reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-110 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, §§ 6, 11.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-111 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, § 13.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-112 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, § 14.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-113 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, § 12.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 14 - VOLUNTARY PROGRAM FOR DRUG-FREE WORKPLACES (§§ 11-14-101 — 11-14-112) › Section 11-14-101 - Legislative intent

(a)
It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state may be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from drug or alcohol abuse by employees. It is further the intent of the General Assembly that drug and alcohol abuse be discouraged and that employees who choose to engage in drug or alcohol abuse face the risk of unemployment and the forfeiture of workers' compensation benefits.
(b)
(1)
If an employer implements a drug-free workplace program under this chapter that includes notice, education, and procedural requirements for testing for drugs and alcohol under rules developed by the Workers' Health and Safety Division, the covered employer may require the employee to submit to a test for the presence of drugs or alcohol, and if a drug or alcohol is found to be present in the employee's system at a level prescribed by statute or by rule adopted under this chapter as excessive, the employee may be terminated and may be precluded from workers' compensation medical and indemnity benefits.
(2)
However, a drug-free workplace program shall require the covered employer to notify all employees that it is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in the employee's body, and if an injured employee refuses to submit to a test for drugs or alcohol, the employee may be precluded from workers' compensation medical and indemnity benefits.
Amended by Act 2017, No. 154,§ 1, eff. 8/1/2017.
Acts 1999, No. 1552, § 1; 2001, No. 1757, § 9.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 14 - VOLUNTARY PROGRAM FOR DRUG-FREE WORKPLACES (§§ 11-14-101 — 11-14-112) › Section 11-14-103 - Applicability

(a)
This chapter applies to a drug-free workplace program implemented pursuant to rules adopted by the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission.
(b)
The application of the provisions of this chapter is subject to the provisions of any applicable collective bargaining agreement.
(c)
Nothing in the program authorized by this chapter is intended to authorize any employer to test any applicant or employee for alcohol or drugs in any manner inconsistent with federal constitutional or statutory requirements, including those imposed by the Americans with Disabilities Act and the National Labor Relations Act.
Acts 1999, No. 1552, § 2.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 14 - VOLUNTARY PROGRAM FOR DRUG-FREE WORKPLACES (§§ 11-14-101 — 11-14-112) › Section 11-14-104 - Testing for drugs or alcohol authorized - Conditions for testing - Effect of failure to comply

(a)
(1)
A covered employer may test a job applicant for alcohol or for any drug described in §
11-14-102
. Provided, for public employees such testing shall be limited to the extent permitted by the Arkansas Constitution and the United States Constitution. A covered employer may test an employee for any drug and at any time as set out in §
11-14-106
. An employee who is not in a safety-sensitive position may be tested for alcohol only when the test is based upon reasonable suspicion. An employee in a safety-sensitive position may be tested for alcohol use at any occasion described in §§
11-14-102
-
11-14-105
, inclusive.
(2)
In order to qualify as having established a drug-free workplace program that affords a covered employer the ability to qualify for the discounts provided under §
11-14-112
, all drug or alcohol testing conducted by covered employers shall be in conformity with the standards and procedures established in this chapter and all applicable rules adopted pursuant to this chapter. If a covered employer fails to maintain a drug-free workplace program in accordance with the standards and procedures established in this section and in applicable rules, the covered employers shall not be eligible for discounts under §
11-14-112
. All covered employers qualifying for and receiving discounts provided under §
11-14-112
must be reported annually by the insurer to the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission.
(b)
The director shall adopt a form pursuant to rule-making authority, which form shall be used by the employer to certify compliance with the provisions of this chapter. Substantial compliance in completing and filing the form with the director shall create a rebuttable presumption that the employer has established a drug-free workplace program and is entitled to the protection and benefit of this chapter. Prior to granting any premium credit to an employer pursuant to §
11-14-112
, all insurers shall obtain the form from the employer.
(c)
It is intended that any employer required to test its employees pursuant to the requirements of any federal statute or regulation shall be deemed to be in conformity with this section as to the employees it is required to test by those standards and procedures designated in that federal statute or regulation. All other employees of the employer shall be subject to testing as provided in this chapter in order for the employer to qualify as having a drug-free workplace program.
Acts 1999, No. 1552, § 4.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 14 - VOLUNTARY PROGRAM FOR DRUG-FREE WORKPLACES (§§ 11-14-101 — 11-14-112) › Section 11-14-107 - Testing subject to United States Department of Transportation procedures - Verification - Chain of custody procedures - Costs - Discrimination on grounds of voluntary treatment prohibited

