Ark. Code Ann. § 12-41-308 — AR Code / Title 12 / Chapter 41 / Subchapter 3 / Section 12-41-308
Products of labor - Application
Status: in_force

(a) The product of all labor of the prisoners confined in the house of correction shall be applied, under the direction of the county courts, to the payment of the expenses of the persons so confined and such other expenses as may be necessarily incurred in improving and keeping the house and farm in repair. (b) If the product of labor of persons confined in the house of correction shall not be sufficient to defray the expenses indicated in subsection (a) of this section, then the deficit shall be supplied out of the county treasury in such manner as prisoners in the county jail are now supplied. (c) If the products of the labor of persons confined in the house of correction shall be more than sufficient to defray the expenses indicated in subsection (a) of this section, then the surplus of such products shall be disposed of under the direction of the county court, and the proceeds thereof shall be paid into the county treasury. Acts 1868, No. 27, §§ 15-17, p. 84; C. & M. Dig., §§ 1970-1972; Pope's Dig., §§ 2499-2501; A.S.A. 1947, §§ 46-615 -- 46-617.

(a) The product of all labor of the prisoners confined in the house of correction shall be applied, under the direction of the county courts, to the payment of the expenses of the persons so confined and such other expenses as may be necessarily incurred in improving and keeping the house and farm in repair.

(b) If the product of labor of persons confined in the house of correction shall not be sufficient to defray the expenses indicated in subsection (a) of this section, then the deficit shall be supplied out of the county treasury in such manner as prisoners in the county jail are now supplied.

(c) If the products of the labor of persons confined in the house of correction shall be more than sufficient to defray the expenses indicated in subsection (a) of this section, then the surplus of such products shall be disposed of under the direction of the county court, and the proceeds thereof shall be paid into the county treasury.

Acts 1868, No. 27, §§ 15-17, p. 84; C. & M. Dig., §§ 1970-1972; Pope's Dig., §§ 2499-2501; A.S.A. 1947, §§ 46-615 -- 46-617.
Ark. Code Ann. § 12-64-523 — AR Code / Title 12 / Chapter 64 / Subchapter 5 / Section 12-64-523
Convictions, sentences, etc. - Number of votes required
Status: in_force

(a) No person may be convicted of an offense except by the concurrence of three-fourths (3/4) of the members present at the time the vote is taken. (b) All sentences shall be determined by the concurrence of three-fourths (3/4) of the members present at the time that the vote is taken. (c) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. (d) (1) A tie vote on a challenge disqualifies the member challenged. (2) A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. (3) A tie vote on any other question is a determination in favor of the accused. Amended by Act 2019, No. 211,§ 17, eff. 2/26/2019. Acts 1969, No. 50, § 98; A.S.A. 1947, § 11-653.

(a) No person may be convicted of an offense except by the concurrence of three-fourths (3/4) of the members present at the time the vote is taken.

(b) All sentences shall be determined by the concurrence of three-fourths (3/4) of the members present at the time that the vote is taken.

(c) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote.

(d) (1) A tie vote on a challenge disqualifies the member challenged. (2) A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. (3) A tie vote on any other question is a determination in favor of the accused.

(1) A tie vote on a challenge disqualifies the member challenged.

(2) A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused.

(3) A tie vote on any other question is a determination in favor of the accused.

Amended by Act 2019, No. 211,§ 17, eff. 2/26/2019.

Acts 1969, No. 50, § 98; A.S.A. 1947, § 11-653.
Ark. Code Ann. § 12-6-301 — AR Code / Title 12 / Chapter 6 / Subchapter 3 / Section 12-6-301
Definitions
Status: in_force

As used in this subchapter: (1) "Arrest quota" means any requirement regarding the number of arrests made, or the number of citations issued, by a law enforcement officer or the proportion of such arrests made and citations issued by a law enforcement officer relative to the arrests made and citations issued by another law enforcement officer or group of officers; and (2) "Citation" means a notice to appear, notice of violation, or notice of parking violation. Acts 1995, No. 952, § 1.

As used in this subchapter:

(1) "Arrest quota" means any requirement regarding the number of arrests made, or the number of citations issued, by a law enforcement officer or the proportion of such arrests made and citations issued by a law enforcement officer relative to the arrests made and citations issued by another law enforcement officer or group of officers; and

(2) "Citation" means a notice to appear, notice of violation, or notice of parking violation.

Acts 1995, No. 952, § 1.
Ark. Code Ann. § 12-41-209 — AR Code / Title 12 / Chapter 41 / Subchapter 2 / Section 12-41-209
Service of process
Status: in_force

(a) (1) A person who is summoned to appear in the justice center under Arkansas law: (A) Is constructively present in Arkansas while that person is appearing under the summons in the part of the center in the other state; (B) Without extradition, may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense if that person is physically present in any part of the center or in Arkansas at the time of the prosecution; and (C) May be personally served with process in any part of the center for a proceeding in Arkansas. (2) A person who is summoned to appear in the center under the law of the other state: (A) Is constructively present in the other state while that person is appearing under the summons in the part of the center in Arkansas; (B) Without extradition, may not be arrested under Arkansas law in any part of the center for an offense against Arkansas law; and (C) May not be personally served with process in any part of the center for a proceeding in Arkansas. (b) (1) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be arrested in any part of the center for an offense against the law of the other state and prosecuted for that offense without extradition if that person is physically present in any part of the center or the other state at the time of the prosecution. (2) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be personally served with process in any part of the center for a proceeding in the other state. (c) (1) If a person in the center is constructively present in one (1) state under this section, the law of the state in which the person is not constructively present may be applied to that person only to the extent that such law would apply if the person were actually outside that state. (2) However, the law applicable to that person's conduct in the center is governed by § 12-41-206 , and whether extradition is required to arrest or prosecute that person for an offense committed in the center is governed by this section. Acts 1981, No. 696, § 8; A.S.A. 1947, § 46-1608.

(a) (1) A person who is summoned to appear in the justice center under Arkansas law: (A) Is constructively present in Arkansas while that person is appearing under the summons in the part of the center in the other state; (B) Without extradition, may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense if that person is physically present in any part of the center or in Arkansas at the time of the prosecution; and (C) May be personally served with process in any part of the center for a proceeding in Arkansas. (2) A person who is summoned to appear in the center under the law of the other state: (A) Is constructively present in the other state while that person is appearing under the summons in the part of the center in Arkansas; (B) Without extradition, may not be arrested under Arkansas law in any part of the center for an offense against Arkansas law; and (C) May not be personally served with process in any part of the center for a proceeding in Arkansas.

(1) A person who is summoned to appear in the justice center under Arkansas law: (A) Is constructively present in Arkansas while that person is appearing under the summons in the part of the center in the other state; (B) Without extradition, may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense if that person is physically present in any part of the center or in Arkansas at the time of the prosecution; and (C) May be personally served with process in any part of the center for a proceeding in Arkansas.

(A) Is constructively present in Arkansas while that person is appearing under the summons in the part of the center in the other state;

(B) Without extradition, may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense if that person is physically present in any part of the center or in Arkansas at the time of the prosecution; and

(C) May be personally served with process in any part of the center for a proceeding in Arkansas.

(2) A person who is summoned to appear in the center under the law of the other state: (A) Is constructively present in the other state while that person is appearing under the summons in the part of the center in Arkansas; (B) Without extradition, may not be arrested under Arkansas law in any part of the center for an offense against Arkansas law; and (C) May not be personally served with process in any part of the center for a proceeding in Arkansas.

(A) Is constructively present in the other state while that person is appearing under the summons in the part of the center in Arkansas;

(B) Without extradition, may not be arrested under Arkansas law in any part of the center for an offense against Arkansas law; and

(C) May not be personally served with process in any part of the center for a proceeding in Arkansas.

(b) (1) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be arrested in any part of the center for an offense against the law of the other state and prosecuted for that offense without extradition if that person is physically present in any part of the center or the other state at the time of the prosecution. (2) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be personally served with process in any part of the center for a proceeding in the other state.

(1) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be arrested in any part of the center for an offense against the law of the other state and prosecuted for that offense without extradition if that person is physically present in any part of the center or the other state at the time of the prosecution.

(2) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be personally served with process in any part of the center for a proceeding in the other state.

(c) (1) If a person in the center is constructively present in one (1) state under this section, the law of the state in which the person is not constructively present may be applied to that person only to the extent that such law would apply if the person were actually outside that state. (2) However, the law applicable to that person's conduct in the center is governed by § 12-41-206 , and whether extradition is required to arrest or prosecute that person for an offense committed in the center is governed by this section.

(1) If a person in the center is constructively present in one (1) state under this section, the law of the state in which the person is not constructively present may be applied to that person only to the extent that such law would apply if the person were actually outside that state.

(2) However, the law applicable to that person's conduct in the center is governed by § 12-41-206 , and whether extradition is required to arrest or prosecute that person for an offense committed in the center is governed by this section.

Acts 1981, No. 696, § 8; A.S.A. 1947, § 46-1608.
Ark. Code Ann. § 12-12-922 — AR Code / Title 12 / Chapter 12 / Subchapter 9 / Section 12-12-922
Alternative procedure for sexually dangerous person evaluations - Administrative review of assigned risk level
Status: in_force

(a) (1) The alternative procedure under this section may be used for sexually dangerous person evaluations if information that was not available to the court at the time of trial emerges in the course of a sex offender evaluation. (2) (A) Examiners qualified by the Sex Offender Assessment Committee shall include in the assessment of any sex offender convicted of a sex offense a review as to whether the frequency, repetition over time, severity of trauma to the victim, or established pattern of predatory behaviors suggests that the sex offender is likely to engage in future predatory sexual offenses. (B) If a mental abnormality or personality disorder is suspected, a licensed psychologist or psychiatrist qualified by the committee may conduct further assessment to determine the presence or absence of a mental abnormality or personality disorder. (C) If further assessment under subdivision (a)(2)(B) of this section is conducted by a licensed psychologist or psychiatrist qualified by the committee, the report of the further assessment shall be presented to the committee. (b) (1) (A) A sex offender may challenge an assigned risk level by submitting a written request for an administrative review. (B) As part of the request for an administrative review, the sex offender may request in writing copies of all documents generated by the examiners, a listing by document name and source of all documents that may be available from other agencies having custody of those documents, and a copy of the tape of the interview. (2) The request for an administrative review shall be made in accordance with instructions provided on the risk level notification and within fifteen (15) days of receipt of the advisement of risk level notification to the sex offender by certified mail and first-class mail. (3) (A) The basis of the request for administrative review shall be clearly stated and any documentary evidence attached. (B) The basis for administrative review is: (i) The rules and procedures were not properly followed in reaching a decision on the risk level of the sex offender; (ii) Documents or information not available at the time of assessment have a bearing on the risk that the sex offender poses to the community; or (iii) The assessment is not supported by substantial evidence. (4) Unless a request for an administrative review is received by the committee within twenty (20) days of postmark of the advisement of risk level notification sent to the sex offender sent by certified mail and first-class mail or delivered by personal service, an offender fact sheet shall be made available to law enforcement so that community notification may commence. Receipt of the advisement of risk level notification will be presumed within five (5) days of postmark of the advisement of risk level notification by both certified mail and first-class mail. (5) If a request for an administrative review is received by the committee, the local law enforcement agency having jurisdiction may make community notification at the level upon which administrative review has been requested. (6) (A) A member of the committee shall conduct the review and respond within thirty (30) days of receiving a request for an administrative review. (B) If additional time is needed to obtain facts, the committee shall notify the sex offender requesting the review. (7) (A) (i) The findings of the administrative review shall be sent to the sex offender by certified mail. Community notification at the risk level assigned in the administrative review shall commence five (5) calendar days after the postmark of the advisement of the findings of the administrative review. (ii) Upon receipt of the findings, the sex offender has thirty (30) days to file a petition under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for judicial review in the Pulaski County Circuit Court or in the circuit court of the county where the sex offender resides or does business. (B) The circuit court shall refuse to hear any appeal of an assigned risk level by a sex offender unless the circuit court finds that the administrative remedies available to the sex offender under this subsection have been exhausted. (8) (A) (i) A copy of the petition for judicial review shall be served on the executive secretary of the committee in accordance with the Arkansas Rules of Civil Procedure. (ii) When the petition for judicial review has been served on the executive secretary of the committee, a record of the committee's findings and copies of all records in its possession shall be furnished by the committee to the circuit court within thirty (30) days of service. (B) The committee may ask the circuit court to seal statements of victims, medical records, and other items that could place third parties at risk of harm. (9) A ruling by the circuit court on the petition for judicial review is considered a final judgment. Amended by Act 2013, No. 1129,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 505,§ 19, eff. 8/16/2013. Amended by Act 2013, No. 505,§ 18, eff. 8/16/2013. Acts 2003 (2nd Ex. Sess.), No. 21, § 12; 2005, No. 1962, § 39; 2006 (1st Ex. Sess.), No. 4, § 6; 2007, No. 394, § 10; 2011, No. 286, § 1.

(a) (1) The alternative procedure under this section may be used for sexually dangerous person evaluations if information that was not available to the court at the time of trial emerges in the course of a sex offender evaluation. (2) (A) Examiners qualified by the Sex Offender Assessment Committee shall include in the assessment of any sex offender convicted of a sex offense a review as to whether the frequency, repetition over time, severity of trauma to the victim, or established pattern of predatory behaviors suggests that the sex offender is likely to engage in future predatory sexual offenses. (B) If a mental abnormality or personality disorder is suspected, a licensed psychologist or psychiatrist qualified by the committee may conduct further assessment to determine the presence or absence of a mental abnormality or personality disorder. (C) If further assessment under subdivision (a)(2)(B) of this section is conducted by a licensed psychologist or psychiatrist qualified by the committee, the report of the further assessment shall be presented to the committee.

(1) The alternative procedure under this section may be used for sexually dangerous person evaluations if information that was not available to the court at the time of trial emerges in the course of a sex offender evaluation.

(2) (A) Examiners qualified by the Sex Offender Assessment Committee shall include in the assessment of any sex offender convicted of a sex offense a review as to whether the frequency, repetition over time, severity of trauma to the victim, or established pattern of predatory behaviors suggests that the sex offender is likely to engage in future predatory sexual offenses. (B) If a mental abnormality or personality disorder is suspected, a licensed psychologist or psychiatrist qualified by the committee may conduct further assessment to determine the presence or absence of a mental abnormality or personality disorder. (C) If further assessment under subdivision (a)(2)(B) of this section is conducted by a licensed psychologist or psychiatrist qualified by the committee, the report of the further assessment shall be presented to the committee.

(A) Examiners qualified by the Sex Offender Assessment Committee shall include in the assessment of any sex offender convicted of a sex offense a review as to whether the frequency, repetition over time, severity of trauma to the victim, or established pattern of predatory behaviors suggests that the sex offender is likely to engage in future predatory sexual offenses.

(B) If a mental abnormality or personality disorder is suspected, a licensed psychologist or psychiatrist qualified by the committee may conduct further assessment to determine the presence or absence of a mental abnormality or personality disorder.

(C) If further assessment under subdivision (a)(2)(B) of this section is conducted by a licensed psychologist or psychiatrist qualified by the committee, the report of the further assessment shall be presented to the committee.

(b) (1) (A) A sex offender may challenge an assigned risk level by submitting a written request for an administrative review. (B) As part of the request for an administrative review, the sex offender may request in writing copies of all documents generated by the examiners, a listing by document name and source of all documents that may be available from other agencies having custody of those documents, and a copy of the tape of the interview. (2) The request for an administrative review shall be made in accordance with instructions provided on the risk level notification and within fifteen (15) days of receipt of the advisement of risk level notification to the sex offender by certified mail and first-class mail. (3) (A) The basis of the request for administrative review shall be clearly stated and any documentary evidence attached. (B) The basis for administrative review is: (i) The rules and procedures were not properly followed in reaching a decision on the risk level of the sex offender; (ii) Documents or information not available at the time of assessment have a bearing on the risk that the sex offender poses to the community; or (iii) The assessment is not supported by substantial evidence. (4) Unless a request for an administrative review is received by the committee within twenty (20) days of postmark of the advisement of risk level notification sent to the sex offender sent by certified mail and first-class mail or delivered by personal service, an offender fact sheet shall be made available to law enforcement so that community notification may commence. Receipt of the advisement of risk level notification will be presumed within five (5) days of postmark of the advisement of risk level notification by both certified mail and first-class mail. (5) If a request for an administrative review is received by the committee, the local law enforcement agency having jurisdiction may make community notification at the level upon which administrative review has been requested. (6) (A) A member of the committee shall conduct the review and respond within thirty (30) days of receiving a request for an administrative review. (B) If additional time is needed to obtain facts, the committee shall notify the sex offender requesting the review. (7) (A) (i) The findings of the administrative review shall be sent to the sex offender by certified mail. Community notification at the risk level assigned in the administrative review shall commence five (5) calendar days after the postmark of the advisement of the findings of the administrative review. (ii) Upon receipt of the findings, the sex offender has thirty (30) days to file a petition under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for judicial review in the Pulaski County Circuit Court or in the circuit court of the county where the sex offender resides or does business. (B) The circuit court shall refuse to hear any appeal of an assigned risk level by a sex offender unless the circuit court finds that the administrative remedies available to the sex offender under this subsection have been exhausted. (8) (A) (i) A copy of the petition for judicial review shall be served on the executive secretary of the committee in accordance with the Arkansas Rules of Civil Procedure. (ii) When the petition for judicial review has been served on the executive secretary of the committee, a record of the committee's findings and copies of all records in its possession shall be furnished by the committee to the circuit court within thirty (30) days of service. (B) The committee may ask the circuit court to seal statements of victims, medical records, and other items that could place third parties at risk of harm. (9) A ruling by the circuit court on the petition for judicial review is considered a final judgment.

(1) (A) A sex offender may challenge an assigned risk level by submitting a written request for an administrative review. (B) As part of the request for an administrative review, the sex offender may request in writing copies of all documents generated by the examiners, a listing by document name and source of all documents that may be available from other agencies having custody of those documents, and a copy of the tape of the interview.

(A) A sex offender may challenge an assigned risk level by submitting a written request for an administrative review.

(B) As part of the request for an administrative review, the sex offender may request in writing copies of all documents generated by the examiners, a listing by document name and source of all documents that may be available from other agencies having custody of those documents, and a copy of the tape of the interview.

(2) The request for an administrative review shall be made in accordance with instructions provided on the risk level notification and within fifteen (15) days of receipt of the advisement of risk level notification to the sex offender by certified mail and first-class mail.

