reglab/housing_qa huggingface dataset:
AR Code § 16-91-201 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 2 - Arkansas Effective Death Penalty Act of 1997|§ 16-91-201. Access to files

 (a) In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant's prior trial counsel shall make available to the defendant's state post-conviction counsel the complete files of the defendant's trial counsel, and the defendant's prior counsel on direct appeal shall make available to the defendant's state post-conviction counsel the complete files of the defendant's appellate counsel.  (b) The defendant's post-conviction counsel may inspect and photocopy the files, but the defendant's prior trial and appellate counsel shall maintain custody of their respective files for at least five (5) years following completion of the direct review process in state court, except as to the material which is admitted into evidence in any trial proceedings.
AR Code § 16-91-203 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 2 - Arkansas Effective Death Penalty Act of 1997|§ 16-91-203. Applicability of subchapter

 This subchapter applies to all persons under sentence of death, including those whose cases were pending on direct review when this subchapter was passed, who file their initial applications for state post-conviction relief on or after March 31, 1997.
AR Code § 16-91-204 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 2 - Arkansas Effective Death Penalty Act of 1997|§ 16-91-204. Legislative intent

 It is the express intent of this subchapter to comply with the requirements of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, in an effort to obtain the benefits of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, concerning time limitations in which federal habeas corpus proceedings and appeals must be considered and decided, and for other purposes. Throughout this subchapter, references to “post-conviction” proceedings or petitions refer solely to those proceedings or petitions which are filed pursuant to the state rule or statute in which claims of ineffective assistance of counsel are cognizable, such as Rule 37 of the Arkansas Rules of Criminal Procedure. Specific reference to Rule 37 of the Arkansas Rules of Criminal Procedure was avoided only because the General Assembly is aware that the form of relief provided for by Rule 37 of the Arkansas Rules of Criminal Procedure may, at some point in the future, be provided for by a different rule or statute. It is the intent of the General Assembly to ensure that this subchapter apply to Rule 37-type post-conviction proceedings, not to post-conviction proceedings in which claims of ineffective assistance are not cognizable. It is the intent of § 16-91-202(e) to allow the appointment of counsel in the very limited circumstance in which, because of unique training, experience, or background, an attorney is clearly competent and qualified to represent an indigent petitioner in a capital post-conviction proceeding, but otherwise does not meet all of the criteria of § 16-91-202(c). Section 16-91-202(e) was created for the specific purpose of permitting the appointment of experienced attorneys, including but not limited to, former prosecutors and judges who, because of the nature of their practice, are uniquely qualified to represent capital defendants but do not meet the specific defense-related requirements of § 16-91-202(c).
AR Code § 16-91-205 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 2 - Arkansas Effective Death Penalty Act of 1997|§ 16-91-205. Severability

 (a) If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are declared to be severable.  (b) In the event that any provision of this subchapter is found to be an invalid encroachment upon the rule-making authority of the Supreme Court, that provision shall be deemed to be a resolution of the General Assembly recommending the adoption of the provision by court rule.
AR Code § 16-91-206 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 91 - Appeal and Post-Conviction|Subchapter 2 - Arkansas Effective Death Penalty Act of 1997|§ 16-91-206. Title

 This subchapter is known and may be cited as the “Arkansas Effective Death Penalty Act of 1997”.
AR Code § 16-93-102 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 1 - General Provisions|§ 16-93-102. Applicability of act to certain persons

 The provisions of this act are extended to any person who as of March 1, 1968, may be on parole or eligible to be placed on parole under existing laws, with the same force and effect as if this act had been in operation at the time the person was placed on parole or became eligible to be placed thereon, as the case may be.
AR Code § 16-93-103 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 1 - General Provisions|§ 16-93-103. Authority of officers to make arrests and carry firearms

