Ark. Code Ann. § 12-61-121 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-121
Awards, medals, etc
Status: in_force

(a) (1) The Governor may award in the name of the State of Arkansas a medal, ribbon, or decoration for exceptional or meritorious service rendered by a member of the organized militia, including without limitation the: (A) "Arkansas Commendation Medal"; (B) "Arkansas Distinguished Service Medal"; and (C) "Arkansas Star of Honor". (2) The Governor or Adjutant General may award in the name of the State of Arkansas an: (A) Honorary award to a civilian employee of the Arkansas National Guard in recognition of his or her noteworthy accomplishments, including without limitation the: (i) "Arkansas Distinguished Civilian Service Medal"; (ii) "Arkansas Meritorious Civilian Service Medal"; (iii) "Arkansas Civilian Service Commendation Medal"; and (iv) "Arkansas Civilian Service Achievement Medal"; and (B) Award for public service to a person or organization who is not employed by the Arkansas National Guard, including without limitation the: (i) "Arkansas Distinguished Public Service Medal"; (ii) "Arkansas Meritorious Public Service Medal"; or (iii) "Arkansas Public Service Commendation Medal". (3) The Department of the Military may promulgate necessary rules to establish the criteria under which a medal, ribbon, or decoration may be awarded. (b) Whenever it shall appear to the satisfaction of the Adjutant General that any service medal duly issued by the State of Arkansas, in accordance with the military rules, to a member of the organized militia, has been lost or stolen, he or she may, in his or her discretion, and upon such terms as he or she may impose upon written application of the person originally entitled to such medal, issue a duplicate thereof. Amended by Act 2021, No. 183,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 925, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 924, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5532, eff. 7/1/2019. Acts 1969, No. 50, §§ 201, 202; A.S.A. 1947, §§ 11-1103, 11-1104; Acts 1991, No. 550, § 1; 2007, No. 47, § 1.

(a) (1) The Governor may award in the name of the State of Arkansas a medal, ribbon, or decoration for exceptional or meritorious service rendered by a member of the organized militia, including without limitation the: (A) "Arkansas Commendation Medal"; (B) "Arkansas Distinguished Service Medal"; and (C) "Arkansas Star of Honor". (2) The Governor or Adjutant General may award in the name of the State of Arkansas an: (A) Honorary award to a civilian employee of the Arkansas National Guard in recognition of his or her noteworthy accomplishments, including without limitation the: (i) "Arkansas Distinguished Civilian Service Medal"; (ii) "Arkansas Meritorious Civilian Service Medal"; (iii) "Arkansas Civilian Service Commendation Medal"; and (iv) "Arkansas Civilian Service Achievement Medal"; and (B) Award for public service to a person or organization who is not employed by the Arkansas National Guard, including without limitation the: (i) "Arkansas Distinguished Public Service Medal"; (ii) "Arkansas Meritorious Public Service Medal"; or (iii) "Arkansas Public Service Commendation Medal". (3) The Department of the Military may promulgate necessary rules to establish the criteria under which a medal, ribbon, or decoration may be awarded.

(1) The Governor may award in the name of the State of Arkansas a medal, ribbon, or decoration for exceptional or meritorious service rendered by a member of the organized militia, including without limitation the: (A) "Arkansas Commendation Medal"; (B) "Arkansas Distinguished Service Medal"; and (C) "Arkansas Star of Honor".

(A) "Arkansas Commendation Medal";

(B) "Arkansas Distinguished Service Medal"; and

(C) "Arkansas Star of Honor".

(2) The Governor or Adjutant General may award in the name of the State of Arkansas an: (A) Honorary award to a civilian employee of the Arkansas National Guard in recognition of his or her noteworthy accomplishments, including without limitation the: (i) "Arkansas Distinguished Civilian Service Medal"; (ii) "Arkansas Meritorious Civilian Service Medal"; (iii) "Arkansas Civilian Service Commendation Medal"; and (iv) "Arkansas Civilian Service Achievement Medal"; and (B) Award for public service to a person or organization who is not employed by the Arkansas National Guard, including without limitation the: (i) "Arkansas Distinguished Public Service Medal"; (ii) "Arkansas Meritorious Public Service Medal"; or (iii) "Arkansas Public Service Commendation Medal".

(A) Honorary award to a civilian employee of the Arkansas National Guard in recognition of his or her noteworthy accomplishments, including without limitation the: (i) "Arkansas Distinguished Civilian Service Medal"; (ii) "Arkansas Meritorious Civilian Service Medal"; (iii) "Arkansas Civilian Service Commendation Medal"; and (iv) "Arkansas Civilian Service Achievement Medal"; and

(i) "Arkansas Distinguished Civilian Service Medal";

(ii) "Arkansas Meritorious Civilian Service Medal";

(iii) "Arkansas Civilian Service Commendation Medal"; and

(iv) "Arkansas Civilian Service Achievement Medal"; and

(B) Award for public service to a person or organization who is not employed by the Arkansas National Guard, including without limitation the: (i) "Arkansas Distinguished Public Service Medal"; (ii) "Arkansas Meritorious Public Service Medal"; or (iii) "Arkansas Public Service Commendation Medal".

(i) "Arkansas Distinguished Public Service Medal";

(ii) "Arkansas Meritorious Public Service Medal"; or

(iii) "Arkansas Public Service Commendation Medal".

(3) The Department of the Military may promulgate necessary rules to establish the criteria under which a medal, ribbon, or decoration may be awarded.

(b) Whenever it shall appear to the satisfaction of the Adjutant General that any service medal duly issued by the State of Arkansas, in accordance with the military rules, to a member of the organized militia, has been lost or stolen, he or she may, in his or her discretion, and upon such terms as he or she may impose upon written application of the person originally entitled to such medal, issue a duplicate thereof.

Amended by Act 2021, No. 183,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 925, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 924, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5532, eff. 7/1/2019.

Acts 1969, No. 50, §§ 201, 202; A.S.A. 1947, §§ 11-1103, 11-1104; Acts 1991, No. 550, § 1; 2007, No. 47, § 1.
Ark. Code Ann. § 12-41-301 — AR Code / Title 12 / Chapter 41 / Subchapter 3 / Section 12-41-301
Purchase of land
Status: in_force

(a) (1) The county courts of the several counties in this state shall purchase a farm or tract of land within the boundaries of the county and provide for the erection on the farm or tract of land a house of correction. (2) However, the farm or tract of land shall not be purchased unless the taxpayers of each township in the county shall petition the county court to provide for the purchase. No farm shall be purchased unless a majority of all the taxpayers of the county sign the petitions. (b) (1) The county court may appoint three (3) discreet persons as commissioners, who shall be taxpayers and qualified voters of this state, to select and agree for the purchase of a farm or tract of land as provided in subsection (a) of this section. (2) When the commissioners have made a selection and agreement concerning the farm or tract of land, they shall report their doings to the county court. (3) If the court approves the selection and the stipulations of the commissioners concerning the payment for the land, then the court shall provide for the purchase of the land and take from the vendor of the land a good and sufficient deed of conveyance for the use of the county. (4) The deed of conveyance shall be in such form and shall be taken in such manner as is provided by law in such cases. (c) The farm or tract of land provided for in this section may be either improved or unimproved land, as the county court may in its discretion elect. (d) The farm or tract of land provided for in this section shall consist of such number of acres as the county court may in its discretion determine. (e) When the court determines to purchase the farm or tract of land, the court shall contract for the land on the most favorable terms possible to the county. (f) The court shall pay for the farm, and for the erection of the house of correction, in the same manner that other public county improvements are paid for. Acts 1868, No. 27, §§ 1-3, 6, p. 84; C. & M. Dig., §§ 1950-1955, 1959; Pope's Dig., §§ 2479-2484, 2488; A.S.A. 1947, §§ 46-601 -- 46-603, 46-606.

(a) (1) The county courts of the several counties in this state shall purchase a farm or tract of land within the boundaries of the county and provide for the erection on the farm or tract of land a house of correction. (2) However, the farm or tract of land shall not be purchased unless the taxpayers of each township in the county shall petition the county court to provide for the purchase. No farm shall be purchased unless a majority of all the taxpayers of the county sign the petitions.

(1) The county courts of the several counties in this state shall purchase a farm or tract of land within the boundaries of the county and provide for the erection on the farm or tract of land a house of correction.

(2) However, the farm or tract of land shall not be purchased unless the taxpayers of each township in the county shall petition the county court to provide for the purchase. No farm shall be purchased unless a majority of all the taxpayers of the county sign the petitions.

(b) (1) The county court may appoint three (3) discreet persons as commissioners, who shall be taxpayers and qualified voters of this state, to select and agree for the purchase of a farm or tract of land as provided in subsection (a) of this section. (2) When the commissioners have made a selection and agreement concerning the farm or tract of land, they shall report their doings to the county court. (3) If the court approves the selection and the stipulations of the commissioners concerning the payment for the land, then the court shall provide for the purchase of the land and take from the vendor of the land a good and sufficient deed of conveyance for the use of the county. (4) The deed of conveyance shall be in such form and shall be taken in such manner as is provided by law in such cases.

(1) The county court may appoint three (3) discreet persons as commissioners, who shall be taxpayers and qualified voters of this state, to select and agree for the purchase of a farm or tract of land as provided in subsection (a) of this section.

(2) When the commissioners have made a selection and agreement concerning the farm or tract of land, they shall report their doings to the county court.

(3) If the court approves the selection and the stipulations of the commissioners concerning the payment for the land, then the court shall provide for the purchase of the land and take from the vendor of the land a good and sufficient deed of conveyance for the use of the county.

(4) The deed of conveyance shall be in such form and shall be taken in such manner as is provided by law in such cases.

(c) The farm or tract of land provided for in this section may be either improved or unimproved land, as the county court may in its discretion elect.

(d) The farm or tract of land provided for in this section shall consist of such number of acres as the county court may in its discretion determine.

(e) When the court determines to purchase the farm or tract of land, the court shall contract for the land on the most favorable terms possible to the county.

(f) The court shall pay for the farm, and for the erection of the house of correction, in the same manner that other public county improvements are paid for.

Acts 1868, No. 27, §§ 1-3, 6, p. 84; C. & M. Dig., §§ 1950-1955, 1959; Pope's Dig., §§ 2479-2484, 2488; A.S.A. 1947, §§ 46-601 -- 46-603, 46-606.
Ark. Code Ann. § 12-12-1718 — AR Code / Title 12 / Chapter 12 / Subchapter 17 / Section 12-12-1718
Availability of screened-out, pending, and unfounded reports
Status: in_force

(a) (1) A record of a screened-out report of adult maltreatment or long-term care facility resident maltreatment shall not be disclosed except to: (A) The office of the Attorney General; (B) A prosecuting attorney; (C) An appropriate law enforcement agency; (D) A current employer of the person named as the alleged offender, if the employer made the initial report; and (E) A board or government entity responsible for licensing or registering the person named as the alleged offender. (2) The Department of Human Services may only use a screened-out report of adult maltreatment or long-term care facility resident maltreatment for the purposes of administration of the program. (b) (1) A pending report, including protected health information, is confidential and shall be made available only to: (A) The department, including the Death Review Committee of the Department of Human Services; (B) A law enforcement agency; (C) A prosecuting attorney; (D) The office of the Attorney General; (E) A circuit court having jurisdiction pursuant to a petition for emergency, temporary, long-term protective custody, or protective services; (F) A grand jury or court, upon a finding that the information in the report is necessary for the determination of an issue before the grand jury or court; (G) A person or provider identified by the department as having services needed by the maltreated person; (H) Any applicable licensing or registering authority; (I) A current employer of the person named as the alleged offender, if the employer made the initial report; (J) A board or government entity responsible for licensing or registering the person named as the alleged offender; and (K) The Office of Medicaid Inspector General. (2) The subject of the report may only be advised that a report is pending. (c) Upon satisfaction of due process and if an allegation was determined to be unfounded, the investigative report, including protected health information, is confidential and shall be made available only to: (1) The department, including the committee; (2) A law enforcement agency; (3) A prosecuting attorney; (4) The office of the Attorney General; (5) Any applicable licensing or registering authority; (6) Any person named as a subject of the report or that person's legal guardian; (7) A circuit court having jurisdiction pursuant to a petition for emergency, temporary, long-term protective custody, or protective services; (8) A grand jury or court, upon a finding that the information in the record is necessary for the determination of an issue before the grand jury or court; (9) A person or provider identified by the department as having services needed by the person; (10) A current employer of the person named as the alleged offender, if the employer made the initial report; (11) A board or government entity responsible for licensing or registering the person named as the alleged offender; and (12) The Office of Medicaid Inspector General. (d) The department may retain automated information on unfounded reports for statistical purposes, to assess future risk, and to identify false reporting. (e) (1) Except for the subject of the report, no person or agency to which disclosure is made may disclose to any other person or agency a report or other information obtained under this section. (2) Upon conviction, any person disclosing information in violation of this subsection is guilty of a Class C misdemeanor. (f) (1) The department may not release data that would identify the person who made a report except to law enforcement, a prosecuting attorney, or the office of the Attorney General. (2) A court of competent jurisdiction may order release of data that would identify the person who made a report after the court has reviewed in camera the record related to the report and has found that disclosure is needed: (A) To prevent commission of a crime; or (B) For prosecution of a crime. (g) (1) Data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department: (A) Are confidential; (B) Shall be sealed; and (C) Shall not be redisclosed without a protective order. (2) Data, records, reports, or documents released under this section are confidential and are items of evidence for which there is a reasonable expectation of privacy that the items will not be distributed to persons or institutions without a legitimate interest in the evidence. (3) This subchapter does not abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or other applicable law. Amended by Act 2023, No. 187,§ 1, eff. 8/1/2023. Amended by Act 2015, No. 1214,§ 7, eff. 7/22/2015. Amended by Act 2013, No. 584,§ 12, eff. 8/16/2013. Amended by Act 2013, No. 584,§ 11, eff. 8/16/2013. Amended by Act 2013, No. 584,§ 10, eff. 8/16/2013. Acts 2005, No. 1812, § 1; 2007, No. 283, § 10; 2009, No. 525, § 5.

(a) (1) A record of a screened-out report of adult maltreatment or long-term care facility resident maltreatment shall not be disclosed except to: (A) The office of the Attorney General; (B) A prosecuting attorney; (C) An appropriate law enforcement agency; (D) A current employer of the person named as the alleged offender, if the employer made the initial report; and (E) A board or government entity responsible for licensing or registering the person named as the alleged offender. (2) The Department of Human Services may only use a screened-out report of adult maltreatment or long-term care facility resident maltreatment for the purposes of administration of the program.

(1) A record of a screened-out report of adult maltreatment or long-term care facility resident maltreatment shall not be disclosed except to: (A) The office of the Attorney General; (B) A prosecuting attorney; (C) An appropriate law enforcement agency; (D) A current employer of the person named as the alleged offender, if the employer made the initial report; and (E) A board or government entity responsible for licensing or registering the person named as the alleged offender.

(A) The office of the Attorney General;

(B) A prosecuting attorney;

(C) An appropriate law enforcement agency;

(D) A current employer of the person named as the alleged offender, if the employer made the initial report; and

(E) A board or government entity responsible for licensing or registering the person named as the alleged offender.

(2) The Department of Human Services may only use a screened-out report of adult maltreatment or long-term care facility resident maltreatment for the purposes of administration of the program.

(b) (1) A pending report, including protected health information, is confidential and shall be made available only to: (A) The department, including the Death Review Committee of the Department of Human Services; (B) A law enforcement agency; (C) A prosecuting attorney; (D) The office of the Attorney General; (E) A circuit court having jurisdiction pursuant to a petition for emergency, temporary, long-term protective custody, or protective services; (F) A grand jury or court, upon a finding that the information in the report is necessary for the determination of an issue before the grand jury or court; (G) A person or provider identified by the department as having services needed by the maltreated person; (H) Any applicable licensing or registering authority; (I) A current employer of the person named as the alleged offender, if the employer made the initial report; (J) A board or government entity responsible for licensing or registering the person named as the alleged offender; and (K) The Office of Medicaid Inspector General. (2) The subject of the report may only be advised that a report is pending.

(1) A pending report, including protected health information, is confidential and shall be made available only to: (A) The department, including the Death Review Committee of the Department of Human Services; (B) A law enforcement agency; (C) A prosecuting attorney; (D) The office of the Attorney General; (E) A circuit court having jurisdiction pursuant to a petition for emergency, temporary, long-term protective custody, or protective services; (F) A grand jury or court, upon a finding that the information in the report is necessary for the determination of an issue before the grand jury or court; (G) A person or provider identified by the department as having services needed by the maltreated person; (H) Any applicable licensing or registering authority; (I) A current employer of the person named as the alleged offender, if the employer made the initial report; (J) A board or government entity responsible for licensing or registering the person named as the alleged offender; and (K) The Office of Medicaid Inspector General.

(A) The department, including the Death Review Committee of the Department of Human Services;

(B) A law enforcement agency;

(C) A prosecuting attorney;

(D) The office of the Attorney General;

(E) A circuit court having jurisdiction pursuant to a petition for emergency, temporary, long-term protective custody, or protective services;

(F) A grand jury or court, upon a finding that the information in the report is necessary for the determination of an issue before the grand jury or court;

(G) A person or provider identified by the department as having services needed by the maltreated person;

(H) Any applicable licensing or registering authority;

(I) A current employer of the person named as the alleged offender, if the employer made the initial report;

(J) A board or government entity responsible for licensing or registering the person named as the alleged offender; and

(K) The Office of Medicaid Inspector General.

(2) The subject of the report may only be advised that a report is pending.

(c) Upon satisfaction of due process and if an allegation was determined to be unfounded, the investigative report, including protected health information, is confidential and shall be made available only to: (1) The department, including the committee; (2) A law enforcement agency; (3) A prosecuting attorney; (4) The office of the Attorney General; (5) Any applicable licensing or registering authority; (6) Any person named as a subject of the report or that person's legal guardian; (7) A circuit court having jurisdiction pursuant to a petition for emergency, temporary, long-term protective custody, or protective services; (8) A grand jury or court, upon a finding that the information in the record is necessary for the determination of an issue before the grand jury or court; (9) A person or provider identified by the department as having services needed by the person; (10) A current employer of the person named as the alleged offender, if the employer made the initial report; (11) A board or government entity responsible for licensing or registering the person named as the alleged offender; and (12) The Office of Medicaid Inspector General.

