Ark. Code Ann. § 12-20-202 — AR Code / Title 12 / Chapter 20 / Subchapter 2 / Section 12-20-202
Private school or private college or university law enforcement officer's duties and powers - Definition
Status: in_force

(a) A private school or private college or university law enforcement officer's primary jurisdiction is the private school or private college or university employing him or her, and except to the extent otherwise limited by the executive head of the private school or private college or university appointing him or her, the private school or private college or university law enforcement officer shall: (1) Protect property; (2) Preserve and maintain proper order and decorum; (3) Prevent unlawful assemblies, disorderly conduct, and trespass; (4) Exclude and eject persons detrimental to the well-being of the private school or private college or university; and (5) Regulate the operation and parking of motor vehicles upon property of the private school or private college or university. (b) (1) A private school or private college or university law enforcement officer shall exercise police supervision on behalf of the private school or private college or university and may arrest any person in the private school or private college or university law enforcement officer's primary jurisdiction who is committing an offense against any law of the State of Arkansas or against the ordinances of the city or county in which the private school or private college or university is located. (2) A private school or private college or university law enforcement officer may summon a posse comitatus if necessary to complete an arrest under subdivision (b)(1) of this section. (c) A private school or private college or university law enforcement officer may make an arrest for an offense against any law of the State of Arkansas outside his or her primary jurisdiction if the private school or private college or university law enforcement officer is: (1) Summoned by another law enforcement agency to provide assistance; (2) Assisting another law enforcement agency; (3) Exercising his or her police powers in accordance with a written mutual aid agreement or memorandum of understanding between the private school or private college or university and the municipality or county within which the private school or private college or university is located; or (4) (A) Traveling to or from any location in the state on official business. (B) As used in subdivision (c)(4)(A) of this section, "official business" includes without limitation: (i) Engaging in intelligence-gathering activity relating to security on the property of the private school or private college or university employing him or her; (ii) Investigating a crime committed on the property of the private school or private college or university employing him or her; (iii) Transporting money, valuables, securities, or other valuables on behalf of the private school or private college or university employing him or her; (iv) Providing security or protective services for officials or visiting dignitaries to the private school or private college or university employing him or her; or (v) Continuously and immediately pursuing a person for an offense committed on the property of the private school or private college or university employing him or her or in the private school or private college or university law enforcement officer's eyesight. (d) (1) When a private school or private college or university law enforcement officer makes an arrest outside his or her primary jurisdiction, the private school or private college or university law enforcement officer shall promptly notify the law enforcement agency with jurisdiction and forward a written report to the law enforcement agency with jurisdiction no later than the next working day. (2) The law enforcement agency having jurisdiction may choose to conduct the investigation or allow the private school or private college or university law enforcement officer to conduct the investigation. Amended by Act 2021, No. 535,§ 4, eff. 7/28/2021. Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.

(a) A private school or private college or university law enforcement officer's primary jurisdiction is the private school or private college or university employing him or her, and except to the extent otherwise limited by the executive head of the private school or private college or university appointing him or her, the private school or private college or university law enforcement officer shall: (1) Protect property; (2) Preserve and maintain proper order and decorum; (3) Prevent unlawful assemblies, disorderly conduct, and trespass; (4) Exclude and eject persons detrimental to the well-being of the private school or private college or university; and (5) Regulate the operation and parking of motor vehicles upon property of the private school or private college or university.

(1) Protect property;

(2) Preserve and maintain proper order and decorum;

(3) Prevent unlawful assemblies, disorderly conduct, and trespass;

(4) Exclude and eject persons detrimental to the well-being of the private school or private college or university; and

(5) Regulate the operation and parking of motor vehicles upon property of the private school or private college or university.

(b) (1) A private school or private college or university law enforcement officer shall exercise police supervision on behalf of the private school or private college or university and may arrest any person in the private school or private college or university law enforcement officer's primary jurisdiction who is committing an offense against any law of the State of Arkansas or against the ordinances of the city or county in which the private school or private college or university is located. (2) A private school or private college or university law enforcement officer may summon a posse comitatus if necessary to complete an arrest under subdivision (b)(1) of this section.

(1) A private school or private college or university law enforcement officer shall exercise police supervision on behalf of the private school or private college or university and may arrest any person in the private school or private college or university law enforcement officer's primary jurisdiction who is committing an offense against any law of the State of Arkansas or against the ordinances of the city or county in which the private school or private college or university is located.

(2) A private school or private college or university law enforcement officer may summon a posse comitatus if necessary to complete an arrest under subdivision (b)(1) of this section.

(c) A private school or private college or university law enforcement officer may make an arrest for an offense against any law of the State of Arkansas outside his or her primary jurisdiction if the private school or private college or university law enforcement officer is: (1) Summoned by another law enforcement agency to provide assistance; (2) Assisting another law enforcement agency; (3) Exercising his or her police powers in accordance with a written mutual aid agreement or memorandum of understanding between the private school or private college or university and the municipality or county within which the private school or private college or university is located; or (4) (A) Traveling to or from any location in the state on official business. (B) As used in subdivision (c)(4)(A) of this section, "official business" includes without limitation: (i) Engaging in intelligence-gathering activity relating to security on the property of the private school or private college or university employing him or her; (ii) Investigating a crime committed on the property of the private school or private college or university employing him or her; (iii) Transporting money, valuables, securities, or other valuables on behalf of the private school or private college or university employing him or her; (iv) Providing security or protective services for officials or visiting dignitaries to the private school or private college or university employing him or her; or (v) Continuously and immediately pursuing a person for an offense committed on the property of the private school or private college or university employing him or her or in the private school or private college or university law enforcement officer's eyesight.

(1) Summoned by another law enforcement agency to provide assistance;

(2) Assisting another law enforcement agency;

(3) Exercising his or her police powers in accordance with a written mutual aid agreement or memorandum of understanding between the private school or private college or university and the municipality or county within which the private school or private college or university is located; or

(4) (A) Traveling to or from any location in the state on official business. (B) As used in subdivision (c)(4)(A) of this section, "official business" includes without limitation: (i) Engaging in intelligence-gathering activity relating to security on the property of the private school or private college or university employing him or her; (ii) Investigating a crime committed on the property of the private school or private college or university employing him or her; (iii) Transporting money, valuables, securities, or other valuables on behalf of the private school or private college or university employing him or her; (iv) Providing security or protective services for officials or visiting dignitaries to the private school or private college or university employing him or her; or (v) Continuously and immediately pursuing a person for an offense committed on the property of the private school or private college or university employing him or her or in the private school or private college or university law enforcement officer's eyesight.

(A) Traveling to or from any location in the state on official business.

(B) As used in subdivision (c)(4)(A) of this section, "official business" includes without limitation: (i) Engaging in intelligence-gathering activity relating to security on the property of the private school or private college or university employing him or her; (ii) Investigating a crime committed on the property of the private school or private college or university employing him or her; (iii) Transporting money, valuables, securities, or other valuables on behalf of the private school or private college or university employing him or her; (iv) Providing security or protective services for officials or visiting dignitaries to the private school or private college or university employing him or her; or (v) Continuously and immediately pursuing a person for an offense committed on the property of the private school or private college or university employing him or her or in the private school or private college or university law enforcement officer's eyesight.

(i) Engaging in intelligence-gathering activity relating to security on the property of the private school or private college or university employing him or her;

(ii) Investigating a crime committed on the property of the private school or private college or university employing him or her;

(iii) Transporting money, valuables, securities, or other valuables on behalf of the private school or private college or university employing him or her;

(iv) Providing security or protective services for officials or visiting dignitaries to the private school or private college or university employing him or her; or

(v) Continuously and immediately pursuing a person for an offense committed on the property of the private school or private college or university employing him or her or in the private school or private college or university law enforcement officer's eyesight.

(d) (1) When a private school or private college or university law enforcement officer makes an arrest outside his or her primary jurisdiction, the private school or private college or university law enforcement officer shall promptly notify the law enforcement agency with jurisdiction and forward a written report to the law enforcement agency with jurisdiction no later than the next working day. (2) The law enforcement agency having jurisdiction may choose to conduct the investigation or allow the private school or private college or university law enforcement officer to conduct the investigation.

(1) When a private school or private college or university law enforcement officer makes an arrest outside his or her primary jurisdiction, the private school or private college or university law enforcement officer shall promptly notify the law enforcement agency with jurisdiction and forward a written report to the law enforcement agency with jurisdiction no later than the next working day.

(2) The law enforcement agency having jurisdiction may choose to conduct the investigation or allow the private school or private college or university law enforcement officer to conduct the investigation.

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

Added by Act 2013, No. 227,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 12-63-305 — AR Code / Title 12 / Chapter 63 / Subchapter 3 / Section 12-63-305
Conveyance or disposal of military real property
Status: in_force

(a) (1) (A) If the Adjutant General of the State of Arkansas determines that any military reservation, armory, landing field, hangar, or any other estate in real property owned or possessed by the State of Arkansas for the use and benefit of the Arkansas National Guard or the armed forces of the United States is no longer useful or necessary for National Guard or other military purposes, the Adjutant General shall then have authority to sell, convey, or otherwise dispose of the property. (B) The Adjutant General may sell, convey, or otherwise dispose of property under this section by deed, lease, license, permit, or other instrument executed by him or her on behalf of and in the name of the State of Arkansas. (C) The Adjutant General shall approve the price, consideration, and other terms and conditions related to the sale, conveyance, or other disposal of property under this section. (2) The Adjutant General may also enter into agreements with cities, counties, school boards, other political subdivisions of the state, or any other public entity, body, board, commission, agency, or governmental corporation to convey an estate in real property or other improvements formerly used for National Guard purposes to the political subdivision or public entity in the event the Adjutant General determines that the transfer would be in the better interest of the National Guard and the local community, subject to any reversionary interest that may exist with respect to the estate in favor of the State of Arkansas or of the United States. (3) Any conveyance under this section is subject to the approval of the Secretary of the Army or the Secretary of the Air Force, as the case may be, and in compliance with applicable regulations and instructions. (b) (1) When and if, in the judgment of the Adjutant General, the use of any parcel of real property or any armory, warehouse, or other improvements thereon located owned by or leased to the State of Arkansas for the use and benefit of the National Guard or any portion thereof is temporarily not required and not necessary for National Guard purposes, the Adjutant General shall have authority to lease or sublease any real property or portion thereof for such a rental and on such terms and conditions and for such a period of time as the Adjutant General shall deem to the best interest of the National Guard. The lease or sublease contract shall be executed by the Adjutant General for and in the name and behalf of the State of Arkansas. (2) Every lease contract shall contain suitable provision for the immediate suspension or termination of the contract in the event of the occurrence of an emergency rendering the use of the property by the National Guard necessary for its military purposes and may provide for a refund out of the Special Military Fund to the lessee or sublessee of a rental paid in advance for the period covered by the lease during which the lessee or sublessee is by reason of the emergency deprived of the use of the property. (c) (1) (A) Before the Adjutant General shall lease, rent, sell, convey, or otherwise dispose of any estate in any real property or improvement on the property other than a lease or rental for thirty (30) days or less for the use of real property, buildings, armories, airfields, or other improvements that are temporarily not required for military purposes, he or she shall publish a notice one (1) time in some newspaper published and having a general circulation in the state at least ten (10) days before the date on which the property is offered for conveyance or disposal. (B) The notice shall describe the estate or property and notify all interested persons that the estate or property will be conveyed or disposed of and of the conditions, terms, time, and place at which bids or requests for proposals shall be received for the estate or property. (2) Bids or proposals for the conveyance, disposal, purchase, lease, or other disposition of the estate in any real property substantially on the terms specified in the notice shall be received by the Adjutant General at the time and place specified in the notice in the form of open or sealed bids or requests for proposals, as the Adjutant General may direct. (3) Subject to the Adjutant General's right to reject all bids and proposals, the property shall be conveyed to the person, firm, or corporation submitting the bid or proposal which in the judgment of the Adjutant General, taking into consideration the amount to be paid and the terms and conditions of the conveyance, is most advantageous to the security and interests of the State of Arkansas and the United States. (d) (1) The purchase price, rental, or other moneys to be paid for the conveyance of the estate or property for a period of more than thirty (30) days under the terms, conditions, and consideration of the conveyance shall be deposited into the State Treasury. (2) The moneys shall be credited to the Special Military Fund, to be used by the Adjutant General for the purposes of constructing, repairing, or maintaining hangars, armories, or other property held by the State of Arkansas for the use and benefit of its National Guard, subject to any priority interest of the United States in such proceeds. Acts 1969, No. 50, §§ 178, 182; 1977, No. 516, § 1; A.S.A. 1947, §§ 11-802, 11-806; Acts 2003, No. 1094, § 3.

(a) (1) (A) If the Adjutant General of the State of Arkansas determines that any military reservation, armory, landing field, hangar, or any other estate in real property owned or possessed by the State of Arkansas for the use and benefit of the Arkansas National Guard or the armed forces of the United States is no longer useful or necessary for National Guard or other military purposes, the Adjutant General shall then have authority to sell, convey, or otherwise dispose of the property. (B) The Adjutant General may sell, convey, or otherwise dispose of property under this section by deed, lease, license, permit, or other instrument executed by him or her on behalf of and in the name of the State of Arkansas. (C) The Adjutant General shall approve the price, consideration, and other terms and conditions related to the sale, conveyance, or other disposal of property under this section. (2) The Adjutant General may also enter into agreements with cities, counties, school boards, other political subdivisions of the state, or any other public entity, body, board, commission, agency, or governmental corporation to convey an estate in real property or other improvements formerly used for National Guard purposes to the political subdivision or public entity in the event the Adjutant General determines that the transfer would be in the better interest of the National Guard and the local community, subject to any reversionary interest that may exist with respect to the estate in favor of the State of Arkansas or of the United States. (3) Any conveyance under this section is subject to the approval of the Secretary of the Army or the Secretary of the Air Force, as the case may be, and in compliance with applicable regulations and instructions.

