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 41 - LOCAL CORRECTIONAL FACILITIES (§§ 12-41-101 — 12-41-810) › Subchapter 7 - JAIL BOARDS - REVENUE BONDS (§§ 12-41-701 — 12-41-719) › Section 12-41-704 - Jail boards

(a)
(1)
Any county, municipality, or public instrumentality electing to form a county jail board, municipal jail board, or public instrumentality jail board for the purpose of issuing bonds under the provisions of this subchapter, shall, by ordinance or resolution adopted by the county quorum court or by the governing body of the municipality or public instrumentality, establish a board consisting of such members, not fewer than three (3) nor more than seven (7) in number, as provided in the ordinance or resolution.
(2)
Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty by the county quorum court, governing body of the municipality, or public instrumentality that created the board after reasonable notice and an opportunity for a hearing concerning the alleged grounds for removal.
(b)
The county judge of the county shall serve as a member of a board created by the county, and the principal executive officer of the municipality or public instrumentality shall serve as a member of a board created by a municipality or public instrumentality unless the county judge or principal executive officer is removed as provided in this subchapter.
(c)
The board is authorized and empowered to:
(1)
Construct a jail or provide for the renovation or expansion of an existing jail on a site or sites selected by the board;
(2)
Enter into contracts with the United States Government, any state agency, state or governmental body or political subdivision, public or private corporation or other legal entity or any individual or a combination of any of these entities and individuals to provide for the design, financing, construction, expansion, operation, and maintenance of all or any portion of a jail or for any combination of the services and functions;
(3)
Arrange for the housing of incarcerants during the period in which any such jail is undergoing construction, renovation, or expansion;
(4)
Construct or cause to be constructed parking facilities to serve the jail and the public having business therein;
(5)
Obtain the necessary funds for accomplishing its powers, purposes, and authority;
(6)
Purchase, lease, or rent and receive bequests or donations of or otherwise acquire, sell, trade, or barter any real, personal, or mixed property and convert into money or any property not needed or which cannot be used in its then current form;
(7)
Contract and be contracted with, apply for, receive, accept, and use any moneys and property from the United States Government, any state agency, any state or governmental body or political subdivision, any public or private corporation of any nature, or any individual;
(8)
Enter into long-term or short-term contracts with counties, municipalities, public instrumentalities, the State of Arkansas, agencies of the federal government, and other public entities under which the board shall provide nightly or other periodic housing of these entities' misdemeanant or other incarcerants for fee compensation or other consideration;
(9)
Offer incarcerants the option in lieu of incarceration to participate in community service programs and all other forms of voluntary labor;
(10)
To the extent allowed under applicable law, enter into contracts with third party governmental entities under which the board may receive compensation for supplying to those entities with the voluntary services and labor of incarcerants;
(11)
Enter into jail management contracts with third party governmental or private organizations upon terms and conditions that the board determines appropriate;
(12)
Pledge to the repayment of debt any and all contract receivables and revenues of any kind that are payable to the board;
(13)
Mortgage real property and grant a security interest in all personal, intangible, or other property, including all contract receivables and revenues of any kind that are payable to the board;
(14)
Borrow funds that shall be available for board use with an obligation to repay;
(15)
Invest and reinvest any of its moneys and securities as authorized by law; and
(16)
Take such other action not inconsistent with law as may be necessary and desirable to carry out the power, purposes, and authority set forth in this subchapter and to carry out the intent of this subchapter.
Acts 1983, No. 918, § 7; A.S.A. 1947, § 46-453; Acts 2003, No. 1772, § 1.