enforcement agency having jurisdiction at which time the sex offender shall sign and date a Sex Offender Acknowledgment Form and a law enforcement officer shall also witness and sign the Sex Offender Acknowledgment Form. (ii) The Sex Offender Acknowledgment Form shall state the date of verification as well as a date that the sex offender is required to return in person to a specific local law enforcement agency having jurisdiction to verify his or her address. (B) The Sex Offender Acknowledgement Form shall be uniform and created by the Arkansas Crime Information Center. (C) The local law enforcement agency having jurisdiction shall file the verification of registration electronically with the center through a system provided by the center.

(A) (i) The verification shall be done in person at a local law enforcement agency having jurisdiction at which time the sex offender shall sign and date a Sex Offender Acknowledgment Form and a law enforcement officer shall also witness and sign the Sex Offender Acknowledgment Form. (ii) The Sex Offender Acknowledgment Form shall state the date of verification as well as a date that the sex offender is required to return in person to a specific local law enforcement agency having jurisdiction to verify his or her address.

(i) The verification shall be done in person at a local law enforcement agency having jurisdiction at which time the sex offender shall sign and date a Sex Offender Acknowledgment Form and a law enforcement officer shall also witness and sign the Sex Offender Acknowledgment Form.

(ii) The Sex Offender Acknowledgment Form shall state the date of verification as well as a date that the sex offender is required to return in person to a specific local law enforcement agency having jurisdiction to verify his or her address.

(B) The Sex Offender Acknowledgement Form shall be uniform and created by the Arkansas Crime Information Center.

(C) The local law enforcement agency having jurisdiction shall file the verification of registration electronically with the center through a system provided by the center.

(3) If the sex offender changes his or her address without notice, notification shall be sent to law enforcement and supervising parole, post-release supervision, or probation authorities, and notice may be posted on the internet until proper reporting is again established or the sex offender is incarcerated.

(4) Subdivision (a)(1) of this section applies to a sex offender required to register as a sexually dangerous person, except that the sexually dangerous person shall verify the registration in person every ninety (90) days after the date of the initial release or commencement of parole or post-release supervision.

(5) Subdivision (a)(1) of this section applies to a sex offender required to register under this subchapter who claims to be homeless except that a sex offender claiming to be homeless shall verify the registration in person every thirty (30) days during the period of time in which the sex offender is required to register under this subchapter and claims to be homeless.

(b) (1) (A) Before a change of address within the state, a sex offender shall report the change of address to the local law enforcement agency having jurisdiction in person no later than five (5) calendar days before the sex offender establishes residency or is temporarily domiciled at the new address. (B) The sex offender shall report to the local law enforcement agency having jurisdiction of the new address in person within five (5) calendar days after relocating to the new address. (C) Upon receipt of a report of a change of address as described in subdivision (b)(1)(A) of this section, the local law enforcement agency having jurisdiction shall report the change of address to the center. (D) Other than a change of address as provided in subdivision (b)(1)(A) of this section, a sex offender shall report a change of any other information required to be reported at registration under § 12-12-908 or required to be reported at the time of verification under § 12-12-906 to the local law enforcement agency having jurisdiction in person within five (5) calendar days of the change. (2) When a change of address within the state is reported to the center, the center shall immediately report the change of address to the local law enforcement agency having jurisdiction where the sex offender expects to reside.

(1) (A) Before a change of address within the state, a sex offender shall report the change of address to the local law enforcement agency having jurisdiction in person no later than five (5) calendar days before the sex offender establishes residency or is temporarily domiciled at the new address. (B) The sex offender shall report to the local law enforcement agency having jurisdiction of the new address in person within five (5) calendar days after relocating to the new address. (C) Upon receipt of a report of a change of address as described in subdivision (b)(1)(A) of this section, the local law enforcement agency having jurisdiction shall report the change of address to the center. (D) Other than a change of address as provided in subdivision (b)(1)(A) of this section, a sex offender shall report a change of any other information required to be reported at registration under § 12-12-908 or required to be reported at the time of verification under § 12-12-906 to the local law enforcement agency having jurisdiction in person within five (5) calendar days of the change.

(A) Before a change of address within the state, a sex offender shall report the change of address to the local law enforcement agency having jurisdiction in person no later than five (5) calendar days before the sex offender establishes residency or is temporarily domiciled at the new address.

(B) The sex offender shall report to the local law enforcement agency having jurisdiction of the new address in person within five (5) calendar days after relocating to the new address.

(C) Upon receipt of a report of a change of address as described in subdivision (b)(1)(A) of this section, the local law enforcement agency having jurisdiction shall report the change of address to the center.

(D) Other than a change of address as provided in subdivision (b)(1)(A) of this section, a sex offender shall report a change of any other information required to be reported at registration under § 12-12-908 or required to be reported at the time of verification under § 12-12-906 to the local law enforcement agency having jurisdiction in person within five (5) calendar days of the change.

(2) When a change of address within the state is reported to the center, the center shall immediately report the change of address to the local law enforcement agency having jurisdiction where the sex offender expects to reside.

(c) (1) Before a change of address to another state, a sex offender shall register the new address with the local law enforcement agency having jurisdiction in person and with a designated law enforcement agency in the state to which the sex offender moves in person not later than five (5) calendar days before the sex offender establishes residency or is temporarily domiciled in the new state if the new state has a registration requirement. (2) When a change of address to another state is reported to the center, the center shall immediately notify the law enforcement agency with which the sex offender must register in the new state if the new state has a registration requirement.

(1) Before a change of address to another state, a sex offender shall register the new address with the local law enforcement agency having jurisdiction in person and with a designated law enforcement agency in the state to which the sex offender moves in person not later than five (5) calendar days before the sex offender establishes residency or is temporarily domiciled in the new state if the new state has a registration requirement.

(2) When a change of address to another state is reported to the center, the center shall immediately notify the law enforcement agency with which the sex offender must register in the new state if the new state has a registration requirement.

(d) The center shall require a sex offender to report any change of information through the local law enforcement agency having jurisdiction.

Amended by Act 2023, No. 659,§ 61, eff. 1/1/2024.

Amended by Act 2019, No. 262,§ 10, eff. 7/24/2019.

Amended by Act 2019, No. 262,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 262,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 262,§ 7, eff. 7/24/2019.

Amended by Act 2017, No. 916,§ 6, eff. 8/1/2017.

Amended by Act 2015, No. 358,§ 9, eff. 7/22/2015.

Amended by Act 2013, No. 505,§ 10, eff. 8/16/2013.

Acts 1997, No. 989, § 8; 2001, No. 1743, § 8; 2007, No. 394, § 6; 2011, No. 64, § 1.
Ark. Code Ann. § 12-41-210 — AR Code / Title 12 / Chapter 41 / Subchapter 2 / Section 12-41-210
Right of arrest
Status: in_force

(a) If the other state enacts legislation as provided in § 12-41-202 , a peace officer of Arkansas may: (1) Arrest a person under Arkansas law in the part of the center in the other state for an offense against Arkansas law if that peace officer would be authorized to make that arrest in the part of the center in Arkansas; and (2) Arrest a person under the law of the other state in any part of the center for an offense against the law of the other state if a peace officer of the other state would be authorized to make that arrest in the part of the center in the other state. (b) Arkansas agrees that a peace officer of the other state may arrest a person under: (1) Arkansas law in any part of the center for an offense against Arkansas law if a peace officer of Arkansas would be authorized to make that arrest in the part of the center in Arkansas; and (2) The law of the other state in the part of the center in Arkansas for an offense against the law of the other state if that peace officer would be authorized to make that arrest in the part of the center in the other state. Acts 1981, No. 696, § 8; A.S.A. 1947, § 46-1608.

(a) If the other state enacts legislation as provided in § 12-41-202 , a peace officer of Arkansas may: (1) Arrest a person under Arkansas law in the part of the center in the other state for an offense against Arkansas law if that peace officer would be authorized to make that arrest in the part of the center in Arkansas; and (2) Arrest a person under the law of the other state in any part of the center for an offense against the law of the other state if a peace officer of the other state would be authorized to make that arrest in the part of the center in the other state.

(1) Arrest a person under Arkansas law in the part of the center in the other state for an offense against Arkansas law if that peace officer would be authorized to make that arrest in the part of the center in Arkansas; and

(2) Arrest a person under the law of the other state in any part of the center for an offense against the law of the other state if a peace officer of the other state would be authorized to make that arrest in the part of the center in the other state.

(b) Arkansas agrees that a peace officer of the other state may arrest a person under: (1) Arkansas law in any part of the center for an offense against Arkansas law if a peace officer of Arkansas would be authorized to make that arrest in the part of the center in Arkansas; and (2) The law of the other state in the part of the center in Arkansas for an offense against the law of the other state if that peace officer would be authorized to make that arrest in the part of the center in the other state.

(1) Arkansas law in any part of the center for an offense against Arkansas law if a peace officer of Arkansas would be authorized to make that arrest in the part of the center in Arkansas; and

(2) The law of the other state in the part of the center in Arkansas for an offense against the law of the other state if that peace officer would be authorized to make that arrest in the part of the center in the other state.