(1) (A) If the Adjutant General of the State of Arkansas determines that any military reservation, armory, landing field, hangar, or any other estate in real property owned or possessed by the State of Arkansas for the use and benefit of the Arkansas National Guard or the armed forces of the United States is no longer useful or necessary for National Guard or other military purposes, the Adjutant General shall then have authority to sell, convey, or otherwise dispose of the property. (B) The Adjutant General may sell, convey, or otherwise dispose of property under this section by deed, lease, license, permit, or other instrument executed by him or her on behalf of and in the name of the State of Arkansas. (C) The Adjutant General shall approve the price, consideration, and other terms and conditions related to the sale, conveyance, or other disposal of property under this section.

(A) If the Adjutant General of the State of Arkansas determines that any military reservation, armory, landing field, hangar, or any other estate in real property owned or possessed by the State of Arkansas for the use and benefit of the Arkansas National Guard or the armed forces of the United States is no longer useful or necessary for National Guard or other military purposes, the Adjutant General shall then have authority to sell, convey, or otherwise dispose of the property.

(B) The Adjutant General may sell, convey, or otherwise dispose of property under this section by deed, lease, license, permit, or other instrument executed by him or her on behalf of and in the name of the State of Arkansas.

(C) The Adjutant General shall approve the price, consideration, and other terms and conditions related to the sale, conveyance, or other disposal of property under this section.

(2) The Adjutant General may also enter into agreements with cities, counties, school boards, other political subdivisions of the state, or any other public entity, body, board, commission, agency, or governmental corporation to convey an estate in real property or other improvements formerly used for National Guard purposes to the political subdivision or public entity in the event the Adjutant General determines that the transfer would be in the better interest of the National Guard and the local community, subject to any reversionary interest that may exist with respect to the estate in favor of the State of Arkansas or of the United States.

(3) Any conveyance under this section is subject to the approval of the Secretary of the Army or the Secretary of the Air Force, as the case may be, and in compliance with applicable regulations and instructions.

(b) (1) When and if, in the judgment of the Adjutant General, the use of any parcel of real property or any armory, warehouse, or other improvements thereon located owned by or leased to the State of Arkansas for the use and benefit of the National Guard or any portion thereof is temporarily not required and not necessary for National Guard purposes, the Adjutant General shall have authority to lease or sublease any real property or portion thereof for such a rental and on such terms and conditions and for such a period of time as the Adjutant General shall deem to the best interest of the National Guard. The lease or sublease contract shall be executed by the Adjutant General for and in the name and behalf of the State of Arkansas. (2) Every lease contract shall contain suitable provision for the immediate suspension or termination of the contract in the event of the occurrence of an emergency rendering the use of the property by the National Guard necessary for its military purposes and may provide for a refund out of the Special Military Fund to the lessee or sublessee of a rental paid in advance for the period covered by the lease during which the lessee or sublessee is by reason of the emergency deprived of the use of the property.

(1) When and if, in the judgment of the Adjutant General, the use of any parcel of real property or any armory, warehouse, or other improvements thereon located owned by or leased to the State of Arkansas for the use and benefit of the National Guard or any portion thereof is temporarily not required and not necessary for National Guard purposes, the Adjutant General shall have authority to lease or sublease any real property or portion thereof for such a rental and on such terms and conditions and for such a period of time as the Adjutant General shall deem to the best interest of the National Guard. The lease or sublease contract shall be executed by the Adjutant General for and in the name and behalf of the State of Arkansas.

(2) Every lease contract shall contain suitable provision for the immediate suspension or termination of the contract in the event of the occurrence of an emergency rendering the use of the property by the National Guard necessary for its military purposes and may provide for a refund out of the Special Military Fund to the lessee or sublessee of a rental paid in advance for the period covered by the lease during which the lessee or sublessee is by reason of the emergency deprived of the use of the property.

(c) (1) (A) Before the Adjutant General shall lease, rent, sell, convey, or otherwise dispose of any estate in any real property or improvement on the property other than a lease or rental for thirty (30) days or less for the use of real property, buildings, armories, airfields, or other improvements that are temporarily not required for military purposes, he or she shall publish a notice one (1) time in some newspaper published and having a general circulation in the state at least ten (10) days before the date on which the property is offered for conveyance or disposal. (B) The notice shall describe the estate or property and notify all interested persons that the estate or property will be conveyed or disposed of and of the conditions, terms, time, and place at which bids or requests for proposals shall be received for the estate or property. (2) Bids or proposals for the conveyance, disposal, purchase, lease, or other disposition of the estate in any real property substantially on the terms specified in the notice shall be received by the Adjutant General at the time and place specified in the notice in the form of open or sealed bids or requests for proposals, as the Adjutant General may direct. (3) Subject to the Adjutant General's right to reject all bids and proposals, the property shall be conveyed to the person, firm, or corporation submitting the bid or proposal which in the judgment of the Adjutant General, taking into consideration the amount to be paid and the terms and conditions of the conveyance, is most advantageous to the security and interests of the State of Arkansas and the United States.

(1) (A) Before the Adjutant General shall lease, rent, sell, convey, or otherwise dispose of any estate in any real property or improvement on the property other than a lease or rental for thirty (30) days or less for the use of real property, buildings, armories, airfields, or other improvements that are temporarily not required for military purposes, he or she shall publish a notice one (1) time in some newspaper published and having a general circulation in the state at least ten (10) days before the date on which the property is offered for conveyance or disposal. (B) The notice shall describe the estate or property and notify all interested persons that the estate or property will be conveyed or disposed of and of the conditions, terms, time, and place at which bids or requests for proposals shall be received for the estate or property.

(A) Before the Adjutant General shall lease, rent, sell, convey, or otherwise dispose of any estate in any real property or improvement on the property other than a lease or rental for thirty (30) days or less for the use of real property, buildings, armories, airfields, or other improvements that are temporarily not required for military purposes, he or she shall publish a notice one (1) time in some newspaper published and having a general circulation in the state at least ten (10) days before the date on which the property is offered for conveyance or disposal.

(B) The notice shall describe the estate or property and notify all interested persons that the estate or property will be conveyed or disposed of and of the conditions, terms, time, and place at which bids or requests for proposals shall be received for the estate or property.

(2) Bids or proposals for the conveyance, disposal, purchase, lease, or other disposition of the estate in any real property substantially on the terms specified in the notice shall be received by the Adjutant General at the time and place specified in the notice in the form of open or sealed bids or requests for proposals, as the Adjutant General may direct.

(3) Subject to the Adjutant General's right to reject all bids and proposals, the property shall be conveyed to the person, firm, or corporation submitting the bid or proposal which in the judgment of the Adjutant General, taking into consideration the amount to be paid and the terms and conditions of the conveyance, is most advantageous to the security and interests of the State of Arkansas and the United States.

(d) (1) The purchase price, rental, or other moneys to be paid for the conveyance of the estate or property for a period of more than thirty (30) days under the terms, conditions, and consideration of the conveyance shall be deposited into the State Treasury. (2) The moneys shall be credited to the Special Military Fund, to be used by the Adjutant General for the purposes of constructing, repairing, or maintaining hangars, armories, or other property held by the State of Arkansas for the use and benefit of its National Guard, subject to any priority interest of the United States in such proceeds.

(1) The purchase price, rental, or other moneys to be paid for the conveyance of the estate or property for a period of more than thirty (30) days under the terms, conditions, and consideration of the conveyance shall be deposited into the State Treasury.

(2) The moneys shall be credited to the Special Military Fund, to be used by the Adjutant General for the purposes of constructing, repairing, or maintaining hangars, armories, or other property held by the State of Arkansas for the use and benefit of its National Guard, subject to any priority interest of the United States in such proceeds.

Acts 1969, No. 50, §§ 178, 182; 1977, No. 516, § 1; A.S.A. 1947, §§ 11-802, 11-806; Acts 2003, No. 1094, § 3.
Ark. Code Ann. § 12-13-112 — AR Code / Title 12 / Chapter 13 / Subchapter 1 / Section 12-13-112
Inquiries
Status: in_force

(a) When the Director of the Division of Arkansas State Police or any officer or deputy has reason to believe that a crime or other offense has been committed in connection with any fire, the director or his or her deputy may conduct an inquiry in relation thereto. (b) The inquiry shall be held at such time and place as the director or his or her deputy shall determine. (c) The director or his or her deputy shall have the power: (1) Of subpoena to compel the attendance of witnesses to testify at the inquiry and for the production of books, records, papers, other writings, or things deemed material to the inquiry; (2) To administer oaths or affirmations of witnesses; and (3) To cause testimony to be taken stenographically, transcribed, and preserved. (d) The inquiry or examination may be public or private as the director or his or her deputy may determine, and persons other than those required to be present may be excluded from the place thereof. (e) Witnesses may be kept separate and apart from each other and not allowed to communicate with one another until they have been examined. (f) Willful false swearing by any witness shall be deemed perjury and be punishable as such. (g) (1) In case of disobedience of a subpoena, the director or his or her deputy may invoke the aid of the proper circuit court of the jurisdiction to compel the attendance and testimony of witnesses and production of books, papers, written material, and things incident to the inquiry. (2) The circuit court is empowered to punish as a contempt any disobedience or refusal to obey a subpoena. (h) (1) No person shall be excused from testifying or producing any books, records, papers, or things, or upon any hearing, when ordered to do so, upon the ground that the testimony or evidence may tend to incriminate him or her or subject him or her to a criminal penalty. (2) (A) However, no person shall be prosecuted or subjected to criminal liability for or on account of any transaction made or thing concerning which he or she may testify or produce evidence, documentary or otherwise, before the director or his or her deputy. (B) No person so testifying shall be exempt from prosecution and punishment for perjury committed in his or her testimony. (i) The prosecuting attorney of any district, upon request of the director or his or her officer or deputy, shall assist in any investigation when called upon to do so. Amended by Act 2019, No. 910,§ 5868, eff. 7/1/2019. Acts 1955, No. 254, §§ 13, 14; A.S.A. 1947, §§ 82-818, 82-819.

(a) When the Director of the Division of Arkansas State Police or any officer or deputy has reason to believe that a crime or other offense has been committed in connection with any fire, the director or his or her deputy may conduct an inquiry in relation thereto.

(b) The inquiry shall be held at such time and place as the director or his or her deputy shall determine.

(c) The director or his or her deputy shall have the power: (1) Of subpoena to compel the attendance of witnesses to testify at the inquiry and for the production of books, records, papers, other writings, or things deemed material to the inquiry; (2) To administer oaths or affirmations of witnesses; and (3) To cause testimony to be taken stenographically, transcribed, and preserved.

(1) Of subpoena to compel the attendance of witnesses to testify at the inquiry and for the production of books, records, papers, other writings, or things deemed material to the inquiry;

(2) To administer oaths or affirmations of witnesses; and

(3) To cause testimony to be taken stenographically, transcribed, and preserved.

(d) The inquiry or examination may be public or private as the director or his or her deputy may determine, and persons other than those required to be present may be excluded from the place thereof.

(e) Witnesses may be kept separate and apart from each other and not allowed to communicate with one another until they have been examined.

(f) Willful false swearing by any witness shall be deemed perjury and be punishable as such.

(g) (1) In case of disobedience of a subpoena, the director or his or her deputy may invoke the aid of the proper circuit court of the jurisdiction to compel the attendance and testimony of witnesses and production of books, papers, written material, and things incident to the inquiry. (2) The circuit court is empowered to punish as a contempt any disobedience or refusal to obey a subpoena.

(1) In case of disobedience of a subpoena, the director or his or her deputy may invoke the aid of the proper circuit court of the jurisdiction to compel the attendance and testimony of witnesses and production of books, papers, written material, and things incident to the inquiry.

(2) The circuit court is empowered to punish as a contempt any disobedience or refusal to obey a subpoena.

(h) (1) No person shall be excused from testifying or producing any books, records, papers, or things, or upon any hearing, when ordered to do so, upon the ground that the testimony or evidence may tend to incriminate him or her or subject him or her to a criminal penalty. (2) (A) However, no person shall be prosecuted or subjected to criminal liability for or on account of any transaction made or thing concerning which he or she may testify or produce evidence, documentary or otherwise, before the director or his or her deputy. (B) No person so testifying shall be exempt from prosecution and punishment for perjury committed in his or her testimony.

(1) No person shall be excused from testifying or producing any books, records, papers, or things, or upon any hearing, when ordered to do so, upon the ground that the testimony or evidence may tend to incriminate him or her or subject him or her to a criminal penalty.

(2) (A) However, no person shall be prosecuted or subjected to criminal liability for or on account of any transaction made or thing concerning which he or she may testify or produce evidence, documentary or otherwise, before the director or his or her deputy. (B) No person so testifying shall be exempt from prosecution and punishment for perjury committed in his or her testimony.

(A) However, no person shall be prosecuted or subjected to criminal liability for or on account of any transaction made or thing concerning which he or she may testify or produce evidence, documentary or otherwise, before the director or his or her deputy.

(B) No person so testifying shall be exempt from prosecution and punishment for perjury committed in his or her testimony.

(i) The prosecuting attorney of any district, upon request of the director or his or her officer or deputy, shall assist in any investigation when called upon to do so.

Amended by Act 2019, No. 910,§ 5868, eff. 7/1/2019.