(1) The department, including the committee;

(2) A law enforcement agency;

(3) A prosecuting attorney;

(4) The office of the Attorney General;

(5) Any applicable licensing or registering authority;

(6) Any person named as a subject of the report or that person's legal guardian;

(7) A circuit court having jurisdiction pursuant to a petition for emergency, temporary, long-term protective custody, or protective services;

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

(9) A person or provider identified by the department as having services needed by the person;

(10) A current employer of the person named as the alleged offender, if the employer made the initial report;

(11) A board or government entity responsible for licensing or registering the person named as the alleged offender; and

(12) The Office of Medicaid Inspector General.

(d) The department may retain automated information on unfounded reports for statistical purposes, to assess future risk, and to identify false reporting.

(e) (1) Except for the subject of the report, no person or agency to which disclosure is made may disclose to any other person or agency a report or other information obtained under this section. (2) Upon conviction, any person disclosing information in violation of this subsection is guilty of a Class C misdemeanor.

(1) Except for the subject of the report, no person or agency to which disclosure is made may disclose to any other person or agency a report or other information obtained under this section.

(2) Upon conviction, any person disclosing information in violation of this subsection is guilty of a Class C misdemeanor.

(f) (1) The department may not release data that would identify the person who made a report except to law enforcement, a prosecuting attorney, or the office of the Attorney General. (2) A court of competent jurisdiction may order release of data that would identify the person who made a report after the court has reviewed in camera the record related to the report and has found that disclosure is needed: (A) To prevent commission of a crime; or (B) For prosecution of a crime.

(1) The department may not release data that would identify the person who made a report except to law enforcement, a prosecuting attorney, or the office of the Attorney General.

(2) A court of competent jurisdiction may order release of data that would identify the person who made a report after the court has reviewed in camera the record related to the report and has found that disclosure is needed: (A) To prevent commission of a crime; or (B) For prosecution of a crime.

(A) To prevent commission of a crime; or

(B) For prosecution of a crime.

(g) (1) Data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department: (A) Are confidential; (B) Shall be sealed; and (C) Shall not be redisclosed without a protective order. (2) Data, records, reports, or documents released under this section are confidential and are items of evidence for which there is a reasonable expectation of privacy that the items will not be distributed to persons or institutions without a legitimate interest in the evidence. (3) This subchapter does not abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or other applicable law.

(1) Data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department: (A) Are confidential; (B) Shall be sealed; and (C) Shall not be redisclosed without a protective order.

(A) Are confidential;

(B) Shall be sealed; and

(C) Shall not be redisclosed without a protective order.

(2) Data, records, reports, or documents released under this section are confidential and are items of evidence for which there is a reasonable expectation of privacy that the items will not be distributed to persons or institutions without a legitimate interest in the evidence.

(3) This subchapter does not abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or other applicable law.

Amended by Act 2023, No. 187,§ 1, eff. 8/1/2023.

Amended by Act 2015, No. 1214,§ 7, eff. 7/22/2015.

Amended by Act 2013, No. 584,§ 12, eff. 8/16/2013.

Amended by Act 2013, No. 584,§ 11, eff. 8/16/2013.

Amended by Act 2013, No. 584,§ 10, eff. 8/16/2013.

Acts 2005, No. 1812, § 1; 2007, No. 283, § 10; 2009, No. 525, § 5.
Ark. Code Ann. § 12-18-601 — AR Code / Title 12 / Chapter 18 / Subchapter 6 / Section 12-18-601
Assignment to investigative agency
Status: in_force

(a) (1) If a report of child maltreatment is accepted by the Child Abuse Hotline, an investigation shall be conducted under procedures established by the Department of Human Services unless the report is accepted for triage under subdivision (a)(2)(C) of this section. (2) The procedures established by the Department of Human Services shall require the: (A) Assignment of a report of child maltreatment to the Department of Human Services or the Division of Arkansas State Police as the investigating agency; (B) Assignment of a report of child maltreatment to the Division of Arkansas State Police if the report involves: (i) Severe maltreatment; (ii) An agency, corporation, or partnership that provides substitute care for a child who is in the custody of the Department of Human Services; or (iii) A person, agency, corporation, or partnership that provides substitute care for a child who is in the custody of an employee of the Department of Human Services or another person who resides in the home of an employee of the Department of Human Services; and (C) Assignment of a report of child maltreatment that qualifies for triage procedures that are developed and implemented under this section and as prescribed by triage procedures in lieu of an assignment for investigation by the Department of Human Services or the Division of Arkansas State Police. (b) (1) (A) After the assignment of a report of child maltreatment, the investigating agency shall initiate an investigation as provided under this subchapter or follow triage procedures under subdivision (a)(2)(C) of this section. (B) After initiating the investigation and interviewing the alleged victim, the investigating agency shall review the report of child maltreatment to determine if the investigation should be administratively closed under § 12-18-702 without complying with the requirements of this subchapter regarding a complete investigation. (C) If an investigation is not administratively closed under § 12-18-702 , the investigating agency shall comply with the requirements of this subchapter regarding a complete investigation. (2) (A) The investigating agency shall administratively close an investigation under procedures that are established by the Department of Human Services. (B) The procedures established by the Department of Human Services shall require the: (i) Closure of an investigation if there is no evidence to support the report of child maltreatment other than the report made to the Child Abuse Hotline; (ii) Closure of an investigation if there is insufficient detail to investigate the report of child maltreatment; (iii) Closure of an investigation if: (a) There has not been an additional report of abuse or neglect that has been committed by the alleged offender who is the subject of the current report; (b) The investigator reviews the prior history of child maltreatment related to the family of the child and to the alleged offender and determines that the health and safety of the child can be assured without further investigation by the Department of Human Services or the Division of Arkansas State Police; and (c) The investigator determines that abuse or neglect of the child did not occur; and (iv) Approval of the: (a) Director of the Division of Children and Family Services of the Department of Human Services or his or her designee for the administrative closure of an investigation that is conducted by the Department of Human Services; or (b) Director of the Division of Arkansas State Police or his or her designee for the administrative closure of an investigation conducted by the Division of Arkansas State Police. (c) (1) The Department of Human Services and the Division of Arkansas State Police may develop and implement triage procedures for accepting, documenting, and assigning reports of child maltreatment. (2) The Department of Human Services and the Division of Arkansas State Police shall not implement this section until rules necessary to carry out this subsection have been promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) (1) With regard to the procedures established in accordance with subsections (a) and (b) of this section, the Department of Human Services shall assess the safety of a child upon the receipt of an accepted child maltreatment report. (2) The assessment under subdivision (d)(1) of this section shall include each underlying issue or additional child maltreatment concern that may not have been identified in the original Child Abuse Hotline report. (e) The Department of Human Services shall work with families related to an accepted child maltreatment report to remedy the conditions or issues that resulted in the child maltreatment report. Amended by Act 2023, No. 727,§ 9, eff. 8/1/2023. Amended by Act 2023, No. 364,§ 14, eff. 8/1/2023. Amended by Act 2023, No. 364,§ 13, eff. 8/1/2023. Amended by Act 2023, No. 364,§ 12, eff. 8/1/2023. Amended by Act 2023, No. 364,§ 11, eff. 8/1/2023. Amended by Act 2019, No. 802,§ 3, eff. 7/24/2019. Amended by Act 2015, No. 1215,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 1004,§ 10, eff. 7/22/2015. Acts 2009, No. 749, § 1; 2011, No. 1143, § 10.

(a) (1) If a report of child maltreatment is accepted by the Child Abuse Hotline, an investigation shall be conducted under procedures established by the Department of Human Services unless the report is accepted for triage under subdivision (a)(2)(C) of this section. (2) The procedures established by the Department of Human Services shall require the: (A) Assignment of a report of child maltreatment to the Department of Human Services or the Division of Arkansas State Police as the investigating agency; (B) Assignment of a report of child maltreatment to the Division of Arkansas State Police if the report involves: (i) Severe maltreatment; (ii) An agency, corporation, or partnership that provides substitute care for a child who is in the custody of the Department of Human Services; or (iii) A person, agency, corporation, or partnership that provides substitute care for a child who is in the custody of an employee of the Department of Human Services or another person who resides in the home of an employee of the Department of Human Services; and (C) Assignment of a report of child maltreatment that qualifies for triage procedures that are developed and implemented under this section and as prescribed by triage procedures in lieu of an assignment for investigation by the Department of Human Services or the Division of Arkansas State Police.

(1) If a report of child maltreatment is accepted by the Child Abuse Hotline, an investigation shall be conducted under procedures established by the Department of Human Services unless the report is accepted for triage under subdivision (a)(2)(C) of this section.

(2) The procedures established by the Department of Human Services shall require the: (A) Assignment of a report of child maltreatment to the Department of Human Services or the Division of Arkansas State Police as the investigating agency; (B) Assignment of a report of child maltreatment to the Division of Arkansas State Police if the report involves: (i) Severe maltreatment; (ii) An agency, corporation, or partnership that provides substitute care for a child who is in the custody of the Department of Human Services; or (iii) A person, agency, corporation, or partnership that provides substitute care for a child who is in the custody of an employee of the Department of Human Services or another person who resides in the home of an employee of the Department of Human Services; and (C) Assignment of a report of child maltreatment that qualifies for triage procedures that are developed and implemented under this section and as prescribed by triage procedures in lieu of an assignment for investigation by the Department of Human Services or the Division of Arkansas State Police.

(A) Assignment of a report of child maltreatment to the Department of Human Services or the Division of Arkansas State Police as the investigating agency;

(B) Assignment of a report of child maltreatment to the Division of Arkansas State Police if the report involves: (i) Severe maltreatment; (ii) An agency, corporation, or partnership that provides substitute care for a child who is in the custody of the Department of Human Services; or (iii) A person, agency, corporation, or partnership that provides substitute care for a child who is in the custody of an employee of the Department of Human Services or another person who resides in the home of an employee of the Department of Human Services; and

(i) Severe maltreatment;

(ii) An agency, corporation, or partnership that provides substitute care for a child who is in the custody of the Department of Human Services; or

(iii) A person, agency, corporation, or partnership that provides substitute care for a child who is in the custody of an employee of the Department of Human Services or another person who resides in the home of an employee of the Department of Human Services; and

(C) Assignment of a report of child maltreatment that qualifies for triage procedures that are developed and implemented under this section and as prescribed by triage procedures in lieu of an assignment for investigation by the Department of Human Services or the Division of Arkansas State Police.

(b) (1) (A) After the assignment of a report of child maltreatment, the investigating agency shall initiate an investigation as provided under this subchapter or follow triage procedures under subdivision (a)(2)(C) of this section. (B) After initiating the investigation and interviewing the alleged victim, the investigating agency shall review the report of child maltreatment to determine if the investigation should be administratively closed under § 12-18-702 without complying with the requirements of this subchapter regarding a complete investigation. (C) If an investigation is not administratively closed under § 12-18-702 , the investigating agency shall comply with the requirements of this subchapter regarding a complete investigation. (2) (A) The investigating agency shall administratively close an investigation under procedures that are established by the Department of Human Services. (B) The procedures established by the Department of Human Services shall require the: (i) Closure of an investigation if there is no evidence to support the report of child maltreatment other than the report made to the Child Abuse Hotline; (ii) Closure of an investigation if there is insufficient detail to investigate the report of child maltreatment; (iii) Closure of an investigation if: (a) There has not been an additional report of abuse or neglect that has been committed by the alleged offender who is the subject of the current report; (b) The investigator reviews the prior history of child maltreatment related to the family of the child and to the alleged offender and determines that the health and safety of the child can be assured without further investigation by the Department of Human Services or the Division of Arkansas State Police; and (c) The investigator determines that abuse or neglect of the child did not occur; and (iv) Approval of the: (a) Director of the Division of Children and Family Services of the Department of Human Services or his or her designee for the administrative closure of an investigation that is conducted by the Department of Human Services; or (b) Director of the Division of Arkansas State Police or his or her designee for the administrative closure of an investigation conducted by the Division of Arkansas State Police. (c) (1) The Department of Human Services and the Division of Arkansas State Police may develop and implement triage procedures for accepting, documenting, and assigning reports of child maltreatment. (2) The Department of Human Services and the Division of Arkansas State Police shall not implement this section until rules necessary to carry out this subsection have been promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) (1) With regard to the procedures established in accordance with subsections (a) and (b) of this section, the Department of Human Services shall assess the safety of a child upon the receipt of an accepted child maltreatment report. (2) The assessment under subdivision (d)(1) of this section shall include each underlying issue or additional child maltreatment concern that may not have been identified in the original Child Abuse Hotline report. (e) The Department of Human Services shall work with families related to an accepted child maltreatment report to remedy the conditions or issues that resulted in the child maltreatment report.

(1) (A) After the assignment of a report of child maltreatment, the investigating agency shall initiate an investigation as provided under this subchapter or follow triage procedures under subdivision (a)(2)(C) of this section. (B) After initiating the investigation and interviewing the alleged victim, the investigating agency shall review the report of child maltreatment to determine if the investigation should be administratively closed under § 12-18-702 without complying with the requirements of this subchapter regarding a complete investigation. (C) If an investigation is not administratively closed under § 12-18-702 , the investigating agency shall comply with the requirements of this subchapter regarding a complete investigation.

(A) After the assignment of a report of child maltreatment, the investigating agency shall initiate an investigation as provided under this subchapter or follow triage procedures under subdivision (a)(2)(C) of this section.

(B) After initiating the investigation and interviewing the alleged victim, the investigating agency shall review the report of child maltreatment to determine if the investigation should be administratively closed under § 12-18-702 without complying with the requirements of this subchapter regarding a complete investigation.

(C) If an investigation is not administratively closed under § 12-18-702 , the investigating agency shall comply with the requirements of this subchapter regarding a complete investigation.

(2) (A) The investigating agency shall administratively close an investigation under procedures that are established by the Department of Human Services. (B) The procedures established by the Department of Human Services shall require the: (i) Closure of an investigation if there is no evidence to support the report of child maltreatment other than the report made to the Child Abuse Hotline; (ii) Closure of an investigation if there is insufficient detail to investigate the report of child maltreatment; (iii) Closure of an investigation if: (a) There has not been an additional report of abuse or neglect that has been committed by the alleged offender who is the subject of the current report; (b) The investigator reviews the prior history of child maltreatment related to the family of the child and to the alleged offender and determines that the health and safety of the child can be assured without further investigation by the Department of Human Services or the Division of Arkansas State Police; and (c) The investigator determines that abuse or neglect of the child did not occur; and (iv) Approval of the: (a) Director of the Division of Children and Family Services of the Department of Human Services or his or her designee for the administrative closure of an investigation that is conducted by the Department of Human Services; or (b) Director of the Division of Arkansas State Police or his or her designee for the administrative closure of an investigation conducted by the Division of Arkansas State Police. (c) (1) The Department of Human Services and the Division of Arkansas State Police may develop and implement triage procedures for accepting, documenting, and assigning reports of child maltreatment. (2) The Department of Human Services and the Division of Arkansas State Police shall not implement this section until rules necessary to carry out this subsection have been promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) (1) With regard to the procedures established in accordance with subsections (a) and (b) of this section, the Department of Human Services shall assess the safety of a child upon the receipt of an accepted child maltreatment report. (2) The assessment under subdivision (d)(1) of this section shall include each underlying issue or additional child maltreatment concern that may not have been identified in the original Child Abuse Hotline report. (e) The Department of Human Services shall work with families related to an accepted child maltreatment report to remedy the conditions or issues that resulted in the child maltreatment report.

(A) The investigating agency shall administratively close an investigation under procedures that are established by the Department of Human Services.

(B) The procedures established by the Department of Human Services shall require the: (i) Closure of an investigation if there is no evidence to support the report of child maltreatment other than the report made to the Child Abuse Hotline; (ii) Closure of an investigation if there is insufficient detail to investigate the report of child maltreatment; (iii) Closure of an investigation if: (a) There has not been an additional report of abuse or neglect that has been committed by the alleged offender who is the subject of the current report; (b) The investigator reviews the prior history of child maltreatment related to the family of the child and to the alleged offender and determines that the health and safety of the child can be assured without further investigation by the Department of Human Services or the Division of Arkansas State Police; and (c) The investigator determines that abuse or neglect of the child did not occur; and (iv) Approval of the: (a) Director of the Division of Children and Family Services of the Department of Human Services or his or her designee for the administrative closure of an investigation that is conducted by the Department of Human Services; or (b) Director of the Division of Arkansas State Police or his or her designee for the administrative closure of an investigation conducted by the Division of Arkansas State Police. (c) (1) The Department of Human Services and the Division of Arkansas State Police may develop and implement triage procedures for accepting, documenting, and assigning reports of child maltreatment. (2) The Department of Human Services and the Division of Arkansas State Police shall not implement this section until rules necessary to carry out this subsection have been promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) (1) With regard to the procedures established in accordance with subsections (a) and (b) of this section, the Department of Human Services shall assess the safety of a child upon the receipt of an accepted child maltreatment report. (2) The assessment under subdivision (d)(1) of this section shall include each underlying issue or additional child maltreatment concern that may not have been identified in the original Child Abuse Hotline report. (e) The Department of Human Services shall work with families related to an accepted child maltreatment report to remedy the conditions or issues that resulted in the child maltreatment report.

(i) Closure of an investigation if there is no evidence to support the report of child maltreatment other than the report made to the Child Abuse Hotline;

(ii) Closure of an investigation if there is insufficient detail to investigate the report of child maltreatment;

(iii) Closure of an investigation if: (a) There has not been an additional report of abuse or neglect that has been committed by the alleged offender who is the subject of the current report; (b) The investigator reviews the prior history of child maltreatment related to the family of the child and to the alleged offender and determines that the health and safety of the child can be assured without further investigation by the Department of Human Services or the Division of Arkansas State Police; and (c) The investigator determines that abuse or neglect of the child did not occur; and

(a) There has not been an additional report of abuse or neglect that has been committed by the alleged offender who is the subject of the current report;

(b) The investigator reviews the prior history of child maltreatment related to the family of the child and to the alleged offender and determines that the health and safety of the child can be assured without further investigation by the Department of Human Services or the Division of Arkansas State Police; and

(c) The investigator determines that abuse or neglect of the child did not occur; and

(iv) Approval of the: (a) Director of the Division of Children and Family Services of the Department of Human Services or his or her designee for the administrative closure of an investigation that is conducted by the Department of Human Services; or (b) Director of the Division of Arkansas State Police or his or her designee for the administrative closure of an investigation conducted by the Division of Arkansas State Police. (c) (1) The Department of Human Services and the Division of Arkansas State Police may develop and implement triage procedures for accepting, documenting, and assigning reports of child maltreatment. (2) The Department of Human Services and the Division of Arkansas State Police shall not implement this section until rules necessary to carry out this subsection have been promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) (1) With regard to the procedures established in accordance with subsections (a) and (b) of this section, the Department of Human Services shall assess the safety of a child upon the receipt of an accepted child maltreatment report. (2) The assessment under subdivision (d)(1) of this section shall include each underlying issue or additional child maltreatment concern that may not have been identified in the original Child Abuse Hotline report. (e) The Department of Human Services shall work with families related to an accepted child maltreatment report to remedy the conditions or issues that resulted in the child maltreatment report.