Acts 1981, No. 696, § 8; A.S.A. 1947, § 46-1608.
Ark. Code Ann. § 12-64-504 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-504
Investigation
Status: in_force

(a) A preliminary hearing shall be held in accordance with 10 U.S.C. § 832 et seq., as it existed on January 1, 2019, before the referral of charges and specifications for trial by general court-martial. (b) (1) Under rules prescribed by the Governor, a preliminary hearing is not required if the accused submits a written waiver of the preliminary hearing to the convening authority and the convening authority grants the waiver. (2) The purpose of the preliminary hearing shall be limited to determining the following: (A) Whether or not the specification alleges an offense under this chapter; (B) Whether or not there is probable cause to believe that the accused committed the offense charged; (C) Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense; and (D) A recommendation as to the disposition that should be made of the case. (3) The rights of the accused and the rights of the victim shall be the same as provided under 10 U.S.C. § 832 et seq., as it existed on January 1, 2019. Amended by Act 2019, No. 211,§ 14, eff. 2/26/2019. Acts 1969, No. 50, § 78; A.S.A. 1947, § 11-633.

(a) A preliminary hearing shall be held in accordance with 10 U.S.C. § 832 et seq., as it existed on January 1, 2019, before the referral of charges and specifications for trial by general court-martial.

(b) (1) Under rules prescribed by the Governor, a preliminary hearing is not required if the accused submits a written waiver of the preliminary hearing to the convening authority and the convening authority grants the waiver. (2) The purpose of the preliminary hearing shall be limited to determining the following: (A) Whether or not the specification alleges an offense under this chapter; (B) Whether or not there is probable cause to believe that the accused committed the offense charged; (C) Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense; and (D) A recommendation as to the disposition that should be made of the case. (3) The rights of the accused and the rights of the victim shall be the same as provided under 10 U.S.C. § 832 et seq., as it existed on January 1, 2019.

(1) Under rules prescribed by the Governor, a preliminary hearing is not required if the accused submits a written waiver of the preliminary hearing to the convening authority and the convening authority grants the waiver.

(2) The purpose of the preliminary hearing shall be limited to determining the following: (A) Whether or not the specification alleges an offense under this chapter; (B) Whether or not there is probable cause to believe that the accused committed the offense charged; (C) Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense; and (D) A recommendation as to the disposition that should be made of the case.

(A) Whether or not the specification alleges an offense under this chapter;

(B) Whether or not there is probable cause to believe that the accused committed the offense charged;

(C) Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense; and

(D) A recommendation as to the disposition that should be made of the case.

(3) The rights of the accused and the rights of the victim shall be the same as provided under 10 U.S.C. § 832 et seq., as it existed on January 1, 2019.

Amended by Act 2019, No. 211,§ 14, eff. 2/26/2019.

Acts 1969, No. 50, § 78; A.S.A. 1947, § 11-633.
Ark. Code Ann. § 12-41-505 — AR Code / Title 12 / Chapter 41 / Subchapter 5 / Section 12-41-505
Expenses and support
Status: in_force

(a) (1) Every person who is committed to the common jail of the county by lawful authority for any criminal offense or misdemeanor, if he or she is convicted, shall pay the expenses in carrying him or her to jail and also for his or her support from the day of his or her initial incarceration for the whole time he or she remains there. (2) The expenses which accrue shall be paid as directed in the act regulating criminal proceedings. (b) (1) A person convicted of a felony or a Class A misdemeanor shall be assessed a booking and administration fee of forty dollars ($40.00). (2) (A) The booking and administration fee described in subdivision (b)(1) of this section shall be assessed upon the conviction of a defendant and included in the judgment of conviction entered by the court. (B) If a court suspends imposition of sentence on a defendant or places him or her on probation and does not enter a judgment of conviction, the court shall impose the booking and administration fee as a cost. (3) The booking and administration fee assessed under subdivision (b)(1) of this section shall be deposited into the county treasury by the collecting officer to be credited and used in the following manner: (A) Ten percent (10%) of each booking and administration fee collected shall be deposited into or credited to the county sheriff's office fund described in § 12-41-105 by the county treasurer, and then transferred by check on a monthly basis using a uniform remittance form provided by the Treasurer of State, to the Treasurer of State for the Law Enforcement Training Fund; and (B) The remaining funds shall be deposited into or credited to a special revenue fund and used for the maintenance, operation, and capital expenditures of a county jail or regional detention facility and for certificate pay for law enforcement and jail personnel. (c) The property of the person shall be subject to the payment of the expenses and the booking and administration fee. Amended by Act 2021, No. 472,§ 9, eff. 7/28/2021. Amended by Act 2019, No. 372,§ 2, eff. 7/24/2019. Rev. Stat., ch. 81, §§ 5, 7; C. & M. Dig., §§ 6209, 6212; Pope's Dig., §§ 8172, 8175; A.S.A. 1947, §§ 46-404, 46-407; Acts 1999, No. 1128, § 1; 2007, No. 117, § 1.

(a) (1) Every person who is committed to the common jail of the county by lawful authority for any criminal offense or misdemeanor, if he or she is convicted, shall pay the expenses in carrying him or her to jail and also for his or her support from the day of his or her initial incarceration for the whole time he or she remains there. (2) The expenses which accrue shall be paid as directed in the act regulating criminal proceedings.

(1) Every person who is committed to the common jail of the county by lawful authority for any criminal offense or misdemeanor, if he or she is convicted, shall pay the expenses in carrying him or her to jail and also for his or her support from the day of his or her initial incarceration for the whole time he or she remains there.

(2) The expenses which accrue shall be paid as directed in the act regulating criminal proceedings.

(b) (1) A person convicted of a felony or a Class A misdemeanor shall be assessed a booking and administration fee of forty dollars ($40.00). (2) (A) The booking and administration fee described in subdivision (b)(1) of this section shall be assessed upon the conviction of a defendant and included in the judgment of conviction entered by the court. (B) If a court suspends imposition of sentence on a defendant or places him or her on probation and does not enter a judgment of conviction, the court shall impose the booking and administration fee as a cost. (3) The booking and administration fee assessed under subdivision (b)(1) of this section shall be deposited into the county treasury by the collecting officer to be credited and used in the following manner: (A) Ten percent (10%) of each booking and administration fee collected shall be deposited into or credited to the county sheriff's office fund described in § 12-41-105 by the county treasurer, and then transferred by check on a monthly basis using a uniform remittance form provided by the Treasurer of State, to the Treasurer of State for the Law Enforcement Training Fund; and (B) The remaining funds shall be deposited into or credited to a special revenue fund and used for the maintenance, operation, and capital expenditures of a county jail or regional detention facility and for certificate pay for law enforcement and jail personnel.

(1) A person convicted of a felony or a Class A misdemeanor shall be assessed a booking and administration fee of forty dollars ($40.00).

(2) (A) The booking and administration fee described in subdivision (b)(1) of this section shall be assessed upon the conviction of a defendant and included in the judgment of conviction entered by the court. (B) If a court suspends imposition of sentence on a defendant or places him or her on probation and does not enter a judgment of conviction, the court shall impose the booking and administration fee as a cost.

(A) The booking and administration fee described in subdivision (b)(1) of this section shall be assessed upon the conviction of a defendant and included in the judgment of conviction entered by the court.

(B) If a court suspends imposition of sentence on a defendant or places him or her on probation and does not enter a judgment of conviction, the court shall impose the booking and administration fee as a cost.

(3) The booking and administration fee assessed under subdivision (b)(1) of this section shall be deposited into the county treasury by the collecting officer to be credited and used in the following manner: (A) Ten percent (10%) of each booking and administration fee collected shall be deposited into or credited to the county sheriff's office fund described in § 12-41-105 by the county treasurer, and then transferred by check on a monthly basis using a uniform remittance form provided by the Treasurer of State, to the Treasurer of State for the Law Enforcement Training Fund; and (B) The remaining funds shall be deposited into or credited to a special revenue fund and used for the maintenance, operation, and capital expenditures of a county jail or regional detention facility and for certificate pay for law enforcement and jail personnel.

(A) Ten percent (10%) of each booking and administration fee collected shall be deposited into or credited to the county sheriff's office fund described in § 12-41-105 by the county treasurer, and then transferred by check on a monthly basis using a uniform remittance form provided by the Treasurer of State, to the Treasurer of State for the Law Enforcement Training Fund; and

(B) The remaining funds shall be deposited into or credited to a special revenue fund and used for the maintenance, operation, and capital expenditures of a county jail or regional detention facility and for certificate pay for law enforcement and jail personnel.

(c) The property of the person shall be subject to the payment of the expenses and the booking and administration fee.

Amended by Act 2021, No. 472,§ 9, eff. 7/28/2021.

Amended by Act 2019, No. 372,§ 2, eff. 7/24/2019.