 (a) A probation officer appointed by a circuit court or district court, excluding a juvenile probation officer, and a parole and probation officer employed by the Division of Community Correction who is a currently certified law enforcement officer may execute, serve, and return all lawful warrants of arrest issued by the State of Arkansas or any political subdivision of the state and are otherwise authorized to make lawful arrests as is any law enforcement officer of the State of Arkansas.  (b) A parole and probation officer either employed by the division or another entity authorized to employ a parole and probation officer may carry a:  (1) Firearm during all hours in which he or she is actively engaged in the obligations and duties of the office to which he or she is appointed or employed, pursuant to selection and training requirements under §§ 12-9-104, 12-9-106, and 12-9-107; and  (2) Nonstate-issued firearm during all hours in which he or she is not actively pursuing the obligations and duties of the office to which he or she is appointed.    (c) A parole and probation officer employed by the division may also carry:  (1) A nonstate-issued firearm as a secondary weapon while actively engaged in the duties of the office to which he or she is appointed or employed; and  (2) A state-issued firearm during all hours in which he or she is not actively engaged in the duties of the office to which he or she is appointed or employed, except that a parole and probation officer may not carry a firearm issued by the division while the parole and probation officer is actively working at employment other than for the division.
AR Code § 16-93-104 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 1 - General Provisions|§ 16-93-104. Supervision fee — Direct payment by offender — Failure to pay

 (a)  (1) Any offender on probation, parole, or transfer under supervision of the Division of Community Correction shall pay to the division a monthly fee of thirty-five dollars ($35.00).  (2) The Director of the Division of Community Correction or his or her designee shall deposit each payment received into the State Treasury as special revenues credited to the Community Correction Revolving Fund.  (3) Expenditures from the fund shall be used for continuation and expansion of community correction programs and supervision as established and approved by the Board of Corrections.    (b)  (1) When an offender on probation defaults in the payment of supervision fees or any installment thereof, the court may require the offender to show cause why he or she would not be imprisoned for nonpayment.  (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so to the court in writing, under oath, and the court so finds.  (3) Unless the offender shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court may order the defendant imprisoned until the payments are made.  (4) If the court determines that the default in payment is not attributable to the causes specified in subdivision (b)(3) of this section, the court may enter an order allowing the offender additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion thereof in whole or in part.    (c)  (1) The offender on parole may be imprisoned for violation of parole if the offender is financially able to make the payments and if the payments are not made and the Parole Board so finds, subject to the limitations set out in this subsection.  (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so under oath to the Parole Board in writing, and the Parole Board so finds.    (d) Court costs under § 16-10-305 shall be collected in full before any fees are collected under this section.
AR Code § 16-93-106 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 1 - General Provisions|§ 16-93-106. Warrantless search by any law enforcement officer of probationer or parolee

 (a)  (1) A person who is placed on supervised probation or is released on parole under this chapter is required to agree to a waiver as a condition of his or her supervised probation or parole that allows any certified law enforcement officer or Division of Community Correction officer to conduct a warrantless search of his or her person, place of residence, or motor vehicle at any time, day or night, whenever requested by the certified law enforcement officer or division officer.  (2) A warrantless search that is based on a waiver required by this section shall be conducted in a reasonable manner but does not need to be based on an articulable suspicion that the person is committing or has committed a criminal offense.    (b)  (1) A person who will be placed on supervised probation or parole and is required to agree to the waiver required by this section shall acknowledge and sign the waiver.  (2) If the person fails to acknowledge and sign the waiver required by this section, he or she is ineligible to be placed on supervised probation or parole.    (c) As used in this section, “residence” includes a garage or outbuilding on the property of a residence.
AR Code § 16-93-107 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 1 - General Provisions|§ 16-93-107. Medicaid eligibility of parolee or probationer — Definition