(a) Director of the Division of Children and Family Services of the Department of Human Services or his or her designee for the administrative closure of an investigation that is conducted by the Department of Human Services; or

(b) Director of the Division of Arkansas State Police or his or her designee for the administrative closure of an investigation conducted by the Division of Arkansas State Police.

(c) (1) The Department of Human Services and the Division of Arkansas State Police may develop and implement triage procedures for accepting, documenting, and assigning reports of child maltreatment. (2) The Department of Human Services and the Division of Arkansas State Police shall not implement this section until rules necessary to carry out this subsection have been promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The Department of Human Services and the Division of Arkansas State Police may develop and implement triage procedures for accepting, documenting, and assigning reports of child maltreatment.

(2) The Department of Human Services and the Division of Arkansas State Police shall not implement this section until rules necessary to carry out this subsection have been promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) (1) With regard to the procedures established in accordance with subsections (a) and (b) of this section, the Department of Human Services shall assess the safety of a child upon the receipt of an accepted child maltreatment report. (2) The assessment under subdivision (d)(1) of this section shall include each underlying issue or additional child maltreatment concern that may not have been identified in the original Child Abuse Hotline report.

(1) With regard to the procedures established in accordance with subsections (a) and (b) of this section, the Department of Human Services shall assess the safety of a child upon the receipt of an accepted child maltreatment report.

(2) The assessment under subdivision (d)(1) of this section shall include each underlying issue or additional child maltreatment concern that may not have been identified in the original Child Abuse Hotline report.

(e) The Department of Human Services shall work with families related to an accepted child maltreatment report to remedy the conditions or issues that resulted in the child maltreatment report.

Amended by Act 2023, No. 727,§ 9, eff. 8/1/2023.

Amended by Act 2023, No. 364,§ 14, eff. 8/1/2023.

Amended by Act 2023, No. 364,§ 13, eff. 8/1/2023.

Amended by Act 2023, No. 364,§ 12, eff. 8/1/2023.

Amended by Act 2023, No. 364,§ 11, eff. 8/1/2023.

Amended by Act 2019, No. 802,§ 3, eff. 7/24/2019.

Amended by Act 2015, No. 1215,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 1004,§ 10, eff. 7/22/2015.

Acts 2009, No. 749, § 1; 2011, No. 1143, § 10.
Ark. Code Ann. § 12-61-123 — AR Code / Title 12 / Chapter 61 / Subchapter 1 / Section 12-61-123
Bureau of War Records
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, establish a Bureau of War Records. (b) The bureau shall function in close connection with the Arkansas State Archives and shall gather items of military history of the Arkansas Militia for exhibition. (c) The Adjutant General may adopt such reasonable and necessary rules as may be necessary to accomplish this purpose. Amended by Act 2019, No. 315,§ 926, eff. 7/24/2019. Amended by Act 2016EX3, No. 3,§ 96, eff. 7/1/2016. Amended by Act 2016EX3, No. 2,§ 96, eff. 7/1/2016. Acts 1969, No. 50, § 11; A.S.A. 1947, § 11-111.

(a) The Adjutant General may, at his or her discretion and with such funds as may be appropriated by the General Assembly, establish a Bureau of War Records.

(b) The bureau shall function in close connection with the Arkansas State Archives and shall gather items of military history of the Arkansas Militia for exhibition.

(c) The Adjutant General may adopt such reasonable and necessary rules as may be necessary to accomplish this purpose.

Amended by Act 2019, No. 315,§ 926, eff. 7/24/2019.

Amended by Act 2016EX3, No. 3,§ 96, eff. 7/1/2016.

Amended by Act 2016EX3, No. 2,§ 96, eff. 7/1/2016.

Acts 1969, No. 50, § 11; A.S.A. 1947, § 11-111.
Ark. Code Ann. § 12-29-311 — AR Code / Title 12 / Chapter 29 / Subchapter 3 / Section 12-29-311
Dyslexia screening - Science of reading - Intervention services
Status: in_force

The Superintendent of the Arkansas Correctional School District shall: (1) Promulgate rules that require that: (A) Teachers within the Arkansas Correctional School District have and demonstrate awareness of the best practices of scientific reading instruction as required under the Right to Read Act, § 6-17-429 ; (B) Each inmate who does not have a high school diploma or its equivalent receive: (i) A reading proficiency-level assessment; and (ii) (a) Dyslexia screening administered with fidelity, as defined under § 6-41-602 . (b) If the district provides dyslexia intervention to an inmate who demonstrates under subdivision (1)(B)(ii) (a) of this section that the inmate is reading below the proficiency level required to be a high-functioning reader, the dyslexia intervention the district provides shall be evidence-based and consistent with science-based research specifically tailored to addressing dyslexia; and (C) A process be established by which new-intake inmates are: (i) Assessed and administered a dyslexia screening with fidelity, as defined under § 6-41-602 ; and (ii) Provided dyslexia intervention with fidelity, as defined under § 6-41-602 , that is evidence-based and consistent with science-based research specifically tailored to addressing dyslexia; and (2) Submit a plan to the Division of Correction that allows inmates to voluntarily receive: (A) A reading proficiency-level assessment; (B) Dyslexia screening administered with fidelity, as defined under § 6-41-602 ; and (C) Reading instruction that is consistent with the science of reading, as provided under the Right to Read Act, § 6-17-429 . Amended by Act 2019, No. 1088,§ 2, eff. 7/24/2019.

The Superintendent of the Arkansas Correctional School District shall:

(1) Promulgate rules that require that: (A) Teachers within the Arkansas Correctional School District have and demonstrate awareness of the best practices of scientific reading instruction as required under the Right to Read Act, § 6-17-429 ; (B) Each inmate who does not have a high school diploma or its equivalent receive: (i) A reading proficiency-level assessment; and (ii) (a) Dyslexia screening administered with fidelity, as defined under § 6-41-602 . (b) If the district provides dyslexia intervention to an inmate who demonstrates under subdivision (1)(B)(ii) (a) of this section that the inmate is reading below the proficiency level required to be a high-functioning reader, the dyslexia intervention the district provides shall be evidence-based and consistent with science-based research specifically tailored to addressing dyslexia; and (C) A process be established by which new-intake inmates are: (i) Assessed and administered a dyslexia screening with fidelity, as defined under § 6-41-602 ; and (ii) Provided dyslexia intervention with fidelity, as defined under § 6-41-602 , that is evidence-based and consistent with science-based research specifically tailored to addressing dyslexia; and

(A) Teachers within the Arkansas Correctional School District have and demonstrate awareness of the best practices of scientific reading instruction as required under the Right to Read Act, § 6-17-429 ;

(B) Each inmate who does not have a high school diploma or its equivalent receive: (i) A reading proficiency-level assessment; and (ii) (a) Dyslexia screening administered with fidelity, as defined under § 6-41-602 . (b) If the district provides dyslexia intervention to an inmate who demonstrates under subdivision (1)(B)(ii) (a) of this section that the inmate is reading below the proficiency level required to be a high-functioning reader, the dyslexia intervention the district provides shall be evidence-based and consistent with science-based research specifically tailored to addressing dyslexia; and

(i) A reading proficiency-level assessment; and

(ii) (a) Dyslexia screening administered with fidelity, as defined under § 6-41-602 . (b) If the district provides dyslexia intervention to an inmate who demonstrates under subdivision (1)(B)(ii) (a) of this section that the inmate is reading below the proficiency level required to be a high-functioning reader, the dyslexia intervention the district provides shall be evidence-based and consistent with science-based research specifically tailored to addressing dyslexia; and

(a) Dyslexia screening administered with fidelity, as defined under § 6-41-602 .

(b) If the district provides dyslexia intervention to an inmate who demonstrates under subdivision (1)(B)(ii) (a) of this section that the inmate is reading below the proficiency level required to be a high-functioning reader, the dyslexia intervention the district provides shall be evidence-based and consistent with science-based research specifically tailored to addressing dyslexia; and

(C) A process be established by which new-intake inmates are: (i) Assessed and administered a dyslexia screening with fidelity, as defined under § 6-41-602 ; and (ii) Provided dyslexia intervention with fidelity, as defined under § 6-41-602 , that is evidence-based and consistent with science-based research specifically tailored to addressing dyslexia; and

(i) Assessed and administered a dyslexia screening with fidelity, as defined under § 6-41-602 ; and

(ii) Provided dyslexia intervention with fidelity, as defined under § 6-41-602 , that is evidence-based and consistent with science-based research specifically tailored to addressing dyslexia; and

(2) Submit a plan to the Division of Correction that allows inmates to voluntarily receive: (A) A reading proficiency-level assessment; (B) Dyslexia screening administered with fidelity, as defined under § 6-41-602 ; and (C) Reading instruction that is consistent with the science of reading, as provided under the Right to Read Act, § 6-17-429 .

(A) A reading proficiency-level assessment;

(B) Dyslexia screening administered with fidelity, as defined under § 6-41-602 ; and

(C) Reading instruction that is consistent with the science of reading, as provided under the Right to Read Act, § 6-17-429 .

Amended by Act 2019, No. 1088,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 12-63-402 — AR Code / Title 12 / Chapter 63 / Subchapter 4 / Section 12-63-402
Adjutant General as custodian
Status: in_force

(a) The Adjutant General of the State of Arkansas is the custodian of all military property and military reservations located within the State of Arkansas, and which are owned, leased, licensed, operated, occupied, or maintained by the State of Arkansas for the purpose of training the active or reserve military forces of the United States or any of any state. (b) (1) The Adjutant General is not the custodian of any military property or military reservation which is reserved to the exclusive legislative jurisdiction and sovereignty of the United States or which is reserved to exclusive legislative authority of the United States Secretary of the Army, United States Secretary of the Navy, or United States Secretary of the Air Force, pursuant to the Constitution and laws of the United States. (2) Specifically, the Adjutant General is not the custodian of Little Rock Air Force Base and Pine Bluff Arsenal, except such parts thereof that are owned, leased, licensed, operated, occupied, or maintained pursuant to a deed, lease, license, or agreement for the exclusive control by the Adjutant General and units of the Army National Guard or Air National Guard, in accordance with the respective agreements between the Adjutant General and the United States Secretary of the Army or the United States Secretary of the Air Force. (c) (1) The Adjutant General shall not enter into or accept any contract, deed, license, lease, permit, memorandum of understanding, memorandum of agreement, obligation, gift, or donation of any real property whereby the State of Arkansas shall incur or undertake to incur financial liability for or assume financial liability with, or for, or on behalf of an agency or instrumentality of the United States, for such agency's or instrumentality's past or continuing violation or violations of: (A) The environmental protection laws of the State of Arkansas or of the United States; (B) The laws, regulations, rules, or orders of the Division of Environmental Quality or the United States Environmental Protection Agency; or (C) Any other law, regulation, rule, or order of any agency and instrumentality of the State of Arkansas or of the United States which is charged with the responsibility of enforcing the environmental law. (2) This prohibition shall not be applicable if: (A) The Adjutant General shall be authorized by federal law or regulation to accept such responsibility for remediation of past or continuing violations and the Adjutant General is provided, appropriated, allocated, or apportioned adequate funds from the United States required to remediate such violations; (B) The Attorney General, after conferring with the Director of the Division of Environmental Quality, shall advise the Governor in writing that the potential financial liability of the state for environmental remediation is de minimus, and if the Governor shall so approve and concur in the Attorney General's advice; or (C) The laws of the United States prescribe and fix sole financial liability for such violation or violations upon an agency or instrumentality of the United States to the exclusion of the state. Amended by Act 2019, No. 910,§ 3028, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3027, eff. 7/1/2019. Acts 1951, No. 121, § 2; 1955, No. 381, § 2; A.S.A. 1947, §§ 11-1802, 11-1804; Acts 1997, No. 1201, § 5; 1999, No. 1164, § 120.

(a) The Adjutant General of the State of Arkansas is the custodian of all military property and military reservations located within the State of Arkansas, and which are owned, leased, licensed, operated, occupied, or maintained by the State of Arkansas for the purpose of training the active or reserve military forces of the United States or any of any state.

(b) (1) The Adjutant General is not the custodian of any military property or military reservation which is reserved to the exclusive legislative jurisdiction and sovereignty of the United States or which is reserved to exclusive legislative authority of the United States Secretary of the Army, United States Secretary of the Navy, or United States Secretary of the Air Force, pursuant to the Constitution and laws of the United States. (2) Specifically, the Adjutant General is not the custodian of Little Rock Air Force Base and Pine Bluff Arsenal, except such parts thereof that are owned, leased, licensed, operated, occupied, or maintained pursuant to a deed, lease, license, or agreement for the exclusive control by the Adjutant General and units of the Army National Guard or Air National Guard, in accordance with the respective agreements between the Adjutant General and the United States Secretary of the Army or the United States Secretary of the Air Force.

(1) The Adjutant General is not the custodian of any military property or military reservation which is reserved to the exclusive legislative jurisdiction and sovereignty of the United States or which is reserved to exclusive legislative authority of the United States Secretary of the Army, United States Secretary of the Navy, or United States Secretary of the Air Force, pursuant to the Constitution and laws of the United States.

(2) Specifically, the Adjutant General is not the custodian of Little Rock Air Force Base and Pine Bluff Arsenal, except such parts thereof that are owned, leased, licensed, operated, occupied, or maintained pursuant to a deed, lease, license, or agreement for the exclusive control by the Adjutant General and units of the Army National Guard or Air National Guard, in accordance with the respective agreements between the Adjutant General and the United States Secretary of the Army or the United States Secretary of the Air Force.

(c) (1) The Adjutant General shall not enter into or accept any contract, deed, license, lease, permit, memorandum of understanding, memorandum of agreement, obligation, gift, or donation of any real property whereby the State of Arkansas shall incur or undertake to incur financial liability for or assume financial liability with, or for, or on behalf of an agency or instrumentality of the United States, for such agency's or instrumentality's past or continuing violation or violations of: (A) The environmental protection laws of the State of Arkansas or of the United States; (B) The laws, regulations, rules, or orders of the Division of Environmental Quality or the United States Environmental Protection Agency; or (C) Any other law, regulation, rule, or order of any agency and instrumentality of the State of Arkansas or of the United States which is charged with the responsibility of enforcing the environmental law. (2) This prohibition shall not be applicable if: (A) The Adjutant General shall be authorized by federal law or regulation to accept such responsibility for remediation of past or continuing violations and the Adjutant General is provided, appropriated, allocated, or apportioned adequate funds from the United States required to remediate such violations; (B) The Attorney General, after conferring with the Director of the Division of Environmental Quality, shall advise the Governor in writing that the potential financial liability of the state for environmental remediation is de minimus, and if the Governor shall so approve and concur in the Attorney General's advice; or (C) The laws of the United States prescribe and fix sole financial liability for such violation or violations upon an agency or instrumentality of the United States to the exclusion of the state.

(1) The Adjutant General shall not enter into or accept any contract, deed, license, lease, permit, memorandum of understanding, memorandum of agreement, obligation, gift, or donation of any real property whereby the State of Arkansas shall incur or undertake to incur financial liability for or assume financial liability with, or for, or on behalf of an agency or instrumentality of the United States, for such agency's or instrumentality's past or continuing violation or violations of: (A) The environmental protection laws of the State of Arkansas or of the United States; (B) The laws, regulations, rules, or orders of the Division of Environmental Quality or the United States Environmental Protection Agency; or (C) Any other law, regulation, rule, or order of any agency and instrumentality of the State of Arkansas or of the United States which is charged with the responsibility of enforcing the environmental law.

(A) The environmental protection laws of the State of Arkansas or of the United States;

(B) The laws, regulations, rules, or orders of the Division of Environmental Quality or the United States Environmental Protection Agency; or

(C) Any other law, regulation, rule, or order of any agency and instrumentality of the State of Arkansas or of the United States which is charged with the responsibility of enforcing the environmental law.

(2) This prohibition shall not be applicable if: (A) The Adjutant General shall be authorized by federal law or regulation to accept such responsibility for remediation of past or continuing violations and the Adjutant General is provided, appropriated, allocated, or apportioned adequate funds from the United States required to remediate such violations; (B) The Attorney General, after conferring with the Director of the Division of Environmental Quality, shall advise the Governor in writing that the potential financial liability of the state for environmental remediation is de minimus, and if the Governor shall so approve and concur in the Attorney General's advice; or (C) The laws of the United States prescribe and fix sole financial liability for such violation or violations upon an agency or instrumentality of the United States to the exclusion of the state.

(A) The Adjutant General shall be authorized by federal law or regulation to accept such responsibility for remediation of past or continuing violations and the Adjutant General is provided, appropriated, allocated, or apportioned adequate funds from the United States required to remediate such violations;

(B) The Attorney General, after conferring with the Director of the Division of Environmental Quality, shall advise the Governor in writing that the potential financial liability of the state for environmental remediation is de minimus, and if the Governor shall so approve and concur in the Attorney General's advice; or

(C) The laws of the United States prescribe and fix sole financial liability for such violation or violations upon an agency or instrumentality of the United States to the exclusion of the state.

Amended by Act 2019, No. 910,§ 3028, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3027, eff. 7/1/2019.

Acts 1951, No. 121, § 2; 1955, No. 381, § 2; A.S.A. 1947, §§ 11-1802, 11-1804; Acts 1997, No. 1201, § 5; 1999, No. 1164, § 120.
Ark. Code Ann. § 12-18-101 — AR Code / Title 12 / Chapter 18 / Subchapter 1 / Section 12-18-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Child Maltreatment Act". Acts 2009, No. 749, § 1.