Rev. Stat., ch. 81, §§ 5, 7; C. & M. Dig., §§ 6209, 6212; Pope's Dig., §§ 8172, 8175; A.S.A. 1947, §§ 46-404, 46-407; Acts 1999, No. 1128, § 1; 2007, No. 117, § 1.
Ark. Code Ann. § 12-64-525 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-525
Record of trial
Status: in_force

(a) Each general, special, and summary court-martial shall keep a separate record of the proceedings of the trial of each case brought before it. (b) The record of proceedings shall be prepared and authenticated in the same manner as similar courts of the United States Army and United States Air Force. Amended by Act 2015, No. 1003,§ 22, eff. 7/22/2015. Acts 1969, No. 50, § 100; A.S.A. 1947, § 11-655; Acts 1987, No. 125, § 13.

(a) Each general, special, and summary court-martial shall keep a separate record of the proceedings of the trial of each case brought before it.

(b) The record of proceedings shall be prepared and authenticated in the same manner as similar courts of the United States Army and United States Air Force.

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

Acts 1969, No. 50, § 100; A.S.A. 1947, § 11-655; Acts 1987, No. 125, § 13.
Ark. Code Ann. § 12-12-1114 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1114
Confidentiality
Status: in_force

(a) All DNA profiles and samples submitted to the State Crime Laboratory pursuant to this subchapter shall be treated as confidential except as otherwise provided in this subchapter. (b) All DNA records and DNA samples submitted to the laboratory pursuant to this subchapter are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. Acts 1997, No. 737, § 14; 2003, No. 1470, § 5.

(a) All DNA profiles and samples submitted to the State Crime Laboratory pursuant to this subchapter shall be treated as confidential except as otherwise provided in this subchapter.

(b) All DNA records and DNA samples submitted to the laboratory pursuant to this subchapter are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

Acts 1997, No. 737, § 14; 2003, No. 1470, § 5.
Ark. Code Ann. § 12-10-325 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-325
Training standards
Status: in_force

(a) (1) A public safety agency, a public safety answering point, or a dispatch center may provide training opportunities for public safety answering point and dispatch center personnel through the Division of Law Enforcement Standards and Training and the Arkansas Law Enforcement Training Academy. (2) The division shall develop training standards for telecommunicators, dispatchers, supervisors, and instructors in Arkansas in consultation with the Association of Public-Safety Communications Officials International, Inc., and the Arkansas 911 Board and submit the training standards to the Arkansas Commission on Law Enforcement Standards and Training for approval. (3) (A) Training for instructors may include without limitation instructor development, course development, leadership development, and other appropriate 911 instructor training. (B) Training for telecommunicators, dispatchers, and supervisors may include without limitation: (i) Call taking; (ii) Customer service; (iii) Stress management; (iv) Mapping; (v) Call processing; (vi) Telecommunication and radio equipment training; (vii) Training with devices for the deaf; (viii) Autism; (ix) National Incident Management System training; (x) Incident Command System training; (xi) National Center for Missing and Exploited Children training; (xii) National Emergency Number Association training; (xiii) Association of Public-Safety Communications Officials International, Inc., training; and (xiv) Other appropriate 911 dispatcher and supervisor training. (4) An entity that provides training under subdivision (a)(1) of this section shall: (A) Retain training records created under this section; and (B) Deliver an annual report to the Arkansas 911 Board of training provided by the entity to verify the dispatcher and supervisor training reported as completed by each public safety answering point annually under § 12-10-318 . (b) (1) A private safety agency may attend training or receive instruction at the invitation of the division. (2) The division may assess a fee on a private safety agency invited to attend training or receive instruction under this subsection to reimburse the division for costs associated with the training or instruction. (c) (1) All public safety answering points shall have at least sixty percent (60%) of telecommunicators working in the public safety answering point trained. (2) All telecommunicators working at a public safety answering point who have worked as a telecommunicator for one (1) year or longer shall be trained. Amended by Act 2019, No. 660,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5837, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5836, eff. 7/1/2019. Amended by Act 2015, No. 919,§ 3, eff. 7/22/2015. Acts 2011, No. 640, § 3.

(a) (1) A public safety agency, a public safety answering point, or a dispatch center may provide training opportunities for public safety answering point and dispatch center personnel through the Division of Law Enforcement Standards and Training and the Arkansas Law Enforcement Training Academy. (2) The division shall develop training standards for telecommunicators, dispatchers, supervisors, and instructors in Arkansas in consultation with the Association of Public-Safety Communications Officials International, Inc., and the Arkansas 911 Board and submit the training standards to the Arkansas Commission on Law Enforcement Standards and Training for approval. (3) (A) Training for instructors may include without limitation instructor development, course development, leadership development, and other appropriate 911 instructor training. (B) Training for telecommunicators, dispatchers, and supervisors may include without limitation: (i) Call taking; (ii) Customer service; (iii) Stress management; (iv) Mapping; (v) Call processing; (vi) Telecommunication and radio equipment training; (vii) Training with devices for the deaf; (viii) Autism; (ix) National Incident Management System training; (x) Incident Command System training; (xi) National Center for Missing and Exploited Children training; (xii) National Emergency Number Association training; (xiii) Association of Public-Safety Communications Officials International, Inc., training; and (xiv) Other appropriate 911 dispatcher and supervisor training. (4) An entity that provides training under subdivision (a)(1) of this section shall: (A) Retain training records created under this section; and (B) Deliver an annual report to the Arkansas 911 Board of training provided by the entity to verify the dispatcher and supervisor training reported as completed by each public safety answering point annually under § 12-10-318 .

(1) A public safety agency, a public safety answering point, or a dispatch center may provide training opportunities for public safety answering point and dispatch center personnel through the Division of Law Enforcement Standards and Training and the Arkansas Law Enforcement Training Academy.

(2) The division shall develop training standards for telecommunicators, dispatchers, supervisors, and instructors in Arkansas in consultation with the Association of Public-Safety Communications Officials International, Inc., and the Arkansas 911 Board and submit the training standards to the Arkansas Commission on Law Enforcement Standards and Training for approval.

(3) (A) Training for instructors may include without limitation instructor development, course development, leadership development, and other appropriate 911 instructor training. (B) Training for telecommunicators, dispatchers, and supervisors may include without limitation: (i) Call taking; (ii) Customer service; (iii) Stress management; (iv) Mapping; (v) Call processing; (vi) Telecommunication and radio equipment training; (vii) Training with devices for the deaf; (viii) Autism; (ix) National Incident Management System training; (x) Incident Command System training; (xi) National Center for Missing and Exploited Children training; (xii) National Emergency Number Association training; (xiii) Association of Public-Safety Communications Officials International, Inc., training; and (xiv) Other appropriate 911 dispatcher and supervisor training.

(A) Training for instructors may include without limitation instructor development, course development, leadership development, and other appropriate 911 instructor training.

(B) Training for telecommunicators, dispatchers, and supervisors may include without limitation: (i) Call taking; (ii) Customer service; (iii) Stress management; (iv) Mapping; (v) Call processing; (vi) Telecommunication and radio equipment training; (vii) Training with devices for the deaf; (viii) Autism; (ix) National Incident Management System training; (x) Incident Command System training; (xi) National Center for Missing and Exploited Children training; (xii) National Emergency Number Association training; (xiii) Association of Public-Safety Communications Officials International, Inc., training; and (xiv) Other appropriate 911 dispatcher and supervisor training.

(i) Call taking;

(ii) Customer service;

(iii) Stress management;

(iv) Mapping;

(v) Call processing;

(vi) Telecommunication and radio equipment training;

(vii) Training with devices for the deaf;

(viii) Autism;

(ix) National Incident Management System training;

(x) Incident Command System training;

(xi) National Center for Missing and Exploited Children training;

(xii) National Emergency Number Association training;

(xiii) Association of Public-Safety Communications Officials International, Inc., training; and

(xiv) Other appropriate 911 dispatcher and supervisor training.

(4) An entity that provides training under subdivision (a)(1) of this section shall: (A) Retain training records created under this section; and (B) Deliver an annual report to the Arkansas 911 Board of training provided by the entity to verify the dispatcher and supervisor training reported as completed by each public safety answering point annually under § 12-10-318 .

(A) Retain training records created under this section; and

(B) Deliver an annual report to the Arkansas 911 Board of training provided by the entity to verify the dispatcher and supervisor training reported as completed by each public safety answering point annually under § 12-10-318 .

(b) (1) A private safety agency may attend training or receive instruction at the invitation of the division. (2) The division may assess a fee on a private safety agency invited to attend training or receive instruction under this subsection to reimburse the division for costs associated with the training or instruction.

(1) A private safety agency may attend training or receive instruction at the invitation of the division.

(2) The division may assess a fee on a private safety agency invited to attend training or receive instruction under this subsection to reimburse the division for costs associated with the training or instruction.

(c) (1) All public safety answering points shall have at least sixty percent (60%) of telecommunicators working in the public safety answering point trained. (2) All telecommunicators working at a public safety answering point who have worked as a telecommunicator for one (1) year or longer shall be trained.

(1) All public safety answering points shall have at least sixty percent (60%) of telecommunicators working in the public safety answering point trained.

(2) All telecommunicators working at a public safety answering point who have worked as a telecommunicator for one (1) year or longer shall be trained.

Amended by Act 2019, No. 660,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5837, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5836, eff. 7/1/2019.

Amended by Act 2015, No. 919,§ 3, eff. 7/22/2015.