(a)
All specimen collection and testing for drugs and alcohol under this chapter shall be performed in accordance with the procedures provided for by the United States Department of Transportation rules for workplace drug and alcohol testing compiled at 49 C.F.R., Part 40.
(b)
A covered employer may not discharge, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer.
(c)
A covered employer that performs drug testing or specimen collection shall use chain-of-custody procedures established by regulations of the United States Department of Transportation or such other recognized authority approved by rule by the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission governing drug testing.
(d)
A covered employer shall pay the cost of all drug and alcohol tests, initial and confirmation, that the covered employer requires of employees. An employee or job applicant shall pay the costs of any additional drug or alcohol tests not required by the covered employer.
(e)
A covered employer shall not discharge, discipline, or discriminate against an employee solely upon the employee's voluntarily seeking treatment while under the employ of the covered employer for a drug-related or alcohol-related problem if the employee has not previously tested positive for drug or alcohol use, entered an employee assistance program for drug-related or alcohol-related problems, or entered a drug or alcohol rehabilitation program. Unless otherwise provided by a collective bargaining agreement, a covered employer may select the employee assistance program or drug or alcohol rehabilitation program if the covered employer pays the cost of the employee's participation in the program. However, nothing in this chapter is intended to require any employer to permit or provide such a rehabilitation program.
(f)
If drug or alcohol testing is conducted based on reasonable suspicion, the covered employer shall promptly detail in writing the circumstances that formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request, and the original documentation shall be kept confidential by the covered employer pursuant to §
11-14-109
and shall be retained by the covered employer for at least one (1) year.
Acts 1999, No. 1552, § 7; 2005, No. 1962, § 21.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 14 - VOLUNTARY PROGRAM FOR DRUG-FREE WORKPLACES (§§ 11-14-101 — 11-14-112) › Section 11-14-109 - Confidentiality of records

(a)
All information, interviews, reports, statements, memoranda, and drug or alcohol test results, written or otherwise, received by the covered employer through a drug or alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings except in accordance with this section or in determining compensability under this chapter or the Workers' Compensation Law, §
11-9-101
et seq.
(b)
Covered employers, laboratories, medical review officers, employee assistance programs, drug or alcohol rehabilitation programs, and their agents who receive or have access to information concerning drug or alcohol test results shall keep all information confidential. Release of such information under any other circumstance is authorized solely pursuant to a written consent form signed voluntarily by the person tested, unless the release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal taken under this section relevant to a legal claim asserted by the employee or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. At a minimum, the consent form must contain:
(1)
The name of the person who is authorized to obtain the information;
(2)
The purpose of the disclosure;
(3)
The precise information to be disclosed;
(4)
The duration of the consent; and
(5)
The signature of the person authorizing release of the information.
(c)
Information on drug or alcohol test results for tests administered pursuant to this chapter shall not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this section is inadmissible as evidence in any such criminal proceeding.
(d)
This section does not prohibit a covered employer, agent of such employer, or laboratory conducting a drug or alcohol test from having access to employee drug or alcohol test information or using such information when consulting with legal counsel in connection with actions brought under or related to this section, or when the information is relevant to its defense in a civil or administrative matter. Neither is this section intended to prohibit disclosure among management as is reasonably necessary for making disciplinary decisions relating to violations of drug or alcohol standards of conduct adopted by an employer.
(e)
A person who discloses confidential medical records of an employee except as provided in this chapter shall be deemed guilty of a Class C misdemeanor.
Acts 1999, No. 1552, § 9; 2005, No. 1962, § 22.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 14 - VOLUNTARY PROGRAM FOR DRUG-FREE WORKPLACES (§§ 11-14-101 — 11-14-112) › Section 11-14-110 - Licensure of testing laboratory

(a)
A laboratory may not analyze initial or confirmation test specimens unless:
(1)
The laboratory is licensed and approved by the Department of Health, using criteria established by the United States Department of Health and Human Services as guidelines for modeling the state drug-free testing program pursuant to this section, or the laboratory is certified by the United States Department of Health and Human Services, the College of American Pathologists, or such other recognized authority approved by rule by the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission. The Department of Health may license and approve any new laboratory to analyze initial or confirmation test specimens under the provisions of this chapter and may charge a fee not to exceed two thousand dollars ($2,000) for the license and approval of the new laboratory; and
(2)
The laboratory complies with the procedures established by the United States Department of Transportation for a workplace drug test program or such other recognized authority approved by the director.
(3)
The fees set forth in this section shall be cash funds of the Department of Health and shall be deposited as provided in §
19-4-801
et seq.
(b)
Confirmation tests may be conducted only by a laboratory that meets the requirements of subsection (a) of this section and is certified by either the Substance Abuse and Mental Health Services Administration or the Forensic Urine Testing Accreditation Programs of the College of American Pathologists.
Acts 1999, No. 1552, § 10.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 14 - VOLUNTARY PROGRAM FOR DRUG-FREE WORKPLACES (§§ 11-14-101 — 11-14-112) › Section 11-14-111 - Rules and regulations