Acts 1955, No. 254, §§ 13, 14; A.S.A. 1947, §§ 82-818, 82-819.
Ark. Code Ann. § 12-12-1402 — AR Code / Title 12 / Chapter 12 / Subchapter 14 / Section 12-12-1402
Prohibition on racial profiling
Status: in_force

(a) No member of the Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, a county sheriff's department, or a municipal police department, constable, or any other law enforcement officer of this state shall engage in racial profiling. (b) The statements of policy and definitions contained in this subchapter shall not be construed or interpreted to be contrary to the Arkansas Rules of Criminal Procedure or the United States Constitution or the Arkansas Constitution. Amended by Act 2017, No. 707,§ 16, eff. 8/1/2017. Acts 2003, No. 1207, § 2; 2005, No. 2136, § 3.

(a) No member of the Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, a county sheriff's department, or a municipal police department, constable, or any other law enforcement officer of this state shall engage in racial profiling.

(b) The statements of policy and definitions contained in this subchapter shall not be construed or interpreted to be contrary to the Arkansas Rules of Criminal Procedure or the United States Constitution or the Arkansas Constitution.

Amended by Act 2017, No. 707,§ 16, eff. 8/1/2017.

Acts 2003, No. 1207, § 2; 2005, No. 2136, § 3.
Ark. Code Ann. § 12-87-105 — AR Code / Title 12 / Chapter 87 / Section 12-87-105
Volunteer health practitioner registration systems
Status: in_force

(a) To qualify as a volunteer health practitioner registration system, a system must: (1) accept applications for the registration of volunteer health practitioners before or during an emergency; (2) include information about the licensure and good standing of health practitioners which is accessible by authorized persons; (3) be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this chapter; and (4) (A) be designated by the Arkansas Department of Emergency Management as a registration system for purposes of this chapter. (B) The Arkansas Department of Emergency Management may consider and may approve a request for the designation of a registration system submitted by a disaster relief organization, licensing board, national or regional association of licensing boards or healthcare practitioners, health facility that provides comprehensive inpatient and outpatient healthcare services, or host entity, and may on its own initiative approve registration systems established by this state or other states funded through the United States Department of Health and Human Services under Section 3197 of the Public Health Services Act, 42 U.S.C. § 247d , or by medical reserve corps units formed under Section 2801 of the Public Health Services Act, 42 U.S.C. § 300hh . (b) While an emergency declaration is in effect, the Arkansas Department of Emergency Management, a person authorized to act on behalf of the Arkansas Department of Emergency Management, or a host entity, may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection (a). Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing. (c) Upon request of a person in this state authorized under subsection (b), or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing. (d) A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing. Acts 2009, No. 432, § 1.

(a) To qualify as a volunteer health practitioner registration system, a system must: (1) accept applications for the registration of volunteer health practitioners before or during an emergency; (2) include information about the licensure and good standing of health practitioners which is accessible by authorized persons; (3) be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this chapter; and (4) (A) be designated by the Arkansas Department of Emergency Management as a registration system for purposes of this chapter. (B) The Arkansas Department of Emergency Management may consider and may approve a request for the designation of a registration system submitted by a disaster relief organization, licensing board, national or regional association of licensing boards or healthcare practitioners, health facility that provides comprehensive inpatient and outpatient healthcare services, or host entity, and may on its own initiative approve registration systems established by this state or other states funded through the United States Department of Health and Human Services under Section 3197 of the Public Health Services Act, 42 U.S.C. § 247d , or by medical reserve corps units formed under Section 2801 of the Public Health Services Act, 42 U.S.C. § 300hh .

(1) accept applications for the registration of volunteer health practitioners before or during an emergency;

(2) include information about the licensure and good standing of health practitioners which is accessible by authorized persons;

(3) be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this chapter; and

(4) (A) be designated by the Arkansas Department of Emergency Management as a registration system for purposes of this chapter. (B) The Arkansas Department of Emergency Management may consider and may approve a request for the designation of a registration system submitted by a disaster relief organization, licensing board, national or regional association of licensing boards or healthcare practitioners, health facility that provides comprehensive inpatient and outpatient healthcare services, or host entity, and may on its own initiative approve registration systems established by this state or other states funded through the United States Department of Health and Human Services under Section 3197 of the Public Health Services Act, 42 U.S.C. § 247d , or by medical reserve corps units formed under Section 2801 of the Public Health Services Act, 42 U.S.C. § 300hh .

(A) be designated by the Arkansas Department of Emergency Management as a registration system for purposes of this chapter.

(B) The Arkansas Department of Emergency Management may consider and may approve a request for the designation of a registration system submitted by a disaster relief organization, licensing board, national or regional association of licensing boards or healthcare practitioners, health facility that provides comprehensive inpatient and outpatient healthcare services, or host entity, and may on its own initiative approve registration systems established by this state or other states funded through the United States Department of Health and Human Services under Section 3197 of the Public Health Services Act, 42 U.S.C. § 247d , or by medical reserve corps units formed under Section 2801 of the Public Health Services Act, 42 U.S.C. § 300hh .

(b) While an emergency declaration is in effect, the Arkansas Department of Emergency Management, a person authorized to act on behalf of the Arkansas Department of Emergency Management, or a host entity, may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with subsection (a). Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.

(c) Upon request of a person in this state authorized under subsection (b), or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.

(d) A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.

Acts 2009, No. 432, § 1.
Ark. Code Ann. § 12-32-102 — AR Code / Title 12 / Chapter 32 / Section 12-32-102
Restraint of pregnant inmate or detainee
Status: in_force

(a) A correctional or detention facility shall not place an inmate or detainee verified to be pregnant, in labor, or in post-partum recovery in restraints unless: (1) The correctional or detention facility makes a reasonable and individualized determination that the inmate or detainee presents a substantial flight risk; or (2) An extraordinary medical or security circumstance dictates that the inmate or detainee be restrained to: (A) Ensure the safety and security of: (i) The inmate, detainee, or child; (ii) The staff of the correctional or detention facility, or medical facility; (iii) Other inmates or detainees; or (iv) The public; or (B) Prevent the risk of escape by the inmate or detainee that cannot be reasonably minimized through a safer method than restraints. (b) (1) If the correctional or detention facility determines that the inmate or detainee is required to be restrained under subsection (a) of this section, the restraints shall be removed if a physician, nurse, or other health professional requests that the inmate or detainee not be restrained. (2) (A) The physician, nurse, or other health professional providing inmate or detainee obstetric care shall have final decision-making authority on the use of restraints while the inmate or detainee is in labor or delivery. (B) If the inmate or detainee is not under the care of a physician, nurse, or other health professional, the official at the correctional or detention facility primarily responsible for medical care of inmates or detainees shall have final decision-making authority on the use of restraints and shall consult with a physician, nurse, or other healthcare provider who specializes in obstetrics about the use of restraints on the inmate or detainee. (c) If restraints are used on a pregnant inmate or detainee under subsection (a) of this section: (1) (A) The type of restraints shall be the least restrictive type necessary, and the restraints shall be applied in the least restrictive manner necessary. (B) Leg or waist restraints shall not be used on any pregnant inmate or detainee who is in labor. (C) Leg restraints shall not be used on a pregnant inmate or detainee who is not in a wheelchair, bed, or gurney; (2) The restraints shall always be forward-facing, designed to restrain the hands of the pregnant inmate or detainee in front of the pregnant inmate or detainee to protect the pregnant inmate or detainee and others; (3) Only soft restraints may be used; and (4) (A) The correctional or detention facility shall make written findings within ten (10) days regarding the substantial flight risk of that pregnant inmate or detainee or other extraordinary medical or security circumstance that dictated the pregnant inmate or detainee be restrained to ensure the safety and security of the pregnant inmate or detainee, the child, staff of the correctional or detention facility, or medical facility, other inmates or detainees, or the public. (B) The written findings under subdivision (c)(4)(A) of this section shall be maintained by the correctional or detention facility for at least five (5) years and be made available for public inspection, except that information identifying any pregnant inmate or detainee or that could lead to the identification of the pregnant inmate or detainee shall not be made public. (d) If restraints are used during labor, the Division of Correction or the Division of Community Correction, as applicable, shall report the use of restraints during labor to the Board of Corrections, the Secretary of the Department of Corrections, and the Attorney General. Amended by Act 2023, No. 659,§ 115, eff. 1/1/2024. Amended by Act 2021, No. 472,§ 8, eff. 7/28/2021. Added by Act 2019, No. 566,§ 1, eff. 7/24/2019.

(a) A correctional or detention facility shall not place an inmate or detainee verified to be pregnant, in labor, or in post-partum recovery in restraints unless: (1) The correctional or detention facility makes a reasonable and individualized determination that the inmate or detainee presents a substantial flight risk; or (2) An extraordinary medical or security circumstance dictates that the inmate or detainee be restrained to: (A) Ensure the safety and security of: (i) The inmate, detainee, or child; (ii) The staff of the correctional or detention facility, or medical facility; (iii) Other inmates or detainees; or (iv) The public; or (B) Prevent the risk of escape by the inmate or detainee that cannot be reasonably minimized through a safer method than restraints.

(1) The correctional or detention facility makes a reasonable and individualized determination that the inmate or detainee presents a substantial flight risk; or

(2) An extraordinary medical or security circumstance dictates that the inmate or detainee be restrained to: (A) Ensure the safety and security of: (i) The inmate, detainee, or child; (ii) The staff of the correctional or detention facility, or medical facility; (iii) Other inmates or detainees; or (iv) The public; or (B) Prevent the risk of escape by the inmate or detainee that cannot be reasonably minimized through a safer method than restraints.

(A) Ensure the safety and security of: (i) The inmate, detainee, or child; (ii) The staff of the correctional or detention facility, or medical facility; (iii) Other inmates or detainees; or (iv) The public; or

(i) The inmate, detainee, or child;

(ii) The staff of the correctional or detention facility, or medical facility;

(iii) Other inmates or detainees; or

(iv) The public; or

(B) Prevent the risk of escape by the inmate or detainee that cannot be reasonably minimized through a safer method than restraints.

(b) (1) If the correctional or detention facility determines that the inmate or detainee is required to be restrained under subsection (a) of this section, the restraints shall be removed if a physician, nurse, or other health professional requests that the inmate or detainee not be restrained. (2) (A) The physician, nurse, or other health professional providing inmate or detainee obstetric care shall have final decision-making authority on the use of restraints while the inmate or detainee is in labor or delivery. (B) If the inmate or detainee is not under the care of a physician, nurse, or other health professional, the official at the correctional or detention facility primarily responsible for medical care of inmates or detainees shall have final decision-making authority on the use of restraints and shall consult with a physician, nurse, or other healthcare provider who specializes in obstetrics about the use of restraints on the inmate or detainee.

(1) If the correctional or detention facility determines that the inmate or detainee is required to be restrained under subsection (a) of this section, the restraints shall be removed if a physician, nurse, or other health professional requests that the inmate or detainee not be restrained.

(2) (A) The physician, nurse, or other health professional providing inmate or detainee obstetric care shall have final decision-making authority on the use of restraints while the inmate or detainee is in labor or delivery. (B) If the inmate or detainee is not under the care of a physician, nurse, or other health professional, the official at the correctional or detention facility primarily responsible for medical care of inmates or detainees shall have final decision-making authority on the use of restraints and shall consult with a physician, nurse, or other healthcare provider who specializes in obstetrics about the use of restraints on the inmate or detainee.

(A) The physician, nurse, or other health professional providing inmate or detainee obstetric care shall have final decision-making authority on the use of restraints while the inmate or detainee is in labor or delivery.

(B) If the inmate or detainee is not under the care of a physician, nurse, or other health professional, the official at the correctional or detention facility primarily responsible for medical care of inmates or detainees shall have final decision-making authority on the use of restraints and shall consult with a physician, nurse, or other healthcare provider who specializes in obstetrics about the use of restraints on the inmate or detainee.

(c) If restraints are used on a pregnant inmate or detainee under subsection (a) of this section: (1) (A) The type of restraints shall be the least restrictive type necessary, and the restraints shall be applied in the least restrictive manner necessary. (B) Leg or waist restraints shall not be used on any pregnant inmate or detainee who is in labor. (C) Leg restraints shall not be used on a pregnant inmate or detainee who is not in a wheelchair, bed, or gurney; (2) The restraints shall always be forward-facing, designed to restrain the hands of the pregnant inmate or detainee in front of the pregnant inmate or detainee to protect the pregnant inmate or detainee and others; (3) Only soft restraints may be used; and (4) (A) The correctional or detention facility shall make written findings within ten (10) days regarding the substantial flight risk of that pregnant inmate or detainee or other extraordinary medical or security circumstance that dictated the pregnant inmate or detainee be restrained to ensure the safety and security of the pregnant inmate or detainee, the child, staff of the correctional or detention facility, or medical facility, other inmates or detainees, or the public. (B) The written findings under subdivision (c)(4)(A) of this section shall be maintained by the correctional or detention facility for at least five (5) years and be made available for public inspection, except that information identifying any pregnant inmate or detainee or that could lead to the identification of the pregnant inmate or detainee shall not be made public.

(1) (A) The type of restraints shall be the least restrictive type necessary, and the restraints shall be applied in the least restrictive manner necessary. (B) Leg or waist restraints shall not be used on any pregnant inmate or detainee who is in labor. (C) Leg restraints shall not be used on a pregnant inmate or detainee who is not in a wheelchair, bed, or gurney;

(A) The type of restraints shall be the least restrictive type necessary, and the restraints shall be applied in the least restrictive manner necessary.

(B) Leg or waist restraints shall not be used on any pregnant inmate or detainee who is in labor.