Acts 2011, No. 640, § 3.
Ark. Code Ann. § 12-18-702 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-702
Investigative determination
Status: in_force

(a) Upon completion of an investigation under this chapter, the Department of Human Services and the Division of Arkansas State Police shall determine whether the allegations of child maltreatment are: (1) (A) Unsubstantiated. (B) An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence; (2) (A) True. (B) A true determination shall be entered when the allegation is supported by a preponderance of the evidence; (3) (A) True but exempted. (B) A determination of true but exempted is a true determination where the offender's name shall not be placed in the Child Maltreatment Central Registry, shall be entered if: (i) A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner; (ii) The offender is an underaged juvenile offender; (iii) The report was true for neglect as defined under § 12-18-103(14)(B) ; or (iv) The offender is a juvenile less than fourteen (14) years of age at the time of the offense; or (4) (A) Inactive. (B) If the investigation cannot be completed because the Department of Human Services and the Division of Arkansas State Police are unable to locate or identify the alleged offender or alleged victim, the investigation may be determined inactive if a true or unsubstantiated determination cannot be established without interviewing the alleged offender or alleged victim. (b) An investigation of a report of child maltreatment that is closed under § 12-18-601 shall be documented as administratively closed without a determination of whether the allegation is unsubstantiated, true, true but exempt, or inactive. (c) (1) If the Department of Human Services or the Division of Arkansas State Police determines that a report of child maltreatment is true, the Department of Human Services shall determine whether the offender may pose a risk of maltreatment to a vulnerable population, including without limitation children, the elderly, persons with a disability, and persons with a mental health illness. (2) (A) The Department of Human Services shall establish procedures to determine the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment. (B) The procedures of the Department of Human Services shall require the following factors to be considered in the determination of whether an offender may pose a risk of maltreatment to a vulnerable population: (i) The severity of the child maltreatment; (ii) The nature and severity of an injury or other adverse impact caused by the child maltreatment; (iii) The access the offender has to a vulnerable population; (iv) Any previous substantiated child maltreatment findings against the offender; (v) A subsequent report of child maltreatment alleged against the offender; and (vi) The criminal history of the offender. Amended by Act 2021, No. 270,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 802,§ 5, eff. 7/24/2019. Amended by Act 2015, No. 1004,§ 19, eff. 7/22/2015. Amended by Act 2013, No. 1006,§ 16, eff. 8/16/2013. Acts 2009, No. 749, § 1; 2011, No. 1143, § 14.

(a) Upon completion of an investigation under this chapter, the Department of Human Services and the Division of Arkansas State Police shall determine whether the allegations of child maltreatment are: (1) (A) Unsubstantiated. (B) An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence; (2) (A) True. (B) A true determination shall be entered when the allegation is supported by a preponderance of the evidence; (3) (A) True but exempted. (B) A determination of true but exempted is a true determination where the offender's name shall not be placed in the Child Maltreatment Central Registry, shall be entered if: (i) A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner; (ii) The offender is an underaged juvenile offender; (iii) The report was true for neglect as defined under § 12-18-103(14)(B) ; or (iv) The offender is a juvenile less than fourteen (14) years of age at the time of the offense; or (4) (A) Inactive. (B) If the investigation cannot be completed because the Department of Human Services and the Division of Arkansas State Police are unable to locate or identify the alleged offender or alleged victim, the investigation may be determined inactive if a true or unsubstantiated determination cannot be established without interviewing the alleged offender or alleged victim.

(1) (A) Unsubstantiated. (B) An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence;

(A) Unsubstantiated.

(B) An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence;

(2) (A) True. (B) A true determination shall be entered when the allegation is supported by a preponderance of the evidence;

(A) True.

(B) A true determination shall be entered when the allegation is supported by a preponderance of the evidence;

(3) (A) True but exempted. (B) A determination of true but exempted is a true determination where the offender's name shall not be placed in the Child Maltreatment Central Registry, shall be entered if: (i) A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner; (ii) The offender is an underaged juvenile offender; (iii) The report was true for neglect as defined under § 12-18-103(14)(B) ; or (iv) The offender is a juvenile less than fourteen (14) years of age at the time of the offense; or

(A) True but exempted.

(B) A determination of true but exempted is a true determination where the offender's name shall not be placed in the Child Maltreatment Central Registry, shall be entered if: (i) A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner; (ii) The offender is an underaged juvenile offender; (iii) The report was true for neglect as defined under § 12-18-103(14)(B) ; or (iv) The offender is a juvenile less than fourteen (14) years of age at the time of the offense; or

(i) A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner;

(ii) The offender is an underaged juvenile offender;

(iii) The report was true for neglect as defined under § 12-18-103(14)(B) ; or

(iv) The offender is a juvenile less than fourteen (14) years of age at the time of the offense; or

(4) (A) Inactive. (B) If the investigation cannot be completed because the Department of Human Services and the Division of Arkansas State Police are unable to locate or identify the alleged offender or alleged victim, the investigation may be determined inactive if a true or unsubstantiated determination cannot be established without interviewing the alleged offender or alleged victim.

(A) Inactive.

(B) If the investigation cannot be completed because the Department of Human Services and the Division of Arkansas State Police are unable to locate or identify the alleged offender or alleged victim, the investigation may be determined inactive if a true or unsubstantiated determination cannot be established without interviewing the alleged offender or alleged victim.

(b) An investigation of a report of child maltreatment that is closed under § 12-18-601 shall be documented as administratively closed without a determination of whether the allegation is unsubstantiated, true, true but exempt, or inactive.

(c) (1) If the Department of Human Services or the Division of Arkansas State Police determines that a report of child maltreatment is true, the Department of Human Services shall determine whether the offender may pose a risk of maltreatment to a vulnerable population, including without limitation children, the elderly, persons with a disability, and persons with a mental health illness. (2) (A) The Department of Human Services shall establish procedures to determine the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment. (B) The procedures of the Department of Human Services shall require the following factors to be considered in the determination of whether an offender may pose a risk of maltreatment to a vulnerable population: (i) The severity of the child maltreatment; (ii) The nature and severity of an injury or other adverse impact caused by the child maltreatment; (iii) The access the offender has to a vulnerable population; (iv) Any previous substantiated child maltreatment findings against the offender; (v) A subsequent report of child maltreatment alleged against the offender; and (vi) The criminal history of the offender.

(1) If the Department of Human Services or the Division of Arkansas State Police determines that a report of child maltreatment is true, the Department of Human Services shall determine whether the offender may pose a risk of maltreatment to a vulnerable population, including without limitation children, the elderly, persons with a disability, and persons with a mental health illness.

(2) (A) The Department of Human Services shall establish procedures to determine the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment. (B) The procedures of the Department of Human Services shall require the following factors to be considered in the determination of whether an offender may pose a risk of maltreatment to a vulnerable population: (i) The severity of the child maltreatment; (ii) The nature and severity of an injury or other adverse impact caused by the child maltreatment; (iii) The access the offender has to a vulnerable population; (iv) Any previous substantiated child maltreatment findings against the offender; (v) A subsequent report of child maltreatment alleged against the offender; and (vi) The criminal history of the offender.

(A) The Department of Human Services shall establish procedures to determine the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment.

(B) The procedures of the Department of Human Services shall require the following factors to be considered in the determination of whether an offender may pose a risk of maltreatment to a vulnerable population: (i) The severity of the child maltreatment; (ii) The nature and severity of an injury or other adverse impact caused by the child maltreatment; (iii) The access the offender has to a vulnerable population; (iv) Any previous substantiated child maltreatment findings against the offender; (v) A subsequent report of child maltreatment alleged against the offender; and (vi) The criminal history of the offender.

(i) The severity of the child maltreatment;

(ii) The nature and severity of an injury or other adverse impact caused by the child maltreatment;

(iii) The access the offender has to a vulnerable population;

(iv) Any previous substantiated child maltreatment findings against the offender;

(v) A subsequent report of child maltreatment alleged against the offender; and

(vi) The criminal history of the offender.

Amended by Act 2021, No. 270,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 802,§ 5, eff. 7/24/2019.

Amended by Act 2015, No. 1004,§ 19, eff. 7/22/2015.