(3) (A) The basis of the request for administrative review shall be clearly stated and any documentary evidence attached. (B) The basis for administrative review is: (i) The rules and procedures were not properly followed in reaching a decision on the risk level of the sex offender; (ii) Documents or information not available at the time of assessment have a bearing on the risk that the sex offender poses to the community; or (iii) The assessment is not supported by substantial evidence.

(A) The basis of the request for administrative review shall be clearly stated and any documentary evidence attached.

(B) The basis for administrative review is: (i) The rules and procedures were not properly followed in reaching a decision on the risk level of the sex offender; (ii) Documents or information not available at the time of assessment have a bearing on the risk that the sex offender poses to the community; or (iii) The assessment is not supported by substantial evidence.

(i) The rules and procedures were not properly followed in reaching a decision on the risk level of the sex offender;

(ii) Documents or information not available at the time of assessment have a bearing on the risk that the sex offender poses to the community; or

(iii) The assessment is not supported by substantial evidence.

(4) Unless a request for an administrative review is received by the committee within twenty (20) days of postmark of the advisement of risk level notification sent to the sex offender sent by certified mail and first-class mail or delivered by personal service, an offender fact sheet shall be made available to law enforcement so that community notification may commence. Receipt of the advisement of risk level notification will be presumed within five (5) days of postmark of the advisement of risk level notification by both certified mail and first-class mail.

(5) If a request for an administrative review is received by the committee, the local law enforcement agency having jurisdiction may make community notification at the level upon which administrative review has been requested.

(6) (A) A member of the committee shall conduct the review and respond within thirty (30) days of receiving a request for an administrative review. (B) If additional time is needed to obtain facts, the committee shall notify the sex offender requesting the review.

(A) A member of the committee shall conduct the review and respond within thirty (30) days of receiving a request for an administrative review.

(B) If additional time is needed to obtain facts, the committee shall notify the sex offender requesting the review.

(7) (A) (i) The findings of the administrative review shall be sent to the sex offender by certified mail. Community notification at the risk level assigned in the administrative review shall commence five (5) calendar days after the postmark of the advisement of the findings of the administrative review. (ii) Upon receipt of the findings, the sex offender has thirty (30) days to file a petition under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for judicial review in the Pulaski County Circuit Court or in the circuit court of the county where the sex offender resides or does business. (B) The circuit court shall refuse to hear any appeal of an assigned risk level by a sex offender unless the circuit court finds that the administrative remedies available to the sex offender under this subsection have been exhausted.

(A) (i) The findings of the administrative review shall be sent to the sex offender by certified mail. Community notification at the risk level assigned in the administrative review shall commence five (5) calendar days after the postmark of the advisement of the findings of the administrative review. (ii) Upon receipt of the findings, the sex offender has thirty (30) days to file a petition under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for judicial review in the Pulaski County Circuit Court or in the circuit court of the county where the sex offender resides or does business.

(i) The findings of the administrative review shall be sent to the sex offender by certified mail. Community notification at the risk level assigned in the administrative review shall commence five (5) calendar days after the postmark of the advisement of the findings of the administrative review.

(ii) Upon receipt of the findings, the sex offender has thirty (30) days to file a petition under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for judicial review in the Pulaski County Circuit Court or in the circuit court of the county where the sex offender resides or does business.

(B) The circuit court shall refuse to hear any appeal of an assigned risk level by a sex offender unless the circuit court finds that the administrative remedies available to the sex offender under this subsection have been exhausted.

(8) (A) (i) A copy of the petition for judicial review shall be served on the executive secretary of the committee in accordance with the Arkansas Rules of Civil Procedure. (ii) When the petition for judicial review has been served on the executive secretary of the committee, a record of the committee's findings and copies of all records in its possession shall be furnished by the committee to the circuit court within thirty (30) days of service. (B) The committee may ask the circuit court to seal statements of victims, medical records, and other items that could place third parties at risk of harm.

(A) (i) A copy of the petition for judicial review shall be served on the executive secretary of the committee in accordance with the Arkansas Rules of Civil Procedure. (ii) When the petition for judicial review has been served on the executive secretary of the committee, a record of the committee's findings and copies of all records in its possession shall be furnished by the committee to the circuit court within thirty (30) days of service.

(i) A copy of the petition for judicial review shall be served on the executive secretary of the committee in accordance with the Arkansas Rules of Civil Procedure.

(ii) When the petition for judicial review has been served on the executive secretary of the committee, a record of the committee's findings and copies of all records in its possession shall be furnished by the committee to the circuit court within thirty (30) days of service.

(B) The committee may ask the circuit court to seal statements of victims, medical records, and other items that could place third parties at risk of harm.

(9) A ruling by the circuit court on the petition for judicial review is considered a final judgment.

Amended by Act 2013, No. 1129,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 505,§ 19, eff. 8/16/2013.

Amended by Act 2013, No. 505,§ 18, eff. 8/16/2013.

Acts 2003 (2nd Ex. Sess.), No. 21, § 12; 2005, No. 1962, § 39; 2006 (1st Ex. Sess.), No. 4, § 6; 2007, No. 394, § 10; 2011, No. 286, § 1.
Ark. Code Ann. § 12-8-202 — AR Code / Title 12 / Chapter 8 / Subchapter 2 / Section 12-8-202
Qualifications of members
Status: in_force

(a) (1) (A) All applicants for positions as police officers of the Department of Arkansas State Police shall be citizens of the United States. (B) However, the applicants must become citizens of the State of Arkansas in order to commence employment. (2) Any applicant shall be employed strictly upon an efficiency basis irrespective of race, gender, religion, or political affiliation. (b) No person shall be eligible for a position as a commissioned member of the department who: (1) Has been convicted of a felony in any state or federal court; (2) Is prohibited by state or federal law from possessing a weapon; or (3) Is known to be a person of immoral character. (c) Police officers of the department shall not be appointed as patronage or political favor. Acts 1945, No. 231, § 6; A.S.A. 1947, § 42-406; Acts 1997, No. 380, § 1; 2001, No. 1697, § 10.

(a) (1) (A) All applicants for positions as police officers of the Department of Arkansas State Police shall be citizens of the United States. (B) However, the applicants must become citizens of the State of Arkansas in order to commence employment. (2) Any applicant shall be employed strictly upon an efficiency basis irrespective of race, gender, religion, or political affiliation.

(1) (A) All applicants for positions as police officers of the Department of Arkansas State Police shall be citizens of the United States. (B) However, the applicants must become citizens of the State of Arkansas in order to commence employment.

(A) All applicants for positions as police officers of the Department of Arkansas State Police shall be citizens of the United States.

(B) However, the applicants must become citizens of the State of Arkansas in order to commence employment.

(2) Any applicant shall be employed strictly upon an efficiency basis irrespective of race, gender, religion, or political affiliation.

(b) No person shall be eligible for a position as a commissioned member of the department who: (1) Has been convicted of a felony in any state or federal court; (2) Is prohibited by state or federal law from possessing a weapon; or (3) Is known to be a person of immoral character.

(1) Has been convicted of a felony in any state or federal court;

(2) Is prohibited by state or federal law from possessing a weapon; or

(3) Is known to be a person of immoral character.

(c) Police officers of the department shall not be appointed as patronage or political favor.

Acts 1945, No. 231, § 6; A.S.A. 1947, § 42-406; Acts 1997, No. 380, § 1; 2001, No. 1697, § 10.
Ark. Code Ann. § 12-62-711 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-711
Duration of stay
Status: in_force

(a) Any stay of an action, proceeding, attachment, or execution ordered by any court under this subchapter may be ordered for the period of military service, plus sixty (60) days after its termination or any part of that time period. (b) Where the service member in military service is a codefendant with others, the plaintiff, with leave of the court, may proceed against the others. Acts 2003, No. 1003, § 11.

(a) Any stay of an action, proceeding, attachment, or execution ordered by any court under this subchapter may be ordered for the period of military service, plus sixty (60) days after its termination or any part of that time period.

(b) Where the service member in military service is a codefendant with others, the plaintiff, with leave of the court, may proceed against the others.

Acts 2003, No. 1003, § 11.
Ark. Code Ann. § 12-62-704 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-704
Applicability - Definition
Status: in_force

(a) As used in this subchapter, "primary residence" means the place of abode leased by a soldier, an airman, or the spouse of a soldier or airman: (1) That the soldier, airman, or spouse of the soldier or airman has listed as his or her primary residence in the Army Military Human Resource Record, the Military Personnel Data System, or any other official military system of record; or (2) For which rent is paid using the housing allowance issued to the soldier or airman by the Arkansas National Guard. (b) This subchapter and the benefits of this subchapter apply to and may be claimed by a soldier, an airman, or the spouse of a soldier or airman of the Arkansas National Guard who meets one (1) of the following requirements: (1) The soldier or airman is ordered into the active military service of the State of Arkansas by the Governor under state law for a period of more than one hundred eighty (180) continuous days; (2) The soldier or airman is ordered into the active military service of the State of Arkansas by the Governor under the provisions of Title 32, United States Code, for a period of more than one hundred eighty (180) continuous days; (3) The soldier or airman is ordered into active duty by the Governor under state law or under Title 32 of the United States Code for any period of time as a direct result of the execution of an Emergency Management Assistance Compact or proclamation by the Governor; or (4) For purposes of § 12-62-705 , the soldier or airman is: (A) Assigned to a permanent change of duty station that is located more than fifty (50) miles from his or her primary residence; or (B) Discharged or released from active military service: (i) After at least one hundred eighty (180) continuous days of active military duty; and (ii) Under honorable conditions. Amended by Act 2021, No. 155,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 462,§ 13, eff. 7/24/2019. Acts 2003, No. 1003, § 4.

(a) As used in this subchapter, "primary residence" means the place of abode leased by a soldier, an airman, or the spouse of a soldier or airman: (1) That the soldier, airman, or spouse of the soldier or airman has listed as his or her primary residence in the Army Military Human Resource Record, the Military Personnel Data System, or any other official military system of record; or (2) For which rent is paid using the housing allowance issued to the soldier or airman by the Arkansas National Guard.

(1) That the soldier, airman, or spouse of the soldier or airman has listed as his or her primary residence in the Army Military Human Resource Record, the Military Personnel Data System, or any other official military system of record; or

(2) For which rent is paid using the housing allowance issued to the soldier or airman by the Arkansas National Guard.

(b) This subchapter and the benefits of this subchapter apply to and may be claimed by a soldier, an airman, or the spouse of a soldier or airman of the Arkansas National Guard who meets one (1) of the following requirements: (1) The soldier or airman is ordered into the active military service of the State of Arkansas by the Governor under state law for a period of more than one hundred eighty (180) continuous days; (2) The soldier or airman is ordered into the active military service of the State of Arkansas by the Governor under the provisions of Title 32, United States Code, for a period of more than one hundred eighty (180) continuous days; (3) The soldier or airman is ordered into active duty by the Governor under state law or under Title 32 of the United States Code for any period of time as a direct result of the execution of an Emergency Management Assistance Compact or proclamation by the Governor; or (4) For purposes of § 12-62-705 , the soldier or airman is: (A) Assigned to a permanent change of duty station that is located more than fifty (50) miles from his or her primary residence; or (B) Discharged or released from active military service: (i) After at least one hundred eighty (180) continuous days of active military duty; and (ii) Under honorable conditions.

(1) The soldier or airman is ordered into the active military service of the State of Arkansas by the Governor under state law for a period of more than one hundred eighty (180) continuous days;

(2) The soldier or airman is ordered into the active military service of the State of Arkansas by the Governor under the provisions of Title 32, United States Code, for a period of more than one hundred eighty (180) continuous days;

(3) The soldier or airman is ordered into active duty by the Governor under state law or under Title 32 of the United States Code for any period of time as a direct result of the execution of an Emergency Management Assistance Compact or proclamation by the Governor; or

(4) For purposes of § 12-62-705 , the soldier or airman is: (A) Assigned to a permanent change of duty station that is located more than fifty (50) miles from his or her primary residence; or (B) Discharged or released from active military service: (i) After at least one hundred eighty (180) continuous days of active military duty; and (ii) Under honorable conditions.

(A) Assigned to a permanent change of duty station that is located more than fifty (50) miles from his or her primary residence; or

(B) Discharged or released from active military service: (i) After at least one hundred eighty (180) continuous days of active military duty; and (ii) Under honorable conditions.

(i) After at least one hundred eighty (180) continuous days of active military duty; and

(ii) Under honorable conditions.

Amended by Act 2021, No. 155,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 462,§ 13, eff. 7/24/2019.

Acts 2003, No. 1003, § 4.
Ark. Code Ann. § 12-61-202 — AR Code / Title 12 / Chapter 61 / Subchapter 2 / Section 12-61-202
Army National Guard
Status: in_force

The land force of the organized militia shall be the Army National Guard as contemplated under the laws of the United States and shall comprise the army units which are a part of the Arkansas National Guard on February 12, 1969, and such other army units as may be allocated, accepted, and organized thereafter, including the personnel who are enlisted, appointed, or commissioned therein, provided that all persons who are members of the Army National Guard shall be federally recognized as such. Acts 1969, No. 50, § 22; A.S.A. 1947, § 11-202.

The land force of the organized militia shall be the Army National Guard as contemplated under the laws of the United States and shall comprise the army units which are a part of the Arkansas National Guard on February 12, 1969, and such other army units as may be allocated, accepted, and organized thereafter, including the personnel who are enlisted, appointed, or commissioned therein, provided that all persons who are members of the Army National Guard shall be federally recognized as such.

Acts 1969, No. 50, § 22; A.S.A. 1947, § 11-202.
Ark. Code Ann. § 12-29-201 — AR Code / Title 12 / Chapter 29 / Subchapter 2 / Section 12-29-201
Meritorious good time
Status: in_force

(a) An inmate may be entitled to meritorious good time reducing his or her transfer eligibility date up to thirty (30) days for each month incarcerated after imposition of sentence in one (1) of the units, facilities, and centers maintained by the Division of Correction or the Division of Community Correction. (b) An inmate transferred or paroled to the supervision of the Division of Community Correction under § 16-93-615 may receive meritorious good time reducing his or her time of transfer or parole supervision up to thirty (30) days for each month he or she is under the supervision of the Division of Community Correction. (c) Meritorious good time shall be allocated under rules promulgated by the Board of Corrections and administered by the respective Division of Correction or Division of Community Correction staff subject to the provisions of this subchapter for good discipline, behavior, work practices, job responsibilities, and involvement in rehabilitative activities while in the custody or under the supervision of the Division of Correction or the Division of Community Correction. (d) Meritorious good time will not be applied to reduce the length of a sentence. (e) (1) Meritorious good time shall apply to an inmate's transfer eligibility date from the Division of Correction or a community correction facility. (2) Meritorious good time shall under no circumstances reduce an inmate's time served in prison by more than one-half (1/2) of the percentage required by law for transfer eligibility. (3) Meritorious good time shall under no circumstances reduce an inmate's confinement in a community correction facility by more than one-half (1/2). (f) (1) The Division of Correction or the Division of Community Correction shall determine a date on which the inmate who has acquired the maximum amount of meritorious good time necessary is to be administratively transferred to a less restrictive placement or supervision level within the Division of Community Correction. (2) This date will be determined in accordance with the policies developed by the Arkansas Sentencing Commission within the parameters allowed by law. (g) (1) Inmates under sentence of death or life imprisonment without parole shall not be eligible for meritorious good time under this subchapter but may be pardoned or have their sentences commuted by the Governor, as provided by law. (2) Inmates sentenced to life imprisonment shall not receive meritorious good time calculated on their sentences unless the sentence is commuted to a term of years by executive clemency. (3) Upon commutation, the inmate shall be eligible to receive meritorious good time at the rate established by this subchapter. Amended by Act 2019, No. 315,§ 896, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 793, eff. 7/1/2019. Acts 1993, No. 536, §§ 1, 2; 1993, No. 558, §§ 1, 2; 2003, No. 1005, § 1; 2011, No. 570, § 73.

(a) An inmate may be entitled to meritorious good time reducing his or her transfer eligibility date up to thirty (30) days for each month incarcerated after imposition of sentence in one (1) of the units, facilities, and centers maintained by the Division of Correction or the Division of Community Correction.

(b) An inmate transferred or paroled to the supervision of the Division of Community Correction under § 16-93-615 may receive meritorious good time reducing his or her time of transfer or parole supervision up to thirty (30) days for each month he or she is under the supervision of the Division of Community Correction.

(c) Meritorious good time shall be allocated under rules promulgated by the Board of Corrections and administered by the respective Division of Correction or Division of Community Correction staff subject to the provisions of this subchapter for good discipline, behavior, work practices, job responsibilities, and involvement in rehabilitative activities while in the custody or under the supervision of the Division of Correction or the Division of Community Correction.

(d) Meritorious good time will not be applied to reduce the length of a sentence.

(e) (1) Meritorious good time shall apply to an inmate's transfer eligibility date from the Division of Correction or a community correction facility. (2) Meritorious good time shall under no circumstances reduce an inmate's time served in prison by more than one-half (1/2) of the percentage required by law for transfer eligibility. (3) Meritorious good time shall under no circumstances reduce an inmate's confinement in a community correction facility by more than one-half (1/2).

(1) Meritorious good time shall apply to an inmate's transfer eligibility date from the Division of Correction or a community correction facility.

(2) Meritorious good time shall under no circumstances reduce an inmate's time served in prison by more than one-half (1/2) of the percentage required by law for transfer eligibility.

(3) Meritorious good time shall under no circumstances reduce an inmate's confinement in a community correction facility by more than one-half (1/2).

(f) (1) The Division of Correction or the Division of Community Correction shall determine a date on which the inmate who has acquired the maximum amount of meritorious good time necessary is to be administratively transferred to a less restrictive placement or supervision level within the Division of Community Correction. (2) This date will be determined in accordance with the policies developed by the Arkansas Sentencing Commission within the parameters allowed by law.

(1) The Division of Correction or the Division of Community Correction shall determine a date on which the inmate who has acquired the maximum amount of meritorious good time necessary is to be administratively transferred to a less restrictive placement or supervision level within the Division of Community Correction.

(2) This date will be determined in accordance with the policies developed by the Arkansas Sentencing Commission within the parameters allowed by law.

(g) (1) Inmates under sentence of death or life imprisonment without parole shall not be eligible for meritorious good time under this subchapter but may be pardoned or have their sentences commuted by the Governor, as provided by law. (2) Inmates sentenced to life imprisonment shall not receive meritorious good time calculated on their sentences unless the sentence is commuted to a term of years by executive clemency. (3) Upon commutation, the inmate shall be eligible to receive meritorious good time at the rate established by this subchapter.