(C) Leg restraints shall not be used on a pregnant inmate or detainee who is not in a wheelchair, bed, or gurney;

(2) The restraints shall always be forward-facing, designed to restrain the hands of the pregnant inmate or detainee in front of the pregnant inmate or detainee to protect the pregnant inmate or detainee and others;

(3) Only soft restraints may be used; and

(4) (A) The correctional or detention facility shall make written findings within ten (10) days regarding the substantial flight risk of that pregnant inmate or detainee or other extraordinary medical or security circumstance that dictated the pregnant inmate or detainee be restrained to ensure the safety and security of the pregnant inmate or detainee, the child, staff of the correctional or detention facility, or medical facility, other inmates or detainees, or the public. (B) The written findings under subdivision (c)(4)(A) of this section shall be maintained by the correctional or detention facility for at least five (5) years and be made available for public inspection, except that information identifying any pregnant inmate or detainee or that could lead to the identification of the pregnant inmate or detainee shall not be made public.

(A) The correctional or detention facility shall make written findings within ten (10) days regarding the substantial flight risk of that pregnant inmate or detainee or other extraordinary medical or security circumstance that dictated the pregnant inmate or detainee be restrained to ensure the safety and security of the pregnant inmate or detainee, the child, staff of the correctional or detention facility, or medical facility, other inmates or detainees, or the public.

(B) The written findings under subdivision (c)(4)(A) of this section shall be maintained by the correctional or detention facility for at least five (5) years and be made available for public inspection, except that information identifying any pregnant inmate or detainee or that could lead to the identification of the pregnant inmate or detainee shall not be made public.

(d) If restraints are used during labor, the Division of Correction or the Division of Community Correction, as applicable, shall report the use of restraints during labor to the Board of Corrections, the Secretary of the Department of Corrections, and the Attorney General.

Amended by Act 2023, No. 659,§ 115, eff. 1/1/2024.

Amended by Act 2021, No. 472,§ 8, eff. 7/28/2021.

Added by Act 2019, No. 566,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 12-75-115 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-115
Disaster prevention generally
Status: in_force

(a) (1) In addition to disaster prevention measures as included in the state, local, and interjurisdictional emergency operations plans, the Governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. (2) At the Governor's direction, and pursuant to any other authority and competence state agencies have, including, but not limited to, those charged with responsibilities in flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land use planning, and construction standards shall make studies of disaster prevention-related matters. (3) Studies under subdivision (a)(2) of this section shall be furnished to the Governor and the Division of Emergency Management as soon as possible after completion and shall concentrate on means of reducing or avoiding damage caused by possible disasters or the consequences of possible disasters. (4) The Governor, from time to time, shall make recommendations to the General Assembly, local government, and other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters. (b) (1) If the division believes, on the basis of the studies or other competent evidence, that an area is susceptible to a disaster of catastrophic proportions without adequate warning, that existing building standards and land use control in that area are inadequate and could add substantially to the magnitude of the disaster, and that changes in zoning regulations, other land use regulations, or building requirements are essential in order to further the purposes of this section, it shall specify the essential changes to the Governor. (2) If the Governor, upon review of the recommendation, finds after public hearing that the changes are essential, he or she shall so recommend to the agencies or local governments with jurisdiction over the area and subject matter. (3) If no action or insufficient action pursuant to the Governor's recommendations is taken within the time specified by the Governor, he or she shall so inform the General Assembly and request legislative action appropriate to mitigate the impact of disaster. (c) (1) At the same time that the Governor makes his or her recommendations pursuant to subsection (b) of this section, the Governor may suspend the standard or control which he or she finds to be inadequate to protect the public safety and by rule place a new standard or control in effect. (2) The new standard or control shall remain in effect until rejected by concurrent resolution of both houses of the General Assembly or amended by the Governor. (3) During the time it is in effect, the standard or control contained in the Governor's rule shall be administered and given full effect by all relevant regulatory agencies of the state and local governments to which it applies. (4) The Governor's action is subject to judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., but shall not be subject to temporary stay pending litigation. Amended by Act 2019, No. 315,§ 971, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 970, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5884, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5883, eff. 7/1/2019. Acts 1973, No. 511, § 14; 1977, No. 408, § 5; 1981, No. 891, § 3; A.S.A. 1947, § 11-1947; Acts 1999, No. 646, §§ 22, 23; 2007, No. 197, § 10; 2009, No. 165, § 40.

(a) (1) In addition to disaster prevention measures as included in the state, local, and interjurisdictional emergency operations plans, the Governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. (2) At the Governor's direction, and pursuant to any other authority and competence state agencies have, including, but not limited to, those charged with responsibilities in flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land use planning, and construction standards shall make studies of disaster prevention-related matters. (3) Studies under subdivision (a)(2) of this section shall be furnished to the Governor and the Division of Emergency Management as soon as possible after completion and shall concentrate on means of reducing or avoiding damage caused by possible disasters or the consequences of possible disasters. (4) The Governor, from time to time, shall make recommendations to the General Assembly, local government, and other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters.

(1) In addition to disaster prevention measures as included in the state, local, and interjurisdictional emergency operations plans, the Governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters.

(2) At the Governor's direction, and pursuant to any other authority and competence state agencies have, including, but not limited to, those charged with responsibilities in flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land use planning, and construction standards shall make studies of disaster prevention-related matters.

(3) Studies under subdivision (a)(2) of this section shall be furnished to the Governor and the Division of Emergency Management as soon as possible after completion and shall concentrate on means of reducing or avoiding damage caused by possible disasters or the consequences of possible disasters.

(4) The Governor, from time to time, shall make recommendations to the General Assembly, local government, and other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters.

(b) (1) If the division believes, on the basis of the studies or other competent evidence, that an area is susceptible to a disaster of catastrophic proportions without adequate warning, that existing building standards and land use control in that area are inadequate and could add substantially to the magnitude of the disaster, and that changes in zoning regulations, other land use regulations, or building requirements are essential in order to further the purposes of this section, it shall specify the essential changes to the Governor. (2) If the Governor, upon review of the recommendation, finds after public hearing that the changes are essential, he or she shall so recommend to the agencies or local governments with jurisdiction over the area and subject matter. (3) If no action or insufficient action pursuant to the Governor's recommendations is taken within the time specified by the Governor, he or she shall so inform the General Assembly and request legislative action appropriate to mitigate the impact of disaster.

(1) If the division believes, on the basis of the studies or other competent evidence, that an area is susceptible to a disaster of catastrophic proportions without adequate warning, that existing building standards and land use control in that area are inadequate and could add substantially to the magnitude of the disaster, and that changes in zoning regulations, other land use regulations, or building requirements are essential in order to further the purposes of this section, it shall specify the essential changes to the Governor.

(2) If the Governor, upon review of the recommendation, finds after public hearing that the changes are essential, he or she shall so recommend to the agencies or local governments with jurisdiction over the area and subject matter.

(3) If no action or insufficient action pursuant to the Governor's recommendations is taken within the time specified by the Governor, he or she shall so inform the General Assembly and request legislative action appropriate to mitigate the impact of disaster.

(c) (1) At the same time that the Governor makes his or her recommendations pursuant to subsection (b) of this section, the Governor may suspend the standard or control which he or she finds to be inadequate to protect the public safety and by rule place a new standard or control in effect. (2) The new standard or control shall remain in effect until rejected by concurrent resolution of both houses of the General Assembly or amended by the Governor. (3) During the time it is in effect, the standard or control contained in the Governor's rule shall be administered and given full effect by all relevant regulatory agencies of the state and local governments to which it applies. (4) The Governor's action is subject to judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., but shall not be subject to temporary stay pending litigation.

(1) At the same time that the Governor makes his or her recommendations pursuant to subsection (b) of this section, the Governor may suspend the standard or control which he or she finds to be inadequate to protect the public safety and by rule place a new standard or control in effect.

(2) The new standard or control shall remain in effect until rejected by concurrent resolution of both houses of the General Assembly or amended by the Governor.

(3) During the time it is in effect, the standard or control contained in the Governor's rule shall be administered and given full effect by all relevant regulatory agencies of the state and local governments to which it applies.

(4) The Governor's action is subject to judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., but shall not be subject to temporary stay pending litigation.

Amended by Act 2019, No. 315,§ 971, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 970, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5884, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5883, eff. 7/1/2019.

Acts 1973, No. 511, § 14; 1977, No. 408, § 5; 1981, No. 891, § 3; A.S.A. 1947, § 11-1947; Acts 1999, No. 646, §§ 22, 23; 2007, No. 197, § 10; 2009, No. 165, § 40.
Ark. Code Ann. § 12-10-318 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-318
Emergency telephone service charges - Imposition - Liability - Public safety charge
Status: in_force

(a) (1) (A) When so authorized by a majority of the persons voting within the political subdivision in accordance with the law, the governing authority of each political subdivision may levy an emergency telephone service charge in the amount assessed by the political subdivision on a per-access-line basis as of January 1, 1997, or the amount up to five percent (5%) of the tariff rate, except that any political subdivision with a population of less than twenty-seven thousand five hundred (27,500) according to the 1990 Federal Decennial Census may, by a majority vote of the electors voting on the issue, levy an emergency telephone charge in an amount assessed by the political subdivision on a per-access-line basis as of January 1, 1997, or an amount up to twelve percent (12%) of the tariff rate. (B) The governing authority of a political subdivision that has been authorized under subdivision (a)(1)(A) of this section to levy an emergency telephone service charge in an amount up to twelve percent (12%) of the tariff rate may decrease the percentage rate to not less than four percent (4%) of the tariff rate for those telephone service users that are served by a telephone company with fewer than two hundred (200) access lines in this state as of the date of the election conducted under subdivision (a)(1)(A) of this section. (2) Upon its own initiative, the governing authority of the political subdivision may call such a special election to be held in accordance with § 7-11-201 et seq. (b) (1) (A) There is levied a commercial mobile radio service public safety charge in an amount of one dollar and thirty cents ($1.30) per month per commercial mobile radio service connection that has a place of primary use within the State of Arkansas. (B) There is levied a voice over internet protocol public safety charge in an amount of one dollar and thirty cents ($1.30) per month per voice over internet protocol connection that has a place of primary use within the State of Arkansas. (C) There is levied a nontraditional telephone public safety charge in an amount of one dollar and thirty cents ($1.30) per month per nontraditional service connection that has a place of primary use within the State of Arkansas. (D) The service charge levied in subdivision (b)(1)(A) of this section and collected by commercial mobile radio service providers that provide mobile telecommunications services as defined by the Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252, as in effect on January 1, 2001, shall be collected pursuant to the Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252. (2) (A) The service charges collected under subdivisions (b)(1)(A)-(C) of this section shall be remitted to the Arkansas 911 Board within thirty (30) days after the end of the month in which the fees are collected. (B) (i) After September 30, 2019, the public safety charge collected under subdivisions (b)(1)(A)-(C) of this section shall be remitted to the Arkansas Public Safety Trust Fund. (ii) Due to the confidential and proprietary nature of the information submitted by commercial mobile radio service providers, the information shall be retained by the independent auditor in confidence, shall be subject to review only by the Auditor of State, and shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., nor released to any third party. (iii) The information collected by the independent auditor shall be released only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual commercial mobile radio service provider. (c) In order to provide additional funding for the public safety answering point, the political subdivision may receive and appropriate any federal, state, county, or municipal funds, as well as funds from a private source, and may expend the funds for the purposes of this subchapter. (d) The public safety charge shall: (1) Appear as a single line item on a subscriber's bill; (2) Not be assessed upon more than two hundred (200): (A) Exchange access facilities per person per location; or (B) Voice over internet protocol connections per person per location; and (3) Not be subject to any state or local tax or franchisee fee. (e) (1) To verify the accuracy of the monthly remittances that a service supplier makes to the Arkansas Public Safety Trust Fund, a service supplier shall provide copies of required federal filings at least biannually to the Division of Emergency Management. (2) No later than thirty (30) days following the filing of the required federal telecommunications reports, a service supplier shall provide a copy of the federal filing, and the Federal Communications Commission Form 477 or its equivalent, including the number of access lines used by the service supplier in the state. (3) (A) Due to the proprietary nature of the information in the reports required in subdivision (e)(1) of this section which, if disclosed, would provide a competitive advantage for other service suppliers, the reports shall be confidential and only subject to review by: (i) The Director of the Division of Emergency Management; and (ii) The designee of the Arkansas 911 Board. (B) However, audit reports may be released that contain only aggregate numbers and do not disclose proprietary information including numbers or revenue attributable to an individual service supplier. (f) This section does not prohibit a service supplier from billing, collecting, or retaining an additional amount to reimburse the service supplier for enabling and providing 911, enhanced 911, and next generation 911 services and capabilities in the network and for the facilities and associated equipment. (g) (1) To avoid an overlap in the assessment of the old and new charges for subscribers for every service supplier obligated to pay the public safety charge, a transition to the payment of the public safety charge shall occur. (2) (A) The assessment of charges before October 1, 2019, shall continue through September 30, 2019, and be remitted in the same manner to the same entity as previously prescribed under this section before October 1, 2019. (B) Any unpaid assessments for the time period up to and including September 30, 2019, shall remain due and payable under the terms and processes that are or were in place at the time. (3) Beginning on October 1, 2019, a service supplier is subject to the public safety charges assessed as described in this section. (4) (A) After October 1, 2019, a service supplier shall remit all assessments of the public safety charge for a calendar month by the fifteenth business day of the following month to the Arkansas Public Safety Trust Fund. (B) The Arkansas Public Safety Trust Fund shall provide disbursements as provided by § 19-5-1152 . (h) To provide additional funding for the public safety answering point, the political subdivision may: (1) Receive and appropriate any federal, state, county, or municipal funds and funds from a private source; and (2) Expend the funds described in subdivision (h)(1) of this section to operate and maintain a public safety answering point. (i) (1) Notwithstanding any other provision of the law, in no event shall any commercial mobile radio, voice over internet protocol service, or nontraditional service provider, or its officers, employees, assigns, or agents be liable for civil damages or criminal liability in connection with the development, design, installation, operation, maintenance, performance, or provision of a 911 service. (2) Nor shall any commercial mobile radio, voice over internet protocol, or nontraditional service provider, its officers, employees, assigns, or agents be liable for civil damages or be criminally liable in connection with the release of subscriber information to any governmental entity as required under the provisions of this subchapter. Amended by Act 2019, No. 660,§ 4, eff. 10/1/2019. Amended by Act 2019, No. 910,§ 5835, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5834, eff. 7/1/2019. Amended by Act 2015, No. 919,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1170,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 623,§ 5, eff. 1/1/2014. Amended by Act 2013, No. 623,§ 4, eff. 1/1/2014. Amended by Act 2013, No. 623,§ 3, eff. 1/1/2014. Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826; Acts 1995, No. 627, § 1; 1997, No. 106, § 1; 1997, No. 810, § 2; 1997, No. 952, § 1; 1999, No. 46, § 1; 2001, No. 907, § 3; 2003, No. 111, § 1; 2003, No. 1792, § 1; 2005, No. 1997, § 1; 2005, No. 2145, § 16; 2007, No. 582, § 2; 2007, No. 1049, § 33; 2009, No. 1221, § 2; 2009, No. 1480, § 48; 2011, No. 640, § 1.