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

Acts 2009, No. 749, § 1; 2011, No. 1143, § 14.
Ark. Code Ann. § 12-29-112 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-112
Discharge or release
Status: in_force

(a) At least one hundred twenty (120) days before an inmate's anticipated release date, the Division of Correction, in collaboration with the inmate and the Division of Community Correction and the Post-Prison Transfer Board, shall complete a prerelease assessment and reentry plan, which may include a travel subsidy and transportation to the closest commercial transportation pick-up point. (b) A copy of the reentry plan under this section shall be provided to the inmate and the assigned community supervision officer, if applicable. (c) An inmate released upon completion of his or her terms of incarceration shall be provided: (1) Written and certified proof that he or she completed and satisfied all the terms of his or her incarceration; and (2) Information on how to reinstate his or her voting rights upon discharge of his or her sentence. (d) Except as provided in subsection (e) of this section, the Division of Correction shall provide the following documentation to an inmate upon release: (1) A copy of the training record of the inmate, if applicable; (2) A copy of the institutional work record of the inmate, if applicable; (3) A certified copy of the birth certificate of the inmate, if the inmate was born in Arkansas; (4) A Social Security card or a replacement Social Security card, if obtainable; and (5) Notification to the inmate if he or she is eligible to apply for a license from a state entity charged with oversight of an occupational license or certification, based on the inmate's criminal history, institutional training record, and institutional work record. (e) The Division of Correction is not required to provide the documentation in subsection (d) of this section if: (1) The inmate is sixty-five (65) years of age or older; (2) The inmate is subject to early release due to permanent incapacitation or terminal illness; (3) The inmate is being released to the custody of another jurisdiction on a warrant or detainer; or (4) The inmate was in the custody of the Division of Correction for less than nine (9) months. Amended by Act 2023, No. 659,§ 105, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 104, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 790, eff. 7/1/2019. Amended by Act 2015, No. 895,§ 10, eff. 4/1/2015. Amended by Act 2013, No. 440,§ 1, eff. 8/16/2013. Acts 1968 (1st Ex. Sess.), No. 50, § 15; 1969, No. 377, § 7; 1981, No. 58, § 3; 1981, No. 107, § 1; A.S.A. 1947, §§ 46-121, 46-914; Acts 2007, No. 271, § 1; 2009, No. 788, § 4.

(a) At least one hundred twenty (120) days before an inmate's anticipated release date, the Division of Correction, in collaboration with the inmate and the Division of Community Correction and the Post-Prison Transfer Board, shall complete a prerelease assessment and reentry plan, which may include a travel subsidy and transportation to the closest commercial transportation pick-up point.

(b) A copy of the reentry plan under this section shall be provided to the inmate and the assigned community supervision officer, if applicable.

(c) An inmate released upon completion of his or her terms of incarceration shall be provided: (1) Written and certified proof that he or she completed and satisfied all the terms of his or her incarceration; and (2) Information on how to reinstate his or her voting rights upon discharge of his or her sentence.

(1) Written and certified proof that he or she completed and satisfied all the terms of his or her incarceration; and

(2) Information on how to reinstate his or her voting rights upon discharge of his or her sentence.

(d) Except as provided in subsection (e) of this section, the Division of Correction shall provide the following documentation to an inmate upon release: (1) A copy of the training record of the inmate, if applicable; (2) A copy of the institutional work record of the inmate, if applicable; (3) A certified copy of the birth certificate of the inmate, if the inmate was born in Arkansas; (4) A Social Security card or a replacement Social Security card, if obtainable; and (5) Notification to the inmate if he or she is eligible to apply for a license from a state entity charged with oversight of an occupational license or certification, based on the inmate's criminal history, institutional training record, and institutional work record.

(1) A copy of the training record of the inmate, if applicable;

(2) A copy of the institutional work record of the inmate, if applicable;

(3) A certified copy of the birth certificate of the inmate, if the inmate was born in Arkansas;

(4) A Social Security card or a replacement Social Security card, if obtainable; and

(5) Notification to the inmate if he or she is eligible to apply for a license from a state entity charged with oversight of an occupational license or certification, based on the inmate's criminal history, institutional training record, and institutional work record.

(e) The Division of Correction is not required to provide the documentation in subsection (d) of this section if: (1) The inmate is sixty-five (65) years of age or older; (2) The inmate is subject to early release due to permanent incapacitation or terminal illness; (3) The inmate is being released to the custody of another jurisdiction on a warrant or detainer; or (4) The inmate was in the custody of the Division of Correction for less than nine (9) months.

(1) The inmate is sixty-five (65) years of age or older;

(2) The inmate is subject to early release due to permanent incapacitation or terminal illness;

(3) The inmate is being released to the custody of another jurisdiction on a warrant or detainer; or

(4) The inmate was in the custody of the Division of Correction for less than nine (9) months.

Amended by Act 2023, No. 659,§ 105, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 104, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 790, eff. 7/1/2019.

Amended by Act 2015, No. 895,§ 10, eff. 4/1/2015.

Amended by Act 2013, No. 440,§ 1, eff. 8/16/2013.

Acts 1968 (1st Ex. Sess.), No. 50, § 15; 1969, No. 377, § 7; 1981, No. 58, § 3; 1981, No. 107, § 1; A.S.A. 1947, §§ 46-121, 46-914; Acts 2007, No. 271, § 1; 2009, No. 788, § 4.
Ark. Code Ann. § 12-12-1721 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1721
Reports as evidence
Status: in_force

(a) A written report from a person or official required by this subchapter to report shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment. (b) The affidavit of a physician, psychiatrist, psychologist, or licensed certified social worker shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment. Acts 2005, No. 1812, § 1.

(a) A written report from a person or official required by this subchapter to report shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment.

(b) The affidavit of a physician, psychiatrist, psychologist, or licensed certified social worker shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment.

Acts 2005, No. 1812, § 1.
Ark. Code Ann. § 12-27-123 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-123
Supervision and transfer of employees - Additional compensation
Status: in_force

(a) All employees of the Department of Corrections shall be under the direct supervision and control of the Secretary of the Department of Corrections, who shall report directly to the Board of Corrections. (b) The Compliance Division, which consists of but is not limited to a compliance attorney and an auditor, shall be under the direct authority of the board. (c) (1) The department may award additional compensation to exempt employees who are members of the emergency response unit. (2) These employees are eligible to receive up to three percent (3%) per hour of additional compensation for the actual number of hours that an employee spends on an emergency response action. Amended by Act 2023, No. 890,§ 37, eff. 7/1/2023. Amended by Act 2021, No. 152,§ 5, eff. 7/28/2021. Acts 1991, No. 1078, §§ 28, 29; 1993, No. 885, § 1.

(a) All employees of the Department of Corrections shall be under the direct supervision and control of the Secretary of the Department of Corrections, who shall report directly to the Board of Corrections.

(b) The Compliance Division, which consists of but is not limited to a compliance attorney and an auditor, shall be under the direct authority of the board.

(c) (1) The department may award additional compensation to exempt employees who are members of the emergency response unit. (2) These employees are eligible to receive up to three percent (3%) per hour of additional compensation for the actual number of hours that an employee spends on an emergency response action.

(1) The department may award additional compensation to exempt employees who are members of the emergency response unit.

(2) These employees are eligible to receive up to three percent (3%) per hour of additional compensation for the actual number of hours that an employee spends on an emergency response action.

Amended by Act 2023, No. 890,§ 37, eff. 7/1/2023.

Amended by Act 2021, No. 152,§ 5, eff. 7/28/2021.

Acts 1991, No. 1078, §§ 28, 29; 1993, No. 885, § 1.
Ark. Code Ann. § 12-30-210 — AR Code / Title 12 / Chapter 30 / Subchapter 2 / Section 12-30-210
Annual report
Status: in_force

(a) The Division of Correction's Industry Division shall make an annual full and detailed report of: (1) All materials, machinery, or other property procured, the cost of the materials, machinery, or other property procured, and the expenditures made during the last preceding year for production purposes, together with a statement of all materials then on hand to be produced, in process of production, or already produced; (2) All machinery, fixtures, or other appurtenances for the purpose of carrying out the work of the Industry Division; (3) The earnings realized during the last preceding fiscal year as the proceeds of the sale of items produced by the Industry Division; and (4) The Industry Division's current inventory stock price list. (b) (1) The report shall be verified by the oath of the Director of the Division of Correction and shall be forwarded to the Board of Corrections by the director within ninety (90) days after the end of the last preceding fiscal year. (2) The board shall review the report described under this section and shall make the report available on the Division of Correction's website. Amended by Act 2019, No. 982,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 821, eff. 7/1/2019. Acts 1967, No. 473, § 10; A.S.A. 1947, § 46-243.

(a) The Division of Correction's Industry Division shall make an annual full and detailed report of: (1) All materials, machinery, or other property procured, the cost of the materials, machinery, or other property procured, and the expenditures made during the last preceding year for production purposes, together with a statement of all materials then on hand to be produced, in process of production, or already produced; (2) All machinery, fixtures, or other appurtenances for the purpose of carrying out the work of the Industry Division; (3) The earnings realized during the last preceding fiscal year as the proceeds of the sale of items produced by the Industry Division; and (4) The Industry Division's current inventory stock price list.

(1) All materials, machinery, or other property procured, the cost of the materials, machinery, or other property procured, and the expenditures made during the last preceding year for production purposes, together with a statement of all materials then on hand to be produced, in process of production, or already produced;

(2) All machinery, fixtures, or other appurtenances for the purpose of carrying out the work of the Industry Division;

(3) The earnings realized during the last preceding fiscal year as the proceeds of the sale of items produced by the Industry Division; and

(4) The Industry Division's current inventory stock price list.

(b) (1) The report shall be verified by the oath of the Director of the Division of Correction and shall be forwarded to the Board of Corrections by the director within ninety (90) days after the end of the last preceding fiscal year. (2) The board shall review the report described under this section and shall make the report available on the Division of Correction's website.

(1) The report shall be verified by the oath of the Director of the Division of Correction and shall be forwarded to the Board of Corrections by the director within ninety (90) days after the end of the last preceding fiscal year.