This chapter shall be known and may be cited as the "Child Maltreatment Act".

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-27-113 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-113
Commitments to the Division of Correction - Records
Status: in_force

(a) (1) All commitments to the Division of Correction shall be to the Division of Correction and not to a particular institution. (2) Commitments may provide for judicial or administrative transfer to the Division of Community Correction. (b) (1) The Director of the Division of Correction, in accordance with the rules and procedures promulgated by the Board of Corrections, shall transfer an inmate to the Division of Community Correction, pursuant to a judicial transfer, determine the administrative transfer of an inmate to the Division of Community Correction, or assign a newly committed inmate to an appropriate facility of the Division of Correction. (2) The director may transfer an inmate from one (1) facility to another consistent with the commitment and in accordance with treatment, training, and security needs. (3) Inmates may be transferred between the Division of Correction and the Division of Community Correction within the constraints of law applicable to judicial or administrative transfer, subject to the policies and rules established by the Board of Corrections and conditions set by the Post-Prison Transfer Board. (4) The Division of Correction shall retain legal custody of all inmates transferred to community correction unless altered by court order. (c) (1) When a prisoner is committed to the Division of Correction, his or her commitment papers must include a report on the circumstances attending the offense, particularly such circumstances as tend to aggravate or extenuate the offense, which report shall be kept in the permanent file of such prisoner. (2) The report shall be prepared by the prosecutor or deputy prosecutor who represented the state in the proceeding against the prisoner. The report shall be approved by the sentencing judge. (d) (1) A county sheriff, a deputy county sheriff, or a trained security contractor shall transport all inmates committed to the Division of Correction or the Division of Community Correction as described in this subsection, and the county sheriff is entitled to the fees provided by law. (2) A county sheriff shall notify the director of the number of inmates in his or her charge who are under commitment to the Division of Correction, and upon request to the county sheriff by the director, the county sheriff, the deputy county sheriff, or the trained security contractor shall send for, take charge of, and safely transport the inmates to the nearest appropriate facility as determined by the Division of Correction or the Division of Community Correction. (3) However, if the county sheriff determines that it would be in the best interest of an inmate and the public to immediately transport the inmate to the Division of Correction or the Division of Community Correction because of overcrowding or another issue, the county sheriff may notify the Division of Correction or the Division of Community Correction of the need for immediate transport and the Division of Correction or the Division of Community Correction shall consider the request in scheduling inmates for intake. (e) (1) The director shall make and preserve a full and complete record of every inmate committed to the Division of Correction, along with a photograph of the inmate and data pertaining to his or her trial conviction and past history. (2) (A) To protect the integrity of records described in subdivision (e)(1) of this section and to ensure their proper use, it is unlawful to permit inspection of or disclose information contained in records described in subdivision (e)(1) of this section or to copy or issue a copy of all or part of a record described in subdivision (e)(1) of this section except: (i) As authorized by rule; (ii) By order of a court of competent jurisdiction; or (iii) Records posted on the Division of Correction's website as required by § 12-27-145 . (B) A rule under subdivision (e)(2)(A) of this section shall provide for adequate standards of security and confidentiality of records described in subdivision (e)(1) of this section. (3) For those inmates committed to the Division of Correction and judicially or administratively transferred to the Division of Community Correction, the preparation of a record described in subdivision (e)(1) of this section may be delegated to the Division of Community Correction pursuant to policies applicable to records transmission adopted by the Board of Corrections. (4) A rule under subdivision (e)(2)(A) of this section may authorize the disclosure of information contained in a record described in subdivision (e)(1) of this section for research purposes. (5) (A) (i) Upon written request, an employee of the Bureau of Legislative Research acting on behalf of a member of the General Assembly may view all records described in subdivision (e)(1) of this section of a current or former inmate. (ii) A request under subdivision (e)(5)(A)(i) of this section shall be made in good faith. (B) A view of records under this subdivision (e)(5) by an employee may be performed only if the employee is assigned to one (1) or more of the following committees: (i) Senate Committee on Judiciary; (ii) House Committee on Judiciary; or (iii) Charitable, Penal, and Correctional Institutions Subcommittee of the Legislative Council. (C) The Division of Correction shall ensure that the employee authorized under subdivision (e)(5)(B) of this section to view records is provided access to the records. (D) A record requested to be viewed under this subdivision (e)(5) is privileged and confidential and shall not be shown to any person not authorized to have access to the record under this section and shall not be used for any political purpose, including without limitation political advertising, fundraising, or campaigning. Amended by Act 2023, No. 659,§ 81, eff. 1/1/2024. Amended by Act 2021, No. 55,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 55,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 885, eff. 7/24/2019. Amended by Act 2015, No. 1171,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1265,§ 5, eff. 4/8/2015. Amended by Act 2015, No. 895,§ 7, eff. 4/1/2015. Acts 1933, No. 30, § 13; Pope's Dig., § 12658; Acts 1968 (1st Ex. Sess.), No. 50, §§ 6, 19, 38; A.S.A. 1947, §§ 46-106 -- 46-106.2, 46-135; Acts 1989, No. 897, § 1; 1993, No. 549, § 6; 2001, No. 615, § 1.

(a) (1) All commitments to the Division of Correction shall be to the Division of Correction and not to a particular institution. (2) Commitments may provide for judicial or administrative transfer to the Division of Community Correction.

(1) All commitments to the Division of Correction shall be to the Division of Correction and not to a particular institution.

(2) Commitments may provide for judicial or administrative transfer to the Division of Community Correction.

(b) (1) The Director of the Division of Correction, in accordance with the rules and procedures promulgated by the Board of Corrections, shall transfer an inmate to the Division of Community Correction, pursuant to a judicial transfer, determine the administrative transfer of an inmate to the Division of Community Correction, or assign a newly committed inmate to an appropriate facility of the Division of Correction. (2) The director may transfer an inmate from one (1) facility to another consistent with the commitment and in accordance with treatment, training, and security needs. (3) Inmates may be transferred between the Division of Correction and the Division of Community Correction within the constraints of law applicable to judicial or administrative transfer, subject to the policies and rules established by the Board of Corrections and conditions set by the Post-Prison Transfer Board. (4) The Division of Correction shall retain legal custody of all inmates transferred to community correction unless altered by court order.

(1) The Director of the Division of Correction, in accordance with the rules and procedures promulgated by the Board of Corrections, shall transfer an inmate to the Division of Community Correction, pursuant to a judicial transfer, determine the administrative transfer of an inmate to the Division of Community Correction, or assign a newly committed inmate to an appropriate facility of the Division of Correction.

(2) The director may transfer an inmate from one (1) facility to another consistent with the commitment and in accordance with treatment, training, and security needs.

(3) Inmates may be transferred between the Division of Correction and the Division of Community Correction within the constraints of law applicable to judicial or administrative transfer, subject to the policies and rules established by the Board of Corrections and conditions set by the Post-Prison Transfer Board.

(4) The Division of Correction shall retain legal custody of all inmates transferred to community correction unless altered by court order.

(c) (1) When a prisoner is committed to the Division of Correction, his or her commitment papers must include a report on the circumstances attending the offense, particularly such circumstances as tend to aggravate or extenuate the offense, which report shall be kept in the permanent file of such prisoner. (2) The report shall be prepared by the prosecutor or deputy prosecutor who represented the state in the proceeding against the prisoner. The report shall be approved by the sentencing judge.

(1) When a prisoner is committed to the Division of Correction, his or her commitment papers must include a report on the circumstances attending the offense, particularly such circumstances as tend to aggravate or extenuate the offense, which report shall be kept in the permanent file of such prisoner.

(2) The report shall be prepared by the prosecutor or deputy prosecutor who represented the state in the proceeding against the prisoner. The report shall be approved by the sentencing judge.

(d) (1) A county sheriff, a deputy county sheriff, or a trained security contractor shall transport all inmates committed to the Division of Correction or the Division of Community Correction as described in this subsection, and the county sheriff is entitled to the fees provided by law. (2) A county sheriff shall notify the director of the number of inmates in his or her charge who are under commitment to the Division of Correction, and upon request to the county sheriff by the director, the county sheriff, the deputy county sheriff, or the trained security contractor shall send for, take charge of, and safely transport the inmates to the nearest appropriate facility as determined by the Division of Correction or the Division of Community Correction. (3) However, if the county sheriff determines that it would be in the best interest of an inmate and the public to immediately transport the inmate to the Division of Correction or the Division of Community Correction because of overcrowding or another issue, the county sheriff may notify the Division of Correction or the Division of Community Correction of the need for immediate transport and the Division of Correction or the Division of Community Correction shall consider the request in scheduling inmates for intake.

(1) A county sheriff, a deputy county sheriff, or a trained security contractor shall transport all inmates committed to the Division of Correction or the Division of Community Correction as described in this subsection, and the county sheriff is entitled to the fees provided by law.

(2) A county sheriff shall notify the director of the number of inmates in his or her charge who are under commitment to the Division of Correction, and upon request to the county sheriff by the director, the county sheriff, the deputy county sheriff, or the trained security contractor shall send for, take charge of, and safely transport the inmates to the nearest appropriate facility as determined by the Division of Correction or the Division of Community Correction.

(3) However, if the county sheriff determines that it would be in the best interest of an inmate and the public to immediately transport the inmate to the Division of Correction or the Division of Community Correction because of overcrowding or another issue, the county sheriff may notify the Division of Correction or the Division of Community Correction of the need for immediate transport and the Division of Correction or the Division of Community Correction shall consider the request in scheduling inmates for intake.

(e) (1) The director shall make and preserve a full and complete record of every inmate committed to the Division of Correction, along with a photograph of the inmate and data pertaining to his or her trial conviction and past history. (2) (A) To protect the integrity of records described in subdivision (e)(1) of this section and to ensure their proper use, it is unlawful to permit inspection of or disclose information contained in records described in subdivision (e)(1) of this section or to copy or issue a copy of all or part of a record described in subdivision (e)(1) of this section except: (i) As authorized by rule; (ii) By order of a court of competent jurisdiction; or (iii) Records posted on the Division of Correction's website as required by § 12-27-145 . (B) A rule under subdivision (e)(2)(A) of this section shall provide for adequate standards of security and confidentiality of records described in subdivision (e)(1) of this section. (3) For those inmates committed to the Division of Correction and judicially or administratively transferred to the Division of Community Correction, the preparation of a record described in subdivision (e)(1) of this section may be delegated to the Division of Community Correction pursuant to policies applicable to records transmission adopted by the Board of Corrections. (4) A rule under subdivision (e)(2)(A) of this section may authorize the disclosure of information contained in a record described in subdivision (e)(1) of this section for research purposes. (5) (A) (i) Upon written request, an employee of the Bureau of Legislative Research acting on behalf of a member of the General Assembly may view all records described in subdivision (e)(1) of this section of a current or former inmate. (ii) A request under subdivision (e)(5)(A)(i) of this section shall be made in good faith. (B) A view of records under this subdivision (e)(5) by an employee may be performed only if the employee is assigned to one (1) or more of the following committees: (i) Senate Committee on Judiciary; (ii) House Committee on Judiciary; or (iii) Charitable, Penal, and Correctional Institutions Subcommittee of the Legislative Council. (C) The Division of Correction shall ensure that the employee authorized under subdivision (e)(5)(B) of this section to view records is provided access to the records. (D) A record requested to be viewed under this subdivision (e)(5) is privileged and confidential and shall not be shown to any person not authorized to have access to the record under this section and shall not be used for any political purpose, including without limitation political advertising, fundraising, or campaigning.

(1) The director shall make and preserve a full and complete record of every inmate committed to the Division of Correction, along with a photograph of the inmate and data pertaining to his or her trial conviction and past history.

(2) (A) To protect the integrity of records described in subdivision (e)(1) of this section and to ensure their proper use, it is unlawful to permit inspection of or disclose information contained in records described in subdivision (e)(1) of this section or to copy or issue a copy of all or part of a record described in subdivision (e)(1) of this section except: (i) As authorized by rule; (ii) By order of a court of competent jurisdiction; or (iii) Records posted on the Division of Correction's website as required by § 12-27-145 . (B) A rule under subdivision (e)(2)(A) of this section shall provide for adequate standards of security and confidentiality of records described in subdivision (e)(1) of this section.

(A) To protect the integrity of records described in subdivision (e)(1) of this section and to ensure their proper use, it is unlawful to permit inspection of or disclose information contained in records described in subdivision (e)(1) of this section or to copy or issue a copy of all or part of a record described in subdivision (e)(1) of this section except: (i) As authorized by rule; (ii) By order of a court of competent jurisdiction; or (iii) Records posted on the Division of Correction's website as required by § 12-27-145 .

(i) As authorized by rule;

(ii) By order of a court of competent jurisdiction; or

(iii) Records posted on the Division of Correction's website as required by § 12-27-145 .

(B) A rule under subdivision (e)(2)(A) of this section shall provide for adequate standards of security and confidentiality of records described in subdivision (e)(1) of this section.

(3) For those inmates committed to the Division of Correction and judicially or administratively transferred to the Division of Community Correction, the preparation of a record described in subdivision (e)(1) of this section may be delegated to the Division of Community Correction pursuant to policies applicable to records transmission adopted by the Board of Corrections.

(4) A rule under subdivision (e)(2)(A) of this section may authorize the disclosure of information contained in a record described in subdivision (e)(1) of this section for research purposes.

(5) (A) (i) Upon written request, an employee of the Bureau of Legislative Research acting on behalf of a member of the General Assembly may view all records described in subdivision (e)(1) of this section of a current or former inmate. (ii) A request under subdivision (e)(5)(A)(i) of this section shall be made in good faith. (B) A view of records under this subdivision (e)(5) by an employee may be performed only if the employee is assigned to one (1) or more of the following committees: (i) Senate Committee on Judiciary; (ii) House Committee on Judiciary; or (iii) Charitable, Penal, and Correctional Institutions Subcommittee of the Legislative Council. (C) The Division of Correction shall ensure that the employee authorized under subdivision (e)(5)(B) of this section to view records is provided access to the records. (D) A record requested to be viewed under this subdivision (e)(5) is privileged and confidential and shall not be shown to any person not authorized to have access to the record under this section and shall not be used for any political purpose, including without limitation political advertising, fundraising, or campaigning.

(A) (i) Upon written request, an employee of the Bureau of Legislative Research acting on behalf of a member of the General Assembly may view all records described in subdivision (e)(1) of this section of a current or former inmate. (ii) A request under subdivision (e)(5)(A)(i) of this section shall be made in good faith.

(i) Upon written request, an employee of the Bureau of Legislative Research acting on behalf of a member of the General Assembly may view all records described in subdivision (e)(1) of this section of a current or former inmate.

(ii) A request under subdivision (e)(5)(A)(i) of this section shall be made in good faith.

(B) A view of records under this subdivision (e)(5) by an employee may be performed only if the employee is assigned to one (1) or more of the following committees: (i) Senate Committee on Judiciary; (ii) House Committee on Judiciary; or (iii) Charitable, Penal, and Correctional Institutions Subcommittee of the Legislative Council.

(i) Senate Committee on Judiciary;

(ii) House Committee on Judiciary; or

(iii) Charitable, Penal, and Correctional Institutions Subcommittee of the Legislative Council.

(C) The Division of Correction shall ensure that the employee authorized under subdivision (e)(5)(B) of this section to view records is provided access to the records.

(D) A record requested to be viewed under this subdivision (e)(5) is privileged and confidential and shall not be shown to any person not authorized to have access to the record under this section and shall not be used for any political purpose, including without limitation political advertising, fundraising, or campaigning.

Amended by Act 2023, No. 659,§ 81, eff. 1/1/2024.

Amended by Act 2021, No. 55,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 55,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 885, eff. 7/24/2019.

Amended by Act 2015, No. 1171,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1265,§ 5, eff. 4/8/2015.

Amended by Act 2015, No. 895,§ 7, eff. 4/1/2015.

Acts 1933, No. 30, § 13; Pope's Dig., § 12658; Acts 1968 (1st Ex. Sess.), No. 50, §§ 6, 19, 38; A.S.A. 1947, §§ 46-106 -- 46-106.2, 46-135; Acts 1989, No. 897, § 1; 1993, No. 549, § 6; 2001, No. 615, § 1.
Ark. Code Ann. § 12-62-404 — AR Code / Title 12 / Chapter 62 / Subchapter 4 / Section 12-62-404
Civil or criminal liability for acts in scope of duty
Status: in_force

(a) Members of the militia ordered into the active service of the state by any proper authority shall not be civilly or criminally liable for any act or acts done by them in the performance of their duty. (b) (1) When an action or proceeding of any nature shall be commenced in any court by any person against any member of the militia for any act done by such officer in his or her official capacity in the discharge of any duty under this code or an alleged omission by him or her to do an act which it was his or her duty to perform or against any person acting under the authority or order of any such officer or by virtue of any warrant issued by him or her pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter in evidence. (2) A defendant, in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding, shall recover treble costs. (c) (1) If any member of such forces is prosecuted by criminal action for any act performed or committed by such member while in the performance of military duty, all the expense of the defense of such action, including attorney's fees, witnesses' fees for the defense, defendant's court costs, and all costs for transcripts of records and abstracts thereof on appeal by the defense shall be paid by the state if: (A) The Attorney General of the state shall be first consulted and approve the selection of the attorney for the defense; (B) The Attorney General may, if he or she sees fit, assume the responsibility for the defense of such member and conduct the defense personally or by any one or more of his or her assistants. (2) The expense of the defense, when not assumed by the Attorney General, shall be paid by the Adjutant General from funds appropriated to him or her upon vouchers and bills approved by the Attorney General. Acts 1969, No. 50, § 197; A.S.A. 1947, § 11-1008.

(a) Members of the militia ordered into the active service of the state by any proper authority shall not be civilly or criminally liable for any act or acts done by them in the performance of their duty.

(b) (1) When an action or proceeding of any nature shall be commenced in any court by any person against any member of the militia for any act done by such officer in his or her official capacity in the discharge of any duty under this code or an alleged omission by him or her to do an act which it was his or her duty to perform or against any person acting under the authority or order of any such officer or by virtue of any warrant issued by him or her pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter in evidence. (2) A defendant, in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding, shall recover treble costs.

(1) When an action or proceeding of any nature shall be commenced in any court by any person against any member of the militia for any act done by such officer in his or her official capacity in the discharge of any duty under this code or an alleged omission by him or her to do an act which it was his or her duty to perform or against any person acting under the authority or order of any such officer or by virtue of any warrant issued by him or her pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter in evidence.