(a) (1) (A) When so authorized by a majority of the persons voting within the political subdivision in accordance with the law, the governing authority of each political subdivision may levy an emergency telephone service charge in the amount assessed by the political subdivision on a per-access-line basis as of January 1, 1997, or the amount up to five percent (5%) of the tariff rate, except that any political subdivision with a population of less than twenty-seven thousand five hundred (27,500) according to the 1990 Federal Decennial Census may, by a majority vote of the electors voting on the issue, levy an emergency telephone charge in an amount assessed by the political subdivision on a per-access-line basis as of January 1, 1997, or an amount up to twelve percent (12%) of the tariff rate. (B) The governing authority of a political subdivision that has been authorized under subdivision (a)(1)(A) of this section to levy an emergency telephone service charge in an amount up to twelve percent (12%) of the tariff rate may decrease the percentage rate to not less than four percent (4%) of the tariff rate for those telephone service users that are served by a telephone company with fewer than two hundred (200) access lines in this state as of the date of the election conducted under subdivision (a)(1)(A) of this section. (2) Upon its own initiative, the governing authority of the political subdivision may call such a special election to be held in accordance with § 7-11-201 et seq.

(1) (A) When so authorized by a majority of the persons voting within the political subdivision in accordance with the law, the governing authority of each political subdivision may levy an emergency telephone service charge in the amount assessed by the political subdivision on a per-access-line basis as of January 1, 1997, or the amount up to five percent (5%) of the tariff rate, except that any political subdivision with a population of less than twenty-seven thousand five hundred (27,500) according to the 1990 Federal Decennial Census may, by a majority vote of the electors voting on the issue, levy an emergency telephone charge in an amount assessed by the political subdivision on a per-access-line basis as of January 1, 1997, or an amount up to twelve percent (12%) of the tariff rate. (B) The governing authority of a political subdivision that has been authorized under subdivision (a)(1)(A) of this section to levy an emergency telephone service charge in an amount up to twelve percent (12%) of the tariff rate may decrease the percentage rate to not less than four percent (4%) of the tariff rate for those telephone service users that are served by a telephone company with fewer than two hundred (200) access lines in this state as of the date of the election conducted under subdivision (a)(1)(A) of this section.

(A) When so authorized by a majority of the persons voting within the political subdivision in accordance with the law, the governing authority of each political subdivision may levy an emergency telephone service charge in the amount assessed by the political subdivision on a per-access-line basis as of January 1, 1997, or the amount up to five percent (5%) of the tariff rate, except that any political subdivision with a population of less than twenty-seven thousand five hundred (27,500) according to the 1990 Federal Decennial Census may, by a majority vote of the electors voting on the issue, levy an emergency telephone charge in an amount assessed by the political subdivision on a per-access-line basis as of January 1, 1997, or an amount up to twelve percent (12%) of the tariff rate.

(B) The governing authority of a political subdivision that has been authorized under subdivision (a)(1)(A) of this section to levy an emergency telephone service charge in an amount up to twelve percent (12%) of the tariff rate may decrease the percentage rate to not less than four percent (4%) of the tariff rate for those telephone service users that are served by a telephone company with fewer than two hundred (200) access lines in this state as of the date of the election conducted under subdivision (a)(1)(A) of this section.

(2) Upon its own initiative, the governing authority of the political subdivision may call such a special election to be held in accordance with § 7-11-201 et seq.

(b) (1) (A) There is levied a commercial mobile radio service public safety charge in an amount of one dollar and thirty cents ($1.30) per month per commercial mobile radio service connection that has a place of primary use within the State of Arkansas. (B) There is levied a voice over internet protocol public safety charge in an amount of one dollar and thirty cents ($1.30) per month per voice over internet protocol connection that has a place of primary use within the State of Arkansas. (C) There is levied a nontraditional telephone public safety charge in an amount of one dollar and thirty cents ($1.30) per month per nontraditional service connection that has a place of primary use within the State of Arkansas. (D) The service charge levied in subdivision (b)(1)(A) of this section and collected by commercial mobile radio service providers that provide mobile telecommunications services as defined by the Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252, as in effect on January 1, 2001, shall be collected pursuant to the Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252. (2) (A) The service charges collected under subdivisions (b)(1)(A)-(C) of this section shall be remitted to the Arkansas 911 Board within thirty (30) days after the end of the month in which the fees are collected. (B) (i) After September 30, 2019, the public safety charge collected under subdivisions (b)(1)(A)-(C) of this section shall be remitted to the Arkansas Public Safety Trust Fund. (ii) Due to the confidential and proprietary nature of the information submitted by commercial mobile radio service providers, the information shall be retained by the independent auditor in confidence, shall be subject to review only by the Auditor of State, and shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., nor released to any third party. (iii) The information collected by the independent auditor shall be released only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual commercial mobile radio service provider.

(1) (A) There is levied a commercial mobile radio service public safety charge in an amount of one dollar and thirty cents ($1.30) per month per commercial mobile radio service connection that has a place of primary use within the State of Arkansas. (B) There is levied a voice over internet protocol public safety charge in an amount of one dollar and thirty cents ($1.30) per month per voice over internet protocol connection that has a place of primary use within the State of Arkansas. (C) There is levied a nontraditional telephone public safety charge in an amount of one dollar and thirty cents ($1.30) per month per nontraditional service connection that has a place of primary use within the State of Arkansas. (D) The service charge levied in subdivision (b)(1)(A) of this section and collected by commercial mobile radio service providers that provide mobile telecommunications services as defined by the Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252, as in effect on January 1, 2001, shall be collected pursuant to the Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252.

(A) There is levied a commercial mobile radio service public safety charge in an amount of one dollar and thirty cents ($1.30) per month per commercial mobile radio service connection that has a place of primary use within the State of Arkansas.

(B) There is levied a voice over internet protocol public safety charge in an amount of one dollar and thirty cents ($1.30) per month per voice over internet protocol connection that has a place of primary use within the State of Arkansas.

(C) There is levied a nontraditional telephone public safety charge in an amount of one dollar and thirty cents ($1.30) per month per nontraditional service connection that has a place of primary use within the State of Arkansas.

(D) The service charge levied in subdivision (b)(1)(A) of this section and collected by commercial mobile radio service providers that provide mobile telecommunications services as defined by the Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252, as in effect on January 1, 2001, shall be collected pursuant to the Mobile Telecommunications Sourcing Act, Pub. L. No. 106-252.

(2) (A) The service charges collected under subdivisions (b)(1)(A)-(C) of this section shall be remitted to the Arkansas 911 Board within thirty (30) days after the end of the month in which the fees are collected. (B) (i) After September 30, 2019, the public safety charge collected under subdivisions (b)(1)(A)-(C) of this section shall be remitted to the Arkansas Public Safety Trust Fund. (ii) Due to the confidential and proprietary nature of the information submitted by commercial mobile radio service providers, the information shall be retained by the independent auditor in confidence, shall be subject to review only by the Auditor of State, and shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., nor released to any third party. (iii) The information collected by the independent auditor shall be released only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual commercial mobile radio service provider.

(A) The service charges collected under subdivisions (b)(1)(A)-(C) of this section shall be remitted to the Arkansas 911 Board within thirty (30) days after the end of the month in which the fees are collected.

(B) (i) After September 30, 2019, the public safety charge collected under subdivisions (b)(1)(A)-(C) of this section shall be remitted to the Arkansas Public Safety Trust Fund. (ii) Due to the confidential and proprietary nature of the information submitted by commercial mobile radio service providers, the information shall be retained by the independent auditor in confidence, shall be subject to review only by the Auditor of State, and shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., nor released to any third party. (iii) The information collected by the independent auditor shall be released only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual commercial mobile radio service provider.

(i) After September 30, 2019, the public safety charge collected under subdivisions (b)(1)(A)-(C) of this section shall be remitted to the Arkansas Public Safety Trust Fund.

(ii) Due to the confidential and proprietary nature of the information submitted by commercial mobile radio service providers, the information shall be retained by the independent auditor in confidence, shall be subject to review only by the Auditor of State, and shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., nor released to any third party.

(iii) The information collected by the independent auditor shall be released only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual commercial mobile radio service provider.

(c) In order to provide additional funding for the public safety answering point, the political subdivision may receive and appropriate any federal, state, county, or municipal funds, as well as funds from a private source, and may expend the funds for the purposes of this subchapter.

(d) The public safety charge shall: (1) Appear as a single line item on a subscriber's bill; (2) Not be assessed upon more than two hundred (200): (A) Exchange access facilities per person per location; or (B) Voice over internet protocol connections per person per location; and (3) Not be subject to any state or local tax or franchisee fee.

(1) Appear as a single line item on a subscriber's bill;

(2) Not be assessed upon more than two hundred (200): (A) Exchange access facilities per person per location; or (B) Voice over internet protocol connections per person per location; and

(A) Exchange access facilities per person per location; or

(B) Voice over internet protocol connections per person per location; and

(3) Not be subject to any state or local tax or franchisee fee.

(e) (1) To verify the accuracy of the monthly remittances that a service supplier makes to the Arkansas Public Safety Trust Fund, a service supplier shall provide copies of required federal filings at least biannually to the Division of Emergency Management. (2) No later than thirty (30) days following the filing of the required federal telecommunications reports, a service supplier shall provide a copy of the federal filing, and the Federal Communications Commission Form 477 or its equivalent, including the number of access lines used by the service supplier in the state. (3) (A) Due to the proprietary nature of the information in the reports required in subdivision (e)(1) of this section which, if disclosed, would provide a competitive advantage for other service suppliers, the reports shall be confidential and only subject to review by: (i) The Director of the Division of Emergency Management; and (ii) The designee of the Arkansas 911 Board. (B) However, audit reports may be released that contain only aggregate numbers and do not disclose proprietary information including numbers or revenue attributable to an individual service supplier.

(1) To verify the accuracy of the monthly remittances that a service supplier makes to the Arkansas Public Safety Trust Fund, a service supplier shall provide copies of required federal filings at least biannually to the Division of Emergency Management.

(2) No later than thirty (30) days following the filing of the required federal telecommunications reports, a service supplier shall provide a copy of the federal filing, and the Federal Communications Commission Form 477 or its equivalent, including the number of access lines used by the service supplier in the state.

(3) (A) Due to the proprietary nature of the information in the reports required in subdivision (e)(1) of this section which, if disclosed, would provide a competitive advantage for other service suppliers, the reports shall be confidential and only subject to review by: (i) The Director of the Division of Emergency Management; and (ii) The designee of the Arkansas 911 Board. (B) However, audit reports may be released that contain only aggregate numbers and do not disclose proprietary information including numbers or revenue attributable to an individual service supplier.

(A) Due to the proprietary nature of the information in the reports required in subdivision (e)(1) of this section which, if disclosed, would provide a competitive advantage for other service suppliers, the reports shall be confidential and only subject to review by: (i) The Director of the Division of Emergency Management; and (ii) The designee of the Arkansas 911 Board.

(i) The Director of the Division of Emergency Management; and

(ii) The designee of the Arkansas 911 Board.

(B) However, audit reports may be released that contain only aggregate numbers and do not disclose proprietary information including numbers or revenue attributable to an individual service supplier.

(f) This section does not prohibit a service supplier from billing, collecting, or retaining an additional amount to reimburse the service supplier for enabling and providing 911, enhanced 911, and next generation 911 services and capabilities in the network and for the facilities and associated equipment.

(g) (1) To avoid an overlap in the assessment of the old and new charges for subscribers for every service supplier obligated to pay the public safety charge, a transition to the payment of the public safety charge shall occur. (2) (A) The assessment of charges before October 1, 2019, shall continue through September 30, 2019, and be remitted in the same manner to the same entity as previously prescribed under this section before October 1, 2019. (B) Any unpaid assessments for the time period up to and including September 30, 2019, shall remain due and payable under the terms and processes that are or were in place at the time. (3) Beginning on October 1, 2019, a service supplier is subject to the public safety charges assessed as described in this section. (4) (A) After October 1, 2019, a service supplier shall remit all assessments of the public safety charge for a calendar month by the fifteenth business day of the following month to the Arkansas Public Safety Trust Fund. (B) The Arkansas Public Safety Trust Fund shall provide disbursements as provided by § 19-5-1152 .