(1) Inmates under sentence of death or life imprisonment without parole shall not be eligible for meritorious good time under this subchapter but may be pardoned or have their sentences commuted by the Governor, as provided by law.

(2) Inmates sentenced to life imprisonment shall not receive meritorious good time calculated on their sentences unless the sentence is commuted to a term of years by executive clemency.

(3) Upon commutation, the inmate shall be eligible to receive meritorious good time at the rate established by this subchapter.

Amended by Act 2019, No. 315,§ 896, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 793, eff. 7/1/2019.

Acts 1993, No. 536, §§ 1, 2; 1993, No. 558, §§ 1, 2; 2003, No. 1005, § 1; 2011, No. 570, § 73.
Ark. Code Ann. § 12-18-701 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-701
Generally
Status: in_force

(a) The agency responsible for an investigation under this chapter shall make a complete written report at the conclusion of the investigation. (b) The report of the investigation shall include the following information: (1) The names and addresses of the child and his or her legal parents and other caretakers of the child, if known; (2) The child's age, sex, and race; (3) The nature and extent of the child's present and past injuries; (4) The investigative determination; (5) The nature and extent of the child maltreatment, including any evidence of previous injuries or child maltreatment to the child or his or her siblings; (6) The name and address of the person responsible for the injuries or child maltreatment, if known; (7) Services offered and accepted; (8) Family composition; (9) The source of the notification; and (10) The person making the notification, his or her occupation, and where he or she can be reached. (c) The agency responsible for the investigation shall immediately provide the Department of Human Services at no cost a copy of the written report and any information gathered during the course of the investigation, including statements from witnesses and transcripts of interviews. (d) All information gathered during the course of the investigation shall be contained in the file of the department whether or not the information supports the investigative determination. (e) (1) The department shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, the information shall be disclosed to the prosecuting attorney or law enforcement officers on request. (f) The report, exclusive of information identifying the person making the notification, shall be admissible in evidence in any proceeding related to child maltreatment. (g) Notwithstanding any provision of the Arkansas Rules of Evidence, any privilege between a minister and any person confessing to or being counseled by the minister shall not constitute grounds for excluding evidence at any dependency-neglect proceeding or proceedings involving custody of a child. Amended by Act 2015, No. 1026,§ 10, eff. 7/22/2015. Acts 2009, No. 749, § 1.

(a) The agency responsible for an investigation under this chapter shall make a complete written report at the conclusion of the investigation.

(b) The report of the investigation shall include the following information: (1) The names and addresses of the child and his or her legal parents and other caretakers of the child, if known; (2) The child's age, sex, and race; (3) The nature and extent of the child's present and past injuries; (4) The investigative determination; (5) The nature and extent of the child maltreatment, including any evidence of previous injuries or child maltreatment to the child or his or her siblings; (6) The name and address of the person responsible for the injuries or child maltreatment, if known; (7) Services offered and accepted; (8) Family composition; (9) The source of the notification; and (10) The person making the notification, his or her occupation, and where he or she can be reached.

(1) The names and addresses of the child and his or her legal parents and other caretakers of the child, if known;

(2) The child's age, sex, and race;

(3) The nature and extent of the child's present and past injuries;

(4) The investigative determination;

(5) The nature and extent of the child maltreatment, including any evidence of previous injuries or child maltreatment to the child or his or her siblings;

(6) The name and address of the person responsible for the injuries or child maltreatment, if known;

(7) Services offered and accepted;

(8) Family composition;

(9) The source of the notification; and

(10) The person making the notification, his or her occupation, and where he or she can be reached.

(c) The agency responsible for the investigation shall immediately provide the Department of Human Services at no cost a copy of the written report and any information gathered during the course of the investigation, including statements from witnesses and transcripts of interviews.

(d) All information gathered during the course of the investigation shall be contained in the file of the department whether or not the information supports the investigative determination.

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

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

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

(f) The report, exclusive of information identifying the person making the notification, shall be admissible in evidence in any proceeding related to child maltreatment.

(g) Notwithstanding any provision of the Arkansas Rules of Evidence, any privilege between a minister and any person confessing to or being counseled by the minister shall not constitute grounds for excluding evidence at any dependency-neglect proceeding or proceedings involving custody of a child.

Amended by Act 2015, No. 1026,§ 10, eff. 7/22/2015.

Acts 2009, No. 749, § 1.
Ark. Code Ann. § 12-27-105 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-105
Board's powers and duties
Status: in_force

(a) The purpose of the Board of Corrections is to manage correctional resources in the state such that offenders are held accountable for their actions, victims' needs are addressed in a positive manner, and the safety of society is enhanced. (b) In furtherance of its purpose, the Board of Corrections shall have the following powers and duties: (1) (A) General supervisory power and control over the Division of Correction and the Division of Community Correction and shall perform all functions with respect to the management and control of the adult correctional institutions and community correction options of this state contemplated by Arkansas Constitution, Amendment 33. (B) No provision of this act shall abridge, diminish, or curtail in any respect the authority vested in the Board of Corrections as the successor to the State Penitentiary Board and the Arkansas Adult Probation Commission to govern and supervise the administration of the state penal institutions and community correction options; (2) To coordinate resources for the corrections system, in conjunction with sentencing policy developed by the Arkansas Sentencing Commission, in a fashion that best serves the needs of the state, the entities encompassed, and the individuals served by and affected by corrections; (3) To review and approve budgets submitted by the Division of Correction and the Division of Community Correction prior to submission for executive and legislative approval; (4) To develop and approve policy and management decisions for the Division of Correction and the Division of Community Correction, evaluating their impact on corrections as a whole; (5) To assist in the development of impact statements and recommendations on all existing and proposed legislation with regard to its effect on corrections as a whole, in cooperation and coordination with the commission; (6) To coordinate the implementation and continued utilization of community correction options in support of sentencing policies developed by the commission; (7) To investigate, monitor, and address the needs of the state for adequate housing, treatment, and employment of individuals involved in state-funded correctional programs, facilities, and states of supervision; (8) To establish programs of research, statistics, and planning, including studies and evaluation of the performance of the various functions and activities of the Board of Corrections, in cooperation and coordination with the commission; (9) Appoint temporary or permanent advisory committees for such purposes as it may determine; (10) (A) Authorized and empowered to investigate, consider, and determine the needs of the state for adequately housing, treating, and employing prisoners of the state and to provide adequate facilities for such housing, treatment, and employment. (B) The Board of Corrections is authorized and empowered to obtain and approve plans and specifications for the necessary buildings and plants to meet such needs and to provide for the construction and equipment of such buildings and plants; (11) By and with the advice and approval of the Governor, at its discretion to close the operation of any penal institution if it deems such action necessary and more economical; (12) To establish minimum standards for supervision, contact, programming, housing, and employee hiring within the parameters of those divisions encompassed under its control; (13) To establish a code of ethics for all employees, both institutional and community correction; (14) To require and review annual audits of appropriate programs and facilities associated with the Board of Corrections; (15) To prescribe the duties of all personnel of the Division of Correction and the Division of Community Correction and the rules governing the transfer of employees within each division and between divisions; (16) Authorized to review, approve, make application for, and accept grants, gifts, and funds from any entity on behalf of any entity encompassed within the control of the Board of Corrections in carrying out and completing such projects as may be approved for the enumerated purposes and projects of this section; (17) (A) Authorized to establish fees to be levied by the courts and paid by probationers during the probationary period. (B) The Board of Corrections may also establish fees found necessary for participation in any community correction program or service. (C) The payment of such sanctions and fees may be a condition of probation, parole, post-release supervision, post-prison transfer, or attached to admission and participation in a community correction program. (D) The moneys collected shall be deposited into an earmarked account at the state level to be used solely for the continuation and expansion of community correction in this state. (E) Economic sanction officers are to be authorized by the Division of Community Correction to perform these duties pursuant to policies and procedures adopted by the Board of Corrections and in accord with any state statutory accounting requirements; and (18) To delegate duties to Board of Corrections staff and division staff as necessary and appropriate to fulfill its responsibilities to the state. Amended by Act 2023, No. 659,§ 77, eff. 1/1/2024. Amended by Act 2019, No. 315,§ 881, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 738, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 737, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 736, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 735, eff. 7/1/2019. Amended by Act 2013, No. 1277,§ 2, eff. 8/16/2013. Acts 1933, No. 30, § 28; Pope's Dig., §§ 12695, 12775, 12776; Acts 1937, No. 140, §§ 2, 3; 1945, No. 13, §§ 2, 3; 1968 (1st Ex. Sess.), No. 50, § 2; 1975, No. 378, § 12; A.S.A. 1947, §§ 46-101, 46-108 -- 46-110; Acts 1993, No. 549, § 4.

(a) The purpose of the Board of Corrections is to manage correctional resources in the state such that offenders are held accountable for their actions, victims' needs are addressed in a positive manner, and the safety of society is enhanced.

(b) In furtherance of its purpose, the Board of Corrections shall have the following powers and duties: (1) (A) General supervisory power and control over the Division of Correction and the Division of Community Correction and shall perform all functions with respect to the management and control of the adult correctional institutions and community correction options of this state contemplated by Arkansas Constitution, Amendment 33. (B) No provision of this act shall abridge, diminish, or curtail in any respect the authority vested in the Board of Corrections as the successor to the State Penitentiary Board and the Arkansas Adult Probation Commission to govern and supervise the administration of the state penal institutions and community correction options; (2) To coordinate resources for the corrections system, in conjunction with sentencing policy developed by the Arkansas Sentencing Commission, in a fashion that best serves the needs of the state, the entities encompassed, and the individuals served by and affected by corrections; (3) To review and approve budgets submitted by the Division of Correction and the Division of Community Correction prior to submission for executive and legislative approval; (4) To develop and approve policy and management decisions for the Division of Correction and the Division of Community Correction, evaluating their impact on corrections as a whole; (5) To assist in the development of impact statements and recommendations on all existing and proposed legislation with regard to its effect on corrections as a whole, in cooperation and coordination with the commission; (6) To coordinate the implementation and continued utilization of community correction options in support of sentencing policies developed by the commission; (7) To investigate, monitor, and address the needs of the state for adequate housing, treatment, and employment of individuals involved in state-funded correctional programs, facilities, and states of supervision; (8) To establish programs of research, statistics, and planning, including studies and evaluation of the performance of the various functions and activities of the Board of Corrections, in cooperation and coordination with the commission; (9) Appoint temporary or permanent advisory committees for such purposes as it may determine; (10) (A) Authorized and empowered to investigate, consider, and determine the needs of the state for adequately housing, treating, and employing prisoners of the state and to provide adequate facilities for such housing, treatment, and employment. (B) The Board of Corrections is authorized and empowered to obtain and approve plans and specifications for the necessary buildings and plants to meet such needs and to provide for the construction and equipment of such buildings and plants; (11) By and with the advice and approval of the Governor, at its discretion to close the operation of any penal institution if it deems such action necessary and more economical; (12) To establish minimum standards for supervision, contact, programming, housing, and employee hiring within the parameters of those divisions encompassed under its control; (13) To establish a code of ethics for all employees, both institutional and community correction; (14) To require and review annual audits of appropriate programs and facilities associated with the Board of Corrections; (15) To prescribe the duties of all personnel of the Division of Correction and the Division of Community Correction and the rules governing the transfer of employees within each division and between divisions; (16) Authorized to review, approve, make application for, and accept grants, gifts, and funds from any entity on behalf of any entity encompassed within the control of the Board of Corrections in carrying out and completing such projects as may be approved for the enumerated purposes and projects of this section; (17) (A) Authorized to establish fees to be levied by the courts and paid by probationers during the probationary period. (B) The Board of Corrections may also establish fees found necessary for participation in any community correction program or service. (C) The payment of such sanctions and fees may be a condition of probation, parole, post-release supervision, post-prison transfer, or attached to admission and participation in a community correction program. (D) The moneys collected shall be deposited into an earmarked account at the state level to be used solely for the continuation and expansion of community correction in this state. (E) Economic sanction officers are to be authorized by the Division of Community Correction to perform these duties pursuant to policies and procedures adopted by the Board of Corrections and in accord with any state statutory accounting requirements; and (18) To delegate duties to Board of Corrections staff and division staff as necessary and appropriate to fulfill its responsibilities to the state.

(1) (A) General supervisory power and control over the Division of Correction and the Division of Community Correction and shall perform all functions with respect to the management and control of the adult correctional institutions and community correction options of this state contemplated by Arkansas Constitution, Amendment 33. (B) No provision of this act shall abridge, diminish, or curtail in any respect the authority vested in the Board of Corrections as the successor to the State Penitentiary Board and the Arkansas Adult Probation Commission to govern and supervise the administration of the state penal institutions and community correction options;

(A) General supervisory power and control over the Division of Correction and the Division of Community Correction and shall perform all functions with respect to the management and control of the adult correctional institutions and community correction options of this state contemplated by Arkansas Constitution, Amendment 33.

(B) No provision of this act shall abridge, diminish, or curtail in any respect the authority vested in the Board of Corrections as the successor to the State Penitentiary Board and the Arkansas Adult Probation Commission to govern and supervise the administration of the state penal institutions and community correction options;

(2) To coordinate resources for the corrections system, in conjunction with sentencing policy developed by the Arkansas Sentencing Commission, in a fashion that best serves the needs of the state, the entities encompassed, and the individuals served by and affected by corrections;

(3) To review and approve budgets submitted by the Division of Correction and the Division of Community Correction prior to submission for executive and legislative approval;

(4) To develop and approve policy and management decisions for the Division of Correction and the Division of Community Correction, evaluating their impact on corrections as a whole;

(5) To assist in the development of impact statements and recommendations on all existing and proposed legislation with regard to its effect on corrections as a whole, in cooperation and coordination with the commission;

(6) To coordinate the implementation and continued utilization of community correction options in support of sentencing policies developed by the commission;

(7) To investigate, monitor, and address the needs of the state for adequate housing, treatment, and employment of individuals involved in state-funded correctional programs, facilities, and states of supervision;

(8) To establish programs of research, statistics, and planning, including studies and evaluation of the performance of the various functions and activities of the Board of Corrections, in cooperation and coordination with the commission;

(9) Appoint temporary or permanent advisory committees for such purposes as it may determine;

(10) (A) Authorized and empowered to investigate, consider, and determine the needs of the state for adequately housing, treating, and employing prisoners of the state and to provide adequate facilities for such housing, treatment, and employment. (B) The Board of Corrections is authorized and empowered to obtain and approve plans and specifications for the necessary buildings and plants to meet such needs and to provide for the construction and equipment of such buildings and plants;

(A) Authorized and empowered to investigate, consider, and determine the needs of the state for adequately housing, treating, and employing prisoners of the state and to provide adequate facilities for such housing, treatment, and employment.

(B) The Board of Corrections is authorized and empowered to obtain and approve plans and specifications for the necessary buildings and plants to meet such needs and to provide for the construction and equipment of such buildings and plants;

(11) By and with the advice and approval of the Governor, at its discretion to close the operation of any penal institution if it deems such action necessary and more economical;

(12) To establish minimum standards for supervision, contact, programming, housing, and employee hiring within the parameters of those divisions encompassed under its control;

(13) To establish a code of ethics for all employees, both institutional and community correction;

(14) To require and review annual audits of appropriate programs and facilities associated with the Board of Corrections;

(15) To prescribe the duties of all personnel of the Division of Correction and the Division of Community Correction and the rules governing the transfer of employees within each division and between divisions;

(16) Authorized to review, approve, make application for, and accept grants, gifts, and funds from any entity on behalf of any entity encompassed within the control of the Board of Corrections in carrying out and completing such projects as may be approved for the enumerated purposes and projects of this section;

(17) (A) Authorized to establish fees to be levied by the courts and paid by probationers during the probationary period. (B) The Board of Corrections may also establish fees found necessary for participation in any community correction program or service. (C) The payment of such sanctions and fees may be a condition of probation, parole, post-release supervision, post-prison transfer, or attached to admission and participation in a community correction program. (D) The moneys collected shall be deposited into an earmarked account at the state level to be used solely for the continuation and expansion of community correction in this state. (E) Economic sanction officers are to be authorized by the Division of Community Correction to perform these duties pursuant to policies and procedures adopted by the Board of Corrections and in accord with any state statutory accounting requirements; and

(A) Authorized to establish fees to be levied by the courts and paid by probationers during the probationary period.

(B) The Board of Corrections may also establish fees found necessary for participation in any community correction program or service.

(C) The payment of such sanctions and fees may be a condition of probation, parole, post-release supervision, post-prison transfer, or attached to admission and participation in a community correction program.

(D) The moneys collected shall be deposited into an earmarked account at the state level to be used solely for the continuation and expansion of community correction in this state.

(E) Economic sanction officers are to be authorized by the Division of Community Correction to perform these duties pursuant to policies and procedures adopted by the Board of Corrections and in accord with any state statutory accounting requirements; and

(18) To delegate duties to Board of Corrections staff and division staff as necessary and appropriate to fulfill its responsibilities to the state.

Amended by Act 2023, No. 659,§ 77, eff. 1/1/2024.

Amended by Act 2019, No. 315,§ 881, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 738, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 737, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 736, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 735, eff. 7/1/2019.

Amended by Act 2013, No. 1277,§ 2, eff. 8/16/2013.