(2) The board shall review the report described under this section and shall make the report available on the Division of Correction's website.

Amended by Act 2019, No. 982,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 821, eff. 7/1/2019.

Acts 1967, No. 473, § 10; A.S.A. 1947, § 46-243.
Ark. Code Ann. § 12-12-1506 — AR Code / Title 12 / Chapter 12 / Subchapter 15 / Section 12-12-1506
Unrestricted information - Records - Immunity from civil liability
Status: in_force

(a) (1) All conviction information and felony arrest records may be disseminated as provided in this subchapter. (2) Any criminal history information of felony arrest records and all conviction information that pertains to a person currently being processed by the criminal justice system, including during the entire period of correctional supervision extending through final discharge from parole or post-release supervision, may be disseminated without restriction. (3) (A) The Identification Bureau of the Division of Arkansas State Police, the Arkansas Crime Information Center, or a third party shall be responsible for the maintenance of information pertaining to dissemination of criminal history information. (B) The information pertaining to dissemination required to be maintained shall be retained for a period of not less than three (3) years for security purposes. (4) (A) (i) Each requestor that is allowed access to criminal history information under this subchapter with written consent of the subject of the request shall maintain the written consent document in its files for at least three (3) years. (ii) Access to criminal history information and sealed or expunged records for the Arkansas Public Defender Commission is authorized without the consent of the subject of the request. However, the commission shall maintain records of the reason the dissemination was requested for a period of three (3) years. (iii) Any requestor that is granted access to criminal history information under this subchapter shall not disseminate the criminal history information. (B) These files and any written consent documents shall be subject to inspection by the division or the center. (b) This section allows the dissemination of information concerning persons who are required to register as sex offenders. (c) A criminal justice agency and its employees and officials shall be immune from civil liability except in instances of gross negligence or intentional malice for dissemination of criminal history information under this subchapter. (d) The division shall provide criminal history information to any person upon proper request and payment of the requisite fee and without requiring written consent of the subject of the request. Amended by Act 2023, No. 659,§ 74, eff. 1/1/2024. Amended by Act 2015, No. 1185,§ 3, eff. 1/1/2016. Acts 2003 (1st Ex. Sess.), No. 63, § 6; 2005, No. 1573, § 4; 2005, No. 2213, § 5; 2007, No. 1586, § 3.

(a) (1) All conviction information and felony arrest records may be disseminated as provided in this subchapter. (2) Any criminal history information of felony arrest records and all conviction information that pertains to a person currently being processed by the criminal justice system, including during the entire period of correctional supervision extending through final discharge from parole or post-release supervision, may be disseminated without restriction. (3) (A) The Identification Bureau of the Division of Arkansas State Police, the Arkansas Crime Information Center, or a third party shall be responsible for the maintenance of information pertaining to dissemination of criminal history information. (B) The information pertaining to dissemination required to be maintained shall be retained for a period of not less than three (3) years for security purposes. (4) (A) (i) Each requestor that is allowed access to criminal history information under this subchapter with written consent of the subject of the request shall maintain the written consent document in its files for at least three (3) years. (ii) Access to criminal history information and sealed or expunged records for the Arkansas Public Defender Commission is authorized without the consent of the subject of the request. However, the commission shall maintain records of the reason the dissemination was requested for a period of three (3) years. (iii) Any requestor that is granted access to criminal history information under this subchapter shall not disseminate the criminal history information. (B) These files and any written consent documents shall be subject to inspection by the division or the center.

(1) All conviction information and felony arrest records may be disseminated as provided in this subchapter.

(2) Any criminal history information of felony arrest records and all conviction information that pertains to a person currently being processed by the criminal justice system, including during the entire period of correctional supervision extending through final discharge from parole or post-release supervision, may be disseminated without restriction.

(3) (A) The Identification Bureau of the Division of Arkansas State Police, the Arkansas Crime Information Center, or a third party shall be responsible for the maintenance of information pertaining to dissemination of criminal history information. (B) The information pertaining to dissemination required to be maintained shall be retained for a period of not less than three (3) years for security purposes.

(A) The Identification Bureau of the Division of Arkansas State Police, the Arkansas Crime Information Center, or a third party shall be responsible for the maintenance of information pertaining to dissemination of criminal history information.

(B) The information pertaining to dissemination required to be maintained shall be retained for a period of not less than three (3) years for security purposes.

(4) (A) (i) Each requestor that is allowed access to criminal history information under this subchapter with written consent of the subject of the request shall maintain the written consent document in its files for at least three (3) years. (ii) Access to criminal history information and sealed or expunged records for the Arkansas Public Defender Commission is authorized without the consent of the subject of the request. However, the commission shall maintain records of the reason the dissemination was requested for a period of three (3) years. (iii) Any requestor that is granted access to criminal history information under this subchapter shall not disseminate the criminal history information. (B) These files and any written consent documents shall be subject to inspection by the division or the center.

(A) (i) Each requestor that is allowed access to criminal history information under this subchapter with written consent of the subject of the request shall maintain the written consent document in its files for at least three (3) years. (ii) Access to criminal history information and sealed or expunged records for the Arkansas Public Defender Commission is authorized without the consent of the subject of the request. However, the commission shall maintain records of the reason the dissemination was requested for a period of three (3) years. (iii) Any requestor that is granted access to criminal history information under this subchapter shall not disseminate the criminal history information.

(i) Each requestor that is allowed access to criminal history information under this subchapter with written consent of the subject of the request shall maintain the written consent document in its files for at least three (3) years.

(ii) Access to criminal history information and sealed or expunged records for the Arkansas Public Defender Commission is authorized without the consent of the subject of the request. However, the commission shall maintain records of the reason the dissemination was requested for a period of three (3) years.

(iii) Any requestor that is granted access to criminal history information under this subchapter shall not disseminate the criminal history information.

(B) These files and any written consent documents shall be subject to inspection by the division or the center.

(b) This section allows the dissemination of information concerning persons who are required to register as sex offenders.

(c) A criminal justice agency and its employees and officials shall be immune from civil liability except in instances of gross negligence or intentional malice for dissemination of criminal history information under this subchapter.

(d) The division shall provide criminal history information to any person upon proper request and payment of the requisite fee and without requiring written consent of the subject of the request.

Amended by Act 2023, No. 659,§ 74, eff. 1/1/2024.

Amended by Act 2015, No. 1185,§ 3, eff. 1/1/2016.

Acts 2003 (1st Ex. Sess.), No. 63, § 6; 2005, No. 1573, § 4; 2005, No. 2213, § 5; 2007, No. 1586, § 3.
Ark. Code Ann. § 12-64-837 — AR Code / Title 12 / Chapter 64 / Subchapter 8 / Section 12-64-837
Malingering
Status: in_force

Any person subject to this code shall be punished as a court-martial may direct if he or she, for the purpose of avoiding work, duty, or service in the organized militia: (1) Feigns illness, physical disablement, mental lapse, or derangement; or (2) Intentionally inflicts self-injury. Acts 1969, No. 50, § 155; A.S.A. 1947, § 11-737.

Any person subject to this code shall be punished as a court-martial may direct if he or she, for the purpose of avoiding work, duty, or service in the organized militia:

(1) Feigns illness, physical disablement, mental lapse, or derangement; or

(2) Intentionally inflicts self-injury.

Acts 1969, No. 50, § 155; A.S.A. 1947, § 11-737.
Ark. Code Ann. § 12-8-307 — AR Code / Title 12 / Chapter 8 / Subchapter 3 / Section 12-8-307
Lease fund - Pledged revenues
Status: in_force

(a) (1) The lease payments and other costs relating to the communications equipment shall be secured solely by a lien on and pledge of all revenues derived from the following fees and charges fixed and imposed by § 27-16-801 , or pursuant to any subsequent similar laws, which are confirmed, ratified, fixed, and imposed, and which are as follows: (A) An operator's or a motorcycle driver's license for two (2) years - six dollars ($6.00); (B) A chauffeur's license for two (2) years - ten dollars ($10.00); (C) A motor scooter license for not more than two (2) years - two dollars ($2.00); (D) An operator's license or a motorcycle driver's license for four (4) years - twelve dollars ($12.00); and (E) A chauffeur's license for four (4) years - twenty dollars ($20.00). (2) The pledging of such revenues, collectively the "pledged revenues", is authorized. (b) On the first day of the month next succeeding the execution of any leasing agreement authorized by this subchapter, all pledged revenues are specifically declared to be cash funds restricted in their use and dedicated to be used solely as authorized in this subchapter. (c) (1) On the first day of the month next succeeding the execution of the lease authorized by this subchapter and so long as lease payments remain to be paid, the pledged revenues shall not be deposited into the State Treasury and shall not be subject to legislative appropriation. (2) The pledged revenues shall be deposited into a bank or banks selected by the Division of Arkansas State Police, as and when received by the Commissioner of Motor Vehicles, the Office of Motor Vehicle, the Division of Arkansas State Police, the Arkansas State Police Commission, the Secretary of the Department of Finance and Administration, or any other state agency. (3) The pledged revenues shall be deposited to the credit of a fund created and designated as the "Division of Arkansas State Police Communications Equipment Lease Fund", referred to in this subchapter as the "lease fund". (d) So long as there are remaining any lease payments to be made, the General Assembly may eliminate or change the driver's license fees referred to as pledged revenues within this section, under § 27-16-801 , or any subsequent similar law, but only on condition that there is always maintained in effect and made available for the payment of lease payments sources of revenue which produce revenues at least sufficient in amount to provide for the payment when due of the lease payments. Amended by Act 2019, No. 910,§ 3374, eff. 7/1/2019. Acts 1985, No. 817, § 5; A.S.A. 1947, § 42-472.