(1) To avoid an overlap in the assessment of the old and new charges for subscribers for every service supplier obligated to pay the public safety charge, a transition to the payment of the public safety charge shall occur.

(2) (A) The assessment of charges before October 1, 2019, shall continue through September 30, 2019, and be remitted in the same manner to the same entity as previously prescribed under this section before October 1, 2019. (B) Any unpaid assessments for the time period up to and including September 30, 2019, shall remain due and payable under the terms and processes that are or were in place at the time.

(A) The assessment of charges before October 1, 2019, shall continue through September 30, 2019, and be remitted in the same manner to the same entity as previously prescribed under this section before October 1, 2019.

(B) Any unpaid assessments for the time period up to and including September 30, 2019, shall remain due and payable under the terms and processes that are or were in place at the time.

(3) Beginning on October 1, 2019, a service supplier is subject to the public safety charges assessed as described in this section.

(4) (A) After October 1, 2019, a service supplier shall remit all assessments of the public safety charge for a calendar month by the fifteenth business day of the following month to the Arkansas Public Safety Trust Fund. (B) The Arkansas Public Safety Trust Fund shall provide disbursements as provided by § 19-5-1152 .

(A) After October 1, 2019, a service supplier shall remit all assessments of the public safety charge for a calendar month by the fifteenth business day of the following month to the Arkansas Public Safety Trust Fund.

(B) The Arkansas Public Safety Trust Fund shall provide disbursements as provided by § 19-5-1152 .

(h) To provide additional funding for the public safety answering point, the political subdivision may: (1) Receive and appropriate any federal, state, county, or municipal funds and funds from a private source; and (2) Expend the funds described in subdivision (h)(1) of this section to operate and maintain a public safety answering point.

(1) Receive and appropriate any federal, state, county, or municipal funds and funds from a private source; and

(2) Expend the funds described in subdivision (h)(1) of this section to operate and maintain a public safety answering point.

(i) (1) Notwithstanding any other provision of the law, in no event shall any commercial mobile radio, voice over internet protocol service, or nontraditional service provider, or its officers, employees, assigns, or agents be liable for civil damages or criminal liability in connection with the development, design, installation, operation, maintenance, performance, or provision of a 911 service. (2) Nor shall any commercial mobile radio, voice over internet protocol, or nontraditional service provider, its officers, employees, assigns, or agents be liable for civil damages or be criminally liable in connection with the release of subscriber information to any governmental entity as required under the provisions of this subchapter.

(1) Notwithstanding any other provision of the law, in no event shall any commercial mobile radio, voice over internet protocol service, or nontraditional service provider, or its officers, employees, assigns, or agents be liable for civil damages or criminal liability in connection with the development, design, installation, operation, maintenance, performance, or provision of a 911 service.

(2) Nor shall any commercial mobile radio, voice over internet protocol, or nontraditional service provider, its officers, employees, assigns, or agents be liable for civil damages or be criminally liable in connection with the release of subscriber information to any governmental entity as required under the provisions of this subchapter.

Amended by Act 2019, No. 660,§ 4, eff. 10/1/2019.

Amended by Act 2019, No. 910,§ 5835, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5834, eff. 7/1/2019.

Amended by Act 2015, No. 919,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1170,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 623,§ 5, eff. 1/1/2014.

Amended by Act 2013, No. 623,§ 4, eff. 1/1/2014.

Amended by Act 2013, No. 623,§ 3, eff. 1/1/2014.

Acts 1985, No. 683, § 5; A.S.A. 1947, § 73-1826; Acts 1995, No. 627, § 1; 1997, No. 106, § 1; 1997, No. 810, § 2; 1997, No. 952, § 1; 1999, No. 46, § 1; 2001, No. 907, § 3; 2003, No. 111, § 1; 2003, No. 1792, § 1; 2005, No. 1997, § 1; 2005, No. 2145, § 16; 2007, No. 582, § 2; 2007, No. 1049, § 33; 2009, No. 1221, § 2; 2009, No. 1480, § 48; 2011, No. 640, § 1.
Ark. Code Ann. § 12-27-204 — AR Code / Title 12 / Chapter 27 / Subchapter 2 / Section 12-27-204
Pay-for-success programs
Status: in_force

(a) The Division of Community Correction may enter into an agreement with entities, including without limitation licensed or accredited, as applicable, community-based providers specializing in behavioral health, case management, and job placement services, and two-year or four-year public universities to create a pay-for-success program for incarcerated individuals or individuals on community supervision that requires the division to pay for the intervention services only if the performance targets stated in the agreement are achieved. (b) Before entering into an agreement under subsection (a) of this section, the division shall: (1) Calculate the amount and timing of the payments that would be earned by the entity providing the intervention services during each year of the agreement if the performance targets are achieved; and (2) Make a written determination that the agreement will result in specific performance improvements and budgetary savings if the performance targets are achieved. (c) An agreement entered into under subsection (a) of this section: (1) Shall include the following: (A) A requirement that payment be conditioned on the achievement of specific outcomes based on defined performance targets; and (B) An agreement with an independent third party to evaluate the pay-for-success program to determine whether the performance targets have been achieved; (2) May contain a graduated payment schedule to allow for varying payments based on different levels of performance targets; and (3) May include without limitation an agreement with one (1) or more private entities regarding the following: (A) One (1) or more loans to fund the pay-for-success program's delivery and operations; (B) One (1) or more guarantees for loans obtained under this section; (C) Payment based on reduced rates of reincarceration or other agreed-upon measures of success; and (D) Oversight and implementation of the pay-for-success program, including without limitation the following: (i) Making necessary financial arrangements; (ii) Training staff; (iii) Selecting service providers; (iv) Overseeing the intervention measures; (v) Monitoring pay-for-success program participation; and (vi) Designation of one (1) entity to serve as a liaison among all parties to the agreement. Amended by Act 2023, No. 659,§ 99, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 774, eff. 7/1/2019. Added by Act 2015, No. 895,§ 9, eff. 4/1/2015.

(a) The Division of Community Correction may enter into an agreement with entities, including without limitation licensed or accredited, as applicable, community-based providers specializing in behavioral health, case management, and job placement services, and two-year or four-year public universities to create a pay-for-success program for incarcerated individuals or individuals on community supervision that requires the division to pay for the intervention services only if the performance targets stated in the agreement are achieved.

(b) Before entering into an agreement under subsection (a) of this section, the division shall: (1) Calculate the amount and timing of the payments that would be earned by the entity providing the intervention services during each year of the agreement if the performance targets are achieved; and (2) Make a written determination that the agreement will result in specific performance improvements and budgetary savings if the performance targets are achieved.

(1) Calculate the amount and timing of the payments that would be earned by the entity providing the intervention services during each year of the agreement if the performance targets are achieved; and

(2) Make a written determination that the agreement will result in specific performance improvements and budgetary savings if the performance targets are achieved.

(c) An agreement entered into under subsection (a) of this section: (1) Shall include the following: (A) A requirement that payment be conditioned on the achievement of specific outcomes based on defined performance targets; and (B) An agreement with an independent third party to evaluate the pay-for-success program to determine whether the performance targets have been achieved; (2) May contain a graduated payment schedule to allow for varying payments based on different levels of performance targets; and (3) May include without limitation an agreement with one (1) or more private entities regarding the following: (A) One (1) or more loans to fund the pay-for-success program's delivery and operations; (B) One (1) or more guarantees for loans obtained under this section; (C) Payment based on reduced rates of reincarceration or other agreed-upon measures of success; and (D) Oversight and implementation of the pay-for-success program, including without limitation the following: (i) Making necessary financial arrangements; (ii) Training staff; (iii) Selecting service providers; (iv) Overseeing the intervention measures; (v) Monitoring pay-for-success program participation; and (vi) Designation of one (1) entity to serve as a liaison among all parties to the agreement.

(1) Shall include the following: (A) A requirement that payment be conditioned on the achievement of specific outcomes based on defined performance targets; and (B) An agreement with an independent third party to evaluate the pay-for-success program to determine whether the performance targets have been achieved;

(A) A requirement that payment be conditioned on the achievement of specific outcomes based on defined performance targets; and

(B) An agreement with an independent third party to evaluate the pay-for-success program to determine whether the performance targets have been achieved;

(2) May contain a graduated payment schedule to allow for varying payments based on different levels of performance targets; and

(3) May include without limitation an agreement with one (1) or more private entities regarding the following: (A) One (1) or more loans to fund the pay-for-success program's delivery and operations; (B) One (1) or more guarantees for loans obtained under this section; (C) Payment based on reduced rates of reincarceration or other agreed-upon measures of success; and (D) Oversight and implementation of the pay-for-success program, including without limitation the following: (i) Making necessary financial arrangements; (ii) Training staff; (iii) Selecting service providers; (iv) Overseeing the intervention measures; (v) Monitoring pay-for-success program participation; and (vi) Designation of one (1) entity to serve as a liaison among all parties to the agreement.

(A) One (1) or more loans to fund the pay-for-success program's delivery and operations;

(B) One (1) or more guarantees for loans obtained under this section;

(C) Payment based on reduced rates of reincarceration or other agreed-upon measures of success; and

(D) Oversight and implementation of the pay-for-success program, including without limitation the following: (i) Making necessary financial arrangements; (ii) Training staff; (iii) Selecting service providers; (iv) Overseeing the intervention measures; (v) Monitoring pay-for-success program participation; and (vi) Designation of one (1) entity to serve as a liaison among all parties to the agreement.

(i) Making necessary financial arrangements;

(ii) Training staff;

(iii) Selecting service providers;

(iv) Overseeing the intervention measures;

(v) Monitoring pay-for-success program participation; and

(vi) Designation of one (1) entity to serve as a liaison among all parties to the agreement.

Amended by Act 2023, No. 659,§ 99, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 774, eff. 7/1/2019.

Added by Act 2015, No. 895,§ 9, eff. 4/1/2015.
Ark. Code Ann. § 12-15-208 — AR Code / Title 12 / Chapter 15 / Subchapter 2 / Section 12-15-208
Department of Corrections employees - Eligibility to carry concealed handgun
Status: in_force

(a) The Secretary of the Department of Corrections or his or her designee may authorize an employee of the Department of Corrections to carry a concealed handgun into a building in which or a location on which a law enforcement officer may carry a concealed handgun, as long as the individual: (1) Is presently employed with the department; (2) Is not subject to any disciplinary action that suspends his or her authority to work; (3) Is carrying a badge or appropriate written photographic identification issued by the department; (4) Is not otherwise prohibited under federal law from possessing or receiving a firearm; (5) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; (6) Has provided written authorization for state- and national-level criminal history records screening with the results of the screening showing that the individual is eligible to legally possess and carry a firearm; (7) Has fingerprint impressions on file with the Division of Arkansas State Police automated fingerprint identification system; and (8) Has completed a weapons qualification course administered by the department. (b) The secretary or his or her designee retains full discretion to deny an employee's request under this section. (c) An individual carrying a concealed handgun under this section shall annually complete a weapons requalification course administered by the department. (d) An individual authorized to carry a concealed handgun under this section: (1) Shall immediately be prohibited from carrying a concealed handgun under this section if the individual no longer meets the criteria stated in subdivisions (a)(2)-(5) of this section; and (2) Before his or her last day of employment with the department, may seek authorization from the secretary or his or her designee to continue to carry a concealed handgun under this section for an additional six (6) months after his or her last day of employment with the department. (e) (1) The secretary shall maintain a list of individuals authorized to carry a concealed handgun under this section. (2) The list required under subdivision (e)(1) of this section: (A) Shall identify the name and location of assignment for each individual authorized to carry a concealed handgun under this section; (B) Shall be kept confidential; and (C) Is not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. Added by Act 2023, No. 752,§ 3, eff. 4/12/2023.

(a) The Secretary of the Department of Corrections or his or her designee may authorize an employee of the Department of Corrections to carry a concealed handgun into a building in which or a location on which a law enforcement officer may carry a concealed handgun, as long as the individual: (1) Is presently employed with the department; (2) Is not subject to any disciplinary action that suspends his or her authority to work; (3) Is carrying a badge or appropriate written photographic identification issued by the department; (4) Is not otherwise prohibited under federal law from possessing or receiving a firearm; (5) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; (6) Has provided written authorization for state- and national-level criminal history records screening with the results of the screening showing that the individual is eligible to legally possess and carry a firearm; (7) Has fingerprint impressions on file with the Division of Arkansas State Police automated fingerprint identification system; and (8) Has completed a weapons qualification course administered by the department.

(1) Is presently employed with the department;

(2) Is not subject to any disciplinary action that suspends his or her authority to work;

(3) Is carrying a badge or appropriate written photographic identification issued by the department;

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

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

(6) Has provided written authorization for state- and national-level criminal history records screening with the results of the screening showing that the individual is eligible to legally possess and carry a firearm;

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

(8) Has completed a weapons qualification course administered by the department.

(b) The secretary or his or her designee retains full discretion to deny an employee's request under this section.

(c) An individual carrying a concealed handgun under this section shall annually complete a weapons requalification course administered by the department.

(d) An individual authorized to carry a concealed handgun under this section: (1) Shall immediately be prohibited from carrying a concealed handgun under this section if the individual no longer meets the criteria stated in subdivisions (a)(2)-(5) of this section; and (2) Before his or her last day of employment with the department, may seek authorization from the secretary or his or her designee to continue to carry a concealed handgun under this section for an additional six (6) months after his or her last day of employment with the department.