Acts 1933, No. 30, § 28; Pope's Dig., §§ 12695, 12775, 12776; Acts 1937, No. 140, §§ 2, 3; 1945, No. 13, §§ 2, 3; 1968 (1st Ex. Sess.), No. 50, § 2; 1975, No. 378, § 12; A.S.A. 1947, §§ 46-101, 46-108 -- 46-110; Acts 1993, No. 549, § 4.
Ark. Code Ann. § 12-27-125 — AR Code / Title 12 / Chapter 27 / Subchapter 1 / Section 12-27-125
Division of Community Correction - Creation - Powers and duties
Status: in_force

(a) There is established, under the supervision, control, and direction of the Board of Corrections, a Division of Community Correction. (b) The Division of Community Correction shall have the following functions, powers, and duties, administered in accordance with the policies and rules promulgated by the Board of Corrections: (1) It shall assume management and control over all properties, both real and personal, facilities, books, records, equipment, supplies, materials, contracts, funds, moneys, equities, and all other properties belonging to the Arkansas Adult Probation Commission [abolished], and all such properties transferred from the Department of Correction, as the Division of Correction was known as prior to July 1, 2019, by the Board of Corrections; (2) (A) It shall have management and control over all community correction services. (B) It shall have management and control over all community correction facilities within the purview of the Board of Corrections existing on or created after July 1, 1993; (3) It shall employ such officers, employees, and agents and shall secure such offices and quarters as deemed necessary to discharge the functions of the Division of Community Correction, and which are appropriately funded; (4) It may establish and operate regional community correction facilities if funds for the regional community correction facilities have been authorized and appropriated by the General Assembly; (5) (A) It may exercise all legally sanctioned supervision and appropriate care over all offenders referred with proper documentation from the circuit courts and all offenders transferred with proper documentation from the Division of Correction pursuant to policies established by the Board of Corrections and conditions set by the Post-Prison Transfer Board. (B) Legal custody remains with the referring court or the Division of Correction; (6) It shall administer the provision of probation services for offenders processed through circuit courts; (7) It shall administer the provision of parole services in coordination with the Post-Prison Transfer Board and in cooperation with the Division of Correction; (8) It shall provide support services to the Post-Prison Transfer Board or its designated representatives as determined by the Post-Prison Transfer Board; (9) It shall assist the Board of Corrections in the furtherance of its goals by staffing the specific charges articulated for it through legislation and by the Board of Corrections; (10) It shall conduct statewide public education and training to foster the provision of correctional supervision and service in community settings; (11) It shall provide technical assistance when necessary to any entity, program, division, or agency receiving assistance or clients through the Division of Community Correction; (12) It shall facilitate the development of a comprehensive community correction plan through the provision of funding, criteria review, and ongoing evaluation to ensure the maintenance of quality in supervision and programming; (13) It may accept gifts, grants, and funds from both public and private sources with prior approval of the Board of Corrections; (14) It shall establish minimum standards for case loads, programs, facilities, and equipment and other aspects of the operation of community correction programs and facilities necessary for the provision of adequate and effective supervision and service; (15) It shall establish minimum standards for the employment of community correction employees; (16) It shall establish programs of research, evaluation, statistics, audit, and planning, including studies and evaluation of the performance of various functions and activities of the Department of Corrections and studies affecting the treatment of offenders and information about other programs; (17) (A) It may receive and disburse moneys ordered to be paid by offenders pursuant to statutory economic sanctions. (B) It may receive fees to be levied by the courts or authorized by the Board of Corrections for participation in specified programs and to be paid by offenders on community correction. (C) The payment of such sanctions and fees may be a condition of probation, parole, post-release supervision, or post-prison transfer or attached to admission and participation in a community correction program. (D) The moneys collected shall be deposited into an earmarked account at the state level to be used solely for the continuation and expansion of community correction in this state. (E) Economic sanction officers are to be authorized by the Division of Community Correction to perform these duties pursuant to policies and procedures adopted by the Board of Corrections and in accord with any state statutory accounting requirements; (18) It may cooperate and contract with the federal government, with governmental agencies of Arkansas and other states, with political subdivisions of Arkansas, and with private contractors to provide and improve community correction options; (19) It may inspect and evaluate any community correction site and conduct audits of financial and service records at any reasonable time to determine compliance with the Board of Corrections' rules and standards; (20) (A) It shall maintain a full and complete record of each offender under its supervision. (B) (i) To protect the integrity of a record described in subdivision (b)(20)(A) of this section and to ensure its proper use, it is unlawful to permit inspection of or disclose information contained in a record described in subdivision (b)(20)(A) of this section or to copy or issue a copy of any part of the record except: (a) As authorized by administrative rule; (b) By order of a court of competent jurisdiction; or (c) Records posted on the Division of Community Correction's website as required by § 12-27-145 . (ii) The rules under subdivision (b)(20)(B)(i) (a) shall provide for adequate standards of security and confidentiality of a record described in subdivision (b)(20)(A) of this section; (21) Subject to availability of funds, it shall employ officers, employees, and agents and secure sufficient offices for monitoring each sex offender on parole, post-release supervision, or probation who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a risk Level 3 or Level 4 offender; and (22) (A) It may issue an arrest warrant for the arrest of any person who, while in its custody, unlawfully escapes from the Division of Community Correction. (B) The arrest warrant shall authorize: (i) All law enforcement officers of this state to take into custody and return the person named in the arrest warrant to the custody of the Division of Community Correction or the Division of Correction; and (ii) All law enforcement officers of this state, any other state, or the federal government to take into custody and detain the person in a suitable detention facility while awaiting further transfer to the Division of Community Correction or the Division of Correction. Amended by Act 2023, No. 659,§ 87, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 86, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 85, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 84, eff. 1/1/2024. Amended by Act 2019, No. 315,§ 886, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 743, eff. 7/1/2019. Amended by Act 2015, No. 145,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1265,§ 6, eff. 4/8/2015. Amended by Act 2015, No. 145,§ 2, eff. 7/22/2015. Acts 1993, No. 549, § 7; 1997, No. 280, § 1; 2006 (1st Ex. Sess.), No. 4, § 8.

(a) There is established, under the supervision, control, and direction of the Board of Corrections, a Division of Community Correction.

(b) The Division of Community Correction shall have the following functions, powers, and duties, administered in accordance with the policies and rules promulgated by the Board of Corrections: (1) It shall assume management and control over all properties, both real and personal, facilities, books, records, equipment, supplies, materials, contracts, funds, moneys, equities, and all other properties belonging to the Arkansas Adult Probation Commission [abolished], and all such properties transferred from the Department of Correction, as the Division of Correction was known as prior to July 1, 2019, by the Board of Corrections; (2) (A) It shall have management and control over all community correction services. (B) It shall have management and control over all community correction facilities within the purview of the Board of Corrections existing on or created after July 1, 1993; (3) It shall employ such officers, employees, and agents and shall secure such offices and quarters as deemed necessary to discharge the functions of the Division of Community Correction, and which are appropriately funded; (4) It may establish and operate regional community correction facilities if funds for the regional community correction facilities have been authorized and appropriated by the General Assembly; (5) (A) It may exercise all legally sanctioned supervision and appropriate care over all offenders referred with proper documentation from the circuit courts and all offenders transferred with proper documentation from the Division of Correction pursuant to policies established by the Board of Corrections and conditions set by the Post-Prison Transfer Board. (B) Legal custody remains with the referring court or the Division of Correction; (6) It shall administer the provision of probation services for offenders processed through circuit courts; (7) It shall administer the provision of parole services in coordination with the Post-Prison Transfer Board and in cooperation with the Division of Correction; (8) It shall provide support services to the Post-Prison Transfer Board or its designated representatives as determined by the Post-Prison Transfer Board; (9) It shall assist the Board of Corrections in the furtherance of its goals by staffing the specific charges articulated for it through legislation and by the Board of Corrections; (10) It shall conduct statewide public education and training to foster the provision of correctional supervision and service in community settings; (11) It shall provide technical assistance when necessary to any entity, program, division, or agency receiving assistance or clients through the Division of Community Correction; (12) It shall facilitate the development of a comprehensive community correction plan through the provision of funding, criteria review, and ongoing evaluation to ensure the maintenance of quality in supervision and programming; (13) It may accept gifts, grants, and funds from both public and private sources with prior approval of the Board of Corrections; (14) It shall establish minimum standards for case loads, programs, facilities, and equipment and other aspects of the operation of community correction programs and facilities necessary for the provision of adequate and effective supervision and service; (15) It shall establish minimum standards for the employment of community correction employees; (16) It shall establish programs of research, evaluation, statistics, audit, and planning, including studies and evaluation of the performance of various functions and activities of the Department of Corrections and studies affecting the treatment of offenders and information about other programs; (17) (A) It may receive and disburse moneys ordered to be paid by offenders pursuant to statutory economic sanctions. (B) It may receive fees to be levied by the courts or authorized by the Board of Corrections for participation in specified programs and to be paid by offenders on community correction. (C) The payment of such sanctions and fees may be a condition of probation, parole, post-release supervision, or post-prison transfer or attached to admission and participation in a community correction program. (D) The moneys collected shall be deposited into an earmarked account at the state level to be used solely for the continuation and expansion of community correction in this state. (E) Economic sanction officers are to be authorized by the Division of Community Correction to perform these duties pursuant to policies and procedures adopted by the Board of Corrections and in accord with any state statutory accounting requirements; (18) It may cooperate and contract with the federal government, with governmental agencies of Arkansas and other states, with political subdivisions of Arkansas, and with private contractors to provide and improve community correction options; (19) It may inspect and evaluate any community correction site and conduct audits of financial and service records at any reasonable time to determine compliance with the Board of Corrections' rules and standards; (20) (A) It shall maintain a full and complete record of each offender under its supervision. (B) (i) To protect the integrity of a record described in subdivision (b)(20)(A) of this section and to ensure its proper use, it is unlawful to permit inspection of or disclose information contained in a record described in subdivision (b)(20)(A) of this section or to copy or issue a copy of any part of the record except: (a) As authorized by administrative rule; (b) By order of a court of competent jurisdiction; or (c) Records posted on the Division of Community Correction's website as required by § 12-27-145 . (ii) The rules under subdivision (b)(20)(B)(i) (a) shall provide for adequate standards of security and confidentiality of a record described in subdivision (b)(20)(A) of this section; (21) Subject to availability of funds, it shall employ officers, employees, and agents and secure sufficient offices for monitoring each sex offender on parole, post-release supervision, or probation who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a risk Level 3 or Level 4 offender; and (22) (A) It may issue an arrest warrant for the arrest of any person who, while in its custody, unlawfully escapes from the Division of Community Correction. (B) The arrest warrant shall authorize: (i) All law enforcement officers of this state to take into custody and return the person named in the arrest warrant to the custody of the Division of Community Correction or the Division of Correction; and (ii) All law enforcement officers of this state, any other state, or the federal government to take into custody and detain the person in a suitable detention facility while awaiting further transfer to the Division of Community Correction or the Division of Correction.

(1) It shall assume management and control over all properties, both real and personal, facilities, books, records, equipment, supplies, materials, contracts, funds, moneys, equities, and all other properties belonging to the Arkansas Adult Probation Commission [abolished], and all such properties transferred from the Department of Correction, as the Division of Correction was known as prior to July 1, 2019, by the Board of Corrections;

(2) (A) It shall have management and control over all community correction services. (B) It shall have management and control over all community correction facilities within the purview of the Board of Corrections existing on or created after July 1, 1993;

(A) It shall have management and control over all community correction services.

(B) It shall have management and control over all community correction facilities within the purview of the Board of Corrections existing on or created after July 1, 1993;

(3) It shall employ such officers, employees, and agents and shall secure such offices and quarters as deemed necessary to discharge the functions of the Division of Community Correction, and which are appropriately funded;

(4) It may establish and operate regional community correction facilities if funds for the regional community correction facilities have been authorized and appropriated by the General Assembly;

(5) (A) It may exercise all legally sanctioned supervision and appropriate care over all offenders referred with proper documentation from the circuit courts and all offenders transferred with proper documentation from the Division of Correction pursuant to policies established by the Board of Corrections and conditions set by the Post-Prison Transfer Board. (B) Legal custody remains with the referring court or the Division of Correction;

(A) It may exercise all legally sanctioned supervision and appropriate care over all offenders referred with proper documentation from the circuit courts and all offenders transferred with proper documentation from the Division of Correction pursuant to policies established by the Board of Corrections and conditions set by the Post-Prison Transfer Board.

(B) Legal custody remains with the referring court or the Division of Correction;

(6) It shall administer the provision of probation services for offenders processed through circuit courts;

(7) It shall administer the provision of parole services in coordination with the Post-Prison Transfer Board and in cooperation with the Division of Correction;

(8) It shall provide support services to the Post-Prison Transfer Board or its designated representatives as determined by the Post-Prison Transfer Board;

(9) It shall assist the Board of Corrections in the furtherance of its goals by staffing the specific charges articulated for it through legislation and by the Board of Corrections;

(10) It shall conduct statewide public education and training to foster the provision of correctional supervision and service in community settings;

(11) It shall provide technical assistance when necessary to any entity, program, division, or agency receiving assistance or clients through the Division of Community Correction;

(12) It shall facilitate the development of a comprehensive community correction plan through the provision of funding, criteria review, and ongoing evaluation to ensure the maintenance of quality in supervision and programming;

(13) It may accept gifts, grants, and funds from both public and private sources with prior approval of the Board of Corrections;

(14) It shall establish minimum standards for case loads, programs, facilities, and equipment and other aspects of the operation of community correction programs and facilities necessary for the provision of adequate and effective supervision and service;

(15) It shall establish minimum standards for the employment of community correction employees;

(16) It shall establish programs of research, evaluation, statistics, audit, and planning, including studies and evaluation of the performance of various functions and activities of the Department of Corrections and studies affecting the treatment of offenders and information about other programs;

(17) (A) It may receive and disburse moneys ordered to be paid by offenders pursuant to statutory economic sanctions. (B) It may receive fees to be levied by the courts or authorized by the Board of Corrections for participation in specified programs and to be paid by offenders on community correction. (C) The payment of such sanctions and fees may be a condition of probation, parole, post-release supervision, or post-prison transfer or attached to admission and participation in a community correction program. (D) The moneys collected shall be deposited into an earmarked account at the state level to be used solely for the continuation and expansion of community correction in this state. (E) Economic sanction officers are to be authorized by the Division of Community Correction to perform these duties pursuant to policies and procedures adopted by the Board of Corrections and in accord with any state statutory accounting requirements;

(A) It may receive and disburse moneys ordered to be paid by offenders pursuant to statutory economic sanctions.

(B) It may receive fees to be levied by the courts or authorized by the Board of Corrections for participation in specified programs and to be paid by offenders on community correction.

(C) The payment of such sanctions and fees may be a condition of probation, parole, post-release supervision, or post-prison transfer or attached to admission and participation in a community correction program.

(D) The moneys collected shall be deposited into an earmarked account at the state level to be used solely for the continuation and expansion of community correction in this state.

(E) Economic sanction officers are to be authorized by the Division of Community Correction to perform these duties pursuant to policies and procedures adopted by the Board of Corrections and in accord with any state statutory accounting requirements;

(18) It may cooperate and contract with the federal government, with governmental agencies of Arkansas and other states, with political subdivisions of Arkansas, and with private contractors to provide and improve community correction options;

(19) It may inspect and evaluate any community correction site and conduct audits of financial and service records at any reasonable time to determine compliance with the Board of Corrections' rules and standards;

(20) (A) It shall maintain a full and complete record of each offender under its supervision. (B) (i) To protect the integrity of a record described in subdivision (b)(20)(A) of this section and to ensure its proper use, it is unlawful to permit inspection of or disclose information contained in a record described in subdivision (b)(20)(A) of this section or to copy or issue a copy of any part of the record except: (a) As authorized by administrative rule; (b) By order of a court of competent jurisdiction; or (c) Records posted on the Division of Community Correction's website as required by § 12-27-145 . (ii) The rules under subdivision (b)(20)(B)(i) (a) shall provide for adequate standards of security and confidentiality of a record described in subdivision (b)(20)(A) of this section;

(A) It shall maintain a full and complete record of each offender under its supervision.

(B) (i) To protect the integrity of a record described in subdivision (b)(20)(A) of this section and to ensure its proper use, it is unlawful to permit inspection of or disclose information contained in a record described in subdivision (b)(20)(A) of this section or to copy or issue a copy of any part of the record except: (a) As authorized by administrative rule; (b) By order of a court of competent jurisdiction; or (c) Records posted on the Division of Community Correction's website as required by § 12-27-145 . (ii) The rules under subdivision (b)(20)(B)(i) (a) shall provide for adequate standards of security and confidentiality of a record described in subdivision (b)(20)(A) of this section;

(i) To protect the integrity of a record described in subdivision (b)(20)(A) of this section and to ensure its proper use, it is unlawful to permit inspection of or disclose information contained in a record described in subdivision (b)(20)(A) of this section or to copy or issue a copy of any part of the record except: (a) As authorized by administrative rule; (b) By order of a court of competent jurisdiction; or (c) Records posted on the Division of Community Correction's website as required by § 12-27-145 .

(a) As authorized by administrative rule;

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

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

(ii) The rules under subdivision (b)(20)(B)(i) (a) shall provide for adequate standards of security and confidentiality of a record described in subdivision (b)(20)(A) of this section;

(21) Subject to availability of funds, it shall employ officers, employees, and agents and secure sufficient offices for monitoring each sex offender on parole, post-release supervision, or probation who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a risk Level 3 or Level 4 offender; and

(22) (A) It may issue an arrest warrant for the arrest of any person who, while in its custody, unlawfully escapes from the Division of Community Correction. (B) The arrest warrant shall authorize: (i) All law enforcement officers of this state to take into custody and return the person named in the arrest warrant to the custody of the Division of Community Correction or the Division of Correction; and (ii) All law enforcement officers of this state, any other state, or the federal government to take into custody and detain the person in a suitable detention facility while awaiting further transfer to the Division of Community Correction or the Division of Correction.

(A) It may issue an arrest warrant for the arrest of any person who, while in its custody, unlawfully escapes from the Division of Community Correction.

(B) The arrest warrant shall authorize: (i) All law enforcement officers of this state to take into custody and return the person named in the arrest warrant to the custody of the Division of Community Correction or the Division of Correction; and (ii) All law enforcement officers of this state, any other state, or the federal government to take into custody and detain the person in a suitable detention facility while awaiting further transfer to the Division of Community Correction or the Division of Correction.

(i) All law enforcement officers of this state to take into custody and return the person named in the arrest warrant to the custody of the Division of Community Correction or the Division of Correction; and

(ii) All law enforcement officers of this state, any other state, or the federal government to take into custody and detain the person in a suitable detention facility while awaiting further transfer to the Division of Community Correction or the Division of Correction.

Amended by Act 2023, No. 659,§ 87, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 86, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 85, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 84, eff. 1/1/2024.

Amended by Act 2019, No. 315,§ 886, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 743, eff. 7/1/2019.

Amended by Act 2015, No. 145,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1265,§ 6, eff. 4/8/2015.

Amended by Act 2015, No. 145,§ 2, eff. 7/22/2015.