(a) (1) The lease payments and other costs relating to the communications equipment shall be secured solely by a lien on and pledge of all revenues derived from the following fees and charges fixed and imposed by § 27-16-801 , or pursuant to any subsequent similar laws, which are confirmed, ratified, fixed, and imposed, and which are as follows: (A) An operator's or a motorcycle driver's license for two (2) years - six dollars ($6.00); (B) A chauffeur's license for two (2) years - ten dollars ($10.00); (C) A motor scooter license for not more than two (2) years - two dollars ($2.00); (D) An operator's license or a motorcycle driver's license for four (4) years - twelve dollars ($12.00); and (E) A chauffeur's license for four (4) years - twenty dollars ($20.00). (2) The pledging of such revenues, collectively the "pledged revenues", is authorized.

(1) The lease payments and other costs relating to the communications equipment shall be secured solely by a lien on and pledge of all revenues derived from the following fees and charges fixed and imposed by § 27-16-801 , or pursuant to any subsequent similar laws, which are confirmed, ratified, fixed, and imposed, and which are as follows: (A) An operator's or a motorcycle driver's license for two (2) years - six dollars ($6.00); (B) A chauffeur's license for two (2) years - ten dollars ($10.00); (C) A motor scooter license for not more than two (2) years - two dollars ($2.00); (D) An operator's license or a motorcycle driver's license for four (4) years - twelve dollars ($12.00); and (E) A chauffeur's license for four (4) years - twenty dollars ($20.00).

(A) An operator's or a motorcycle driver's license for two (2) years - six dollars ($6.00);

(B) A chauffeur's license for two (2) years - ten dollars ($10.00);

(C) A motor scooter license for not more than two (2) years - two dollars ($2.00);

(D) An operator's license or a motorcycle driver's license for four (4) years - twelve dollars ($12.00); and

(E) A chauffeur's license for four (4) years - twenty dollars ($20.00).

(2) The pledging of such revenues, collectively the "pledged revenues", is authorized.

(b) On the first day of the month next succeeding the execution of any leasing agreement authorized by this subchapter, all pledged revenues are specifically declared to be cash funds restricted in their use and dedicated to be used solely as authorized in this subchapter.

(c) (1) On the first day of the month next succeeding the execution of the lease authorized by this subchapter and so long as lease payments remain to be paid, the pledged revenues shall not be deposited into the State Treasury and shall not be subject to legislative appropriation. (2) The pledged revenues shall be deposited into a bank or banks selected by the Division of Arkansas State Police, as and when received by the Commissioner of Motor Vehicles, the Office of Motor Vehicle, the Division of Arkansas State Police, the Arkansas State Police Commission, the Secretary of the Department of Finance and Administration, or any other state agency. (3) The pledged revenues shall be deposited to the credit of a fund created and designated as the "Division of Arkansas State Police Communications Equipment Lease Fund", referred to in this subchapter as the "lease fund".

(1) On the first day of the month next succeeding the execution of the lease authorized by this subchapter and so long as lease payments remain to be paid, the pledged revenues shall not be deposited into the State Treasury and shall not be subject to legislative appropriation.

(2) The pledged revenues shall be deposited into a bank or banks selected by the Division of Arkansas State Police, as and when received by the Commissioner of Motor Vehicles, the Office of Motor Vehicle, the Division of Arkansas State Police, the Arkansas State Police Commission, the Secretary of the Department of Finance and Administration, or any other state agency.

(3) The pledged revenues shall be deposited to the credit of a fund created and designated as the "Division of Arkansas State Police Communications Equipment Lease Fund", referred to in this subchapter as the "lease fund".

(d) So long as there are remaining any lease payments to be made, the General Assembly may eliminate or change the driver's license fees referred to as pledged revenues within this section, under § 27-16-801 , or any subsequent similar law, but only on condition that there is always maintained in effect and made available for the payment of lease payments sources of revenue which produce revenues at least sufficient in amount to provide for the payment when due of the lease payments.

Amended by Act 2019, No. 910,§ 3374, eff. 7/1/2019.

Acts 1985, No. 817, § 5; A.S.A. 1947, § 42-472.
Ark. Code Ann. § 12-41-504 — AR Code / Title 12 / Chapter 41 / Subchapter 5 / Section 12-41-504
Feeding and keeping prisoners
Status: in_force

The quorum court in each county shall prescribe the method and procedure for feeding and keeping prisoners confined in the county jail and shall provide for payment for food and services. Acts 1977, No. 342, § 1; A.S.A. 1947, § 46-404.1.

The quorum court in each county shall prescribe the method and procedure for feeding and keeping prisoners confined in the county jail and shall provide for payment for food and services.

Acts 1977, No. 342, § 1; A.S.A. 1947, § 46-404.1.
Ark. Code Ann. § 12-13-111 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-111
Investigation of fires
Status: in_force

(a) (1) The deputies to the Director of the Division of Arkansas State Police shall investigate each fire causing loss of life or damage to property within their jurisdiction to determine if the fire was caused by negligence or design. (2) If it appears that a fire is of suspicious origin or that a crime has been committed in connection therewith, the deputy shall immediately notify the director, who shall promptly initiate an inquiry to ascertain the cause of the fire and the person, if any, responsible therefor. (b) On his or her own motion and at any time, the director may investigate the origin and circumstances of any fire in this state without restraint or liability for trespass. (c) Any building or premises may be inspected along with the contents and occupancy thereof. (d) On request, every fire insurance company licensed in this state shall furnish to the director any information it may have concerning any fire in this state. Amended by Act 2019, No. 910,§ 5867, eff. 7/1/2019. Acts 1955, No. 254, § 12; A.S.A. 1947, § 82-817.

(a) (1) The deputies to the Director of the Division of Arkansas State Police shall investigate each fire causing loss of life or damage to property within their jurisdiction to determine if the fire was caused by negligence or design. (2) If it appears that a fire is of suspicious origin or that a crime has been committed in connection therewith, the deputy shall immediately notify the director, who shall promptly initiate an inquiry to ascertain the cause of the fire and the person, if any, responsible therefor.

(1) The deputies to the Director of the Division of Arkansas State Police shall investigate each fire causing loss of life or damage to property within their jurisdiction to determine if the fire was caused by negligence or design.

(2) If it appears that a fire is of suspicious origin or that a crime has been committed in connection therewith, the deputy shall immediately notify the director, who shall promptly initiate an inquiry to ascertain the cause of the fire and the person, if any, responsible therefor.

(b) On his or her own motion and at any time, the director may investigate the origin and circumstances of any fire in this state without restraint or liability for trespass.

(c) Any building or premises may be inspected along with the contents and occupancy thereof.

(d) On request, every fire insurance company licensed in this state shall furnish to the director any information it may have concerning any fire in this state.

Amended by Act 2019, No. 910,§ 5867, eff. 7/1/2019.

Acts 1955, No. 254, § 12; A.S.A. 1947, § 82-817.
Ark. Code Ann. § 12-29-304 — AR Code / Title 12 / Chapter 29 / Subchapter 3 / Section 12-29-304
Costs and funding
Status: in_force

(a) The cost of implementing and operating the Arkansas Correctional School District shall be borne by the state and shall be paid from funds appropriated by the General Assembly from the general revenues of the state to the Division of Correction, the Division of Community Correction, and the Division of Elementary and Secondary Education, together with any federal funds that may be available for that purpose and from any funds generated from the operations of the Division of Correction and the Division of Community Correction, in the following manner: (1) The cost of facilities, equipment, and current operation in excess of the amount of grants and aids received from the Division of Elementary and Secondary Education shall be borne by the Division of Correction and the Division of Community Correction as approved by the Board of Corrections; and (2) (A) The district, as other school districts in the state, shall share in the distribution of grants and aids from the Division of Elementary and Secondary Education. (B) However, in no case shall the moneys from the Public School Fund to the district be in excess of the line item appropriation provided to the district in the fund. (b) (1) Recognizing that the primary roles, duties, and responsibilities of the Division of Correction and the Division of Community Correction are to serve as penal and correctional institutions, the district shall be exempt from and shall not be penalized in any manner for not complying with: (A) All of the following: (i) The Quality Education Act of 2003, § 6-15-201 et seq.; (ii) The Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.; (iii) Sections 6-15-901 , 6-15-902 , 6-15-2001 - 6-15-2008 , 6-15-2101 - 6-15-2107 , 6-15-2301 , and 6-16-1201 - 6-16-1206 ; (iv) The Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq.; and (v) The Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq.; (B) Any state laws or rules adopted to comply with the federal Elementary and Secondary Education Act as reauthorized under the No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq., as in existence on January 1, 2005; and (C) Any rule of the State Board of Education related to the provisions listed in this subdivision (b)(1). (2) The district's exemption from or noncompliance with the provisions under this subsection shall not affect the eligibility of the district, the Division of Correction, and the Division of Community Correction to apply for or receive state grants or aids for public school districts as authorized in this subchapter and related rules. Amended by Act 2021, No. 493,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 799, eff. 7/1/2019. Acts 1973, No. 279, § 3; 1985, No. 751, § 1; A.S.A. 1947, § 46-1303; Acts 1989, No. 671, § 1; 1999, No. 391, § 37; 2005, No. 496, § 3.