(2) A defendant, in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding, shall recover treble costs.

(c) (1) If any member of such forces is prosecuted by criminal action for any act performed or committed by such member while in the performance of military duty, all the expense of the defense of such action, including attorney's fees, witnesses' fees for the defense, defendant's court costs, and all costs for transcripts of records and abstracts thereof on appeal by the defense shall be paid by the state if: (A) The Attorney General of the state shall be first consulted and approve the selection of the attorney for the defense; (B) The Attorney General may, if he or she sees fit, assume the responsibility for the defense of such member and conduct the defense personally or by any one or more of his or her assistants. (2) The expense of the defense, when not assumed by the Attorney General, shall be paid by the Adjutant General from funds appropriated to him or her upon vouchers and bills approved by the Attorney General.

(1) If any member of such forces is prosecuted by criminal action for any act performed or committed by such member while in the performance of military duty, all the expense of the defense of such action, including attorney's fees, witnesses' fees for the defense, defendant's court costs, and all costs for transcripts of records and abstracts thereof on appeal by the defense shall be paid by the state if: (A) The Attorney General of the state shall be first consulted and approve the selection of the attorney for the defense; (B) The Attorney General may, if he or she sees fit, assume the responsibility for the defense of such member and conduct the defense personally or by any one or more of his or her assistants.

(A) The Attorney General of the state shall be first consulted and approve the selection of the attorney for the defense;

(B) The Attorney General may, if he or she sees fit, assume the responsibility for the defense of such member and conduct the defense personally or by any one or more of his or her assistants.

(2) The expense of the defense, when not assumed by the Attorney General, shall be paid by the Adjutant General from funds appropriated to him or her upon vouchers and bills approved by the Attorney General.

Acts 1969, No. 50, § 197; A.S.A. 1947, § 11-1008.
Ark. Code Ann. § 12-12-217 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-217
Annual report
Status: in_force

(a) On July 31 of each year the Arkansas Crime Information Center shall submit an annual report to the Legislative Council showing the number of persons arrested for each criminal offense classification, comparing the state and each individual reporting agency. (b) The report shall include a breakdown by race of all persons arrested in each criminal offense classification. Acts 2003, No. 1031, § 2; 2011, No. 779, § 9.

(a) On July 31 of each year the Arkansas Crime Information Center shall submit an annual report to the Legislative Council showing the number of persons arrested for each criminal offense classification, comparing the state and each individual reporting agency.

(b) The report shall include a breakdown by race of all persons arrested in each criminal offense classification.

Acts 2003, No. 1031, § 2; 2011, No. 779, § 9.
Ark. Code Ann. § 12-12-917 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-917
Evaluation protocol - Sexually dangerous persons - Juveniles adjudicated delinquent - Examiners
Status: in_force

(a) (1) The Sex Offender Assessment Committee shall develop an evaluation protocol for preparing reports to assist courts in making determinations whether or not a person adjudicated guilty of a sex offense should be considered a sexually dangerous person for purposes of this subchapter. (2) The committee shall also establish qualifications for examiners and qualify examiners to prepare reports in accordance with the evaluation protocol. (b) (1) The committee shall cause an assessment to be conducted on a case-by-case basis of the public risk posed by a sex offender or sexually dangerous person: (A) Who is required to register under § 12-12-905 after August 1, 1997; and (B) For whom the Arkansas Crime Information Center has no record of an assessment's being done and a risk level established subsequent to August 1, 1997. (2) (A) (i) An adult offender convicted of an offense described in 42 U.S.C. § 14071 et seq., as it existed on March 1, 2003, Pub. L. No. 109-248, as it existed on January 1, 2007, or § 12-12-903(13) shall be assessed. (ii) (a) Subject to subdivision (c)(1) of this section, the prosecuting attorney and any law enforcement agency shall furnish the file relating to the offender to Community Notification Assessment at the Division of Correction within thirty (30) days of an offender's adjudication of guilt. (b) (1) The prosecuting attorney shall make a copy of any relevant records concerning the offender and shall forward the copied relevant records to Community Notification Assessment within thirty (30) days of the adjudication. (2) The relevant records include, but are not limited to: (A) Arrest reports; (B) Incident reports; (C) Offender statements; (D) Sentencing orders; (E) Medical records; (F) Witness statements; and (G) Any record considered relevant by the prosecuting attorney. (B) A sex offender sentenced to life, life without parole, or death shall be assessed only if the sex offender is being considered for release. (3) A sex offender currently in the state who has not been assessed and classified shall be identified by the center. (4) (A) If a sex offender fails to appear for assessment, is aggressive, threatening, or disruptive to the point that Community Notification Assessment staff cannot proceed with the assessment process, or voluntarily terminates the assessment process after having been advised of the potential consequences: (i) The sex offender shall be classified as a risk Level 3 or referred to the committee as a risk Level 4; and (ii) The community supervision officer, if applicable, shall be notified. (B) A sex offender has immunity for a statement made by him or her in the course of assessment with respect to prior conduct under the immunity provisions of § 16-43-601 et seq. (C) Assessment personnel shall report ongoing child maltreatment as required under the Child Maltreatment Act, § 12-18-101 et seq. (c) (1) To the extent permissible and under the procedures established by state rules and federal regulations, public agencies shall provide the committee access to all relevant records and information in the possession of public agencies or any private entity contracting with a public agency relating to the sex offender or sexually dangerous person under review. (2) The records and information include, but are not limited to: (A) Police reports; (B) Statements of probable cause; (C) Presentence investigations and reports; (D) Complete judgments and sentences; (E) Current classification referrals; (F) Criminal history summaries; (G) Violation and disciplinary reports; (H) All psychological evaluations and psychiatric hospital reports; (I) Sex offender or sexually dangerous person treatment program reports; (J) Juvenile court records; (K) Victim impact statements; (L) Investigation reports to the Child Abuse Hotline, the Division of Children and Family Services of the Department of Human Services, and any entity contracting with the Department of Human Services for investigation or treatment of sexual or physical abuse or domestic violence; and (M) Statements of medical providers treating victims of sex offenses indicating the extent of injury to the victim. (d) (1) Records and information obtained under this section shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., unless otherwise authorized by law. (2) (A) (i) The sex offender or sexually dangerous person shall have access to records and information generated and maintained by the committee. (ii) These records shall include any reports of the assessment and the tape of the interview but do not include restricted source documents of commercial psychological tests or working notes of staff. (B) (i) Unless otherwise ordered by a court of competent jurisdiction, records and information generated by other agencies and obtained under this section shall not be available to the sex offender or sexually dangerous person except through the agency or individual having primary custody of the records. (ii) Upon request, the sex offender shall be given a list of the records or information obtained. (C) If the record or information generated contains the address of a victim or a person who has made a statement adverse to the sex offender or sexually dangerous person, the address shall be redacted and the sex offender or sexually dangerous person shall have access to records and information other than the identity and address. (e) In classifying the sex offender into a risk level for the purposes of public notification under § 12-12-913 , the committee, through its staff, shall review each sex offender or sexually dangerous person under its authority: (1) Prior to the sex offender's release for confinement in a correctional facility; (2) Prior to the release of a person who has been committed following an acquittal on the grounds of mental disease or defect; (3) At the start of a sex offender's suspended imposition of sentence; or (4) At the start of a sex offender's probation period. (f) (1) (A) The committee shall issue the offender fact sheet to the local law enforcement agency having jurisdiction. (B) The offender fact sheet is provided to assist the local law enforcement agency having jurisdiction in its task of community notification. (2) The committee shall provide the Post-Prison Transfer Board with copies of the offender fact sheet on inmates of the Division of Correction. (3) The committee shall provide the Division of Community Correction with copies of the offender fact sheet on any sex offender under the Division of Community Correction's supervision. (4) (A) (i) The offender fact sheet shall be prepared on a standard form for ease of transmission and communication. (ii) The offender fact sheet shall be on an internet-based application accessible to law enforcement, state boards, and licensing agencies. (iii) The offender fact sheet of a sexually dangerous person or a sex offender found by the center to be in violation of the registration requirement shall be made available to the general public unless the release of the offender fact sheet, in the opinion of the committee based on a risk assessment, places an innocent individual at risk. (B) The standard form shall include, but not be limited to: (i) Registration information as required in § 12-12-908 ; (ii) Risk level; (iii) Date of deoxyribonucleic acid (DNA) sample; (iv) Psychological factors likely to affect sexual control; (v) Victim age and gender preference; (vi) Treatment history and recommendations; and (vii) Other relevant information deemed necessary by the committee or by professional staff performing sex offender assessments. (5) (A) The committee shall ensure that the notice is complete in its entirety. (B) A law enforcement officer shall notify the center if a sex offender has moved or is otherwise in violation of a registration requirement. (6) (A) All material used in the assessment shall be kept on file in its original form for one (1) year. (B) After one (1) year the file may be stored electronically. (g) (1) In cooperation with the committee, the Division of Correction shall promulgate rules to establish the review process for assessment determinations. (2) (A) The sex offender or sexually dangerous person may request an administrative review of the assigned risk level under the conditions stated and following the procedures indicated under § 12-12-922 . (B) The sex offender shall be notified of these rights and procedures in the documentation sent with the notification of risk level. (h) (1) (A) A sex offender or sexually dangerous person may request the committee to reassess the assigned risk level of the sex offender or sexually dangerous person after five (5) years have elapsed since initial risk assessment by the committee and may renew that request one (1) time every five (5) years. (B) In the request for reassessment, the sex offender or sexually dangerous person shall list the facts and circumstances that demonstrate that the sex offender no longer poses the same degree of risk to the community. (2) (A) A local law enforcement agency having jurisdiction, the Division of Community Correction, or the Post-Prison Transfer Board may request the committee to reassess a sex offender's assigned risk level at any time. (B) In the request for reassessment, the local law enforcement agency having jurisdiction, the Division of Community Correction, or the Post-Prison Transfer Board shall list the facts and circumstances that prompted the requested reassessment. (3) The committee shall also take into consideration any subsequent criminal act by the sex offender or sexually dangerous person during a reassessment. Amended by Act 2023, No. 659,§ 68, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 67, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 66, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 65, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 64, eff. 1/1/2024. Amended by Act 2019, No. 315,§ 866, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 865, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 723, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 722, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 721, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 720, eff. 7/1/2019. Amended by Act 2013, No. 505,§ 15, eff. 8/16/2013. Acts 1997, No. 989, § 17; 1999, No. 1353, §§ 10, 11; 2001, No. 1743, § 12; 2003 (2nd Ex. Sess.), No. 21, § 8; 2005, No. 1962, §§ 36, 37; 2006 (1st Ex. Sess.), No. 4, § 5; 2007, No. 394, § 9; 2009, No. 758, § 25.

(a) (1) The Sex Offender Assessment Committee shall develop an evaluation protocol for preparing reports to assist courts in making determinations whether or not a person adjudicated guilty of a sex offense should be considered a sexually dangerous person for purposes of this subchapter. (2) The committee shall also establish qualifications for examiners and qualify examiners to prepare reports in accordance with the evaluation protocol.

(1) The Sex Offender Assessment Committee shall develop an evaluation protocol for preparing reports to assist courts in making determinations whether or not a person adjudicated guilty of a sex offense should be considered a sexually dangerous person for purposes of this subchapter.

(2) The committee shall also establish qualifications for examiners and qualify examiners to prepare reports in accordance with the evaluation protocol.

(b) (1) The committee shall cause an assessment to be conducted on a case-by-case basis of the public risk posed by a sex offender or sexually dangerous person: (A) Who is required to register under § 12-12-905 after August 1, 1997; and (B) For whom the Arkansas Crime Information Center has no record of an assessment's being done and a risk level established subsequent to August 1, 1997. (2) (A) (i) An adult offender convicted of an offense described in 42 U.S.C. § 14071 et seq., as it existed on March 1, 2003, Pub. L. No. 109-248, as it existed on January 1, 2007, or § 12-12-903(13) shall be assessed. (ii) (a) Subject to subdivision (c)(1) of this section, the prosecuting attorney and any law enforcement agency shall furnish the file relating to the offender to Community Notification Assessment at the Division of Correction within thirty (30) days of an offender's adjudication of guilt. (b) (1) The prosecuting attorney shall make a copy of any relevant records concerning the offender and shall forward the copied relevant records to Community Notification Assessment within thirty (30) days of the adjudication. (2) The relevant records include, but are not limited to: (A) Arrest reports; (B) Incident reports; (C) Offender statements; (D) Sentencing orders; (E) Medical records; (F) Witness statements; and (G) Any record considered relevant by the prosecuting attorney. (B) A sex offender sentenced to life, life without parole, or death shall be assessed only if the sex offender is being considered for release. (3) A sex offender currently in the state who has not been assessed and classified shall be identified by the center. (4) (A) If a sex offender fails to appear for assessment, is aggressive, threatening, or disruptive to the point that Community Notification Assessment staff cannot proceed with the assessment process, or voluntarily terminates the assessment process after having been advised of the potential consequences: (i) The sex offender shall be classified as a risk Level 3 or referred to the committee as a risk Level 4; and (ii) The community supervision officer, if applicable, shall be notified. (B) A sex offender has immunity for a statement made by him or her in the course of assessment with respect to prior conduct under the immunity provisions of § 16-43-601 et seq. (C) Assessment personnel shall report ongoing child maltreatment as required under the Child Maltreatment Act, § 12-18-101 et seq.

(1) The committee shall cause an assessment to be conducted on a case-by-case basis of the public risk posed by a sex offender or sexually dangerous person: (A) Who is required to register under § 12-12-905 after August 1, 1997; and (B) For whom the Arkansas Crime Information Center has no record of an assessment's being done and a risk level established subsequent to August 1, 1997.

(A) Who is required to register under § 12-12-905 after August 1, 1997; and

(B) For whom the Arkansas Crime Information Center has no record of an assessment's being done and a risk level established subsequent to August 1, 1997.

(2) (A) (i) An adult offender convicted of an offense described in 42 U.S.C. § 14071 et seq., as it existed on March 1, 2003, Pub. L. No. 109-248, as it existed on January 1, 2007, or § 12-12-903(13) shall be assessed. (ii) (a) Subject to subdivision (c)(1) of this section, the prosecuting attorney and any law enforcement agency shall furnish the file relating to the offender to Community Notification Assessment at the Division of Correction within thirty (30) days of an offender's adjudication of guilt. (b) (1) The prosecuting attorney shall make a copy of any relevant records concerning the offender and shall forward the copied relevant records to Community Notification Assessment within thirty (30) days of the adjudication. (2) The relevant records include, but are not limited to: (A) Arrest reports; (B) Incident reports; (C) Offender statements; (D) Sentencing orders; (E) Medical records; (F) Witness statements; and (G) Any record considered relevant by the prosecuting attorney. (B) A sex offender sentenced to life, life without parole, or death shall be assessed only if the sex offender is being considered for release.

(A) (i) An adult offender convicted of an offense described in 42 U.S.C. § 14071 et seq., as it existed on March 1, 2003, Pub. L. No. 109-248, as it existed on January 1, 2007, or § 12-12-903(13) shall be assessed. (ii) (a) Subject to subdivision (c)(1) of this section, the prosecuting attorney and any law enforcement agency shall furnish the file relating to the offender to Community Notification Assessment at the Division of Correction within thirty (30) days of an offender's adjudication of guilt. (b) (1) The prosecuting attorney shall make a copy of any relevant records concerning the offender and shall forward the copied relevant records to Community Notification Assessment within thirty (30) days of the adjudication. (2) The relevant records include, but are not limited to: (A) Arrest reports; (B) Incident reports; (C) Offender statements; (D) Sentencing orders; (E) Medical records; (F) Witness statements; and (G) Any record considered relevant by the prosecuting attorney.

(i) An adult offender convicted of an offense described in 42 U.S.C. § 14071 et seq., as it existed on March 1, 2003, Pub. L. No. 109-248, as it existed on January 1, 2007, or § 12-12-903(13) shall be assessed.

(ii) (a) Subject to subdivision (c)(1) of this section, the prosecuting attorney and any law enforcement agency shall furnish the file relating to the offender to Community Notification Assessment at the Division of Correction within thirty (30) days of an offender's adjudication of guilt. (b) (1) The prosecuting attorney shall make a copy of any relevant records concerning the offender and shall forward the copied relevant records to Community Notification Assessment within thirty (30) days of the adjudication. (2) The relevant records include, but are not limited to: (A) Arrest reports; (B) Incident reports; (C) Offender statements; (D) Sentencing orders; (E) Medical records; (F) Witness statements; and (G) Any record considered relevant by the prosecuting attorney.

(a) Subject to subdivision (c)(1) of this section, the prosecuting attorney and any law enforcement agency shall furnish the file relating to the offender to Community Notification Assessment at the Division of Correction within thirty (30) days of an offender's adjudication of guilt.

(b) (1) The prosecuting attorney shall make a copy of any relevant records concerning the offender and shall forward the copied relevant records to Community Notification Assessment within thirty (30) days of the adjudication. (2) The relevant records include, but are not limited to: (A) Arrest reports; (B) Incident reports; (C) Offender statements; (D) Sentencing orders; (E) Medical records; (F) Witness statements; and (G) Any record considered relevant by the prosecuting attorney.

(1) The prosecuting attorney shall make a copy of any relevant records concerning the offender and shall forward the copied relevant records to Community Notification Assessment within thirty (30) days of the adjudication.

(2) The relevant records include, but are not limited to: (A) Arrest reports; (B) Incident reports; (C) Offender statements; (D) Sentencing orders; (E) Medical records; (F) Witness statements; and (G) Any record considered relevant by the prosecuting attorney.

(A) Arrest reports;

(B) Incident reports;

(C) Offender statements;

(D) Sentencing orders;

(E) Medical records;

(F) Witness statements; and

(G) Any record considered relevant by the prosecuting attorney.

(B) A sex offender sentenced to life, life without parole, or death shall be assessed only if the sex offender is being considered for release.

(3) A sex offender currently in the state who has not been assessed and classified shall be identified by the center.