Acts 1993, No. 549, § 7; 1997, No. 280, § 1; 2006 (1st Ex. Sess.), No. 4, § 8.
Ark. Code Ann. § 12-62-717 — AR Code / Title 12 / Chapter 62 / Subchapter 7 / Section 12-62-717
Application for relief
Status: in_force

(a) A person, at any time during his or her period of military service or within sixty (60) days after discharge or termination, may apply to a court for relief in respect of any obligation or liability incurred by the person before his or her period of military service. (b) The court, after appropriate notice and hearing, unless in its opinion the ability of the applicant to comply with the terms of the obligation or liability has not been materially affected by reason of his or her military service, may grant the following relief: (1) In the case of an obligation payable under its terms in installments under a contract for the purchase of real estate or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, a stay of the enforcement of the obligation during the applicant's period of military service, and from the date of termination of the period of military service or from the date of application if made after termination of military service, for a period equal to the period of the remaining life of the installment contract or other instrument plus a period of time equal to the period of military service of the applicant, or any part of the combined period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or from the date of application, in equal installments during the combined period at the rate of interest on the unpaid balance as is prescribed in the contract, or other instrument evidencing the obligation, for installments paid when due, and subject to any other terms as the court may consider just; or (2) In the case of any other obligation or liability, a stay of the enforcement during the applicant's period of military service, and from the date of termination of the period of military service or from the date of application, if made after termination of the period of military service, for a period of time equal to the period of military service of the applicant or any part of that period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or the date of application, in equal periodic installments during the extended period at the rate of interest prescribed for the obligation or liability if paid when due, and subject to other terms the court considers to be reasonable and just. (c) When any court has granted a stay as provided in this section, a fine or penalty may not be accrued for failure to comply with the terms or conditions of the obligation or liability for which the stay was granted during the period with which the terms and conditions of the stay are complied. Acts 2003, No. 1003, § 17.

(a) A person, at any time during his or her period of military service or within sixty (60) days after discharge or termination, may apply to a court for relief in respect of any obligation or liability incurred by the person before his or her period of military service.

(b) The court, after appropriate notice and hearing, unless in its opinion the ability of the applicant to comply with the terms of the obligation or liability has not been materially affected by reason of his or her military service, may grant the following relief: (1) In the case of an obligation payable under its terms in installments under a contract for the purchase of real estate or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, a stay of the enforcement of the obligation during the applicant's period of military service, and from the date of termination of the period of military service or from the date of application if made after termination of military service, for a period equal to the period of the remaining life of the installment contract or other instrument plus a period of time equal to the period of military service of the applicant, or any part of the combined period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or from the date of application, in equal installments during the combined period at the rate of interest on the unpaid balance as is prescribed in the contract, or other instrument evidencing the obligation, for installments paid when due, and subject to any other terms as the court may consider just; or (2) In the case of any other obligation or liability, a stay of the enforcement during the applicant's period of military service, and from the date of termination of the period of military service or from the date of application, if made after termination of the period of military service, for a period of time equal to the period of military service of the applicant or any part of that period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or the date of application, in equal periodic installments during the extended period at the rate of interest prescribed for the obligation or liability if paid when due, and subject to other terms the court considers to be reasonable and just.

(1) In the case of an obligation payable under its terms in installments under a contract for the purchase of real estate or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, a stay of the enforcement of the obligation during the applicant's period of military service, and from the date of termination of the period of military service or from the date of application if made after termination of military service, for a period equal to the period of the remaining life of the installment contract or other instrument plus a period of time equal to the period of military service of the applicant, or any part of the combined period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or from the date of application, in equal installments during the combined period at the rate of interest on the unpaid balance as is prescribed in the contract, or other instrument evidencing the obligation, for installments paid when due, and subject to any other terms as the court may consider just; or

(2) In the case of any other obligation or liability, a stay of the enforcement during the applicant's period of military service, and from the date of termination of the period of military service or from the date of application, if made after termination of the period of military service, for a period of time equal to the period of military service of the applicant or any part of that period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or the date of application, in equal periodic installments during the extended period at the rate of interest prescribed for the obligation or liability if paid when due, and subject to other terms the court considers to be reasonable and just.

(c) When any court has granted a stay as provided in this section, a fine or penalty may not be accrued for failure to comply with the terms or conditions of the obligation or liability for which the stay was granted during the period with which the terms and conditions of the stay are complied.

Acts 2003, No. 1003, § 17.
Ark. Code Ann. § 12-85-101 — AR Code / Title 12 / Chapter 85 / Section 12-85-101
Definitions
Status: in_force

As used in this chapter: (1) "Certified disaster service volunteer" means a person who has completed the necessary training for being and has been certified as a disaster service technician, specialist, coordinator, or officer by the American Red Cross; (2) "Disaster" means a natural or technological event as defined in § 12-75-103(2) in which victims cannot recover without assistance when such disaster is designated at Level II or above in the American National Red Cross Regulations and Procedures; (3) "Specialized disaster relief" means one (1) or more of the following American Red Cross service categories in which a certified disaster service volunteer is trained: (A) Shelter management; (B) Mass feeding; (C) Family services; (D) Health services; (E) Public assistance inquiries; (F) Damage assessment; (G) A support function for services provided under subdivisions (3)(A)-(F) of this section; and (H) Any other service performed for the American Red Cross for which training is required; and (4) (A) "State agency" means any agency, authority, board, bureau, commission, council, department, office, or officer of the state receiving an appropriation by the General Assembly. (B) The term does not include state-supported institutions of higher learning or any county, municipality, school district, or other political subdivision of the State of Arkansas. Acts 1997, No. 268, § 1.

As used in this chapter:

(1) "Certified disaster service volunteer" means a person who has completed the necessary training for being and has been certified as a disaster service technician, specialist, coordinator, or officer by the American Red Cross;

(2) "Disaster" means a natural or technological event as defined in § 12-75-103(2) in which victims cannot recover without assistance when such disaster is designated at Level II or above in the American National Red Cross Regulations and Procedures;

(3) "Specialized disaster relief" means one (1) or more of the following American Red Cross service categories in which a certified disaster service volunteer is trained: (A) Shelter management; (B) Mass feeding; (C) Family services; (D) Health services; (E) Public assistance inquiries; (F) Damage assessment; (G) A support function for services provided under subdivisions (3)(A)-(F) of this section; and (H) Any other service performed for the American Red Cross for which training is required; and

(A) Shelter management;

(B) Mass feeding;

(C) Family services;

(D) Health services;

(E) Public assistance inquiries;

(F) Damage assessment;

(G) A support function for services provided under subdivisions (3)(A)-(F) of this section; and

(H) Any other service performed for the American Red Cross for which training is required; and

(4) (A) "State agency" means any agency, authority, board, bureau, commission, council, department, office, or officer of the state receiving an appropriation by the General Assembly. (B) The term does not include state-supported institutions of higher learning or any county, municipality, school district, or other political subdivision of the State of Arkansas.

(A) "State agency" means any agency, authority, board, bureau, commission, council, department, office, or officer of the state receiving an appropriation by the General Assembly.

(B) The term does not include state-supported institutions of higher learning or any county, municipality, school district, or other political subdivision of the State of Arkansas.

Acts 1997, No. 268, § 1.
Ark. Code Ann. § 12-86-203 — AR Code / Title 12 / Chapter 86 / Subchapter 2 / Section 12-86-203
Division of Child Care and Early Childhood Education policies
Status: in_force

The Director of the Division of Child Care and Early Childhood Education of the Department of Human Services shall coordinate efforts with other state agencies and appropriate organizations to: (1) (A) Share with the Arkansas Department of Emergency Management on a quarterly basis an integrated list of all licensed child care facilities and all known license-exempt child care facilities, including without limitation physical addresses, maximum capacity, emergency contact information, and hours of operation. (B) The integrated list is to be sorted by county; (2) Include early childhood emergency preparedness courses and workshops that address specific risk factors and evacuation procedures in particular geographic areas among approved courses and workshops for meeting requirements for in-service training for licensed child care providers in those geographic areas; (3) Incorporate specific indicators of emergency preparedness linked to specific disaster risk factors in licensed child care providers' geographic areas into each level of any quality ratings above minimum licensing standards; and (4) (A) Require a child care facility to have a written plan for evacuation in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the child care facility. (B) Require the plan to include without limitation: (i) A designated relocation site and evacuation route; (ii) Procedures for notifying parents of the relocation and ensuring family reunification; (iii) Procedures to address the needs of individual children, including children with special needs; (iv) Instructions relating to the training of staff or the reassignment of staff duties, as appropriate; (v) Coordination with local emergency management officials; and (vi) A program to ensure that appropriate staff are familiar with the plan's components. Acts 2007, No. 816, § 3; 2009, No. 165, § 60; 2009, No. 801, § 1.

The Director of the Division of Child Care and Early Childhood Education of the Department of Human Services shall coordinate efforts with other state agencies and appropriate organizations to:

(1) (A) Share with the Arkansas Department of Emergency Management on a quarterly basis an integrated list of all licensed child care facilities and all known license-exempt child care facilities, including without limitation physical addresses, maximum capacity, emergency contact information, and hours of operation. (B) The integrated list is to be sorted by county;

(A) Share with the Arkansas Department of Emergency Management on a quarterly basis an integrated list of all licensed child care facilities and all known license-exempt child care facilities, including without limitation physical addresses, maximum capacity, emergency contact information, and hours of operation.

(B) The integrated list is to be sorted by county;

(2) Include early childhood emergency preparedness courses and workshops that address specific risk factors and evacuation procedures in particular geographic areas among approved courses and workshops for meeting requirements for in-service training for licensed child care providers in those geographic areas;

(3) Incorporate specific indicators of emergency preparedness linked to specific disaster risk factors in licensed child care providers' geographic areas into each level of any quality ratings above minimum licensing standards; and

(4) (A) Require a child care facility to have a written plan for evacuation in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the child care facility. (B) Require the plan to include without limitation: (i) A designated relocation site and evacuation route; (ii) Procedures for notifying parents of the relocation and ensuring family reunification; (iii) Procedures to address the needs of individual children, including children with special needs; (iv) Instructions relating to the training of staff or the reassignment of staff duties, as appropriate; (v) Coordination with local emergency management officials; and (vi) A program to ensure that appropriate staff are familiar with the plan's components.

(A) Require a child care facility to have a written plan for evacuation in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the child care facility.

(B) Require the plan to include without limitation: (i) A designated relocation site and evacuation route; (ii) Procedures for notifying parents of the relocation and ensuring family reunification; (iii) Procedures to address the needs of individual children, including children with special needs; (iv) Instructions relating to the training of staff or the reassignment of staff duties, as appropriate; (v) Coordination with local emergency management officials; and (vi) A program to ensure that appropriate staff are familiar with the plan's components.

(i) A designated relocation site and evacuation route;

(ii) Procedures for notifying parents of the relocation and ensuring family reunification;

(iii) Procedures to address the needs of individual children, including children with special needs;

(iv) Instructions relating to the training of staff or the reassignment of staff duties, as appropriate;

(v) Coordination with local emergency management officials; and

(vi) A program to ensure that appropriate staff are familiar with the plan's components.

Acts 2007, No. 816, § 3; 2009, No. 165, § 60; 2009, No. 801, § 1.
Ark. Code Ann. § 12-12-1605 — AR Code / Title 12 / Chapter 12 / Subchapter 16 / Section 12-12-1605
Registration by volunteer organization
Status: in_force

(a) A volunteer organization desiring to obtain criminal background check information on volunteers shall register with the Department of Arkansas State Police. (b) The department may promulgate rules regarding registration with the department to obtain criminal background check information. (c) If the volunteer organization desires to receive criminal background check information from the Federal Bureau of Investigation, the volunteer organization shall include a copy of the minutes from its most recent board meeting that lists offenses that the volunteer organization considers to disqualify an applicant to volunteer from serving as a volunteer with the volunteer organization. Acts 2005, No. 1778, § 1.

(a) A volunteer organization desiring to obtain criminal background check information on volunteers shall register with the Department of Arkansas State Police.

(b) The department may promulgate rules regarding registration with the department to obtain criminal background check information.

(c) If the volunteer organization desires to receive criminal background check information from the Federal Bureau of Investigation, the volunteer organization shall include a copy of the minutes from its most recent board meeting that lists offenses that the volunteer organization considers to disqualify an applicant to volunteer from serving as a volunteer with the volunteer organization.

Acts 2005, No. 1778, § 1.
Ark. Code Ann. § 12-9-121 — AR Code / Title 12 / Chapter 9 / Subchapter 1 / Section 12-9-121
Additional salary payment
Status: in_force

(a) (1) The Division of Law Enforcement Standards and Training may make additional salary payments from available funds to employees of the division who have attained law enforcement certification above the basic certificate level, as defined by the division. (2) The award of an additional salary payment under this section is contingent upon the: (A) Existence of sufficient funding independent of funding specifically set aside for other programs within the division; and (B) Discretion of the Director of the Division of Law Enforcement Standards and Training in coordination with the Secretary of the Department of Public Safety. (b) (1) Eligible employees of the division may be paid up to the following annual amounts for the respective certifications: (A) General certificate - three hundred dollars ($300); (B) Intermediate certificate - six hundred dollars ($600); (C) Advanced certificate - nine hundred dollars ($900); and (D) Senior certificate - one thousand two hundred dollars ($1,200). (2) Payment of the additional salary amounts may be made monthly, quarterly, semiannually, or annually depending upon the availability of funding and is restricted to full-time law enforcement officers employed by the division. (c) Additional salary payments made under this section are considered part of the employee's regular income and subject to all applicable withholding required by law. Amended by Act 2019, No. 910,§ 5821, eff. 7/1/2019. Added by Act 2017, No. 631,§ 1, eff. 8/1/2017.

(a) (1) The Division of Law Enforcement Standards and Training may make additional salary payments from available funds to employees of the division who have attained law enforcement certification above the basic certificate level, as defined by the division. (2) The award of an additional salary payment under this section is contingent upon the: (A) Existence of sufficient funding independent of funding specifically set aside for other programs within the division; and (B) Discretion of the Director of the Division of Law Enforcement Standards and Training in coordination with the Secretary of the Department of Public Safety.

(1) The Division of Law Enforcement Standards and Training may make additional salary payments from available funds to employees of the division who have attained law enforcement certification above the basic certificate level, as defined by the division.

(2) The award of an additional salary payment under this section is contingent upon the: (A) Existence of sufficient funding independent of funding specifically set aside for other programs within the division; and (B) Discretion of the Director of the Division of Law Enforcement Standards and Training in coordination with the Secretary of the Department of Public Safety.

(A) Existence of sufficient funding independent of funding specifically set aside for other programs within the division; and

(B) Discretion of the Director of the Division of Law Enforcement Standards and Training in coordination with the Secretary of the Department of Public Safety.

(b) (1) Eligible employees of the division may be paid up to the following annual amounts for the respective certifications: (A) General certificate - three hundred dollars ($300); (B) Intermediate certificate - six hundred dollars ($600); (C) Advanced certificate - nine hundred dollars ($900); and (D) Senior certificate - one thousand two hundred dollars ($1,200). (2) Payment of the additional salary amounts may be made monthly, quarterly, semiannually, or annually depending upon the availability of funding and is restricted to full-time law enforcement officers employed by the division.

(1) Eligible employees of the division may be paid up to the following annual amounts for the respective certifications: (A) General certificate - three hundred dollars ($300); (B) Intermediate certificate - six hundred dollars ($600); (C) Advanced certificate - nine hundred dollars ($900); and (D) Senior certificate - one thousand two hundred dollars ($1,200).

(A) General certificate - three hundred dollars ($300);

(B) Intermediate certificate - six hundred dollars ($600);

(C) Advanced certificate - nine hundred dollars ($900); and

(D) Senior certificate - one thousand two hundred dollars ($1,200).

(2) Payment of the additional salary amounts may be made monthly, quarterly, semiannually, or annually depending upon the availability of funding and is restricted to full-time law enforcement officers employed by the division.

(c) Additional salary payments made under this section are considered part of the employee's regular income and subject to all applicable withholding required by law.

Amended by Act 2019, No. 910,§ 5821, eff. 7/1/2019.

Added by Act 2017, No. 631,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 12-9-201 — AR Code / Title 12 / Chapter 9 / Subchapter 2 / Section 12-9-201
Establishment
Status: in_force

There is established the Arkansas Law Enforcement Training Academy for the training and instruction of state, county, municipal, and other law enforcement officers. Acts 1963, No. 526, § 1; 1965, No. 172, § 1; A.S.A. 1947, § 42-701.

There is established the Arkansas Law Enforcement Training Academy for the training and instruction of state, county, municipal, and other law enforcement officers.

Acts 1963, No. 526, § 1; 1965, No. 172, § 1; A.S.A. 1947, § 42-701.
Ark. Code Ann. § 12-30-102 — AR Code / Title 12 / Chapter 30 / Subchapter 1 / Section 12-30-102
Buying and selling products of institutions
Status: in_force

(a) The Board of Corrections is authorized to enter into contracts, compacts, or agreements with the appropriate governing officials of agencies of other states or of the United States Government for the buying and selling of raw materials, goods, and products produced by and belonging to their respective institutions in accordance with such terms and conditions as the board and the governing officials of correctional institutions of other states or the United States Government may deem advantageous and appropriate for their respective institutions and programs. (b) These agreements may include matters such as the buying and selling of raw materials for finished products produced in correctional institutions or for the processing of materials into finished products. (c) Copies of all such agreements, compacts, or contracts entered into with correctional institutions of other states, or with the United States Government as authorized in this section, shall be filed with the Chief Fiscal Officer of the State. (d) (1) A complete set of books and records shall be kept with respect to all transactions, deliveries, and obligations under each compact, contract, or agreement. (2) Copies shall be filed with the Chief Fiscal Officer of the State and shall be available to public inspection during all normal business hours. (e) The board may make reasonable rules governing the Division of Correction in the administration of contracts, compacts, or agreements made under the provisions of this section. Amended by Act 2019, No. 315,§ 904, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 813, eff. 7/1/2019. Acts 1981, No. 108, §§ 1-3; A.S.A. 1947, §§ 46-251 -- 46-253.

(a) The Board of Corrections is authorized to enter into contracts, compacts, or agreements with the appropriate governing officials of agencies of other states or of the United States Government for the buying and selling of raw materials, goods, and products produced by and belonging to their respective institutions in accordance with such terms and conditions as the board and the governing officials of correctional institutions of other states or the United States Government may deem advantageous and appropriate for their respective institutions and programs.

(b) These agreements may include matters such as the buying and selling of raw materials for finished products produced in correctional institutions or for the processing of materials into finished products.

(c) Copies of all such agreements, compacts, or contracts entered into with correctional institutions of other states, or with the United States Government as authorized in this section, shall be filed with the Chief Fiscal Officer of the State.

(d) (1) A complete set of books and records shall be kept with respect to all transactions, deliveries, and obligations under each compact, contract, or agreement. (2) Copies shall be filed with the Chief Fiscal Officer of the State and shall be available to public inspection during all normal business hours.

(1) A complete set of books and records shall be kept with respect to all transactions, deliveries, and obligations under each compact, contract, or agreement.