 (a) The Division of Correction shall screen inmates nearing release from incarceration and the Division of Community Correction shall screen parolees and probationers under supervision for Medicaid eligibility.  (b) If an inmate nearing release from incarceration, parolee, or probationer receives medical services, including substance abuse and mental health treatment, that meet criteria for Medicaid coverage, the parole officer, probation officer, or Division of Correction official or Division of Community Correction official may apply for Medicaid coverage for the inmate nearing release from incarceration, parolee, or probationer under this section.  (c)  (1) The inmate nearing release from incarceration, parolee, or probationer may designate an authorized representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility.  (2) However, the parole officer, probation officer, or Division of Correction official or Division of Community Correction official shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if:  (A) The inmate nearing release from incarceration, parolee, or probationer does not designate an authorized representative within three (3) business days after request; or  (B) The authorized representative designated under subdivision (c)(1) of this section does not file a Medicaid application within three (3) business days after appointment and request.      (d) An authorized representative under this section:  (1) Shall have access to the information necessary to comply with Medicaid requirements; and  (2) May provide and receive information in connection with establishing and maintaining Medicaid eligibility, including confidential information.    (e)  (1) The parole officer, probation officer, or Division of Correction official or Division of Community Correction official or the designee of the parole officer, probation officer, or Division of Correction official or Division of Community Correction official may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate nearing release from incarceration, parolee, or probationer.  (2) Access under subdivision (e)(1) of this section shall be to:  (A) Establish Medicaid eligibility;  (B) Provide healthcare services; or  (C) Pay for healthcare services.      (f) As used in this section, “Medicaid eligibility” means eligibility for any healthcare coverage offered by the Department of Human Services.
AR Code § 16-93-108 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 1 - General Provisions|§ 16-93-108. Mental health and substance abuse treatment

 A parolee or probationer who is enrolled in a Medicaid program shall be referred to mental health or substance abuse treatment, or both, when the referral is included as part of a court order, supervision plan, or treatment plan.
AR Code § 16-93-109 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 1 - General Provisions|§ 16-93-109. Medicaid reimbursement for essential healthcare services

 Unless otherwise prohibited by law, the Department of Human Services shall cooperate with the Division of Correction and the Division of Community Correction to establish protocols for utilizing Medicaid to reimburse the Division of Correction, Division of Community Correction, Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, Division of Youth Services of the Department of Human Services, a healthcare provider, or a third party for essential healthcare services, including mental health and substance abuse treatment.
AR Code § 16-93-110 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 1 - General Provisions|§ 16-93-110. Contracting with Medicaid provider

 The Department of Correction and the Department of Community Correction each may contract with a provider in order to facilitate the enrollment of an inmate, a probationer, or a parolee in Medicaid.
AR Code § 16-93-111 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 1 - General Provisions|§ 16-93-111. Parole or probation prohibitions for sex offenses

 A person required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., who is under felony probation or released on parole shall have as a term and condition of his or her probation or parole a prohibition against recording a person under fourteen (14) years of age under § 5-14-137 if he or she is assessed as a Level 3 or Level 4 offender.
AR Code § 16-93-202 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 2 - Parole Board|§ 16-93-202. Seal — Records and reports

 (a) The Parole Board shall adopt an official seal of which the courts shall take judicial notice.  (b) The board shall keep a record of its acts and shall notify each institution and facility of its decisions relating to persons who have been confined therein.  (c)  (1) An annual report in writing shall be made by the board on or before February 1 of each year for the preceding year.  (2) The report shall be directed to the Governor and to the General Assembly and shall contain statistical and other data concerning its work, including research studies which it may make on parole or related functions.    (d)  (1) A presentence report, a preparole report, and a supervision history obtained in the discharge of official duty by any member or employee of the board shall be privileged and shall not be disclosed, directly or indirectly, to any person other than the board, a court, others entitled under this chapter to receive the information, or as required under § 16-93-213.  (2) However, the board or a court, at its discretion, may permit the inspection of the presentence report, preparole report, or supervision history by a person having a proper interest in the presentence report, preparole report, or supervision history if the interests or welfare of the person involved makes that action desirable or helpful.    (e)  (1)  (A) Upon written request, a member of the General Assembly or an employee of the House of Representatives, the Senate, or the Bureau of Legislative Research acting on the member's behalf may view all classification, disciplinary, demographic, and parole hearing records of a current or former inmate or parolee who is currently or was formerly granted parole by the board.  (B) A request made on behalf of a member of the General Assembly shall be made in good faith.    (2) A view of records under subdivision (e)(1) of this section by an employee may be performed only if the employee is assigned to one (1) or more of the following committees:  (A) Senate Committee on Judiciary;  (B) House Committee on Judiciary; or  (C) Charitable, Penal and Correctional Institutions Subcommittee of the Legislative Council.    (3) The board shall ensure that the employee authorized under subdivision (e)(2) of this section to view records is provided access to the records.  (4) A record requested to be viewed under subdivision (e)(1) of this section is privileged and confidential and shall not be shown to any person not authorized to have access to the record under this section and shall not be used for any political purpose, including without limitation political advertising, fundraising, or campaigning.
AR Code § 16-93-203 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 2 - Parole Board|§ 16-93-203. Cooperation from prison officials