(a)
The Director of the Workers' Health and Safety Division of the Workers' Compensation Commission is authorized to adopt rules, using criteria established by the United States Department of Health and Human Services and the United States Department of Transportation as guidelines, for modeling the state drug and alcohol testing program, concerning, but not limited to:
(1)
Standards for licensing drug and alcohol testing laboratories and suspension and revocation of such licenses;
(2)
Body specimens and minimum specimen amounts that are appropriate for drug or alcohol testing;
(3)
Methods of analysis and procedures to ensure reliable drug or alcohol testing results, including the use of breathalyzers and standards for initial tests and confirmation tests;
(4)
Minimum cut-off detection levels for alcohol, each drug, or metabolites of such drug for the purposes of determining a positive test result;
(5)
Chain-of-custody procedures to ensure proper identification, labeling, and handling of specimens tested; and
(6)
Retention, storage, and transportation procedures to ensure reliable results on confirmation tests and retests.
(b)
The director is authorized to adopt relevant federal rules concerning drug and alcohol testing as a minimum standard for testing procedures and protections. All such rules shall be promulgated in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(c)
The director shall consider drug testing programs and laboratories operating as a part of the Forensic Urine Drug Testing Accreditation Programs of the College of American Pathologists in issuing guidelines or promulgating rules relative to recognized authorities in drug testing.
(d)
The director is authorized to set education program requirements for drug-free workplaces by rules promulgated in accordance with the requirements of the Arkansas Administrative Procedure Act, §
25-15-201
et seq. The requirements shall not be more stringent than the federal requirements for workplaces regulated by United States Department of Transportation rules.
Acts 1999, No. 1552, § 11.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 14 - VOLUNTARY PROGRAM FOR DRUG-FREE WORKPLACES (§§ 11-14-101 — 11-14-112) › Section 11-14-112 - Rating plans based on drug-free workplace program participation

The Insurance Commissioner shall approve rating plans for workers' compensation insurance that give specific identifiable consideration in the setting of rates to employers that implement a drug-free workplace program pursuant to rules adopted by the Workers' Health and Safety Division. The plans must take effect January 1, 2000, must be actuarially sound, and must state the savings anticipated to result from the drug testing. The credit shall be at least five percent (5%) unless the Insurance Commissioner determines that five percent (5%) is actuarially unsound. The Insurance Commissioner is also authorized to develop a schedule of premium credits for workers' compensation insurance for employers who have safety programs that attain certain criteria for safety programs. The Insurance Commissioner shall consult with the Director of the Division of Labor in setting such criteria.
Amended by Act 2019, No. 910,§ 5401, eff. 7/1/2019.
Acts 1999, No. 1552, § 12.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 15 - VOLUNTARY VETERANS' PREFERENCE EMPLOYMENT POLICY (§§ 11-15-101 — 11-15-105) › Section 11-15-101 - Title

This chapter shall be known and may be cited as the "Voluntary Veterans' Preference Employment Policy Act".
Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 15 - VOLUNTARY VETERANS' PREFERENCE EMPLOYMENT POLICY (§§ 11-15-101 — 11-15-105) › Section 11-15-102 - Definitions

As used in this section:
(1)
"DD 214" means a United States Department of Defense Report of Separation form or its predecessor or successor forms;
(2)
(A)
"Local government employer" means a municipality, a county, or township of the state that has issued a resolution to implement a veterans' preference employment policy under §
11-15-103
.
(B)
"Local government employer" does not include the state or a public institution of higher education;
(3)
(A)
"Private employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees.
(B)
"Private employer" does not include the state or a public institution of higher education;
(4)
"Spouse of a disabled veteran" means:
(A)
The spouse of a veteran who has been classified by the United States Department of Veterans Affairs' Veterans Benefits Administration as having a permanent total disability rating; and
(B)
A United States citizen;
(5)
"Surviving spouse" means a spouse of a deceased veteran who is:
(A)
Unmarried at the time he or she seeks a veterans' preference under §
11-15-103
; and
(B)
A United States citizen;
(6)
"Veteran" means a person who:
(A)
Served on active duty for a period of more than one hundred eighty (180) days and was discharged or released from active duty with other than a dishonorable discharge;
(B)
Was discharged or released from active duty because of a service-connected disability; or
(C)
As a member of a reserve component under an order to active duty, not to include training, was discharged or released from duty with other than a dishonorable discharge; and
(7)
"Veterans' preference employment policy" means a private employer or local government employer's voluntary preference for hiring, promoting, or retaining a veteran, spouse of a disabled veteran, or surviving spouse of a veteran over another equally qualified applicant or employee.
Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 15 - VOLUNTARY VETERANS' PREFERENCE EMPLOYMENT POLICY (§§ 11-15-101 — 11-15-105) › Section 11-15-103 - Voluntary veterans' preference employment policy - Private employment - Local government employment