(2) Copies shall be filed with the Chief Fiscal Officer of the State and shall be available to public inspection during all normal business hours.

(e) The board may make reasonable rules governing the Division of Correction in the administration of contracts, compacts, or agreements made under the provisions of this section.

Amended by Act 2019, No. 315,§ 904, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 813, eff. 7/1/2019.

Acts 1981, No. 108, §§ 1-3; A.S.A. 1947, §§ 46-251 -- 46-253.
Ark. Code Ann. § 12-10-305 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-305
Arkansas 911 Board
Status: in_force

(a) (1) There is created the Arkansas 911 Board to consist of the following members: (A) The Director of the Division of Emergency Management or his or her designee; (B) The Auditor of State or his or her designee; (C) The State Geographic Information Officer of the Arkansas Geographic Information Systems Office or his or her designee; (D) One (1) county judge appointed by the Association of Arkansas Counties; (E) One (1) mayor appointed by the Arkansas Municipal League; (F) One (1) 911 coordinator, director, or telecommunicator appointed by the Speaker of the House of Representatives; (G) One (1) 911 coordinator, director, or telecommunicator appointed by the President Pro Tempore of the Senate; (H) One (1) police chief appointed by the Arkansas Association of Chiefs of Police; and (I) The following members to be appointed by the Governor: (i) One (1) Emergency Management Director of a political subdivision; (ii) One (1) sheriff; (iii) One (1) representative of emergency medical services; and (iv) One (1) fire chief. (2) (A) The members under subdivisions (a)(1)(G), (a)(1)(I)(i), (a)(1)(I)(iii), and (a)(1)(I)(iv) of this section shall serve a term of two (2) years. (B) The members under subdivisions (a)(1)(D), (a)(1)(E), (a)(1)(F), (a)(1)(H), and (a)(1)(I)(ii) of this section shall serve a term of four (4) years. (3) Vacancies shall be filled in the same manner as the original appointment and each member shall serve until a qualified successor is appointed. (4) The Director of the Division of Emergency Management shall serve as the chair and call the first meeting no later than thirty (30) days after the appointment of the majority of the members of the Arkansas 911 Board. (5) The Arkansas 911 Board shall establish bylaws. (b) The duties of the Arkansas 911 Board shall include without limitation: (1) (A) Developing a plan no later than January 1, 2022, to provide funding for no more than seventy-seven (77) public safety answering points to operate in the state. (B) If the Arkansas 911 Board determines it is necessary, the Arkansas 911 Board may provide funding for more or fewer than seventy-seven (77) public safety answering points with a two-thirds (2/3) vote of the Arkansas 911 Board; (2) Within one (1) year of July 24, 2019, promulgating rules necessary to: (A) Establish guidelines for Arkansas public safety answering points in accordance with the Association of Public-Safety Communications Officials International, Inc. and the National Emergency Number Association; (B) Create standards for public safety answering point interoperability between counties and states; and (C) Assist all public safety answering points in implementing a next generation 911 system in the State of Arkansas; (3) Receiving and reviewing all 911 certifications submitted by public safety answering points in accordance with standards developed by the Arkansas 911 Board; (4) Auditing any money expended by a political subdivision for the operation of a service supplier; (5) (A) Providing an annual report to the Governor and the Legislative Council. (B) The report shall include a review and assessment of sustainability and the feasibility of further reduction of the required number of public safety answering points resulting from the standardization of operational processes and training and the implementation of next generation 911 service; (6) Establishing and maintaining an interest-bearing account into which shall be deposited revenues transferred to the Arkansas 911 Board from the Arkansas Public Safety Trust Fund and the former Arkansas Emergency Telephone Services Board; and (7) Managing and disbursing the funds from the interest-bearing account described in subdivision (b)(6) of this section. (c) The Arkansas 911 Board shall have all powers necessary to fulfill the duties of the Arkansas 911 Board, including without limitation power to enter, assign, and assume contracts. (d) The Arkansas 911 Board shall disburse from the interest-bearing account described in subdivision (b)(6) of this section in the following manner: (1) (A) Not less than eighty-three and seventy-five hundredths percent (83.75%) of the total monthly revenues shall be distributed on a population basis to each political subdivision operating a public safety answering point that has the capability of receiving 911 calls on dedicated 911 trunk lines for expenses incurred for answering, routing, and proper disposition of 911 calls, including payroll costs, readiness costs, and training costs associated with wireless, voice over internet protocol, and nontraditional 911 calls. (B) In determining the population basis for distribution of funds, the Arkansas 911 Board shall determine, based on the latest federal decennial census, the population of: (i) All unincorporated areas of counties operating a public safety answering point that has the capacity to receive commercial mobile radio service, voice over internet protocol service, or nontraditional 911 calls on dedicated 911 trunk lines; and (ii) All incorporated areas of counties operating a public safety answering point that has the capacity to receive commercial mobile radio service, voice over protocol service, or nontraditional 911 calls on dedicated 911 trunk lines; (2) (A) Not more than fifteen percent (15%) of the total monthly revenues may be used: (i) To purchase a statewide infrastructure for next generation 911, including without limitation ESINet, connectivity costs, and next generation 911 components and equipment; and (ii) By public safety answering points for upgrading, purchasing, programming, installing, and maintaining necessary data, basic 911 geographic information system mapping, hardware, and software, including any network elements required to supply enhanced 911 phase II cellular, voice over internet protocol, and other nontraditional telephone services, in connection with compliance with Federal Communications Commission requirements. (B) (i) A political subdivision operating a public safety answering point shall present invoices to the Arkansas 911 Board in connection with any request for reimbursement under subdivision (d)(2)(A)(ii) of this section. (ii) A request for reimbursement shall be approved by a majority vote of the Arkansas 911 Board. (C) Any invoices presented to the Arkansas 911 Board for reimbursements of costs not described by subdivision (d)(2)(B)(ii) of this section may be approved only by a majority vote of the Arkansas 911 Board; (3) Not more than one and twenty-five hundredths (1.25%) of the monthly revenues may be used by the Arkansas 911 Board to compensate the independent auditor and for administrative expenses, staff, and consulting services; and (4) All interest received shall be disbursed as prescribed in this subsection. (e) The Arkansas 911 Board may: (1) Withhold for no less than six (6) months any additional revenue generated by the public safety charge and the prepaid public safety charge under this subchapter; and (2) Calculate a monthly payment amount based on the prior calendar year certifications and remit that amount to the eligible governing body on a monthly basis. (f) (1) All cities and counties operating a public safety answering point shall submit to the Arkansas 911 Board no later than April 1 of each calendar year the following information in the form of a report: (A) An explanation and accounting of the funds received by the city or county and expenditures of the funds received for the previous calendar year, along with a copy of the budget for the previous calendar year and a copy of the year-end appropriation and expenditure analysis of any participating or supporting counties, cities, or agencies; (B) Any information requested by the Arkansas 911 Board concerning local public safety answering point operations, facilities, equipment, personnel, network, interoperability, call volume, telecommunicator training, and supervisor training; (C) A copy of all documents reflecting 911 funds received for the previous calendar year, including without limitation wireless, wireline, general revenues, sales taxes, and other sources used by the city or county for 911 services; and (D) The name of each telecommunicator, the telecommunicator's date of hire, the telecommunicator's date of termination, if applicable, and approved courses by the Arkansas Commission on Law Enforcement Standards and Training completed by the telecommunicator, including without limitation "train the trainer" courses. (2) The chief executive for each public safety answering point shall gather the information necessary for the report under subdivision (f)(1) of this section and provide the report and a copy of the certification of the public safety answering point to the Arkansas 911 Board and to the county intergovernmental coordination council for use in conducting the annual review of services under § 14-27-104 . (g) The Arkansas 911 Board may withhold all or part of the disbursement to a public safety answering point if the report of an auditor or the Arkansas 911 Board otherwise confirms that the public safety answering point improperly used funds disbursed by the Arkansas 911 Board for purposes other than those authorized by § 12-10-323 . (h) (1) Each county shall complete locatable address conversion of 911 physical address, assignment, and mapping within the county and certify to the Arkansas 911 Board that the locatable address conversion is completed no later than the last business day of February 2020. (2) Failure to comply with this section may result in the Arkansas 911 Board's withholding funds from the public safety answering point. (i) The Arkansas 911 Board may contract for 911 services in the implementation of the next generation 911. (j) (1) The Director of the Division of Emergency Management may: (A) Enter, assign, assume, and execute contract extensions that would otherwise lapse during the transition period between the former Arkansas Emergency Telephone Services Board and the Arkansas 911 Board; and (B) Work with the former Arkansas Emergency Telephone Services Board to ensure a smooth transition between the former Arkansas Emergency Telephone Services Board and the Arkansas 911 Board. (2) The former Arkansas Emergency Telephone Services Board shall continue to receive and disburse funds and continue operations up to the last business day of December 2019. (3) All emergency telephone service charges collected but not yet disbursed, other moneys, and any remaining balance in the interest-bearing account of the former Arkansas Emergency Telephone Services Board shall be transferred to the Arkansas 911 Board by the last business day of December 2019. Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, §§ 2, 4; A.S.A. 1947, §§ 73-1823, 73-1825.

(a) (1) There is created the Arkansas 911 Board to consist of the following members: (A) The Director of the Division of Emergency Management or his or her designee; (B) The Auditor of State or his or her designee; (C) The State Geographic Information Officer of the Arkansas Geographic Information Systems Office or his or her designee; (D) One (1) county judge appointed by the Association of Arkansas Counties; (E) One (1) mayor appointed by the Arkansas Municipal League; (F) One (1) 911 coordinator, director, or telecommunicator appointed by the Speaker of the House of Representatives; (G) One (1) 911 coordinator, director, or telecommunicator appointed by the President Pro Tempore of the Senate; (H) One (1) police chief appointed by the Arkansas Association of Chiefs of Police; and (I) The following members to be appointed by the Governor: (i) One (1) Emergency Management Director of a political subdivision; (ii) One (1) sheriff; (iii) One (1) representative of emergency medical services; and (iv) One (1) fire chief. (2) (A) The members under subdivisions (a)(1)(G), (a)(1)(I)(i), (a)(1)(I)(iii), and (a)(1)(I)(iv) of this section shall serve a term of two (2) years. (B) The members under subdivisions (a)(1)(D), (a)(1)(E), (a)(1)(F), (a)(1)(H), and (a)(1)(I)(ii) of this section shall serve a term of four (4) years. (3) Vacancies shall be filled in the same manner as the original appointment and each member shall serve until a qualified successor is appointed. (4) The Director of the Division of Emergency Management shall serve as the chair and call the first meeting no later than thirty (30) days after the appointment of the majority of the members of the Arkansas 911 Board. (5) The Arkansas 911 Board shall establish bylaws.

(1) There is created the Arkansas 911 Board to consist of the following members: (A) The Director of the Division of Emergency Management or his or her designee; (B) The Auditor of State or his or her designee; (C) The State Geographic Information Officer of the Arkansas Geographic Information Systems Office or his or her designee; (D) One (1) county judge appointed by the Association of Arkansas Counties; (E) One (1) mayor appointed by the Arkansas Municipal League; (F) One (1) 911 coordinator, director, or telecommunicator appointed by the Speaker of the House of Representatives; (G) One (1) 911 coordinator, director, or telecommunicator appointed by the President Pro Tempore of the Senate; (H) One (1) police chief appointed by the Arkansas Association of Chiefs of Police; and (I) The following members to be appointed by the Governor: (i) One (1) Emergency Management Director of a political subdivision; (ii) One (1) sheriff; (iii) One (1) representative of emergency medical services; and (iv) One (1) fire chief.

(A) The Director of the Division of Emergency Management or his or her designee;

(B) The Auditor of State or his or her designee;

(C) The State Geographic Information Officer of the Arkansas Geographic Information Systems Office or his or her designee;

(D) One (1) county judge appointed by the Association of Arkansas Counties;

(E) One (1) mayor appointed by the Arkansas Municipal League;

(F) One (1) 911 coordinator, director, or telecommunicator appointed by the Speaker of the House of Representatives;

(G) One (1) 911 coordinator, director, or telecommunicator appointed by the President Pro Tempore of the Senate;

(H) One (1) police chief appointed by the Arkansas Association of Chiefs of Police; and

(I) The following members to be appointed by the Governor: (i) One (1) Emergency Management Director of a political subdivision; (ii) One (1) sheriff; (iii) One (1) representative of emergency medical services; and (iv) One (1) fire chief.

(i) One (1) Emergency Management Director of a political subdivision;

(ii) One (1) sheriff;

(iii) One (1) representative of emergency medical services; and

(iv) One (1) fire chief.

(2) (A) The members under subdivisions (a)(1)(G), (a)(1)(I)(i), (a)(1)(I)(iii), and (a)(1)(I)(iv) of this section shall serve a term of two (2) years. (B) The members under subdivisions (a)(1)(D), (a)(1)(E), (a)(1)(F), (a)(1)(H), and (a)(1)(I)(ii) of this section shall serve a term of four (4) years.

(A) The members under subdivisions (a)(1)(G), (a)(1)(I)(i), (a)(1)(I)(iii), and (a)(1)(I)(iv) of this section shall serve a term of two (2) years.

(B) The members under subdivisions (a)(1)(D), (a)(1)(E), (a)(1)(F), (a)(1)(H), and (a)(1)(I)(ii) of this section shall serve a term of four (4) years.

(3) Vacancies shall be filled in the same manner as the original appointment and each member shall serve until a qualified successor is appointed.

(4) The Director of the Division of Emergency Management shall serve as the chair and call the first meeting no later than thirty (30) days after the appointment of the majority of the members of the Arkansas 911 Board.

(5) The Arkansas 911 Board shall establish bylaws.

(b) The duties of the Arkansas 911 Board shall include without limitation: (1) (A) Developing a plan no later than January 1, 2022, to provide funding for no more than seventy-seven (77) public safety answering points to operate in the state. (B) If the Arkansas 911 Board determines it is necessary, the Arkansas 911 Board may provide funding for more or fewer than seventy-seven (77) public safety answering points with a two-thirds (2/3) vote of the Arkansas 911 Board; (2) Within one (1) year of July 24, 2019, promulgating rules necessary to: (A) Establish guidelines for Arkansas public safety answering points in accordance with the Association of Public-Safety Communications Officials International, Inc. and the National Emergency Number Association; (B) Create standards for public safety answering point interoperability between counties and states; and (C) Assist all public safety answering points in implementing a next generation 911 system in the State of Arkansas; (3) Receiving and reviewing all 911 certifications submitted by public safety answering points in accordance with standards developed by the Arkansas 911 Board; (4) Auditing any money expended by a political subdivision for the operation of a service supplier; (5) (A) Providing an annual report to the Governor and the Legislative Council. (B) The report shall include a review and assessment of sustainability and the feasibility of further reduction of the required number of public safety answering points resulting from the standardization of operational processes and training and the implementation of next generation 911 service; (6) Establishing and maintaining an interest-bearing account into which shall be deposited revenues transferred to the Arkansas 911 Board from the Arkansas Public Safety Trust Fund and the former Arkansas Emergency Telephone Services Board; and (7) Managing and disbursing the funds from the interest-bearing account described in subdivision (b)(6) of this section.

(1) (A) Developing a plan no later than January 1, 2022, to provide funding for no more than seventy-seven (77) public safety answering points to operate in the state. (B) If the Arkansas 911 Board determines it is necessary, the Arkansas 911 Board may provide funding for more or fewer than seventy-seven (77) public safety answering points with a two-thirds (2/3) vote of the Arkansas 911 Board;

(A) Developing a plan no later than January 1, 2022, to provide funding for no more than seventy-seven (77) public safety answering points to operate in the state.

(B) If the Arkansas 911 Board determines it is necessary, the Arkansas 911 Board may provide funding for more or fewer than seventy-seven (77) public safety answering points with a two-thirds (2/3) vote of the Arkansas 911 Board;

(2) Within one (1) year of July 24, 2019, promulgating rules necessary to: (A) Establish guidelines for Arkansas public safety answering points in accordance with the Association of Public-Safety Communications Officials International, Inc. and the National Emergency Number Association; (B) Create standards for public safety answering point interoperability between counties and states; and (C) Assist all public safety answering points in implementing a next generation 911 system in the State of Arkansas;

(A) Establish guidelines for Arkansas public safety answering points in accordance with the Association of Public-Safety Communications Officials International, Inc. and the National Emergency Number Association;

(B) Create standards for public safety answering point interoperability between counties and states; and

(C) Assist all public safety answering points in implementing a next generation 911 system in the State of Arkansas;

(3) Receiving and reviewing all 911 certifications submitted by public safety answering points in accordance with standards developed by the Arkansas 911 Board;

(4) Auditing any money expended by a political subdivision for the operation of a service supplier;

(5) (A) Providing an annual report to the Governor and the Legislative Council. (B) The report shall include a review and assessment of sustainability and the feasibility of further reduction of the required number of public safety answering points resulting from the standardization of operational processes and training and the implementation of next generation 911 service;

(A) Providing an annual report to the Governor and the Legislative Council.

(B) The report shall include a review and assessment of sustainability and the feasibility of further reduction of the required number of public safety answering points resulting from the standardization of operational processes and training and the implementation of next generation 911 service;

(6) Establishing and maintaining an interest-bearing account into which shall be deposited revenues transferred to the Arkansas 911 Board from the Arkansas Public Safety Trust Fund and the former Arkansas Emergency Telephone Services Board; and

(7) Managing and disbursing the funds from the interest-bearing account described in subdivision (b)(6) of this section.

(c) The Arkansas 911 Board shall have all powers necessary to fulfill the duties of the Arkansas 911 Board, including without limitation power to enter, assign, and assume contracts.