 It shall be the duty of any correctional official to:   (1) Grant access at all reasonable times to any prisoner over whom the Parole Board has jurisdiction under this chapter to the members of the board or its properly accredited representatives;  (2) Provide the board and its representatives facilities for communicating with and observing the person; and  (3) Furnish the board with:  (A) The reports the board requires concerning the conduct and character of any prisoner in his or her custody; and  (B) Any facts the board deems pertinent in determining whether:  (i) The prisoner shall be transferred and under what conditions the prisoner shall be transferred; or  (ii) The prisoner shall be paroled.
AR Code § 16-93-205 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 2 - Parole Board|§ 16-93-205. Parole of Arkansas inmates in out-of-state prisons

 (a) The Parole Board may request the appropriate board or commission having jurisdiction over parole or transfer matters in other states or the United States Parole Commission to make recommendations concerning whether Arkansas inmates confined in prison systems of the other states or in federal prisons should be granted parole or transfer when eligible under Arkansas law.  (b) The Parole Board may take action at its option on the application of an inmate for parole, using as its criteria the recommendations received from the appropriate board or commission of the other states or the United States Parole Commission in lieu of the personal appearance before the Parole Board of the inmate seeking parole or transfer.
AR Code § 16-93-206 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 2 - Parole Board|§ 16-93-206. Parole revocation review — Jurisdiction

 (a) The Parole Board shall serve as the revocation review board for any person subject to either parole or transfer from prison.  (b) Revocation proceedings for either parole or transfer shall follow all legal requirements applicable to parole and shall be subject to any additional policies and rules set by the board.
AR Code § 16-93-208 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 2 - Parole Board|§ 16-93-208. Services and equipment

 The Division of Correction and the Division of Community Correction may provide services, furnishings, equipment, and office space to assist the Parole Board in fulfilling the purposes for which the board was created by law.
AR Code § 16-93-210 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 93 - Probation and Parole|Subchapter 2 - Parole Board|§ 16-93-210. Monthly performance report on parole applications and outcome — Reports concerning administrative directives filed with Legislative Council

 (a)  (1) The Parole Board shall submit a monthly report to the chairs of the House Committee on Judiciary and the Senate Committee on Judiciary, the Legislative Council, the Board of Corrections, and the Governor, showing the number of persons who make application for parole and those who are granted or denied parole during the previous month for each criminal offense classification.  (2) The report shall include a breakdown by race of all persons sentenced in each criminal offense classification.  (3) The report shall include the reason for each denial of parole, the results of the risk-needs assessment, and the course of action that accompanies each denial pursuant to § 16-93-615(a)(2)(B)(ii).    (b) The Parole Board shall cooperate with and upon request make presentations and provide various reports, to the extent the Parole Board's budget will allow, to the Legislative Council concerning Parole Board policy and criteria on discretionary offender programs and services.  (c) The Parole Board shall file a report with the Legislative Council on a quarterly basis containing all new and revised administrative directives issued in the previous quarter by:  (1) The Parole Board;  (2) The Chair of the Parole Board;  (3) The Administrative Services Manager of the Parole Board;  (4) The Administrator of the Parole Board; and  (5) Staff of the Parole Board.