Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 3 - CORRECTIONAL FACILITIES AND PROGRAMS (§§ 12-25-101 — 12-51-901) › Chapter 27 - DEPARTMENT OF CORRECTION - DEPARTMENT OF COMMUNITY CORRECTION (§§ 12-27-101 — 12-27-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-27-101 — 12-27-151) › Section 12-27-103 - Division of Correction - Creation - Powers and duties

(a)
There is established, under the supervision, control, and direction of the Board of Corrections, a Division of Correction.
(b)
The Division of Correction shall have the following functions, powers, and duties, administered in accordance with the policies and rules promulgated by the Board of Corrections:
(1)
The Division of Correction shall have exclusive jurisdiction over the care, charge, custody, control, management, administration, and supervision of all persons and offenders committed to, or in the custody of, the state penitentiary;
(2)
The Division of Correction shall maintain management and control over all properties, both real and personal, facilities, books, records, equipment, supplies, materials, contracts, funds, moneys, equities, and all other properties belonging to the state penitentiary, except those deemed by the Board of Corrections to be placed in the Division of Community Correction. The Division of Correction shall administer said properties in accordance with the provisions of this act and other laws applicable to the administration of the state correctional system;
(3)
The Department of Correction, as the Division of Correction was known as prior to July 1, 2019, assumed all obligations, contracts, indebtedness, liabilities, and other obligations of the state penitentiary system existing on March 1, 1968;
(4)
(A)
The Department of Correction, as the Division of Correction was known as prior to July 1, 2019, has custody, management, and control over all institutions and facilities, and the inmates therein, belonging to the state penitentiary or hereafter established by the Department of Correction, as the Division of Correction was known as prior to July 1, 2019, and known as the Division of Correction for the custodial correction and rehabilitation of persons committed to the Division of Correction for its care, except for those institutions established by or transferred to the Division of Community Correction.
(B)
Legal custody of inmates transferred to the Division of Community Correction shall remain with the Division of Correction unless altered by court order;
(5)
The Division of Correction shall establish and operate classification committees, diagnosis and treatment programs, and such other programs as may be desirable to fulfill the purposes of this act;
(6)
The Division of Correction shall employ such officers, employees, and agents and shall secure such offices and quarters as are deemed necessary to discharge the functions of the Division of Correction;
(7)
The Division of Correction shall receive all offenders committed to the Division of Correction for conviction of felonies or other offenses, the punishment of which is commitment to the penitentiary under the laws of this state, and shall be responsible for the care, custody, and correction of such persons pursuant to policies established by the Board of Corrections;
(8)
The Division of Correction shall operate all farming, livestock, industries, and other income-producing facilities of the Division of Correction and shall sell the products of its industries and farms in the manner provided by law;
(9)
The Division of Correction may establish and operate regional adult detention facilities, provided funds therefor have been authorized and appropriated by the General Assembly;
(10)
The Division of Correction shall cooperate with municipalities and counties in this state in providing consulting services when requested with respect to detention and correctional facilities operated by the municipalities or counties;
(11)
The Division of Correction shall cooperate with law enforcement agencies of this state, the United States, institutions of this state for the detention, custody, and care of delinquent and dependent juveniles, and with all agencies and departments of this state offering services or programs of welfare, rehabilitation, and other services for the benefit of persons committed to the Division of Correction;
(12)
The Division of Correction may accept gifts, grants, and funds from public and private sources with prior approval of the Board of Corrections and administer the same in furtherance of the purposes of this act;
(13)
(A)
The Division of Correction shall have the authority to issue warrants for the retaking of any person who, committed to its custody, unlawfully escapes therefrom.
(B)
The warrant shall:
(i)
Authorize all law enforcement officials of this state to take custody and return the person named therein to the custody of the Division of Correction; and
(ii)
Authorize all law enforcement officials of this state, any other state, and the federal government to take custody and detain the person in any suitable detention facility while awaiting further transfer to the Division of Correction;
(14)
(A)
(i)
Subject to the approval of the Governor, the Division of Correction may cooperate with and contract with the federal government, governmental agencies of Arkansas and other states, political subdivisions of Arkansas, political subdivisions of other states, counties, regional correctional facilities, and private contractors to provide and improve correctional operations and to keep custody of inmates transferred from the Division of Correction.
(ii)
A facility owned or leased under this subdivision (b)(14) shall comply with all constitutional standards of the United States and the State of Arkansas.
(B)
A county may contract for construction or operation or both with another entity to house a Division of Correction inmate under this subdivision (b)(14) for a period not to exceed twenty (20) years;
(15)
The Division of Correction shall cooperate with the Division of Community Correction, the Post-Prison Transfer Board, the Arkansas Sentencing Commission, judicial districts, municipalities, and counties in this state in providing guidance and services required to ensure a full range of correctional options for the state as a whole;
(16)
The Division of Correction shall provide support to the Division of Community Correction as determined by the Board of Corrections;
(17)
The Division of Correction shall assist the Board of Corrections in the furtherance of its goals by staffing the specific charges articulated for it through legislation and by the Board of Corrections;
(18)
The Department of Corrections shall establish programs of research, evaluation, statistics, audit, and planning, including studies and evaluation of the performance of various functions and activities of the department and studies affecting the treatment of offenders and information about other programs; and
(19)
The Division of Correction may deposit the proceeds from the sale of state property through the Marketing and Redistribution Section as cash funds deposited into the State Treasury as determined by the Chief Fiscal Officer of the State in an amount not to exceed one hundred thousand dollars ($100,000) to be used for the operating expenses of the Paws in Prison program.
Amended by Act 2023, No. 659,§ 75, eff. 1/1/2024.
Amended by Act 2023, No. 890,§ 38, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 878, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 730, eff. 7/1/2019.
Amended by Act 2015, No. 1206,§ 1, eff. 4/7/2015.
Acts 1968 (1st Ex. Sess.), No. 50, § 3; 1977, No. 935, § 1; A.S.A. 1947, § 46-103; Acts 1993, No. 549, § 2; 2011, No. 184, § 1.