(d) The Arkansas 911 Board shall disburse from the interest-bearing account described in subdivision (b)(6) of this section in the following manner: (1) (A) Not less than eighty-three and seventy-five hundredths percent (83.75%) of the total monthly revenues shall be distributed on a population basis to each political subdivision operating a public safety answering point that has the capability of receiving 911 calls on dedicated 911 trunk lines for expenses incurred for answering, routing, and proper disposition of 911 calls, including payroll costs, readiness costs, and training costs associated with wireless, voice over internet protocol, and nontraditional 911 calls. (B) In determining the population basis for distribution of funds, the Arkansas 911 Board shall determine, based on the latest federal decennial census, the population of: (i) All unincorporated areas of counties operating a public safety answering point that has the capacity to receive commercial mobile radio service, voice over internet protocol service, or nontraditional 911 calls on dedicated 911 trunk lines; and (ii) All incorporated areas of counties operating a public safety answering point that has the capacity to receive commercial mobile radio service, voice over protocol service, or nontraditional 911 calls on dedicated 911 trunk lines; (2) (A) Not more than fifteen percent (15%) of the total monthly revenues may be used: (i) To purchase a statewide infrastructure for next generation 911, including without limitation ESINet, connectivity costs, and next generation 911 components and equipment; and (ii) By public safety answering points for upgrading, purchasing, programming, installing, and maintaining necessary data, basic 911 geographic information system mapping, hardware, and software, including any network elements required to supply enhanced 911 phase II cellular, voice over internet protocol, and other nontraditional telephone services, in connection with compliance with Federal Communications Commission requirements. (B) (i) A political subdivision operating a public safety answering point shall present invoices to the Arkansas 911 Board in connection with any request for reimbursement under subdivision (d)(2)(A)(ii) of this section. (ii) A request for reimbursement shall be approved by a majority vote of the Arkansas 911 Board. (C) Any invoices presented to the Arkansas 911 Board for reimbursements of costs not described by subdivision (d)(2)(B)(ii) of this section may be approved only by a majority vote of the Arkansas 911 Board; (3) Not more than one and twenty-five hundredths (1.25%) of the monthly revenues may be used by the Arkansas 911 Board to compensate the independent auditor and for administrative expenses, staff, and consulting services; and (4) All interest received shall be disbursed as prescribed in this subsection.

(1) (A) Not less than eighty-three and seventy-five hundredths percent (83.75%) of the total monthly revenues shall be distributed on a population basis to each political subdivision operating a public safety answering point that has the capability of receiving 911 calls on dedicated 911 trunk lines for expenses incurred for answering, routing, and proper disposition of 911 calls, including payroll costs, readiness costs, and training costs associated with wireless, voice over internet protocol, and nontraditional 911 calls. (B) In determining the population basis for distribution of funds, the Arkansas 911 Board shall determine, based on the latest federal decennial census, the population of: (i) All unincorporated areas of counties operating a public safety answering point that has the capacity to receive commercial mobile radio service, voice over internet protocol service, or nontraditional 911 calls on dedicated 911 trunk lines; and (ii) All incorporated areas of counties operating a public safety answering point that has the capacity to receive commercial mobile radio service, voice over protocol service, or nontraditional 911 calls on dedicated 911 trunk lines;

(A) Not less than eighty-three and seventy-five hundredths percent (83.75%) of the total monthly revenues shall be distributed on a population basis to each political subdivision operating a public safety answering point that has the capability of receiving 911 calls on dedicated 911 trunk lines for expenses incurred for answering, routing, and proper disposition of 911 calls, including payroll costs, readiness costs, and training costs associated with wireless, voice over internet protocol, and nontraditional 911 calls.

(B) In determining the population basis for distribution of funds, the Arkansas 911 Board shall determine, based on the latest federal decennial census, the population of: (i) All unincorporated areas of counties operating a public safety answering point that has the capacity to receive commercial mobile radio service, voice over internet protocol service, or nontraditional 911 calls on dedicated 911 trunk lines; and (ii) All incorporated areas of counties operating a public safety answering point that has the capacity to receive commercial mobile radio service, voice over protocol service, or nontraditional 911 calls on dedicated 911 trunk lines;

(i) All unincorporated areas of counties operating a public safety answering point that has the capacity to receive commercial mobile radio service, voice over internet protocol service, or nontraditional 911 calls on dedicated 911 trunk lines; and

(ii) All incorporated areas of counties operating a public safety answering point that has the capacity to receive commercial mobile radio service, voice over protocol service, or nontraditional 911 calls on dedicated 911 trunk lines;

(2) (A) Not more than fifteen percent (15%) of the total monthly revenues may be used: (i) To purchase a statewide infrastructure for next generation 911, including without limitation ESINet, connectivity costs, and next generation 911 components and equipment; and (ii) By public safety answering points for upgrading, purchasing, programming, installing, and maintaining necessary data, basic 911 geographic information system mapping, hardware, and software, including any network elements required to supply enhanced 911 phase II cellular, voice over internet protocol, and other nontraditional telephone services, in connection with compliance with Federal Communications Commission requirements. (B) (i) A political subdivision operating a public safety answering point shall present invoices to the Arkansas 911 Board in connection with any request for reimbursement under subdivision (d)(2)(A)(ii) of this section. (ii) A request for reimbursement shall be approved by a majority vote of the Arkansas 911 Board. (C) Any invoices presented to the Arkansas 911 Board for reimbursements of costs not described by subdivision (d)(2)(B)(ii) of this section may be approved only by a majority vote of the Arkansas 911 Board;

(A) Not more than fifteen percent (15%) of the total monthly revenues may be used: (i) To purchase a statewide infrastructure for next generation 911, including without limitation ESINet, connectivity costs, and next generation 911 components and equipment; and (ii) By public safety answering points for upgrading, purchasing, programming, installing, and maintaining necessary data, basic 911 geographic information system mapping, hardware, and software, including any network elements required to supply enhanced 911 phase II cellular, voice over internet protocol, and other nontraditional telephone services, in connection with compliance with Federal Communications Commission requirements.

(i) To purchase a statewide infrastructure for next generation 911, including without limitation ESINet, connectivity costs, and next generation 911 components and equipment; and

(ii) By public safety answering points for upgrading, purchasing, programming, installing, and maintaining necessary data, basic 911 geographic information system mapping, hardware, and software, including any network elements required to supply enhanced 911 phase II cellular, voice over internet protocol, and other nontraditional telephone services, in connection with compliance with Federal Communications Commission requirements.

(B) (i) A political subdivision operating a public safety answering point shall present invoices to the Arkansas 911 Board in connection with any request for reimbursement under subdivision (d)(2)(A)(ii) of this section. (ii) A request for reimbursement shall be approved by a majority vote of the Arkansas 911 Board.

(i) A political subdivision operating a public safety answering point shall present invoices to the Arkansas 911 Board in connection with any request for reimbursement under subdivision (d)(2)(A)(ii) of this section.

(ii) A request for reimbursement shall be approved by a majority vote of the Arkansas 911 Board.

(C) Any invoices presented to the Arkansas 911 Board for reimbursements of costs not described by subdivision (d)(2)(B)(ii) of this section may be approved only by a majority vote of the Arkansas 911 Board;

(3) Not more than one and twenty-five hundredths (1.25%) of the monthly revenues may be used by the Arkansas 911 Board to compensate the independent auditor and for administrative expenses, staff, and consulting services; and

(4) All interest received shall be disbursed as prescribed in this subsection.

(e) The Arkansas 911 Board may: (1) Withhold for no less than six (6) months any additional revenue generated by the public safety charge and the prepaid public safety charge under this subchapter; and (2) Calculate a monthly payment amount based on the prior calendar year certifications and remit that amount to the eligible governing body on a monthly basis.

(1) Withhold for no less than six (6) months any additional revenue generated by the public safety charge and the prepaid public safety charge under this subchapter; and

(2) Calculate a monthly payment amount based on the prior calendar year certifications and remit that amount to the eligible governing body on a monthly basis.

(f) (1) All cities and counties operating a public safety answering point shall submit to the Arkansas 911 Board no later than April 1 of each calendar year the following information in the form of a report: (A) An explanation and accounting of the funds received by the city or county and expenditures of the funds received for the previous calendar year, along with a copy of the budget for the previous calendar year and a copy of the year-end appropriation and expenditure analysis of any participating or supporting counties, cities, or agencies; (B) Any information requested by the Arkansas 911 Board concerning local public safety answering point operations, facilities, equipment, personnel, network, interoperability, call volume, telecommunicator training, and supervisor training; (C) A copy of all documents reflecting 911 funds received for the previous calendar year, including without limitation wireless, wireline, general revenues, sales taxes, and other sources used by the city or county for 911 services; and (D) The name of each telecommunicator, the telecommunicator's date of hire, the telecommunicator's date of termination, if applicable, and approved courses by the Arkansas Commission on Law Enforcement Standards and Training completed by the telecommunicator, including without limitation "train the trainer" courses. (2) The chief executive for each public safety answering point shall gather the information necessary for the report under subdivision (f)(1) of this section and provide the report and a copy of the certification of the public safety answering point to the Arkansas 911 Board and to the county intergovernmental coordination council for use in conducting the annual review of services under § 14-27-104 .

(1) All cities and counties operating a public safety answering point shall submit to the Arkansas 911 Board no later than April 1 of each calendar year the following information in the form of a report: (A) An explanation and accounting of the funds received by the city or county and expenditures of the funds received for the previous calendar year, along with a copy of the budget for the previous calendar year and a copy of the year-end appropriation and expenditure analysis of any participating or supporting counties, cities, or agencies; (B) Any information requested by the Arkansas 911 Board concerning local public safety answering point operations, facilities, equipment, personnel, network, interoperability, call volume, telecommunicator training, and supervisor training; (C) A copy of all documents reflecting 911 funds received for the previous calendar year, including without limitation wireless, wireline, general revenues, sales taxes, and other sources used by the city or county for 911 services; and (D) The name of each telecommunicator, the telecommunicator's date of hire, the telecommunicator's date of termination, if applicable, and approved courses by the Arkansas Commission on Law Enforcement Standards and Training completed by the telecommunicator, including without limitation "train the trainer" courses.

(A) An explanation and accounting of the funds received by the city or county and expenditures of the funds received for the previous calendar year, along with a copy of the budget for the previous calendar year and a copy of the year-end appropriation and expenditure analysis of any participating or supporting counties, cities, or agencies;

(B) Any information requested by the Arkansas 911 Board concerning local public safety answering point operations, facilities, equipment, personnel, network, interoperability, call volume, telecommunicator training, and supervisor training;

(C) A copy of all documents reflecting 911 funds received for the previous calendar year, including without limitation wireless, wireline, general revenues, sales taxes, and other sources used by the city or county for 911 services; and

(D) The name of each telecommunicator, the telecommunicator's date of hire, the telecommunicator's date of termination, if applicable, and approved courses by the Arkansas Commission on Law Enforcement Standards and Training completed by the telecommunicator, including without limitation "train the trainer" courses.

(2) The chief executive for each public safety answering point shall gather the information necessary for the report under subdivision (f)(1) of this section and provide the report and a copy of the certification of the public safety answering point to the Arkansas 911 Board and to the county intergovernmental coordination council for use in conducting the annual review of services under § 14-27-104 .

(g) The Arkansas 911 Board may withhold all or part of the disbursement to a public safety answering point if the report of an auditor or the Arkansas 911 Board otherwise confirms that the public safety answering point improperly used funds disbursed by the Arkansas 911 Board for purposes other than those authorized by § 12-10-323 .

(h) (1) Each county shall complete locatable address conversion of 911 physical address, assignment, and mapping within the county and certify to the Arkansas 911 Board that the locatable address conversion is completed no later than the last business day of February 2020. (2) Failure to comply with this section may result in the Arkansas 911 Board's withholding funds from the public safety answering point.

(1) Each county shall complete locatable address conversion of 911 physical address, assignment, and mapping within the county and certify to the Arkansas 911 Board that the locatable address conversion is completed no later than the last business day of February 2020.

(2) Failure to comply with this section may result in the Arkansas 911 Board's withholding funds from the public safety answering point.

(i) The Arkansas 911 Board may contract for 911 services in the implementation of the next generation 911.

(j) (1) The Director of the Division of Emergency Management may: (A) Enter, assign, assume, and execute contract extensions that would otherwise lapse during the transition period between the former Arkansas Emergency Telephone Services Board and the Arkansas 911 Board; and (B) Work with the former Arkansas Emergency Telephone Services Board to ensure a smooth transition between the former Arkansas Emergency Telephone Services Board and the Arkansas 911 Board. (2) The former Arkansas Emergency Telephone Services Board shall continue to receive and disburse funds and continue operations up to the last business day of December 2019. (3) All emergency telephone service charges collected but not yet disbursed, other moneys, and any remaining balance in the interest-bearing account of the former Arkansas Emergency Telephone Services Board shall be transferred to the Arkansas 911 Board by the last business day of December 2019.

(1) The Director of the Division of Emergency Management may: (A) Enter, assign, assume, and execute contract extensions that would otherwise lapse during the transition period between the former Arkansas Emergency Telephone Services Board and the Arkansas 911 Board; and (B) Work with the former Arkansas Emergency Telephone Services Board to ensure a smooth transition between the former Arkansas Emergency Telephone Services Board and the Arkansas 911 Board.

(A) Enter, assign, assume, and execute contract extensions that would otherwise lapse during the transition period between the former Arkansas Emergency Telephone Services Board and the Arkansas 911 Board; and

(B) Work with the former Arkansas Emergency Telephone Services Board to ensure a smooth transition between the former Arkansas Emergency Telephone Services Board and the Arkansas 911 Board.

(2) The former Arkansas Emergency Telephone Services Board shall continue to receive and disburse funds and continue operations up to the last business day of December 2019.

(3) All emergency telephone service charges collected but not yet disbursed, other moneys, and any remaining balance in the interest-bearing account of the former Arkansas Emergency Telephone Services Board shall be transferred to the Arkansas 911 Board by the last business day of December 2019.

Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019.

Acts 1985, No. 683, §§ 2, 4; A.S.A. 1947, §§ 73-1823, 73-1825.
Ark. Code Ann. § 12-29-117 — AR Code / Title 12 / Chapter 29 / Subchapter 1 / Section 12-29-117
Educational, training, and rehabilitative programs
Status: in_force

(a) An inmate who was convicted and sentenced as an adult for an offense he or she committed before he or she attained eighteen (18) years of age shall not be prevented from participating in an educational, training, or rehabilitative program that is otherwise available to other inmates in the general population of the correctional facility in which he or she is housed. (b) (1) The Department of Corrections shall regularly assess the impact and efficacy of educational, training, and rehabilitative programs available to inmates of correctional facilities owned or operated by the department. (2) The assessment required under subdivision (b)(1) of this section shall be conducted by an employee or contractor of the department who has doctoral-level education and experience in evaluating the efficacy of educational, training, and rehabilitative programs. (3) The results of the assessments required under subdivision (b)(1) of this section shall be incorporated into the report on the state of the department required under § 25-43-403(d) . (c) The Secretary of the Department of Corrections shall: (1) Coordinate with the Chief Workforce Officer to ensure that workforce training provided to inmates allows for future employment in fields with adequate demand; and (2) Coordinate with community-based providers to ensure that inmates are being provided appropriate training and programming in preparation for reintegration into the workforce. Amended by Act 2023, No. 659,§ 106, eff. 1/1/2024. Added by Act 2019, No. 821,§ 1, eff. 7/24/2019.

(a) An inmate who was convicted and sentenced as an adult for an offense he or she committed before he or she attained eighteen (18) years of age shall not be prevented from participating in an educational, training, or rehabilitative program that is otherwise available to other inmates in the general population of the correctional facility in which he or she is housed.

(b) (1) The Department of Corrections shall regularly assess the impact and efficacy of educational, training, and rehabilitative programs available to inmates of correctional facilities owned or operated by the department. (2) The assessment required under subdivision (b)(1) of this section shall be conducted by an employee or contractor of the department who has doctoral-level education and experience in evaluating the efficacy of educational, training, and rehabilitative programs. (3) The results of the assessments required under subdivision (b)(1) of this section shall be incorporated into the report on the state of the department required under § 25-43-403(d) .

(1) The Department of Corrections shall regularly assess the impact and efficacy of educational, training, and rehabilitative programs available to inmates of correctional facilities owned or operated by the department.

(2) The assessment required under subdivision (b)(1) of this section shall be conducted by an employee or contractor of the department who has doctoral-level education and experience in evaluating the efficacy of educational, training, and rehabilitative programs.

(3) The results of the assessments required under subdivision (b)(1) of this section shall be incorporated into the report on the state of the department required under § 25-43-403(d) .

(c) The Secretary of the Department of Corrections shall: (1) Coordinate with the Chief Workforce Officer to ensure that workforce training provided to inmates allows for future employment in fields with adequate demand; and (2) Coordinate with community-based providers to ensure that inmates are being provided appropriate training and programming in preparation for reintegration into the workforce.

(1) Coordinate with the Chief Workforce Officer to ensure that workforce training provided to inmates allows for future employment in fields with adequate demand; and

(2) Coordinate with community-based providers to ensure that inmates are being provided appropriate training and programming in preparation for reintegration into the workforce.

Amended by Act 2023, No. 659,§ 106, eff. 1/1/2024.

Added by Act 2019, No. 821,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 12-8-108 — AR Code / Title 12 / Chapter 8 / Subchapter 1 / Section 12-8-108
Security of Governor, capitol building, etc
Status: in_force

(a) The Division of Arkansas State Police shall be responsible for the safety and security of the: (1) Governor and his or her family; (2) Governor's Mansion and mansion grounds; and (3) State Capitol Building and State Capitol grounds. (b) The division is authorized to assign officers of the division in such numbers and to such locations as is necessary to carry out the responsibility imposed on the division by this section. (c) Data, records, communications, surveillance footage, security procedures, emergency plans, and other information compiled or possessed by the division concerning the duties performed by the division as required under subsection (a) of this section are confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (d) (1) Except as provided under subdivision (d)(2) of this section, the division shall submit to the Legislative Council, or to the Joint Budget Committee if the General Assembly is in session, a report on a quarterly basis that identifies by month and budget category the expenses incurred by the Executive Protection Detail for services provided to the Governor. (2) However, the division shall not include information in the quarterly report required under subdivision (d)(1) of this section if it violates subsection (a) of this section. Amended by Act 2023EX1, No. 7,§ 2, eff. 9/14/2023. Amended by Act 2023EX1, No. 7,§ 1, eff. 9/14/2023, app. to subsection (c) retroactively to 6/1/2023. Amended by Act 2023, No. 857,§ 4, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5767, eff. 7/1/2019. Amended by Act 2017, No. 483,§ 1, eff. 8/1/2017. Acts 1973, No. 422, § 1; A.S.A. 1947, § 5-914.1.

(a) The Division of Arkansas State Police shall be responsible for the safety and security of the: (1) Governor and his or her family; (2) Governor's Mansion and mansion grounds; and (3) State Capitol Building and State Capitol grounds.

(1) Governor and his or her family;

(2) Governor's Mansion and mansion grounds; and

(3) State Capitol Building and State Capitol grounds.

(b) The division is authorized to assign officers of the division in such numbers and to such locations as is necessary to carry out the responsibility imposed on the division by this section.