(a)
(1)
A private employer or local government employer may have a voluntary veterans' preference employment policy.
(2)
The veterans' preference employment policy:
(A)
Shall be in writing;
(B)
Shall be applied uniformly to employment decisions regarding the hiring, promotion, or retention during a reduction in force; and
(C)
May be modeled after §
21-3-302(d)
-(g) and §
21-3-303
et seq.
(b)
A veteran, spouse of a disabled veteran, or surviving spouse of a veteran shall submit a DD 214 of the veteran to a private employer or local government employer with a veterans' preference employment policy to be eligible for the preference.
Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 15 - VOLUNTARY VETERANS' PREFERENCE EMPLOYMENT POLICY (§§ 11-15-101 — 11-15-105) › Section 11-15-104 - Registry - Participating employers

The Division of Workforce Services shall maintain a registry of private employers and local government employers in Arkansas that have a voluntary veterans' preference employment policy.
Amended by Act 2019, No. 910,§ 328, eff. 7/1/2019.
Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 15 - VOLUNTARY VETERANS' PREFERENCE EMPLOYMENT POLICY (§§ 11-15-101 — 11-15-105) › Section 11-15-105 - Verification of eligibility

The Department of Veterans Affairs and the Division of Workforce Services shall assist a private employer or a local government employer in determining if an applicant or employee is a veteran, spouse of a disabled veteran, or surviving spouse of a veteran.
Amended by Act 2019, No. 910,§ 6328, eff. 7/1/2019.
Added by Act 2013, No. 598,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-104) › Chapter 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-104) › Section 12-1-101 - Recidivism reporting - Definition

(a)
As used in this section, "recidivism" means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with or without a new sentence during a three-year period following the person's release from custody.
(b)
An entity that makes a recidivism report under this title shall use the definition of recidivism in this section for purposes of the recidivism report.
Added by Act 2013, No. 1030,§ 2, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-104) › Chapter 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-104) › Section 12-1-102 - Records to be posted on public website

(a)
Relevant research studies and reports concerning the following topics that are generated by the research divisions of the Division of Correction, the Division of Community Correction, and the Post-Prison Transfer Board or by third-party contractors on behalf of the Division of Correction, the Division of Community Correction, and the board, when applicable, shall be posted on the Division of Correction's, the Division of Community Correction's, or the board's website:
(1)
Population projections;
(2)
Recidivism; and
(3)
Evaluation of the cost-benefit of evidence-based practices of:
(A)
Adult prisons;
(B)
Community corrections facilities;
(C)
Probation:
(D)
Parole; and
(E)
Post-release supervision.
(b)
Data posted on the board's, the Division of Correction's, or the Division of Community Correction's websites under this section may be removed from the board's, the Division of Correction's, or the Division of Community Correction's websites after five (5) years.
Amended by Act 2023, No. 659,§ 57, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 699, eff. 7/1/2019.
Added by Act 2015, No. 1265,§ 2, eff. 4/8/2015.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-104) › Chapter 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-104) › Section 12-1-103 - Public Safety Equipment Grant Program