(1) Shall immediately be prohibited from carrying a concealed handgun under this section if the individual no longer meets the criteria stated in subdivisions (a)(2)-(5) of this section; and

(2) Before his or her last day of employment with the department, may seek authorization from the secretary or his or her designee to continue to carry a concealed handgun under this section for an additional six (6) months after his or her last day of employment with the department.

(e) (1) The secretary shall maintain a list of individuals authorized to carry a concealed handgun under this section. (2) The list required under subdivision (e)(1) of this section: (A) Shall identify the name and location of assignment for each individual authorized to carry a concealed handgun under this section; (B) Shall be kept confidential; and (C) Is not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) The secretary shall maintain a list of individuals authorized to carry a concealed handgun under this section.

(2) The list required under subdivision (e)(1) of this section: (A) Shall identify the name and location of assignment for each individual authorized to carry a concealed handgun under this section; (B) Shall be kept confidential; and (C) Is not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(A) Shall identify the name and location of assignment for each individual authorized to carry a concealed handgun under this section;

(B) Shall be kept confidential; and

(C) Is not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

Added by Act 2023, No. 752,§ 3, eff. 4/12/2023.
Ark. Code Ann. § 12-75-123 — AR Code / Title 12 / Chapter 75 / Subchapter 1 / Section 12-75-123
Appropriations and authority to accept services, gifts, grants, and loans
Status: in_force

(a) Each political subdivision may make appropriations in the manner provided by law for making appropriations for the ordinary expenses of such political subdivision for the payment of expenses of its local office of emergency management. (b) (1) If the federal government or any agency or officer of the federal government offers to the state, or through the state to any political subdivision, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of emergency management or disaster relief, the state, acting through the Governor, or the political subdivision, acting with the consent of the Governor and through its chief executive or governing body, may accept the offer. (2) Upon such acceptance, the Governor of the state or chief executive or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. (c) (1) Whenever any person, firm, or corporation shall offer to the state, or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management, the state, acting through the Governor, or such political subdivision, acting through its chief executive or governing body, may accept such offer. (2) Upon such acceptance, the Governor of the state, or chief executive or governing body of such political subdivision may authorize any officer of the state, or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state, or such political subdivision and subject to the terms of the offer. Acts 1973, No. 511, § 18; A.S.A. 1947, § 11-1951; Acts 2007, No. 197, § 16; 2009, No. 165, §§ 46, 47.

(a) Each political subdivision may make appropriations in the manner provided by law for making appropriations for the ordinary expenses of such political subdivision for the payment of expenses of its local office of emergency management.

(b) (1) If the federal government or any agency or officer of the federal government offers to the state, or through the state to any political subdivision, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of emergency management or disaster relief, the state, acting through the Governor, or the political subdivision, acting with the consent of the Governor and through its chief executive or governing body, may accept the offer. (2) Upon such acceptance, the Governor of the state or chief executive or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.

(1) If the federal government or any agency or officer of the federal government offers to the state, or through the state to any political subdivision, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of emergency management or disaster relief, the state, acting through the Governor, or the political subdivision, acting with the consent of the Governor and through its chief executive or governing body, may accept the offer.

(2) Upon such acceptance, the Governor of the state or chief executive or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.

(c) (1) Whenever any person, firm, or corporation shall offer to the state, or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management, the state, acting through the Governor, or such political subdivision, acting through its chief executive or governing body, may accept such offer. (2) Upon such acceptance, the Governor of the state, or chief executive or governing body of such political subdivision may authorize any officer of the state, or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state, or such political subdivision and subject to the terms of the offer.

(1) Whenever any person, firm, or corporation shall offer to the state, or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management, the state, acting through the Governor, or such political subdivision, acting through its chief executive or governing body, may accept such offer.

(2) Upon such acceptance, the Governor of the state, or chief executive or governing body of such political subdivision may authorize any officer of the state, or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state, or such political subdivision and subject to the terms of the offer.

Acts 1973, No. 511, § 18; A.S.A. 1947, § 11-1951; Acts 2007, No. 197, § 16; 2009, No. 165, §§ 46, 47.
Ark. Code Ann. § 12-10-310 — AR Code / Title 12 / Chapter 10 / Subchapter 3 / Section 12-10-310
Records of calls
Status: in_force

(a) The public safety answering point shall develop and maintain a system for recording 911 calls received at the public safety answering point. (b) A dispatch center shall develop and maintain a system that has been approved by the Arkansas 911 Board for recording 911 calls transferred from a public safety answering point. (c) All information contained with or attached to a 911 call, including without limitation short message service, text, video, and photographs, shall be retained. (d) The records shall be retained for a period of at least one hundred eighty (180) days from the date of the call and shall include the following information: (1) Date and time the call was received; (2) The nature of the problem; and (3) Action taken by the telecommunicators. Amended by Act 2019, No. 660,§ 3, eff. 7/24/2019. Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828.

(a) The public safety answering point shall develop and maintain a system for recording 911 calls received at the public safety answering point.

(b) A dispatch center shall develop and maintain a system that has been approved by the Arkansas 911 Board for recording 911 calls transferred from a public safety answering point.

(c) All information contained with or attached to a 911 call, including without limitation short message service, text, video, and photographs, shall be retained.

(d) The records shall be retained for a period of at least one hundred eighty (180) days from the date of the call and shall include the following information: (1) Date and time the call was received; (2) The nature of the problem; and (3) Action taken by the telecommunicators.

(1) Date and time the call was received;

(2) The nature of the problem; and

(3) Action taken by the telecommunicators.

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

Acts 1985, No. 683, § 7; A.S.A. 1947, § 73-1828.
Ark. Code Ann. § 12-12-110 — AR Code / Title 12 / Chapter 12 / Subchapter 1 / Section 12-12-110
Missing or unidentified persons - Definitions
Status: in_force

(a) As used in this section: (1) "Missing person" means a person, including a child under eighteen (18) years of age, reported to a law enforcement agency as missing and unaccounted for from expected and normal activities; and (2) "Unidentified person" means a person living or deceased who is unidentified after all available methods used to identify a person have been exhausted, including a decedent released to the State Crime Laboratory in which the identity of the decedent cannot be established to the satisfaction of the State Medical Examiner. (b) (1) To the extent that this section is not duplicative with § 12-12-205 , the actions under this section shall be undertaken by the law enforcement agency with jurisdiction in the event of a report of a missing person or unidentified person. (2) Entry of missing person or unidentified person information into the National Missing and Unidentified Persons System does not relieve the obligations of a law enforcement agency under § 12-12-205 . (c) A law enforcement agency shall input the following data, if available for an unidentified person, into the National Missing and Unidentified Persons System: (1) Copies of fingerprints on standardized fingerprint cards measuring eight inches by eight inches (8" x 8") or the equivalent digital image, including partial prints of any fingers; (2) Forensic dental report or radiology imaging; (3) Detailed personal descriptions; (4) Deoxyribonucleic acid (DNA) information; (5) Radiology imaging and medical data; and (6) All other identifying data, including date and place of death. (d) When a missing person or unidentified person report is received, a law enforcement agency shall initiate the following procedures within thirty (30) days of receiving the missing person or unidentified person report: (1) Submit the missing person or unidentified person case to the National Missing and Unidentified Persons System and to any database of missing persons or unidentified persons currently required by the law enforcement agency, providing all appropriate data; (2) (A) Locate and obtain biometric records, including medical and dental records, medical and dental X-rays, or other medical imaging, and enter those records into the National Missing and Unidentified Persons System. (B) Records described under subdivision (d)(2)(A) of this section are considered confidential and shall not be released to the public; (3) (A) Utilize the National Missing and Unidentified Persons System's family reference sample submission kits and obtain voluntary DNA samples from appropriate family members to submit to the laboratory for DNA testing and to an institution of higher education that specializes in DNA identification for a full genetic profile, including testing of mitochondrial DNA, short tandem repeats on the Y-chromosome, and nuclear analyses, to be documented in the National Missing and Unidentified Persons System missing persons or unidentified persons file, and submitted to the Federal Bureau of Investigation's National DNA Index System using the Combined DNA Index System. (B) If necessary, the law enforcement agency may request assistance in obtaining family reference DNA samples; and (4) Attempt to locate any fingerprints from available resources and submit the fingerprints to the National Missing and Unidentified Persons System. (e) (1) A law enforcement agency shall not require a delay before accepting or investigating a report of a missing person when reliable information has been provided to the law enforcement agency that the person is missing. (2) A law enforcement agency shall not mandate the appearance of a next of kin before initiating a missing persons investigation. (f) (1) If a law enforcement agency receives a report of a missing person from another law enforcement agency or from a medical examiner, the law enforcement agency shall maintain a record of the case file. (2) The information contained in a report of a missing person from another law enforcement agency or from a medical examiner shall be available to a law enforcement agency attempting to identify unidentified persons. (g) (1) A law enforcement agency shall not establish or maintain a policy that requires the observance of a waiting period before accepting and investigating a report of a missing child. (2) Upon receipt of a report of a missing child, a law enforcement agency shall enter the child into the National Missing and Unidentified Persons System. (h) When a person previously reported missing has been found or when an unidentified person has been identified, the reporting law enforcement agency or the Division of Arkansas State Police shall report to the National Missing and Unidentified Persons System. (i) This section does not prohibit a law enforcement agency from maintaining case files related to missing persons or unidentified bodies. Added by Act 2019, No. 920,§ 2, eff. 7/24/2019.

(a) As used in this section: (1) "Missing person" means a person, including a child under eighteen (18) years of age, reported to a law enforcement agency as missing and unaccounted for from expected and normal activities; and (2) "Unidentified person" means a person living or deceased who is unidentified after all available methods used to identify a person have been exhausted, including a decedent released to the State Crime Laboratory in which the identity of the decedent cannot be established to the satisfaction of the State Medical Examiner.

(1) "Missing person" means a person, including a child under eighteen (18) years of age, reported to a law enforcement agency as missing and unaccounted for from expected and normal activities; and

(2) "Unidentified person" means a person living or deceased who is unidentified after all available methods used to identify a person have been exhausted, including a decedent released to the State Crime Laboratory in which the identity of the decedent cannot be established to the satisfaction of the State Medical Examiner.

(b) (1) To the extent that this section is not duplicative with § 12-12-205 , the actions under this section shall be undertaken by the law enforcement agency with jurisdiction in the event of a report of a missing person or unidentified person. (2) Entry of missing person or unidentified person information into the National Missing and Unidentified Persons System does not relieve the obligations of a law enforcement agency under § 12-12-205 .

(1) To the extent that this section is not duplicative with § 12-12-205 , the actions under this section shall be undertaken by the law enforcement agency with jurisdiction in the event of a report of a missing person or unidentified person.

(2) Entry of missing person or unidentified person information into the National Missing and Unidentified Persons System does not relieve the obligations of a law enforcement agency under § 12-12-205 .

(c) A law enforcement agency shall input the following data, if available for an unidentified person, into the National Missing and Unidentified Persons System: (1) Copies of fingerprints on standardized fingerprint cards measuring eight inches by eight inches (8" x 8") or the equivalent digital image, including partial prints of any fingers; (2) Forensic dental report or radiology imaging; (3) Detailed personal descriptions; (4) Deoxyribonucleic acid (DNA) information; (5) Radiology imaging and medical data; and (6) All other identifying data, including date and place of death.

(1) Copies of fingerprints on standardized fingerprint cards measuring eight inches by eight inches (8" x 8") or the equivalent digital image, including partial prints of any fingers;

(2) Forensic dental report or radiology imaging;

(3) Detailed personal descriptions;

(4) Deoxyribonucleic acid (DNA) information;

(5) Radiology imaging and medical data; and

(6) All other identifying data, including date and place of death.

(d) When a missing person or unidentified person report is received, a law enforcement agency shall initiate the following procedures within thirty (30) days of receiving the missing person or unidentified person report: (1) Submit the missing person or unidentified person case to the National Missing and Unidentified Persons System and to any database of missing persons or unidentified persons currently required by the law enforcement agency, providing all appropriate data; (2) (A) Locate and obtain biometric records, including medical and dental records, medical and dental X-rays, or other medical imaging, and enter those records into the National Missing and Unidentified Persons System. (B) Records described under subdivision (d)(2)(A) of this section are considered confidential and shall not be released to the public; (3) (A) Utilize the National Missing and Unidentified Persons System's family reference sample submission kits and obtain voluntary DNA samples from appropriate family members to submit to the laboratory for DNA testing and to an institution of higher education that specializes in DNA identification for a full genetic profile, including testing of mitochondrial DNA, short tandem repeats on the Y-chromosome, and nuclear analyses, to be documented in the National Missing and Unidentified Persons System missing persons or unidentified persons file, and submitted to the Federal Bureau of Investigation's National DNA Index System using the Combined DNA Index System. (B) If necessary, the law enforcement agency may request assistance in obtaining family reference DNA samples; and (4) Attempt to locate any fingerprints from available resources and submit the fingerprints to the National Missing and Unidentified Persons System.

(1) Submit the missing person or unidentified person case to the National Missing and Unidentified Persons System and to any database of missing persons or unidentified persons currently required by the law enforcement agency, providing all appropriate data;

(2) (A) Locate and obtain biometric records, including medical and dental records, medical and dental X-rays, or other medical imaging, and enter those records into the National Missing and Unidentified Persons System. (B) Records described under subdivision (d)(2)(A) of this section are considered confidential and shall not be released to the public;

(A) Locate and obtain biometric records, including medical and dental records, medical and dental X-rays, or other medical imaging, and enter those records into the National Missing and Unidentified Persons System.