(4) (A) If a sex offender fails to appear for assessment, is aggressive, threatening, or disruptive to the point that Community Notification Assessment staff cannot proceed with the assessment process, or voluntarily terminates the assessment process after having been advised of the potential consequences: (i) The sex offender shall be classified as a risk Level 3 or referred to the committee as a risk Level 4; and (ii) The community supervision officer, if applicable, shall be notified. (B) A sex offender has immunity for a statement made by him or her in the course of assessment with respect to prior conduct under the immunity provisions of § 16-43-601 et seq. (C) Assessment personnel shall report ongoing child maltreatment as required under the Child Maltreatment Act, § 12-18-101 et seq.

(A) If a sex offender fails to appear for assessment, is aggressive, threatening, or disruptive to the point that Community Notification Assessment staff cannot proceed with the assessment process, or voluntarily terminates the assessment process after having been advised of the potential consequences: (i) The sex offender shall be classified as a risk Level 3 or referred to the committee as a risk Level 4; and (ii) The community supervision officer, if applicable, shall be notified.

(i) The sex offender shall be classified as a risk Level 3 or referred to the committee as a risk Level 4; and

(ii) The community supervision officer, if applicable, shall be notified.

(B) A sex offender has immunity for a statement made by him or her in the course of assessment with respect to prior conduct under the immunity provisions of § 16-43-601 et seq.

(C) Assessment personnel shall report ongoing child maltreatment as required under the Child Maltreatment Act, § 12-18-101 et seq.

(c) (1) To the extent permissible and under the procedures established by state rules and federal regulations, public agencies shall provide the committee access to all relevant records and information in the possession of public agencies or any private entity contracting with a public agency relating to the sex offender or sexually dangerous person under review. (2) The records and information include, but are not limited to: (A) Police reports; (B) Statements of probable cause; (C) Presentence investigations and reports; (D) Complete judgments and sentences; (E) Current classification referrals; (F) Criminal history summaries; (G) Violation and disciplinary reports; (H) All psychological evaluations and psychiatric hospital reports; (I) Sex offender or sexually dangerous person treatment program reports; (J) Juvenile court records; (K) Victim impact statements; (L) Investigation reports to the Child Abuse Hotline, the Division of Children and Family Services of the Department of Human Services, and any entity contracting with the Department of Human Services for investigation or treatment of sexual or physical abuse or domestic violence; and (M) Statements of medical providers treating victims of sex offenses indicating the extent of injury to the victim.

(1) To the extent permissible and under the procedures established by state rules and federal regulations, public agencies shall provide the committee access to all relevant records and information in the possession of public agencies or any private entity contracting with a public agency relating to the sex offender or sexually dangerous person under review.

(2) The records and information include, but are not limited to: (A) Police reports; (B) Statements of probable cause; (C) Presentence investigations and reports; (D) Complete judgments and sentences; (E) Current classification referrals; (F) Criminal history summaries; (G) Violation and disciplinary reports; (H) All psychological evaluations and psychiatric hospital reports; (I) Sex offender or sexually dangerous person treatment program reports; (J) Juvenile court records; (K) Victim impact statements; (L) Investigation reports to the Child Abuse Hotline, the Division of Children and Family Services of the Department of Human Services, and any entity contracting with the Department of Human Services for investigation or treatment of sexual or physical abuse or domestic violence; and (M) Statements of medical providers treating victims of sex offenses indicating the extent of injury to the victim.

(A) Police reports;

(B) Statements of probable cause;

(C) Presentence investigations and reports;

(D) Complete judgments and sentences;

(E) Current classification referrals;

(F) Criminal history summaries;

(G) Violation and disciplinary reports;

(H) All psychological evaluations and psychiatric hospital reports;

(I) Sex offender or sexually dangerous person treatment program reports;

(J) Juvenile court records;

(K) Victim impact statements;

(L) Investigation reports to the Child Abuse Hotline, the Division of Children and Family Services of the Department of Human Services, and any entity contracting with the Department of Human Services for investigation or treatment of sexual or physical abuse or domestic violence; and

(M) Statements of medical providers treating victims of sex offenses indicating the extent of injury to the victim.

(d) (1) Records and information obtained under this section shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., unless otherwise authorized by law. (2) (A) (i) The sex offender or sexually dangerous person shall have access to records and information generated and maintained by the committee. (ii) These records shall include any reports of the assessment and the tape of the interview but do not include restricted source documents of commercial psychological tests or working notes of staff. (B) (i) Unless otherwise ordered by a court of competent jurisdiction, records and information generated by other agencies and obtained under this section shall not be available to the sex offender or sexually dangerous person except through the agency or individual having primary custody of the records. (ii) Upon request, the sex offender shall be given a list of the records or information obtained. (C) If the record or information generated contains the address of a victim or a person who has made a statement adverse to the sex offender or sexually dangerous person, the address shall be redacted and the sex offender or sexually dangerous person shall have access to records and information other than the identity and address.

(1) Records and information obtained under this section shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., unless otherwise authorized by law.

(2) (A) (i) The sex offender or sexually dangerous person shall have access to records and information generated and maintained by the committee. (ii) These records shall include any reports of the assessment and the tape of the interview but do not include restricted source documents of commercial psychological tests or working notes of staff. (B) (i) Unless otherwise ordered by a court of competent jurisdiction, records and information generated by other agencies and obtained under this section shall not be available to the sex offender or sexually dangerous person except through the agency or individual having primary custody of the records. (ii) Upon request, the sex offender shall be given a list of the records or information obtained. (C) If the record or information generated contains the address of a victim or a person who has made a statement adverse to the sex offender or sexually dangerous person, the address shall be redacted and the sex offender or sexually dangerous person shall have access to records and information other than the identity and address.

(A) (i) The sex offender or sexually dangerous person shall have access to records and information generated and maintained by the committee. (ii) These records shall include any reports of the assessment and the tape of the interview but do not include restricted source documents of commercial psychological tests or working notes of staff.

(i) The sex offender or sexually dangerous person shall have access to records and information generated and maintained by the committee.

(ii) These records shall include any reports of the assessment and the tape of the interview but do not include restricted source documents of commercial psychological tests or working notes of staff.

(B) (i) Unless otherwise ordered by a court of competent jurisdiction, records and information generated by other agencies and obtained under this section shall not be available to the sex offender or sexually dangerous person except through the agency or individual having primary custody of the records. (ii) Upon request, the sex offender shall be given a list of the records or information obtained.

(i) Unless otherwise ordered by a court of competent jurisdiction, records and information generated by other agencies and obtained under this section shall not be available to the sex offender or sexually dangerous person except through the agency or individual having primary custody of the records.

(ii) Upon request, the sex offender shall be given a list of the records or information obtained.

(C) If the record or information generated contains the address of a victim or a person who has made a statement adverse to the sex offender or sexually dangerous person, the address shall be redacted and the sex offender or sexually dangerous person shall have access to records and information other than the identity and address.

(e) In classifying the sex offender into a risk level for the purposes of public notification under § 12-12-913 , the committee, through its staff, shall review each sex offender or sexually dangerous person under its authority: (1) Prior to the sex offender's release for confinement in a correctional facility; (2) Prior to the release of a person who has been committed following an acquittal on the grounds of mental disease or defect; (3) At the start of a sex offender's suspended imposition of sentence; or (4) At the start of a sex offender's probation period.

(1) Prior to the sex offender's release for confinement in a correctional facility;

(2) Prior to the release of a person who has been committed following an acquittal on the grounds of mental disease or defect;

(3) At the start of a sex offender's suspended imposition of sentence; or

(4) At the start of a sex offender's probation period.

(f) (1) (A) The committee shall issue the offender fact sheet to the local law enforcement agency having jurisdiction. (B) The offender fact sheet is provided to assist the local law enforcement agency having jurisdiction in its task of community notification. (2) The committee shall provide the Post-Prison Transfer Board with copies of the offender fact sheet on inmates of the Division of Correction. (3) The committee shall provide the Division of Community Correction with copies of the offender fact sheet on any sex offender under the Division of Community Correction's supervision. (4) (A) (i) The offender fact sheet shall be prepared on a standard form for ease of transmission and communication. (ii) The offender fact sheet shall be on an internet-based application accessible to law enforcement, state boards, and licensing agencies. (iii) The offender fact sheet of a sexually dangerous person or a sex offender found by the center to be in violation of the registration requirement shall be made available to the general public unless the release of the offender fact sheet, in the opinion of the committee based on a risk assessment, places an innocent individual at risk. (B) The standard form shall include, but not be limited to: (i) Registration information as required in § 12-12-908 ; (ii) Risk level; (iii) Date of deoxyribonucleic acid (DNA) sample; (iv) Psychological factors likely to affect sexual control; (v) Victim age and gender preference; (vi) Treatment history and recommendations; and (vii) Other relevant information deemed necessary by the committee or by professional staff performing sex offender assessments. (5) (A) The committee shall ensure that the notice is complete in its entirety. (B) A law enforcement officer shall notify the center if a sex offender has moved or is otherwise in violation of a registration requirement. (6) (A) All material used in the assessment shall be kept on file in its original form for one (1) year. (B) After one (1) year the file may be stored electronically.

(1) (A) The committee shall issue the offender fact sheet to the local law enforcement agency having jurisdiction. (B) The offender fact sheet is provided to assist the local law enforcement agency having jurisdiction in its task of community notification.

(A) The committee shall issue the offender fact sheet to the local law enforcement agency having jurisdiction.

(B) The offender fact sheet is provided to assist the local law enforcement agency having jurisdiction in its task of community notification.

(2) The committee shall provide the Post-Prison Transfer Board with copies of the offender fact sheet on inmates of the Division of Correction.

(3) The committee shall provide the Division of Community Correction with copies of the offender fact sheet on any sex offender under the Division of Community Correction's supervision.

(4) (A) (i) The offender fact sheet shall be prepared on a standard form for ease of transmission and communication. (ii) The offender fact sheet shall be on an internet-based application accessible to law enforcement, state boards, and licensing agencies. (iii) The offender fact sheet of a sexually dangerous person or a sex offender found by the center to be in violation of the registration requirement shall be made available to the general public unless the release of the offender fact sheet, in the opinion of the committee based on a risk assessment, places an innocent individual at risk. (B) The standard form shall include, but not be limited to: (i) Registration information as required in § 12-12-908 ; (ii) Risk level; (iii) Date of deoxyribonucleic acid (DNA) sample; (iv) Psychological factors likely to affect sexual control; (v) Victim age and gender preference; (vi) Treatment history and recommendations; and (vii) Other relevant information deemed necessary by the committee or by professional staff performing sex offender assessments.

(A) (i) The offender fact sheet shall be prepared on a standard form for ease of transmission and communication. (ii) The offender fact sheet shall be on an internet-based application accessible to law enforcement, state boards, and licensing agencies. (iii) The offender fact sheet of a sexually dangerous person or a sex offender found by the center to be in violation of the registration requirement shall be made available to the general public unless the release of the offender fact sheet, in the opinion of the committee based on a risk assessment, places an innocent individual at risk.

(i) The offender fact sheet shall be prepared on a standard form for ease of transmission and communication.

(ii) The offender fact sheet shall be on an internet-based application accessible to law enforcement, state boards, and licensing agencies.

(iii) The offender fact sheet of a sexually dangerous person or a sex offender found by the center to be in violation of the registration requirement shall be made available to the general public unless the release of the offender fact sheet, in the opinion of the committee based on a risk assessment, places an innocent individual at risk.

(B) The standard form shall include, but not be limited to: (i) Registration information as required in § 12-12-908 ; (ii) Risk level; (iii) Date of deoxyribonucleic acid (DNA) sample; (iv) Psychological factors likely to affect sexual control; (v) Victim age and gender preference; (vi) Treatment history and recommendations; and (vii) Other relevant information deemed necessary by the committee or by professional staff performing sex offender assessments.

(i) Registration information as required in § 12-12-908 ;

(ii) Risk level;

(iii) Date of deoxyribonucleic acid (DNA) sample;

(iv) Psychological factors likely to affect sexual control;

(v) Victim age and gender preference;

(vi) Treatment history and recommendations; and

(vii) Other relevant information deemed necessary by the committee or by professional staff performing sex offender assessments.

(5) (A) The committee shall ensure that the notice is complete in its entirety. (B) A law enforcement officer shall notify the center if a sex offender has moved or is otherwise in violation of a registration requirement.

(A) The committee shall ensure that the notice is complete in its entirety.

(B) A law enforcement officer shall notify the center if a sex offender has moved or is otherwise in violation of a registration requirement.

(6) (A) All material used in the assessment shall be kept on file in its original form for one (1) year. (B) After one (1) year the file may be stored electronically.

(A) All material used in the assessment shall be kept on file in its original form for one (1) year.

(B) After one (1) year the file may be stored electronically.

(g) (1) In cooperation with the committee, the Division of Correction shall promulgate rules to establish the review process for assessment determinations. (2) (A) The sex offender or sexually dangerous person may request an administrative review of the assigned risk level under the conditions stated and following the procedures indicated under § 12-12-922 . (B) The sex offender shall be notified of these rights and procedures in the documentation sent with the notification of risk level.

(1) In cooperation with the committee, the Division of Correction shall promulgate rules to establish the review process for assessment determinations.

(2) (A) The sex offender or sexually dangerous person may request an administrative review of the assigned risk level under the conditions stated and following the procedures indicated under § 12-12-922 . (B) The sex offender shall be notified of these rights and procedures in the documentation sent with the notification of risk level.

(A) The sex offender or sexually dangerous person may request an administrative review of the assigned risk level under the conditions stated and following the procedures indicated under § 12-12-922 .

(B) The sex offender shall be notified of these rights and procedures in the documentation sent with the notification of risk level.

(h) (1) (A) A sex offender or sexually dangerous person may request the committee to reassess the assigned risk level of the sex offender or sexually dangerous person after five (5) years have elapsed since initial risk assessment by the committee and may renew that request one (1) time every five (5) years. (B) In the request for reassessment, the sex offender or sexually dangerous person shall list the facts and circumstances that demonstrate that the sex offender no longer poses the same degree of risk to the community. (2) (A) A local law enforcement agency having jurisdiction, the Division of Community Correction, or the Post-Prison Transfer Board may request the committee to reassess a sex offender's assigned risk level at any time. (B) In the request for reassessment, the local law enforcement agency having jurisdiction, the Division of Community Correction, or the Post-Prison Transfer Board shall list the facts and circumstances that prompted the requested reassessment. (3) The committee shall also take into consideration any subsequent criminal act by the sex offender or sexually dangerous person during a reassessment.

(1) (A) A sex offender or sexually dangerous person may request the committee to reassess the assigned risk level of the sex offender or sexually dangerous person after five (5) years have elapsed since initial risk assessment by the committee and may renew that request one (1) time every five (5) years. (B) In the request for reassessment, the sex offender or sexually dangerous person shall list the facts and circumstances that demonstrate that the sex offender no longer poses the same degree of risk to the community.

(A) A sex offender or sexually dangerous person may request the committee to reassess the assigned risk level of the sex offender or sexually dangerous person after five (5) years have elapsed since initial risk assessment by the committee and may renew that request one (1) time every five (5) years.

(B) In the request for reassessment, the sex offender or sexually dangerous person shall list the facts and circumstances that demonstrate that the sex offender no longer poses the same degree of risk to the community.

(2) (A) A local law enforcement agency having jurisdiction, the Division of Community Correction, or the Post-Prison Transfer Board may request the committee to reassess a sex offender's assigned risk level at any time. (B) In the request for reassessment, the local law enforcement agency having jurisdiction, the Division of Community Correction, or the Post-Prison Transfer Board shall list the facts and circumstances that prompted the requested reassessment.

(A) A local law enforcement agency having jurisdiction, the Division of Community Correction, or the Post-Prison Transfer Board may request the committee to reassess a sex offender's assigned risk level at any time.

(B) In the request for reassessment, the local law enforcement agency having jurisdiction, the Division of Community Correction, or the Post-Prison Transfer Board shall list the facts and circumstances that prompted the requested reassessment.

(3) The committee shall also take into consideration any subsequent criminal act by the sex offender or sexually dangerous person during a reassessment.

Amended by Act 2023, No. 659,§ 68, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 67, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 66, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 65, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 64, eff. 1/1/2024.

Amended by Act 2019, No. 315,§ 866, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 865, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 723, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 722, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 721, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 720, eff. 7/1/2019.

Amended by Act 2013, No. 505,§ 15, eff. 8/16/2013.

Acts 1997, No. 989, § 17; 1999, No. 1353, §§ 10, 11; 2001, No. 1743, § 12; 2003 (2nd Ex. Sess.), No. 21, § 8; 2005, No. 1962, §§ 36, 37; 2006 (1st Ex. Sess.), No. 4, § 5; 2007, No. 394, § 9; 2009, No. 758, § 25.
Ark. Code Ann. § 12-18-908 — AR Code / Title 12 / Chapter 18 / Subchapter 9 / Section 12-18-908
Removal of name from the Child Maltreatment Central Registry
Status: in_force

(a) An adult offender shall permanently remain on the Child Maltreatment Central Registry if the: (1) Adult offender is convicted of a criminal offense for an act or omission that constitutes child maltreatment and for which the adult offender is named in the registry regardless of any subsequent expungement of the criminal offense from the adult offender's criminal record; (2) Adult offender's conviction for the criminal offense described under subdivision (a)(1) of this section has not been reversed or vacated; and (3) Adult offender's name is placed on the registry for severe maltreatment. (b) (1) The Department of Human Services shall identify in its policy and procedures manual the types of child maltreatment that shall automatically result in the removal of the name of an offender from the registry. (2) If an offender has been entered into the registry as an offender for the named types of child maltreatment identified under subdivision (b)(1) of this section, the offender's name shall be removed from the registry on reports of this type of child maltreatment if the offender has not had a subsequent true report of this type for one (1) year and more than one (1) year has passed since the offender's name was placed on the registry. (c) (1) The department shall identify in its policy and procedures manual the types of child maltreatment for which an offender can request that the offender's name be removed from the registry. (2) (A) If an offender has been entered into the registry as an offender for the named types of child maltreatment identified under subdivision (c)(1) of this section, the offender may petition the department, requesting that the offender's name be removed from the registry if the offender has not had a subsequent true report of this type for one (1) year and more than one (1) year has passed since the offender's name was placed on the registry. (B) If the department denies the request for removal of the name from the registry, the offender shall wait one (1) year from the date of the request for removal before filing a new petition with the department, requesting that the offender's name be removed from the registry. (3) The department shall develop policy and procedures to assist it in determining whether to remove the offender's name from the registry. (d) (1) Notwithstanding the provisions of this subchapter, with regard to an offender who was a child at the time of the act or omission that resulted in a true finding of child maltreatment, the department shall: (A) Not remove the offender's name from the registry if: (i) The offender is convicted of a felony as an adult for an act or omission that is the same act or omission for which the offender is named in the registry regardless of any subsequent expungement of the felony from the offender's criminal record; (ii) The offender's conviction for the felony described under subdivision (d)(1)(A)(i) of this section has not been reversed or vacated; and (iii) The offender's name is placed in the registry for severe maltreatment; or (B) Remove the offender's name from the registry if: (i) The juvenile has reached eighteen (18) years of age or more than one (1) year has passed from the date of the act or omission that caused the true finding of child maltreatment and there have been no subsequent acts or omissions resulting in a true finding of child maltreatment; and (ii) The offender can prove by a preponderance of the evidence that the juvenile offender has been rehabilitated. (2) If the department denies the request for removal of the name from the registry, the offender shall wait one (1) year from the date of the request for removal before filing a new petition with the department, requesting that the offender's name be removed from the registry. (e) (1) (A) If the department denies the request for removal of the name from the registry, the offender may request an administrative hearing within thirty (30) days from receipt of the department's decision. (B) The standard on review for the administrative hearing shall be whether the department abused its discretion. (2) (A) At least ten (10) days prior to the administrative hearing, the alleged offender and the department shall share any information with the other party that the party intends to introduce into evidence at the administrative hearing that is not contained in the record. (B) If a party fails to timely share information, the administrative law judge shall: (i) Grant a continuance; (ii) Allow the record to remain open for submission of rebuttal evidence; or (iii) Reject the information as not relevant to the rehabilitation or the incident of child maltreatment. (f) The Secretary of the Department of Human Services shall adopt rules necessary to carry out this chapter pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., except that the secretary shall not begin the process under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., until the proposed rules have been reviewed by the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. Amended by Act 2021, No. 896,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 896,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5158, eff. 7/1/2019. Acts 2009, No. 749, § 1.