(c) Data, records, communications, surveillance footage, security procedures, emergency plans, and other information compiled or possessed by the division concerning the duties performed by the division as required under subsection (a) of this section are confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(d) (1) Except as provided under subdivision (d)(2) of this section, the division shall submit to the Legislative Council, or to the Joint Budget Committee if the General Assembly is in session, a report on a quarterly basis that identifies by month and budget category the expenses incurred by the Executive Protection Detail for services provided to the Governor. (2) However, the division shall not include information in the quarterly report required under subdivision (d)(1) of this section if it violates subsection (a) of this section.

(1) Except as provided under subdivision (d)(2) of this section, the division shall submit to the Legislative Council, or to the Joint Budget Committee if the General Assembly is in session, a report on a quarterly basis that identifies by month and budget category the expenses incurred by the Executive Protection Detail for services provided to the Governor.

(2) However, the division shall not include information in the quarterly report required under subdivision (d)(1) of this section if it violates subsection (a) of this section.

Amended by Act 2023EX1, No. 7,§ 2, eff. 9/14/2023.

Amended by Act 2023EX1, No. 7,§ 1, eff. 9/14/2023, app. to subsection (c) retroactively to 6/1/2023.

Amended by Act 2023, No. 857,§ 4, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5767, eff. 7/1/2019.

Amended by Act 2017, No. 483,§ 1, eff. 8/1/2017.

Acts 1973, No. 422, § 1; A.S.A. 1947, § 5-914.1.
Ark. Code Ann. § 12-26-105 — AR Code / Title 12 / Chapter 26 / Section 12-26-105
Criminal detention facility review committee districts and committees created - Members
Status: in_force

(a) There are created eight (8) criminal detention facility review committee districts as follows: (1) Criminal Detention Facility Review Committee District One is composed of the following counties: Baxter, Benton, Boone, Carroll, Madison, Marion, Newton, Searcy, and Washington; (2) Criminal Detention Facility Review Committee District Two is composed of the following counties: Cleburne, Conway, Faulkner, Fulton, Independence, Izard, Sharp, Stone, Van Buren, and White; (3) Criminal Detention Facility Review Committee District Three is composed of the following counties: Clay, Craighead, Greene, Jackson, Lawrence, Mississippi, Poinsett, and Randolph; (4) Criminal Detention Facility Review Committee District Four is composed of the following counties: Crawford, Franklin, Johnson, Logan, Montgomery, Polk, Pope, Scott, Sebastian, and Yell; (5) Criminal Detention Facility Review Committee District Five is composed of the following counties: Crittenden, Cross, Lee, Lonoke, Monroe, Phillips, Prairie, St. Francis, and Woodruff; (6) Criminal Detention Facility Review Committee District Six is composed of the following counties: Arkansas, Garland, Grant, Hot Spring, Jefferson, Perry, Pulaski, and Saline; (7) Criminal Detention Facility Review Committee District Seven is composed of the following counties: Clark, Columbia, Hempstead, Howard, Lafayette, Little River, Miller, Nevada, Ouachita, Pike, and Sevier; and (8) Criminal Detention Facility Review Committee District Eight is composed of the following counties: Ashley, Bradley, Calhoun, Chicot, Cleveland, Dallas, Desha, Drew, Lincoln, and Union. (b) (1) There is created within each district a criminal detention facility review committee to be composed of five (5) members who are residents within the district and who do not hold public office. (2) The Governor shall appoint the members of a committee for a term of four (4) years as follows: (A) A county in the district shall be represented on the committee by no more than one (1) member; (B) At least one (1) member on the committee shall be a youth services worker or juvenile advocate; (C) The Governor may reappoint a member of the committee to the committee at the end of the member's term; and (D) If a vacancy occurs on the committee, the remaining members of the committee shall notify in writing the Governor of the vacancy, and the Governor shall appoint another member to serve the remainder of the vacated term. (c) Each year the members of a committee shall elect one (1) member to serve as chair. (d) (1) A committee shall function as a state agency within the Department of Public Safety. (2) (A) A member of a committee has all of the rights and privileges of a state officer while performing his or her duties as assigned by this chapter. (B) Subdivision (d)(2)(A) of this section extends to any case that may arise as a result of the duties assigned by this chapter without a time limitation except as may already exist by other statutes. (e) (1) A member of a committee shall receive no compensation or remuneration, however the state shall reimburse a member for clerical and typing expenses approved by the Criminal Detention Facilities Review Coordinator. (2) A member of a committee may receive expense reimbursement in accordance with § 25-16-901 et seq. Amended by Act 2023, No. 306,§ 4, eff. 7/1/2023. Amended by Act 2017, No. 153,§ 4, eff. 1/1/2019. Acts 1983, No. 741, § 4; 1985, No. 539, §§ 2, 3; A.S.A. 1947, § 46-1213; Acts 1989, No. 515, § 1; 1997, No. 250, § 70. Act 2023, No. 306,§ 4purported to amend Arkansas Code § 12-26-107(d)(1), concerning criminal detention facilities; however, that amendment has been implemented here to reflect the apparent intent of the legislators.

(a) There are created eight (8) criminal detention facility review committee districts as follows: (1) Criminal Detention Facility Review Committee District One is composed of the following counties: Baxter, Benton, Boone, Carroll, Madison, Marion, Newton, Searcy, and Washington; (2) Criminal Detention Facility Review Committee District Two is composed of the following counties: Cleburne, Conway, Faulkner, Fulton, Independence, Izard, Sharp, Stone, Van Buren, and White; (3) Criminal Detention Facility Review Committee District Three is composed of the following counties: Clay, Craighead, Greene, Jackson, Lawrence, Mississippi, Poinsett, and Randolph; (4) Criminal Detention Facility Review Committee District Four is composed of the following counties: Crawford, Franklin, Johnson, Logan, Montgomery, Polk, Pope, Scott, Sebastian, and Yell; (5) Criminal Detention Facility Review Committee District Five is composed of the following counties: Crittenden, Cross, Lee, Lonoke, Monroe, Phillips, Prairie, St. Francis, and Woodruff; (6) Criminal Detention Facility Review Committee District Six is composed of the following counties: Arkansas, Garland, Grant, Hot Spring, Jefferson, Perry, Pulaski, and Saline; (7) Criminal Detention Facility Review Committee District Seven is composed of the following counties: Clark, Columbia, Hempstead, Howard, Lafayette, Little River, Miller, Nevada, Ouachita, Pike, and Sevier; and (8) Criminal Detention Facility Review Committee District Eight is composed of the following counties: Ashley, Bradley, Calhoun, Chicot, Cleveland, Dallas, Desha, Drew, Lincoln, and Union.

(1) Criminal Detention Facility Review Committee District One is composed of the following counties: Baxter, Benton, Boone, Carroll, Madison, Marion, Newton, Searcy, and Washington;

(2) Criminal Detention Facility Review Committee District Two is composed of the following counties: Cleburne, Conway, Faulkner, Fulton, Independence, Izard, Sharp, Stone, Van Buren, and White;

(3) Criminal Detention Facility Review Committee District Three is composed of the following counties: Clay, Craighead, Greene, Jackson, Lawrence, Mississippi, Poinsett, and Randolph;

(4) Criminal Detention Facility Review Committee District Four is composed of the following counties: Crawford, Franklin, Johnson, Logan, Montgomery, Polk, Pope, Scott, Sebastian, and Yell;

(5) Criminal Detention Facility Review Committee District Five is composed of the following counties: Crittenden, Cross, Lee, Lonoke, Monroe, Phillips, Prairie, St. Francis, and Woodruff;

(6) Criminal Detention Facility Review Committee District Six is composed of the following counties: Arkansas, Garland, Grant, Hot Spring, Jefferson, Perry, Pulaski, and Saline;

(7) Criminal Detention Facility Review Committee District Seven is composed of the following counties: Clark, Columbia, Hempstead, Howard, Lafayette, Little River, Miller, Nevada, Ouachita, Pike, and Sevier; and

(8) Criminal Detention Facility Review Committee District Eight is composed of the following counties: Ashley, Bradley, Calhoun, Chicot, Cleveland, Dallas, Desha, Drew, Lincoln, and Union.

(b) (1) There is created within each district a criminal detention facility review committee to be composed of five (5) members who are residents within the district and who do not hold public office. (2) The Governor shall appoint the members of a committee for a term of four (4) years as follows: (A) A county in the district shall be represented on the committee by no more than one (1) member; (B) At least one (1) member on the committee shall be a youth services worker or juvenile advocate; (C) The Governor may reappoint a member of the committee to the committee at the end of the member's term; and (D) If a vacancy occurs on the committee, the remaining members of the committee shall notify in writing the Governor of the vacancy, and the Governor shall appoint another member to serve the remainder of the vacated term.

(1) There is created within each district a criminal detention facility review committee to be composed of five (5) members who are residents within the district and who do not hold public office.

(2) The Governor shall appoint the members of a committee for a term of four (4) years as follows: (A) A county in the district shall be represented on the committee by no more than one (1) member; (B) At least one (1) member on the committee shall be a youth services worker or juvenile advocate; (C) The Governor may reappoint a member of the committee to the committee at the end of the member's term; and (D) If a vacancy occurs on the committee, the remaining members of the committee shall notify in writing the Governor of the vacancy, and the Governor shall appoint another member to serve the remainder of the vacated term.

(A) A county in the district shall be represented on the committee by no more than one (1) member;

(B) At least one (1) member on the committee shall be a youth services worker or juvenile advocate;

(C) The Governor may reappoint a member of the committee to the committee at the end of the member's term; and

(D) If a vacancy occurs on the committee, the remaining members of the committee shall notify in writing the Governor of the vacancy, and the Governor shall appoint another member to serve the remainder of the vacated term.

(c) Each year the members of a committee shall elect one (1) member to serve as chair.

(d) (1) A committee shall function as a state agency within the Department of Public Safety. (2) (A) A member of a committee has all of the rights and privileges of a state officer while performing his or her duties as assigned by this chapter. (B) Subdivision (d)(2)(A) of this section extends to any case that may arise as a result of the duties assigned by this chapter without a time limitation except as may already exist by other statutes.

(1) A committee shall function as a state agency within the Department of Public Safety.

(2) (A) A member of a committee has all of the rights and privileges of a state officer while performing his or her duties as assigned by this chapter. (B) Subdivision (d)(2)(A) of this section extends to any case that may arise as a result of the duties assigned by this chapter without a time limitation except as may already exist by other statutes.

(A) A member of a committee has all of the rights and privileges of a state officer while performing his or her duties as assigned by this chapter.

(B) Subdivision (d)(2)(A) of this section extends to any case that may arise as a result of the duties assigned by this chapter without a time limitation except as may already exist by other statutes.

(e) (1) A member of a committee shall receive no compensation or remuneration, however the state shall reimburse a member for clerical and typing expenses approved by the Criminal Detention Facilities Review Coordinator. (2) A member of a committee may receive expense reimbursement in accordance with § 25-16-901 et seq.

(1) A member of a committee shall receive no compensation or remuneration, however the state shall reimburse a member for clerical and typing expenses approved by the Criminal Detention Facilities Review Coordinator.

(2) A member of a committee may receive expense reimbursement in accordance with § 25-16-901 et seq.

Amended by Act 2023, No. 306,§ 4, eff. 7/1/2023.

Amended by Act 2017, No. 153,§ 4, eff. 1/1/2019.

Acts 1983, No. 741, § 4; 1985, No. 539, §§ 2, 3; A.S.A. 1947, § 46-1213; Acts 1989, No. 515, § 1; 1997, No. 250, § 70.

Act 2023, No. 306,§ 4purported to amend Arkansas Code § 12-26-107(d)(1), concerning criminal detention facilities; however, that amendment has been implemented here to reflect the apparent intent of the legislators.
Ark. Code Ann. § 12-64-705 — AR Code / Title 12 / Chapter 64 / Subchapter 7 / Section 12-64-705
Approval by convening authority
Status: in_force

In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and as he or she in his or her discretion determines should be approved. Unless he or she indicates otherwise, approval of the sentence is approval of the findings and sentence. Acts 1969, No. 50, § 110; A.S.A. 1947, § 11-665.

In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and as he or she in his or her discretion determines should be approved. Unless he or she indicates otherwise, approval of the sentence is approval of the findings and sentence.

Acts 1969, No. 50, § 110; A.S.A. 1947, § 11-665.
Ark. Code Ann. § 12-64-603 — AR Code / Title 12 / Chapter 64 / Subchapter 6 / Section 12-64-603
Sentence of dismissal or discharge
Status: in_force

(a) A dishonorable discharge, bad conduct discharge, or dismissal shall not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made. (b) No sentence of dismissal or dishonorable discharge may be executed until it is approved by the Governor or the commanding general of the organized militia. Amended by Act 2015, No. 1003,§ 23, eff. 7/22/2015. Acts 1969, No. 50, §§ 65, 66; A.S.A. 1947, §§ 11-620, 11-621.

(a) A dishonorable discharge, bad conduct discharge, or dismissal shall not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made.

(b) No sentence of dismissal or dishonorable discharge may be executed until it is approved by the Governor or the commanding general of the organized militia.

Amended by Act 2015, No. 1003,§ 23, eff. 7/22/2015.

Acts 1969, No. 50, §§ 65, 66; A.S.A. 1947, §§ 11-620, 11-621.
Ark. Code Ann. § 12-12-403 — AR Code / Title 12 / Chapter 12 / Subchapter 4 / Section 12-12-403
Examinations and treatment - Payment
Status: in_force

(a) All licensed emergency departments shall provide prompt, appropriate emergency medical-legal examinations for sexual assault victims. (b) (1) (A) All victims shall be exempted from the payment of expenses incurred as a result of receiving a medical-legal examination if the victim receives the medical-legal examination within ninety-six (96) hours of the attack. (B) However, the time limitation of ninety-six (96) hours may be waived if the victim is a minor or if the Crime Victims Reparations Board finds that good cause exists for the failure to provide the medical-legal examination within the required time. (2) (A) This subsection does not require a victim of sexual assault to participate in the criminal justice system or to cooperate with law enforcement in order to be provided with a forensic medical exam or reimbursement for charges incurred on account of a forensic medical exam, or both. (B) Subdivision (b)(2)(A) of this section does not preclude a report of suspected abuse or neglect as permitted or required by the Child Maltreatment Act, § 12-18-101 et seq. (c) (1) A licensed healthcare provider that performs a medical-legal examination shall submit a sexual assault reimbursement form, an itemized statement that meets the requirements of 45 C.F.R. § 164.512(d) , as it existed on January 2, 2001, directly to the board for payment. (2) The licensed healthcare provider shall not submit any remaining balance after reimbursement by the board to the victim. (3) Acceptance of payment of the expenses of the medical-legal examination by the board shall be considered payment in full and bars any legal action for collection. Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 920,§ 1, eff. 8/1/2017. Acts 1983, No. 403, §§ 4, 5; A.S.A. 1947, §§ 41-1823, 41-1824; Acts 1991, No. 396, § 8; 2001, No. 993, § 3; 2007, No. 676, § 4; 2009, No. 758, § 24.

(a) All licensed emergency departments shall provide prompt, appropriate emergency medical-legal examinations for sexual assault victims.

(b) (1) (A) All victims shall be exempted from the payment of expenses incurred as a result of receiving a medical-legal examination if the victim receives the medical-legal examination within ninety-six (96) hours of the attack. (B) However, the time limitation of ninety-six (96) hours may be waived if the victim is a minor or if the Crime Victims Reparations Board finds that good cause exists for the failure to provide the medical-legal examination within the required time. (2) (A) This subsection does not require a victim of sexual assault to participate in the criminal justice system or to cooperate with law enforcement in order to be provided with a forensic medical exam or reimbursement for charges incurred on account of a forensic medical exam, or both. (B) Subdivision (b)(2)(A) of this section does not preclude a report of suspected abuse or neglect as permitted or required by the Child Maltreatment Act, § 12-18-101 et seq.

(1) (A) All victims shall be exempted from the payment of expenses incurred as a result of receiving a medical-legal examination if the victim receives the medical-legal examination within ninety-six (96) hours of the attack. (B) However, the time limitation of ninety-six (96) hours may be waived if the victim is a minor or if the Crime Victims Reparations Board finds that good cause exists for the failure to provide the medical-legal examination within the required time.

(A) All victims shall be exempted from the payment of expenses incurred as a result of receiving a medical-legal examination if the victim receives the medical-legal examination within ninety-six (96) hours of the attack.

(B) However, the time limitation of ninety-six (96) hours may be waived if the victim is a minor or if the Crime Victims Reparations Board finds that good cause exists for the failure to provide the medical-legal examination within the required time.

(2) (A) This subsection does not require a victim of sexual assault to participate in the criminal justice system or to cooperate with law enforcement in order to be provided with a forensic medical exam or reimbursement for charges incurred on account of a forensic medical exam, or both. (B) Subdivision (b)(2)(A) of this section does not preclude a report of suspected abuse or neglect as permitted or required by the Child Maltreatment Act, § 12-18-101 et seq.

(A) This subsection does not require a victim of sexual assault to participate in the criminal justice system or to cooperate with law enforcement in order to be provided with a forensic medical exam or reimbursement for charges incurred on account of a forensic medical exam, or both.

(B) Subdivision (b)(2)(A) of this section does not preclude a report of suspected abuse or neglect as permitted or required by the Child Maltreatment Act, § 12-18-101 et seq.

(c) (1) A licensed healthcare provider that performs a medical-legal examination shall submit a sexual assault reimbursement form, an itemized statement that meets the requirements of 45 C.F.R. § 164.512(d) , as it existed on January 2, 2001, directly to the board for payment. (2) The licensed healthcare provider shall not submit any remaining balance after reimbursement by the board to the victim. (3) Acceptance of payment of the expenses of the medical-legal examination by the board shall be considered payment in full and bars any legal action for collection.

(1) A licensed healthcare provider that performs a medical-legal examination shall submit a sexual assault reimbursement form, an itemized statement that meets the requirements of 45 C.F.R. § 164.512(d) , as it existed on January 2, 2001, directly to the board for payment.

(2) The licensed healthcare provider shall not submit any remaining balance after reimbursement by the board to the victim.

(3) Acceptance of payment of the expenses of the medical-legal examination by the board shall be considered payment in full and bars any legal action for collection.

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

Amended by Act 2017, No. 920,§ 1, eff. 8/1/2017.

Acts 1983, No. 403, §§ 4, 5; A.S.A. 1947, §§ 41-1823, 41-1824; Acts 1991, No. 396, § 8; 2001, No. 993, § 3; 2007, No. 676, § 4; 2009, No. 758, § 24.