(a) The cost of implementing and operating the Arkansas Correctional School District shall be borne by the state and shall be paid from funds appropriated by the General Assembly from the general revenues of the state to the Division of Correction, the Division of Community Correction, and the Division of Elementary and Secondary Education, together with any federal funds that may be available for that purpose and from any funds generated from the operations of the Division of Correction and the Division of Community Correction, in the following manner: (1) The cost of facilities, equipment, and current operation in excess of the amount of grants and aids received from the Division of Elementary and Secondary Education shall be borne by the Division of Correction and the Division of Community Correction as approved by the Board of Corrections; and (2) (A) The district, as other school districts in the state, shall share in the distribution of grants and aids from the Division of Elementary and Secondary Education. (B) However, in no case shall the moneys from the Public School Fund to the district be in excess of the line item appropriation provided to the district in the fund.

(1) The cost of facilities, equipment, and current operation in excess of the amount of grants and aids received from the Division of Elementary and Secondary Education shall be borne by the Division of Correction and the Division of Community Correction as approved by the Board of Corrections; and

(2) (A) The district, as other school districts in the state, shall share in the distribution of grants and aids from the Division of Elementary and Secondary Education. (B) However, in no case shall the moneys from the Public School Fund to the district be in excess of the line item appropriation provided to the district in the fund.

(A) The district, as other school districts in the state, shall share in the distribution of grants and aids from the Division of Elementary and Secondary Education.

(B) However, in no case shall the moneys from the Public School Fund to the district be in excess of the line item appropriation provided to the district in the fund.

(b) (1) Recognizing that the primary roles, duties, and responsibilities of the Division of Correction and the Division of Community Correction are to serve as penal and correctional institutions, the district shall be exempt from and shall not be penalized in any manner for not complying with: (A) All of the following: (i) The Quality Education Act of 2003, § 6-15-201 et seq.; (ii) The Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.; (iii) Sections 6-15-901 , 6-15-902 , 6-15-2001 - 6-15-2008 , 6-15-2101 - 6-15-2107 , 6-15-2301 , and 6-16-1201 - 6-16-1206 ; (iv) The Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq.; and (v) The Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq.; (B) Any state laws or rules adopted to comply with the federal Elementary and Secondary Education Act as reauthorized under the No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq., as in existence on January 1, 2005; and (C) Any rule of the State Board of Education related to the provisions listed in this subdivision (b)(1). (2) The district's exemption from or noncompliance with the provisions under this subsection shall not affect the eligibility of the district, the Division of Correction, and the Division of Community Correction to apply for or receive state grants or aids for public school districts as authorized in this subchapter and related rules.

(1) Recognizing that the primary roles, duties, and responsibilities of the Division of Correction and the Division of Community Correction are to serve as penal and correctional institutions, the district shall be exempt from and shall not be penalized in any manner for not complying with: (A) All of the following: (i) The Quality Education Act of 2003, § 6-15-201 et seq.; (ii) The Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.; (iii) Sections 6-15-901 , 6-15-902 , 6-15-2001 - 6-15-2008 , 6-15-2101 - 6-15-2107 , 6-15-2301 , and 6-16-1201 - 6-16-1206 ; (iv) The Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq.; and (v) The Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq.; (B) Any state laws or rules adopted to comply with the federal Elementary and Secondary Education Act as reauthorized under the No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq., as in existence on January 1, 2005; and (C) Any rule of the State Board of Education related to the provisions listed in this subdivision (b)(1).

(A) All of the following: (i) The Quality Education Act of 2003, § 6-15-201 et seq.; (ii) The Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.; (iii) Sections 6-15-901 , 6-15-902 , 6-15-2001 - 6-15-2008 , 6-15-2101 - 6-15-2107 , 6-15-2301 , and 6-16-1201 - 6-16-1206 ; (iv) The Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq.; and (v) The Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq.;

(i) The Quality Education Act of 2003, § 6-15-201 et seq.;

(ii) The Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.;

(iii) Sections 6-15-901 , 6-15-902 , 6-15-2001 - 6-15-2008 , 6-15-2101 - 6-15-2107 , 6-15-2301 , and 6-16-1201 - 6-16-1206 ;

(iv) The Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq.; and

(v) The Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq.;

(B) Any state laws or rules adopted to comply with the federal Elementary and Secondary Education Act as reauthorized under the No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq., as in existence on January 1, 2005; and

(C) Any rule of the State Board of Education related to the provisions listed in this subdivision (b)(1).

(2) The district's exemption from or noncompliance with the provisions under this subsection shall not affect the eligibility of the district, the Division of Correction, and the Division of Community Correction to apply for or receive state grants or aids for public school districts as authorized in this subchapter and related rules.

Amended by Act 2021, No. 493,§ 6, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 799, eff. 7/1/2019.

Acts 1973, No. 279, § 3; 1985, No. 751, § 1; A.S.A. 1947, § 46-1303; Acts 1989, No. 671, § 1; 1999, No. 391, § 37; 2005, No. 496, § 3.
Ark. Code Ann. § 12-27-106 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-106
Publication of rules - Report concerning administrative directives and administrative memoranda filed with Legislative Council
Status: in_force

(a) The Board of Corrections shall make available in conspicuous places all rules promulgated by the board with reference to the conduct of the persons committed to or housed in correctional facilities that are operated or contracted by the divisions and agencies the board governs. (b) (1) Except as provided in subdivision (b)(2) of this section, the board shall file a report with the Legislative Council on a quarterly basis containing all new and revised administrative directives and administrative memoranda issued in the previous quarter by: (A) The board; (B) The Director of the Division of Correction; (C) The Director of the Division of Community Correction; (D) Staff of the Division of Correction and the Division of Community Correction; and (E) The Secretary of the Department of Corrections. (2) The report under subdivision (b)(1) of this section shall not include information that is confidential under § 12-27-137 or § 12-27-148 . Amended by Act 2021, No. 152,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 882, eff. 7/24/2019. Amended by Act 2019, No. 396,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1258,§ 14, eff. 7/22/2015. Acts 1933, No. 30, § 11; Pope's Dig., § 12655; A.S.A. 1947, § 46-132.

(a) The Board of Corrections shall make available in conspicuous places all rules promulgated by the board with reference to the conduct of the persons committed to or housed in correctional facilities that are operated or contracted by the divisions and agencies the board governs.

(b) (1) Except as provided in subdivision (b)(2) of this section, the board shall file a report with the Legislative Council on a quarterly basis containing all new and revised administrative directives and administrative memoranda issued in the previous quarter by: (A) The board; (B) The Director of the Division of Correction; (C) The Director of the Division of Community Correction; (D) Staff of the Division of Correction and the Division of Community Correction; and (E) The Secretary of the Department of Corrections. (2) The report under subdivision (b)(1) of this section shall not include information that is confidential under § 12-27-137 or § 12-27-148 .

(1) Except as provided in subdivision (b)(2) of this section, the board shall file a report with the Legislative Council on a quarterly basis containing all new and revised administrative directives and administrative memoranda issued in the previous quarter by: (A) The board; (B) The Director of the Division of Correction; (C) The Director of the Division of Community Correction; (D) Staff of the Division of Correction and the Division of Community Correction; and (E) The Secretary of the Department of Corrections.

(A) The board;

(B) The Director of the Division of Correction;

(C) The Director of the Division of Community Correction;

(D) Staff of the Division of Correction and the Division of Community Correction; and

(E) The Secretary of the Department of Corrections.

(2) The report under subdivision (b)(1) of this section shall not include information that is confidential under § 12-27-137 or § 12-27-148 .

Amended by Act 2021, No. 152,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 882, eff. 7/24/2019.

Amended by Act 2019, No. 396,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1258,§ 14, eff. 7/22/2015.

Acts 1933, No. 30, § 11; Pope's Dig., § 12655; A.S.A. 1947, § 46-132.
Ark. Code Ann. § 12-13-304 — AR Code / Title 12 / Chapter 13 / Subchapter 3 / Section 12-13-304
Confidentiality
Status: in_force

Any information furnished to any authorized agency pursuant to this subchapter shall be held in confidence by the authorized agency and shall be released only for use in a civil or criminal proceeding as authorized by a court of competent jurisdiction. Acts 1981, No. 123, § 4; A.S.A. 1947, § 66-5604.

Any information furnished to any authorized agency pursuant to this subchapter shall be held in confidence by the authorized agency and shall be released only for use in a civil or criminal proceeding as authorized by a court of competent jurisdiction.

Acts 1981, No. 123, § 4; A.S.A. 1947, § 66-5604.