(a) An adult offender shall permanently remain on the Child Maltreatment Central Registry if the: (1) Adult offender is convicted of a criminal offense for an act or omission that constitutes child maltreatment and for which the adult offender is named in the registry regardless of any subsequent expungement of the criminal offense from the adult offender's criminal record; (2) Adult offender's conviction for the criminal offense described under subdivision (a)(1) of this section has not been reversed or vacated; and (3) Adult offender's name is placed on the registry for severe maltreatment.

(1) Adult offender is convicted of a criminal offense for an act or omission that constitutes child maltreatment and for which the adult offender is named in the registry regardless of any subsequent expungement of the criminal offense from the adult offender's criminal record;

(2) Adult offender's conviction for the criminal offense described under subdivision (a)(1) of this section has not been reversed or vacated; and

(3) Adult offender's name is placed on the registry for severe maltreatment.

(b) (1) The Department of Human Services shall identify in its policy and procedures manual the types of child maltreatment that shall automatically result in the removal of the name of an offender from the registry. (2) If an offender has been entered into the registry as an offender for the named types of child maltreatment identified under subdivision (b)(1) of this section, the offender's name shall be removed from the registry on reports of this type of child maltreatment if the offender has not had a subsequent true report of this type for one (1) year and more than one (1) year has passed since the offender's name was placed on the registry.

(1) The Department of Human Services shall identify in its policy and procedures manual the types of child maltreatment that shall automatically result in the removal of the name of an offender from the registry.

(2) If an offender has been entered into the registry as an offender for the named types of child maltreatment identified under subdivision (b)(1) of this section, the offender's name shall be removed from the registry on reports of this type of child maltreatment if the offender has not had a subsequent true report of this type for one (1) year and more than one (1) year has passed since the offender's name was placed on the registry.

(c) (1) The department shall identify in its policy and procedures manual the types of child maltreatment for which an offender can request that the offender's name be removed from the registry. (2) (A) If an offender has been entered into the registry as an offender for the named types of child maltreatment identified under subdivision (c)(1) of this section, the offender may petition the department, requesting that the offender's name be removed from the registry if the offender has not had a subsequent true report of this type for one (1) year and more than one (1) year has passed since the offender's name was placed on the registry. (B) If the department denies the request for removal of the name from the registry, the offender shall wait one (1) year from the date of the request for removal before filing a new petition with the department, requesting that the offender's name be removed from the registry. (3) The department shall develop policy and procedures to assist it in determining whether to remove the offender's name from the registry.

(1) The department shall identify in its policy and procedures manual the types of child maltreatment for which an offender can request that the offender's name be removed from the registry.

(2) (A) If an offender has been entered into the registry as an offender for the named types of child maltreatment identified under subdivision (c)(1) of this section, the offender may petition the department, requesting that the offender's name be removed from the registry if the offender has not had a subsequent true report of this type for one (1) year and more than one (1) year has passed since the offender's name was placed on the registry. (B) If the department denies the request for removal of the name from the registry, the offender shall wait one (1) year from the date of the request for removal before filing a new petition with the department, requesting that the offender's name be removed from the registry.

(A) If an offender has been entered into the registry as an offender for the named types of child maltreatment identified under subdivision (c)(1) of this section, the offender may petition the department, requesting that the offender's name be removed from the registry if the offender has not had a subsequent true report of this type for one (1) year and more than one (1) year has passed since the offender's name was placed on the registry.

(B) If the department denies the request for removal of the name from the registry, the offender shall wait one (1) year from the date of the request for removal before filing a new petition with the department, requesting that the offender's name be removed from the registry.

(3) The department shall develop policy and procedures to assist it in determining whether to remove the offender's name from the registry.

(d) (1) Notwithstanding the provisions of this subchapter, with regard to an offender who was a child at the time of the act or omission that resulted in a true finding of child maltreatment, the department shall: (A) Not remove the offender's name from the registry if: (i) The offender is convicted of a felony as an adult for an act or omission that is the same act or omission for which the offender is named in the registry regardless of any subsequent expungement of the felony from the offender's criminal record; (ii) The offender's conviction for the felony described under subdivision (d)(1)(A)(i) of this section has not been reversed or vacated; and (iii) The offender's name is placed in the registry for severe maltreatment; or (B) Remove the offender's name from the registry if: (i) The juvenile has reached eighteen (18) years of age or more than one (1) year has passed from the date of the act or omission that caused the true finding of child maltreatment and there have been no subsequent acts or omissions resulting in a true finding of child maltreatment; and (ii) The offender can prove by a preponderance of the evidence that the juvenile offender has been rehabilitated. (2) If the department denies the request for removal of the name from the registry, the offender shall wait one (1) year from the date of the request for removal before filing a new petition with the department, requesting that the offender's name be removed from the registry.

(1) Notwithstanding the provisions of this subchapter, with regard to an offender who was a child at the time of the act or omission that resulted in a true finding of child maltreatment, the department shall: (A) Not remove the offender's name from the registry if: (i) The offender is convicted of a felony as an adult for an act or omission that is the same act or omission for which the offender is named in the registry regardless of any subsequent expungement of the felony from the offender's criminal record; (ii) The offender's conviction for the felony described under subdivision (d)(1)(A)(i) of this section has not been reversed or vacated; and (iii) The offender's name is placed in the registry for severe maltreatment; or (B) Remove the offender's name from the registry if: (i) The juvenile has reached eighteen (18) years of age or more than one (1) year has passed from the date of the act or omission that caused the true finding of child maltreatment and there have been no subsequent acts or omissions resulting in a true finding of child maltreatment; and (ii) The offender can prove by a preponderance of the evidence that the juvenile offender has been rehabilitated.

(A) Not remove the offender's name from the registry if: (i) The offender is convicted of a felony as an adult for an act or omission that is the same act or omission for which the offender is named in the registry regardless of any subsequent expungement of the felony from the offender's criminal record; (ii) The offender's conviction for the felony described under subdivision (d)(1)(A)(i) of this section has not been reversed or vacated; and (iii) The offender's name is placed in the registry for severe maltreatment; or

(i) The offender is convicted of a felony as an adult for an act or omission that is the same act or omission for which the offender is named in the registry regardless of any subsequent expungement of the felony from the offender's criminal record;

(ii) The offender's conviction for the felony described under subdivision (d)(1)(A)(i) of this section has not been reversed or vacated; and

(iii) The offender's name is placed in the registry for severe maltreatment; or

(B) Remove the offender's name from the registry if: (i) The juvenile has reached eighteen (18) years of age or more than one (1) year has passed from the date of the act or omission that caused the true finding of child maltreatment and there have been no subsequent acts or omissions resulting in a true finding of child maltreatment; and (ii) The offender can prove by a preponderance of the evidence that the juvenile offender has been rehabilitated.

(i) The juvenile has reached eighteen (18) years of age or more than one (1) year has passed from the date of the act or omission that caused the true finding of child maltreatment and there have been no subsequent acts or omissions resulting in a true finding of child maltreatment; and

(ii) The offender can prove by a preponderance of the evidence that the juvenile offender has been rehabilitated.

(2) If the department denies the request for removal of the name from the registry, the offender shall wait one (1) year from the date of the request for removal before filing a new petition with the department, requesting that the offender's name be removed from the registry.

(e) (1) (A) If the department denies the request for removal of the name from the registry, the offender may request an administrative hearing within thirty (30) days from receipt of the department's decision. (B) The standard on review for the administrative hearing shall be whether the department abused its discretion. (2) (A) At least ten (10) days prior to the administrative hearing, the alleged offender and the department shall share any information with the other party that the party intends to introduce into evidence at the administrative hearing that is not contained in the record. (B) If a party fails to timely share information, the administrative law judge shall: (i) Grant a continuance; (ii) Allow the record to remain open for submission of rebuttal evidence; or (iii) Reject the information as not relevant to the rehabilitation or the incident of child maltreatment.

(1) (A) If the department denies the request for removal of the name from the registry, the offender may request an administrative hearing within thirty (30) days from receipt of the department's decision. (B) The standard on review for the administrative hearing shall be whether the department abused its discretion.

(A) If the department denies the request for removal of the name from the registry, the offender may request an administrative hearing within thirty (30) days from receipt of the department's decision.

(B) The standard on review for the administrative hearing shall be whether the department abused its discretion.

(2) (A) At least ten (10) days prior to the administrative hearing, the alleged offender and the department shall share any information with the other party that the party intends to introduce into evidence at the administrative hearing that is not contained in the record. (B) If a party fails to timely share information, the administrative law judge shall: (i) Grant a continuance; (ii) Allow the record to remain open for submission of rebuttal evidence; or (iii) Reject the information as not relevant to the rehabilitation or the incident of child maltreatment.

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

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

(i) Grant a continuance;

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

(iii) Reject the information as not relevant to the rehabilitation or the incident of child maltreatment.

(f) The Secretary of the Department of Human Services shall adopt rules necessary to carry out this chapter pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., except that the secretary shall not begin the process under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., until the proposed rules have been reviewed by the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.

Amended by Act 2021, No. 896,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 896,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5158, eff. 7/1/2019.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-18-105 — AR Code / Title 12 / Chapter 18 / Subchapter 1 / Section 12-18-105
Rules
Status: in_force

The Department of Human Services and the Department of Arkansas State Police shall promulgate rules to implement this chapter. Amended by Act 2015, No. 1004,§ 3, eff. 7/22/2015. Acts 2009, No. 749, § 1.

The Department of Human Services and the Department of Arkansas State Police shall promulgate rules to implement this chapter.

Amended by Act 2015, No. 1004,§ 3, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-12-207 — AR Code / Title 12 / Chapter 12 / Subchapter 2 / Section 12-12-207
Maintenance and operation of information system
Status: in_force

(a) The Arkansas Crime Information Center shall be responsible for providing for the maintenance and operation of the computer-based Arkansas Crime Information System. (b) The use of the system is restricted to serving the informational needs of governmental criminal justice agencies and others specifically authorized by law through a communications network connecting local, county, state, and federal authorities to a centralized state repository of information. (c) The Supervisory Board for the Arkansas Crime Information Center shall approve the creation and maintenance of each file in the system, establish the entry criteria and quality control standards for each file, and conduct an annual review of the appropriateness and effectiveness of all files and services provided by the center. (d) (1) The center shall collect data and compile statistics on the nature and extent of crime problems in Arkansas and compile other data related to planning for and operating criminal justice agencies. (2) The data collected under this subsection shall include the address where a criminal offense occurred. (3) The center shall also periodically publish statistics and report such information to the Governor, the General Assembly, and the general public. (e) The center shall be authorized to design and administer uniform record systems, uniform crime reporting systems, and other programs to be used by criminal justice agencies to improve the administration of justice in Arkansas. Amended by Act 2019, No. 766,§ 1, eff. 7/24/2019. Acts 1971, No. 286, §§ 2, 9; 1975, No. 742, § 2; 1981, No. 612, § 1; 1983, No. 282, § 1; A.S.A. 1947, §§ 5-1102, 5-1102.3, 5-1109, 5-1117; Acts 1993, No. 535, § 6; 1993, No. 551, § 6; 1994 (2nd Ex. Sess.), No. 37, § 1; 1994 (2nd Ex. Sess.), No. 38, § 1; 1995, No. 498, § 1.

(a) The Arkansas Crime Information Center shall be responsible for providing for the maintenance and operation of the computer-based Arkansas Crime Information System.

(b) The use of the system is restricted to serving the informational needs of governmental criminal justice agencies and others specifically authorized by law through a communications network connecting local, county, state, and federal authorities to a centralized state repository of information.

(c) The Supervisory Board for the Arkansas Crime Information Center shall approve the creation and maintenance of each file in the system, establish the entry criteria and quality control standards for each file, and conduct an annual review of the appropriateness and effectiveness of all files and services provided by the center.

(d) (1) The center shall collect data and compile statistics on the nature and extent of crime problems in Arkansas and compile other data related to planning for and operating criminal justice agencies. (2) The data collected under this subsection shall include the address where a criminal offense occurred. (3) The center shall also periodically publish statistics and report such information to the Governor, the General Assembly, and the general public.

(1) The center shall collect data and compile statistics on the nature and extent of crime problems in Arkansas and compile other data related to planning for and operating criminal justice agencies.

(2) The data collected under this subsection shall include the address where a criminal offense occurred.

(3) The center shall also periodically publish statistics and report such information to the Governor, the General Assembly, and the general public.

(e) The center shall be authorized to design and administer uniform record systems, uniform crime reporting systems, and other programs to be used by criminal justice agencies to improve the administration of justice in Arkansas.

Amended by Act 2019, No. 766,§ 1, eff. 7/24/2019.

Acts 1971, No. 286, §§ 2, 9; 1975, No. 742, § 2; 1981, No. 612, § 1; 1983, No. 282, § 1; A.S.A. 1947, §§ 5-1102, 5-1102.3, 5-1109, 5-1117; Acts 1993, No. 535, § 6; 1993, No. 551, § 6; 1994 (2nd Ex. Sess.), No. 37, § 1; 1994 (2nd Ex. Sess.), No. 38, § 1; 1995, No. 498, § 1.
Ark. Code Ann. § 12-64-514 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-514
Oaths
Status: in_force

(a) The military judge, interpreters, and, in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. (b) Each witness before a military court shall be examined on oath or affirmation. Acts 1969, No. 50, § 88; A.S.A. 1947, § 11-643; Acts 1987, No. 125, § 10.

(a) The military judge, interpreters, and, in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.

(b) Each witness before a military court shall be examined on oath or affirmation.

Acts 1969, No. 50, § 88; A.S.A. 1947, § 11-643; Acts 1987, No. 125, § 10.
Ark. Code Ann. § 12-12-1103 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1103
Definitions
Status: in_force

As used in this subchapter: (1) "Adjudication of guilt" and words of similar import mean a plea of guilty, a plea of nolo contendere, a negotiated plea, a finding of guilt by a judge, or a finding of guilt by a jury; (2) "Administration of criminal justice" means: (A) Performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders; (B) Performing criminal identification activities; and (C) Collecting, maintaining, and disseminating justice information; (3) (A) "CODIS" means the Federal Bureau of Investigation's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic laboratories. (B) CODIS is derived from Combined DNA Index System; (4) "Criminal justice agency" means a government agency, or any subunit thereof, which is authorized by law to perform the administration of criminal justice and which allocates more than one-half (1/2) its annual budget to the administration of criminal justice; (5) (A) "DNA" means deoxyribonucleic acid. (B) (i) DNA is located in the cells and provides an individual's personal genetic blueprint. (ii) DNA encodes genetic information that is the basis of human heredity and forensic identification; (6) (A) "DNA record" means deoxyribonucleic acid (DNA) identification information stored in the State DNA Data Base or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of deoxyribonucleic acid (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 which are of value in establishing the identity of individuals. (D) The results of all DNA identification tests on an individual's DNA sample are also collectively referred to as the DNA profile of an individual; (7) "DNA sample" means a blood or tissue sample provided by any person with respect to offenses covered by this subchapter or submitted to the State Crime Laboratory for analysis or storage or both; (8) "FBI" means the Federal Bureau of Investigation; (9) (A) "Qualifying offense" means any felony offense as defined in the Arkansas Criminal Code or a sexual offense classified as a misdemeanor as defined by the Arkansas Criminal Code or a repeat offense as defined in this section. (B) "Qualifying offense" does not include a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; and (10) "Repeat offense" means a second or subsequent adjudication of guilt in a separate criminal action for the commission of any misdemeanor or felony offense involving violence as set forth in Arkansas law, the law of another state, federal law, or military law. Amended by Act 2023, No. 619,§ 15, eff. 8/1/2023. Acts 1997, No. 737, § 3; 2003, No. 1087, § 12; 2003, No. 1390, § 5; 2003, No. 1470, § 2; 2005, No. 1962, § 43.

As used in this subchapter:

(1) "Adjudication of guilt" and words of similar import mean a plea of guilty, a plea of nolo contendere, a negotiated plea, a finding of guilt by a judge, or a finding of guilt by a jury;

(2) "Administration of criminal justice" means: (A) Performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders; (B) Performing criminal identification activities; and (C) Collecting, maintaining, and disseminating justice information;

(A) Performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders;

(B) Performing criminal identification activities; and

(C) Collecting, maintaining, and disseminating justice information;

(3) (A) "CODIS" means the Federal Bureau of Investigation's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic laboratories. (B) CODIS is derived from Combined DNA Index System;

(A) "CODIS" means the Federal Bureau of Investigation's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic laboratories.