(B) Records described under subdivision (d)(2)(A) of this section are considered confidential and shall not be released to the public;

(3) (A) Utilize the National Missing and Unidentified Persons System's family reference sample submission kits and obtain voluntary DNA samples from appropriate family members to submit to the laboratory for DNA testing and to an institution of higher education that specializes in DNA identification for a full genetic profile, including testing of mitochondrial DNA, short tandem repeats on the Y-chromosome, and nuclear analyses, to be documented in the National Missing and Unidentified Persons System missing persons or unidentified persons file, and submitted to the Federal Bureau of Investigation's National DNA Index System using the Combined DNA Index System. (B) If necessary, the law enforcement agency may request assistance in obtaining family reference DNA samples; and

(A) Utilize the National Missing and Unidentified Persons System's family reference sample submission kits and obtain voluntary DNA samples from appropriate family members to submit to the laboratory for DNA testing and to an institution of higher education that specializes in DNA identification for a full genetic profile, including testing of mitochondrial DNA, short tandem repeats on the Y-chromosome, and nuclear analyses, to be documented in the National Missing and Unidentified Persons System missing persons or unidentified persons file, and submitted to the Federal Bureau of Investigation's National DNA Index System using the Combined DNA Index System.

(B) If necessary, the law enforcement agency may request assistance in obtaining family reference DNA samples; and

(4) Attempt to locate any fingerprints from available resources and submit the fingerprints to the National Missing and Unidentified Persons System.

(e) (1) A law enforcement agency shall not require a delay before accepting or investigating a report of a missing person when reliable information has been provided to the law enforcement agency that the person is missing. (2) A law enforcement agency shall not mandate the appearance of a next of kin before initiating a missing persons investigation.

(1) A law enforcement agency shall not require a delay before accepting or investigating a report of a missing person when reliable information has been provided to the law enforcement agency that the person is missing.

(2) A law enforcement agency shall not mandate the appearance of a next of kin before initiating a missing persons investigation.

(f) (1) If a law enforcement agency receives a report of a missing person from another law enforcement agency or from a medical examiner, the law enforcement agency shall maintain a record of the case file. (2) The information contained in a report of a missing person from another law enforcement agency or from a medical examiner shall be available to a law enforcement agency attempting to identify unidentified persons.

(1) If a law enforcement agency receives a report of a missing person from another law enforcement agency or from a medical examiner, the law enforcement agency shall maintain a record of the case file.

(2) The information contained in a report of a missing person from another law enforcement agency or from a medical examiner shall be available to a law enforcement agency attempting to identify unidentified persons.

(g) (1) A law enforcement agency shall not establish or maintain a policy that requires the observance of a waiting period before accepting and investigating a report of a missing child. (2) Upon receipt of a report of a missing child, a law enforcement agency shall enter the child into the National Missing and Unidentified Persons System.

(1) A law enforcement agency shall not establish or maintain a policy that requires the observance of a waiting period before accepting and investigating a report of a missing child.

(2) Upon receipt of a report of a missing child, a law enforcement agency shall enter the child into the National Missing and Unidentified Persons System.

(h) When a person previously reported missing has been found or when an unidentified person has been identified, the reporting law enforcement agency or the Division of Arkansas State Police shall report to the National Missing and Unidentified Persons System.

(i) This section does not prohibit a law enforcement agency from maintaining case files related to missing persons or unidentified bodies.

Added by Act 2019, No. 920,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 12-50-106 — AR Code / Title 12 / Chapter 50 / Section 12-50-106
Contracts for correctional facilities
Status: in_force

(a) The Division of Correction, any regional corrections commission, and any political subdivision are authorized to enter into contracts with each other and with prison contractors for the financing, acquiring, constructing, and operating of facilities. (b) Any contract for the financing, acquiring, constructing, or operating of facilities between the division and a prison contractor shall be approved by the Board of Corrections, subject to the advice and consent of the Legislative Council. (c) Contracts entered into under the terms of this chapter shall be negotiated with the firm found most qualified. However, no contract for correctional services may be entered into unless the private contractor demonstrates that it has: (1) The qualifications, experience, and management personnel necessary to carry out the terms of the contract; (2) The financial strength and ability to provide indemnification for liability arising from large prison management projects; (3) Evidence of past performance of similar contracts; and (4) The ability to comply with applicable court orders and correctional standards. (d) Contracts awarded under this section, including contracts for the provision of correctional services or for the lease or use of public lands or buildings for use in the operation of state or local facilities, may be entered into for a period of up to twenty (20) years, subject to the requirement for annual appropriation of funds by each political subdivision and subject to the requirement of annual appropriations by the state. (e) Contracts awarded under the provisions of this section at a minimum shall comply with the following: (1) Provide for internal and perimeter security to protect the public, employees, and inmates; (2) Provide inmates with work or training opportunities while incarcerated. However, the contractor shall not benefit financially from the labor of inmates; (3) Impose discipline on inmates only in accordance with applicable rules and procedures; and (4) Provide proper food, clothing, housing, and medical care for inmates. (f) No contract for correctional services shall be entered into unless the following requirements are met: (1) The contractor provides audited financial statements for the previous five (5) years, or for each of the years the contractor has been in operation, if fewer than five (5) years and provides other financial information as requested; and (2) (A) The contractor provides an adequate plan of indemnification, specifically including indemnity for civil rights claims. (B) The indemnification plan shall be adequate to protect the state, political subdivisions, and public officials, including county sheriffs and chiefs of police, from all claims and losses incurred as a result of the contract. (C) Nothing in this section is intended to deprive a prison contractor, the state, or a political subdivision of the benefits of any law limiting exposure to liability or setting a limit on damages. Amended by Act 2019, No. 910,§ 841, eff. 7/1/2019. Amended by Act 2017, No. 250,§ 27, eff. 8/1/2017. Acts 1987, No. 427, § 5.

(a) The Division of Correction, any regional corrections commission, and any political subdivision are authorized to enter into contracts with each other and with prison contractors for the financing, acquiring, constructing, and operating of facilities.

(b) Any contract for the financing, acquiring, constructing, or operating of facilities between the division and a prison contractor shall be approved by the Board of Corrections, subject to the advice and consent of the Legislative Council.

(c) Contracts entered into under the terms of this chapter shall be negotiated with the firm found most qualified. However, no contract for correctional services may be entered into unless the private contractor demonstrates that it has: (1) The qualifications, experience, and management personnel necessary to carry out the terms of the contract; (2) The financial strength and ability to provide indemnification for liability arising from large prison management projects; (3) Evidence of past performance of similar contracts; and (4) The ability to comply with applicable court orders and correctional standards.

(1) The qualifications, experience, and management personnel necessary to carry out the terms of the contract;

(2) The financial strength and ability to provide indemnification for liability arising from large prison management projects;

(3) Evidence of past performance of similar contracts; and

(4) The ability to comply with applicable court orders and correctional standards.

(d) Contracts awarded under this section, including contracts for the provision of correctional services or for the lease or use of public lands or buildings for use in the operation of state or local facilities, may be entered into for a period of up to twenty (20) years, subject to the requirement for annual appropriation of funds by each political subdivision and subject to the requirement of annual appropriations by the state.

(e) Contracts awarded under the provisions of this section at a minimum shall comply with the following: (1) Provide for internal and perimeter security to protect the public, employees, and inmates; (2) Provide inmates with work or training opportunities while incarcerated. However, the contractor shall not benefit financially from the labor of inmates; (3) Impose discipline on inmates only in accordance with applicable rules and procedures; and (4) Provide proper food, clothing, housing, and medical care for inmates.

(1) Provide for internal and perimeter security to protect the public, employees, and inmates;

(2) Provide inmates with work or training opportunities while incarcerated. However, the contractor shall not benefit financially from the labor of inmates;

(3) Impose discipline on inmates only in accordance with applicable rules and procedures; and

(4) Provide proper food, clothing, housing, and medical care for inmates.

(f) No contract for correctional services shall be entered into unless the following requirements are met: (1) The contractor provides audited financial statements for the previous five (5) years, or for each of the years the contractor has been in operation, if fewer than five (5) years and provides other financial information as requested; and (2) (A) The contractor provides an adequate plan of indemnification, specifically including indemnity for civil rights claims. (B) The indemnification plan shall be adequate to protect the state, political subdivisions, and public officials, including county sheriffs and chiefs of police, from all claims and losses incurred as a result of the contract. (C) Nothing in this section is intended to deprive a prison contractor, the state, or a political subdivision of the benefits of any law limiting exposure to liability or setting a limit on damages.

(1) The contractor provides audited financial statements for the previous five (5) years, or for each of the years the contractor has been in operation, if fewer than five (5) years and provides other financial information as requested; and

(2) (A) The contractor provides an adequate plan of indemnification, specifically including indemnity for civil rights claims. (B) The indemnification plan shall be adequate to protect the state, political subdivisions, and public officials, including county sheriffs and chiefs of police, from all claims and losses incurred as a result of the contract. (C) Nothing in this section is intended to deprive a prison contractor, the state, or a political subdivision of the benefits of any law limiting exposure to liability or setting a limit on damages.

(A) The contractor provides an adequate plan of indemnification, specifically including indemnity for civil rights claims.

(B) The indemnification plan shall be adequate to protect the state, political subdivisions, and public officials, including county sheriffs and chiefs of police, from all claims and losses incurred as a result of the contract.

(C) Nothing in this section is intended to deprive a prison contractor, the state, or a political subdivision of the benefits of any law limiting exposure to liability or setting a limit on damages.

Amended by Act 2019, No. 910,§ 841, eff. 7/1/2019.

Amended by Act 2017, No. 250,§ 27, eff. 8/1/2017.

Acts 1987, No. 427, § 5.
Ark. Code Ann. § 12-18-706 — AR Code / Title 12 / Chapter 18 / Subchapter 7 / Section 12-18-706
Notice if the alleged offender is eighteen years of age or older
Status: in_force

Notification to an alleged offender who was eighteen (18) years of age or older at the time of the act or omission that resulted in a true finding of child maltreatment shall include the following: (1) The investigative determination, excluding data that would identify the person who made the report to the Child Abuse Hotline; (2) A statement that the person named as the alleged offender of the true report may request an administrative hearing; (3) A statement that the request must be made to the Department of Human Services within thirty (30) days of receipt of the service or certified mailing of the notice of determination; (4) The potential consequences to the person if the person's name is placed on the Child Maltreatment Central Registry; (5) A statement that the person has a right to have an attorney and that if the person cannot afford an attorney to contact the Center for Arkansas Legal Services; (6) A statement that if the person's name is placed on the registry, the person's name may be automatically removed after one (1) year or the person may be able to petition for removal after one (1) year, depending on the finding; (7) The name of the person making the notification to the alleged offender, his or her title or position, and current contact information; and (8) A statement that the administrative hearing may take place in person if requested by the alleged offender or the alleged offender's attorney within thirty (30) days from the date that the alleged offender receives notification under this section. Acts 2009, No. 749, § 1; 2011, No. 779, § 19.

Notification to an alleged offender who was eighteen (18) years of age or older at the time of the act or omission that resulted in a true finding of child maltreatment shall include the following:

(1) The investigative determination, excluding data that would identify the person who made the report to the Child Abuse Hotline;

(2) A statement that the person named as the alleged offender of the true report may request an administrative hearing;

(3) A statement that the request must be made to the Department of Human Services within thirty (30) days of receipt of the service or certified mailing of the notice of determination;

(4) The potential consequences to the person if the person's name is placed on the Child Maltreatment Central Registry;

(5) A statement that the person has a right to have an attorney and that if the person cannot afford an attorney to contact the Center for Arkansas Legal Services;

(6) A statement that if the person's name is placed on the registry, the person's name may be automatically removed after one (1) year or the person may be able to petition for removal after one (1) year, depending on the finding;

(7) The name of the person making the notification to the alleged offender, his or her title or position, and current contact information; and

(8) A statement that the administrative hearing may take place in person if requested by the alleged offender or the alleged offender's attorney within thirty (30) days from the date that the alleged offender receives notification under this section.

Acts 2009, No. 749, § 1; 2011, No. 779, § 19.
Ark. Code Ann. § 12-42-103 — AR Code / Title 12 / Chapter 42 / Section 12-42-103
County farm - Purchase authorized
Status: in_force

Plenary power is conferred upon the county levying court at its regular or specially called meeting, to authorize the county court or the county judge thereof in vacation to purchase in the name and for the benefit of the county, a tract of land not to exceed two thousand (2,000) acres, or the levying court shall have the power, if it deem best, to direct the court or the county judge thereof in vacation, to lease in the name and for the benefit of the county, a farm upon which the county prisoners shall be worked under the provisions of this section or §§ 12-42-108 , 12-42-114 , 12-42-115 , 16-90-405 , and 16-96-504 [repealed]. Acts 1881, No. 81, § 11, p. 148; 1893, No. 120, § 4, p. 207; 1899, No. 111, § 1, p. 179; C. & M. Dig., § 2081; Pope's Dig., § 2683; Acts 1961, No. 254, § 2; A.S.A. 1947, § 46-520.

Plenary power is conferred upon the county levying court at its regular or specially called meeting, to authorize the county court or the county judge thereof in vacation to purchase in the name and for the benefit of the county, a tract of land not to exceed two thousand (2,000) acres, or the levying court shall have the power, if it deem best, to direct the court or the county judge thereof in vacation, to lease in the name and for the benefit of the county, a farm upon which the county prisoners shall be worked under the provisions of this section or §§ 12-42-108 , 12-42-114 , 12-42-115 , 16-90-405 , and 16-96-504 [repealed].

Acts 1881, No. 81, § 11, p. 148; 1893, No. 120, § 4, p. 207; 1899, No. 111, § 1, p. 179; C. & M. Dig., § 2081; Pope's Dig., § 2683; Acts 1961, No. 254, § 2; A.S.A. 1947, § 46-520.