(B) CODIS is derived from Combined DNA Index System;

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

(5) (A) "DNA" means deoxyribonucleic acid. (B) (i) DNA is located in the cells and provides an individual's personal genetic blueprint. (ii) DNA encodes genetic information that is the basis of human heredity and forensic identification;

(A) "DNA" means deoxyribonucleic acid.

(B) (i) DNA is located in the cells and provides an individual's personal genetic blueprint. (ii) DNA encodes genetic information that is the basis of human heredity and forensic identification;

(i) DNA is located in the cells and provides an individual's personal genetic blueprint.

(ii) DNA encodes genetic information that is the basis of human heredity and forensic identification;

(6) (A) "DNA record" means deoxyribonucleic acid (DNA) identification information stored in the State DNA Data Base or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of deoxyribonucleic acid (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 which are of value in establishing the identity of individuals. (D) The results of all DNA identification tests on an individual's DNA sample are also collectively referred to as the DNA profile of an individual;

(A) "DNA record" means deoxyribonucleic acid (DNA) identification information stored in the State DNA Data Base or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of deoxyribonucleic acid (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 which are of value in establishing the identity of individuals.

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

(7) "DNA sample" means a blood or tissue sample provided by any person with respect to offenses covered by this subchapter or submitted to the State Crime Laboratory for analysis or storage or both;

(8) "FBI" means the Federal Bureau of Investigation;

(9) (A) "Qualifying offense" means any felony offense as defined in the Arkansas Criminal Code or a sexual offense classified as a misdemeanor as defined by the Arkansas Criminal Code or a repeat offense as defined in this section. (B) "Qualifying offense" does not include a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; and

(A) "Qualifying offense" means any felony offense as defined in the Arkansas Criminal Code or a sexual offense classified as a misdemeanor as defined by the Arkansas Criminal Code or a repeat offense as defined in this section.

(B) "Qualifying offense" does not include a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; and

(10) "Repeat offense" means a second or subsequent adjudication of guilt in a separate criminal action for the commission of any misdemeanor or felony offense involving violence as set forth in Arkansas law, the law of another state, federal law, or military law.

Amended by Act 2023, No. 619,§ 15, eff. 8/1/2023.

Acts 1997, No. 737, § 3; 2003, No. 1087, § 12; 2003, No. 1390, § 5; 2003, No. 1470, § 2; 2005, No. 1962, § 43.
Ark. Code Ann. § 12-8-305 — AR Code / Title 12 / Chapter 8 / Subchapter 3 / Section 12-8-305
Arkansas State Police Commission - Additional powers
Status: in_force

(a) In addition to the powers, purposes, and authorities set forth elsewhere in this subchapter or in other laws, the Arkansas State Police Commission may: (1) (A) Acquire, construct, repair, renovate, alter, maintain, and equip communications equipment for use by the Division of Arkansas State Police. (B) However, the communications equipment acquired under the authority of this subchapter shall not be used for the transmission of telephonic messages which bypass the public telephone network; (2) Contract for the lease, lease-purchase, or purchase of the communications equipment on such terms and conditions as are specified by this subchapter and approved by the Director of the Division of Arkansas State Police with the consent of the commission; (3) Provide for the payment of the cost of acquisition from any legally available source or sources, including, without limitation, the revenues authorized by § 12-8-307 , funds appropriated and made available under §§ 12-8-101 - 12-8-107 , 12-8-110 - 12-8-112 , 12-8-114 - 12-8-116 , 12-8-118 , 12-8-119 , 12-8-201 - 12-8-205 , 12-8-213 , and 12-12-103 , and funds, if any, appropriated for the communications equipment; (4) Purchase, acquire, lease, lease-purchase, or rent, and receive bequests or donations of, or otherwise acquire, sell, trade, or barter any real, personal, or mixed property and convert such property into money or other property; (5) Contract and be contracted with; (6) Apply for, receive, accept, and use any moneys and property from the United States Government, any agency, any state or governmental body or political subdivision, any public or private corporation or organization of any nature, or any individual; (7) Invest and reinvest any of its moneys in securities, obligations, banking arrangements, or investment agreements selected by the commission; (8) Make and execute all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this subchapter; (9) In connection with the acquisition and financing of the costs of communication equipment, employ attorneys, accountants, underwriters, and financial advisors and such other advisors, consultants, and agents as may be necessary in its judgment, and fix their compensation; (10) Procure insurance against any loss in connection with its property and other assets, in such amounts and from such insurers as it may deem advisable, including the power to pay premiums on any such insurance; (11) Procure insurance or guaranties from any public or private entities, including any department, agency, or instrumentality of the United States and to secure payment of any lease entered into under the authority of this subchapter, including the power to pay premiums on any such insurance or guaranty; (12) Arrange for the use of such communications equipment by any federal, state, or local governmental agency or any other person, from time to time, as any of such communications equipment is not needed by the division and collect fees and charges, as the commission determines to be reasonable, in connection with the use of any communications equipment by any other person; (13) Cooperate with and exchange services and information with any federal, state, or local governmental agency; and (14) Take such other action, not inconsistent with law, as may be necessary, convenient, or desirable to carry out the powers, purposes, and authorities set forth in this subchapter and carry out the intent of this subchapter. (b) All the powers, purposes, and authorities set forth in subsection (a) of this section, except those relating to the contracting for the lease, purchase, or lease-purchase of the communications equipment, may be carried out by the division. Amended by Act 2019, No. 910,§ 5797, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5796, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5795, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5794, eff. 7/1/2019. Acts 1985, No. 817, § 4; A.S.A. 1947, § 42-471; Acts 2005, No. 1962, § 25.

(a) In addition to the powers, purposes, and authorities set forth elsewhere in this subchapter or in other laws, the Arkansas State Police Commission may: (1) (A) Acquire, construct, repair, renovate, alter, maintain, and equip communications equipment for use by the Division of Arkansas State Police. (B) However, the communications equipment acquired under the authority of this subchapter shall not be used for the transmission of telephonic messages which bypass the public telephone network; (2) Contract for the lease, lease-purchase, or purchase of the communications equipment on such terms and conditions as are specified by this subchapter and approved by the Director of the Division of Arkansas State Police with the consent of the commission; (3) Provide for the payment of the cost of acquisition from any legally available source or sources, including, without limitation, the revenues authorized by § 12-8-307 , funds appropriated and made available under §§ 12-8-101 - 12-8-107 , 12-8-110 - 12-8-112 , 12-8-114 - 12-8-116 , 12-8-118 , 12-8-119 , 12-8-201 - 12-8-205 , 12-8-213 , and 12-12-103 , and funds, if any, appropriated for the communications equipment; (4) Purchase, acquire, lease, lease-purchase, or rent, and receive bequests or donations of, or otherwise acquire, sell, trade, or barter any real, personal, or mixed property and convert such property into money or other property; (5) Contract and be contracted with; (6) Apply for, receive, accept, and use any moneys and property from the United States Government, any agency, any state or governmental body or political subdivision, any public or private corporation or organization of any nature, or any individual; (7) Invest and reinvest any of its moneys in securities, obligations, banking arrangements, or investment agreements selected by the commission; (8) Make and execute all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this subchapter; (9) In connection with the acquisition and financing of the costs of communication equipment, employ attorneys, accountants, underwriters, and financial advisors and such other advisors, consultants, and agents as may be necessary in its judgment, and fix their compensation; (10) Procure insurance against any loss in connection with its property and other assets, in such amounts and from such insurers as it may deem advisable, including the power to pay premiums on any such insurance; (11) Procure insurance or guaranties from any public or private entities, including any department, agency, or instrumentality of the United States and to secure payment of any lease entered into under the authority of this subchapter, including the power to pay premiums on any such insurance or guaranty; (12) Arrange for the use of such communications equipment by any federal, state, or local governmental agency or any other person, from time to time, as any of such communications equipment is not needed by the division and collect fees and charges, as the commission determines to be reasonable, in connection with the use of any communications equipment by any other person; (13) Cooperate with and exchange services and information with any federal, state, or local governmental agency; and (14) Take such other action, not inconsistent with law, as may be necessary, convenient, or desirable to carry out the powers, purposes, and authorities set forth in this subchapter and carry out the intent of this subchapter.

(1) (A) Acquire, construct, repair, renovate, alter, maintain, and equip communications equipment for use by the Division of Arkansas State Police. (B) However, the communications equipment acquired under the authority of this subchapter shall not be used for the transmission of telephonic messages which bypass the public telephone network;

(A) Acquire, construct, repair, renovate, alter, maintain, and equip communications equipment for use by the Division of Arkansas State Police.

(B) However, the communications equipment acquired under the authority of this subchapter shall not be used for the transmission of telephonic messages which bypass the public telephone network;

(2) Contract for the lease, lease-purchase, or purchase of the communications equipment on such terms and conditions as are specified by this subchapter and approved by the Director of the Division of Arkansas State Police with the consent of the commission;

(3) Provide for the payment of the cost of acquisition from any legally available source or sources, including, without limitation, the revenues authorized by § 12-8-307 , funds appropriated and made available under §§ 12-8-101 - 12-8-107 , 12-8-110 - 12-8-112 , 12-8-114 - 12-8-116 , 12-8-118 , 12-8-119 , 12-8-201 - 12-8-205 , 12-8-213 , and 12-12-103 , and funds, if any, appropriated for the communications equipment;

(4) Purchase, acquire, lease, lease-purchase, or rent, and receive bequests or donations of, or otherwise acquire, sell, trade, or barter any real, personal, or mixed property and convert such property into money or other property;

(5) Contract and be contracted with;

(6) Apply for, receive, accept, and use any moneys and property from the United States Government, any agency, any state or governmental body or political subdivision, any public or private corporation or organization of any nature, or any individual;

(7) Invest and reinvest any of its moneys in securities, obligations, banking arrangements, or investment agreements selected by the commission;

(8) Make and execute all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this subchapter;

(9) In connection with the acquisition and financing of the costs of communication equipment, employ attorneys, accountants, underwriters, and financial advisors and such other advisors, consultants, and agents as may be necessary in its judgment, and fix their compensation;

(10) Procure insurance against any loss in connection with its property and other assets, in such amounts and from such insurers as it may deem advisable, including the power to pay premiums on any such insurance;

(11) Procure insurance or guaranties from any public or private entities, including any department, agency, or instrumentality of the United States and to secure payment of any lease entered into under the authority of this subchapter, including the power to pay premiums on any such insurance or guaranty;

(12) Arrange for the use of such communications equipment by any federal, state, or local governmental agency or any other person, from time to time, as any of such communications equipment is not needed by the division and collect fees and charges, as the commission determines to be reasonable, in connection with the use of any communications equipment by any other person;

(13) Cooperate with and exchange services and information with any federal, state, or local governmental agency; and

(14) Take such other action, not inconsistent with law, as may be necessary, convenient, or desirable to carry out the powers, purposes, and authorities set forth in this subchapter and carry out the intent of this subchapter.

(b) All the powers, purposes, and authorities set forth in subsection (a) of this section, except those relating to the contracting for the lease, purchase, or lease-purchase of the communications equipment, may be carried out by the division.

Amended by Act 2019, No. 910,§ 5797, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5796, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5795, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5794, eff. 7/1/2019.

Acts 1985, No. 817, § 4; A.S.A. 1947, § 42-471; Acts 2005, No. 1962, § 25.
Ark. Code Ann. § 12-12-1117 — AR Code / Title 12 / Chapter 12 / Subchapter 11 / Section 12-12-1117
Injunctions
Status: in_force

The State Crime Laboratory or any other aggrieved individual or agency may institute an action in a court of competent jurisdiction against any person, agency, or organization to enjoin any criminal or noncriminal justice agency, organization, or individual from violating the provisions of this subchapter or to compel the agency, organization, or person to comply with the provisions of this subchapter. Acts 1997, No. 737, § 17.

The State Crime Laboratory or any other aggrieved individual or agency may institute an action in a court of competent jurisdiction against any person, agency, or organization to enjoin any criminal or noncriminal justice agency, organization, or individual from violating the provisions of this subchapter or to compel the agency, organization, or person to comply with the provisions of this subchapter.

Acts 1997, No. 737, § 17.
Ark. Code Ann. § 12-82-104 — AR Code / Title 12 / Chapter 82 / Section 12-82-104
State Emergency Response Commission
Status: in_force

(a) (1) The State Emergency Response Commission shall be composed of: (A) The executive heads of the Department of Health, the Division of Environmental Quality, the Division of Arkansas State Police, the Division of Emergency Management, the Division of Labor, the Arkansas Fire Training Academy, and the Arkansas Department of Transportation, and the Adjutant General, or their designated representatives; (B) One (1) individual representing the local emergency planning committees; (C) Two (2) individuals from regulated entities; (D) One (1) individual from an unregulated entity with knowledge of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.; and (E) One (1) private citizen to represent the public at large. (2) (A) The chair of the commission shall be elected by the members of the commission and shall serve for a two-year period. (B) (i) Each commission member designated in subdivisions (a)(1)(B)-(E) of this section shall serve for a term of four (4) years and shall serve at the pleasure of the Governor. (ii) The term of any member designated in subdivisions (a)(1)(B)-(E) of this section may be extended for a period of one (1) year to prevent the terms of all members from expiring in the same year. (b) The commission shall establish local emergency planning committees within the authorized and established local emergency services jurisdiction of the state as prescribed in §§ 12-75-101 - 12-75-129 . (c) Local emergency planning committee membership, functions, and duties shall be in accordance with the federal guidelines prescribed in the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq. (d) The commission may promulgate such rules and guidelines as deemed necessary or desirable: (1) For the training and certification of public emergency response and recovery personnel, as defined in this chapter; (2) To ensure compliance with the appropriate federal guidelines and law governing public emergency response and recovery personnel; and (3) To adequately administer the requirements of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq., in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (e) Any person who is denied training certification under this chapter may appeal such decision to the commission by notifying the commission in writing within fifteen (15) days after the denial of certification. Amended by Act 2019, No. 315,§ 975, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5912, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3029, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 22, eff. 8/1/2017. Acts 1993, No. 567, § 4; 1995, No. 626, § 1; 1999, No. 646, § 48; 1999, No. 1164, § 121.

(a) (1) The State Emergency Response Commission shall be composed of: (A) The executive heads of the Department of Health, the Division of Environmental Quality, the Division of Arkansas State Police, the Division of Emergency Management, the Division of Labor, the Arkansas Fire Training Academy, and the Arkansas Department of Transportation, and the Adjutant General, or their designated representatives; (B) One (1) individual representing the local emergency planning committees; (C) Two (2) individuals from regulated entities; (D) One (1) individual from an unregulated entity with knowledge of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.; and (E) One (1) private citizen to represent the public at large. (2) (A) The chair of the commission shall be elected by the members of the commission and shall serve for a two-year period. (B) (i) Each commission member designated in subdivisions (a)(1)(B)-(E) of this section shall serve for a term of four (4) years and shall serve at the pleasure of the Governor. (ii) The term of any member designated in subdivisions (a)(1)(B)-(E) of this section may be extended for a period of one (1) year to prevent the terms of all members from expiring in the same year.

(1) The State Emergency Response Commission shall be composed of: (A) The executive heads of the Department of Health, the Division of Environmental Quality, the Division of Arkansas State Police, the Division of Emergency Management, the Division of Labor, the Arkansas Fire Training Academy, and the Arkansas Department of Transportation, and the Adjutant General, or their designated representatives; (B) One (1) individual representing the local emergency planning committees; (C) Two (2) individuals from regulated entities; (D) One (1) individual from an unregulated entity with knowledge of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.; and (E) One (1) private citizen to represent the public at large.

(A) The executive heads of the Department of Health, the Division of Environmental Quality, the Division of Arkansas State Police, the Division of Emergency Management, the Division of Labor, the Arkansas Fire Training Academy, and the Arkansas Department of Transportation, and the Adjutant General, or their designated representatives;

(B) One (1) individual representing the local emergency planning committees;

(C) Two (2) individuals from regulated entities;

(D) One (1) individual from an unregulated entity with knowledge of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.; and

(E) One (1) private citizen to represent the public at large.

(2) (A) The chair of the commission shall be elected by the members of the commission and shall serve for a two-year period. (B) (i) Each commission member designated in subdivisions (a)(1)(B)-(E) of this section shall serve for a term of four (4) years and shall serve at the pleasure of the Governor. (ii) The term of any member designated in subdivisions (a)(1)(B)-(E) of this section may be extended for a period of one (1) year to prevent the terms of all members from expiring in the same year.

(A) The chair of the commission shall be elected by the members of the commission and shall serve for a two-year period.

(B) (i) Each commission member designated in subdivisions (a)(1)(B)-(E) of this section shall serve for a term of four (4) years and shall serve at the pleasure of the Governor. (ii) The term of any member designated in subdivisions (a)(1)(B)-(E) of this section may be extended for a period of one (1) year to prevent the terms of all members from expiring in the same year.

(i) Each commission member designated in subdivisions (a)(1)(B)-(E) of this section shall serve for a term of four (4) years and shall serve at the pleasure of the Governor.

(ii) The term of any member designated in subdivisions (a)(1)(B)-(E) of this section may be extended for a period of one (1) year to prevent the terms of all members from expiring in the same year.

(b) The commission shall establish local emergency planning committees within the authorized and established local emergency services jurisdiction of the state as prescribed in §§ 12-75-101 - 12-75-129 .

(c) Local emergency planning committee membership, functions, and duties shall be in accordance with the federal guidelines prescribed in the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq.

(d) The commission may promulgate such rules and guidelines as deemed necessary or desirable: (1) For the training and certification of public emergency response and recovery personnel, as defined in this chapter; (2) To ensure compliance with the appropriate federal guidelines and law governing public emergency response and recovery personnel; and (3) To adequately administer the requirements of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq., in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) For the training and certification of public emergency response and recovery personnel, as defined in this chapter;

(2) To ensure compliance with the appropriate federal guidelines and law governing public emergency response and recovery personnel; and

(3) To adequately administer the requirements of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. § 11001 et seq., in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(e) Any person who is denied training certification under this chapter may appeal such decision to the commission by notifying the commission in writing within fifteen (15) days after the denial of certification.

Amended by Act 2019, No. 315,§ 975, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5912, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3029, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 22, eff. 8/1/2017.

Acts 1993, No. 567, § 4; 1995, No. 626, § 1; 1999, No. 646, § 48; 1999, No. 1164, § 121.