(a)
(1)
There is created within the Department of Public Safety the Public Safety Equipment Grant Program to be administered by the Secretary of the Department of Public Safety.
(2)
The secretary may hire personnel necessary to carry out the duties of administering the program.
(3)
(A)
The secretary shall establish a grant review committee to evaluate applications and to advise on the awarding of grants under the program.
(B)
The grant review committee shall consist of law enforcement officers and other interested persons as determined by the secretary.
(b)
(1)
In consultation with the grant review committee, the secretary shall award grants under the program to law enforcement agencies, detention centers, and corrections agencies for equipment that aids in improving trust and relationships between law enforcement agencies, detention centers, and corrections agencies and the communities that they serve.
(2)
Grants may be made for equipment, training, or accreditation including without limitation:
(A)
Body cameras with auto-activation capabilities;
(B)
In-car cameras with auto-activation capabilities;
(C)
Cloud-based storage services;
(D)
On-premises server hardware and storage to accomodate on-premises installations;
(E)
Conducted electrical devices and related training programs;
(F)
Virtual reality training;
(G)
Agency accreditation programs;
(H)
Bulletproof vests;
(I)
Pepper spray;
(J)
Rubber bullets; and
(K)
Other equipment as deemed necessary by the secretary.
(3)
As a condition for receiving a grant under this section, the secretary may require a law enforcement agency, detention center, or corrections agency to provide matching funds at a percentage to be determined by the secretary.
(4)
As a part of the grant application process and in consultation with the grant review committee, the secretary may:
(A)
Design procedures and criteria for awarding grants under this section;
(B)
Receive and review applications for grants under this section;
(C)
Prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section;
(D)
Audit and inspect the records of grant recipients; and
(E)
Require reports from grant recipients.
(c)
On or before October 1 of each year, the secretary shall submit a report to the Governor and the cochairs of the Legislative Council providing an account of the activities and expenditures of the program during the preceding calendar year.
Added by Act 2021, No. 786,§ 2, eff. 4/20/2021.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-104) › Chapter 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-104) › Section 12-1-104 - Bail reporting system

(a)
(1)
The Arkansas Crime Information Center shall administer a public portal for entry by a court of the information required to be reported under §
16-84-118
.
(2)
To facilitate the administration of the portal required under subdivision (a)(1) of this section, the Arkansas Crime Information Center may seek the assistance of the Division of Information Systems or enter into a contract for technical database and data processing services.
(b)
The public portal administered under subsection (a) of this section shall provide the following information concerning a defendant or arrestee:
(1)
The defendant's or arrestee's name and alias, if available;
(2)
The date of each arrest of the defendant or arrestee along with the following details:
(A)
The county of arrest;
(B)
Any corresponding case number, if available;
(C)
The specific charges;
(D)
Eligibility for bail and the amount of the initial bail;
(E)
The name of the judge and court, including without limitation judicial district and county, setting the initial bail;
(F)
The date and amount of any bail modification;
(G)
The name of the judge and court, including without limitation judicial district and county, modifying the bail set; and
(H)
The date of release on bond and type of bond posted; and
(3)
The date of each conviction of the defendant or arrestee and corresponding case number.
(c)
The information entered into the public portal administered under this section shall be disseminated:
(1)
In a manner that will allow the information to be organized by:
(A)
A defendant or arrestee;
(B)
A judicial district;
(C)
A county; and
(D)
A judge; and
(2)
Upon request to the:
(A)
Governor;
(B)
Speaker of the House of Representatives;
(C)
President Pro Tempore of the Senate;
(D)
Arkansas Legislative Audit; and
(E)
Attorney General.
Added by Act 2023, No. 659,§ 58, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 6 - GENERAL PROVISIONS (§§ 12-6-101 — 12-6-803) › Subchapter 3 - ENFORCEMENT OF MOTOR VEHICLE TRAFFIC LAWS (§§ 12-6-301 — 12-6-303) › Section 12-6-301 - Definitions

As used in this subchapter:
(1)
"Arrest quota" means any requirement regarding the number of arrests made, or the number of citations issued, by a law enforcement officer or the proportion of such arrests made and citations issued by a law enforcement officer relative to the arrests made and citations issued by another law enforcement officer or group of officers; and
(2)
"Citation" means a notice to appear, notice of violation, or notice of parking violation.
Acts 1995, No. 952, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 6 - GENERAL PROVISIONS (§§ 12-6-101 — 12-6-803) › Subchapter 3 - ENFORCEMENT OF MOTOR VEHICLE TRAFFIC LAWS (§§ 12-6-301 — 12-6-303) › Section 12-6-302 - Arrest quotas prohibited

No state or local agency employing law enforcement officers engaged in the enforcement of any motor vehicle traffic laws of this state or any local ordinance governing motor vehicle traffic may establish any policy requiring any law enforcement officer to meet an arrest quota, except as necessary to meet requirements under federal law or contracts with federal agencies.
Acts 1995, No. 952, § 2.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 6 - GENERAL PROVISIONS (§§ 12-6-101 — 12-6-803) › Subchapter 3 - ENFORCEMENT OF MOTOR VEHICLE TRAFFIC LAWS (§§ 12-6-301 — 12-6-303) › Section 12-6-303 - Use of number of arrests

(a)
No state or local agency employing law enforcement officers engaged in the enforcement of any motor vehicle traffic laws may use the number of arrests or citations issued by a law enforcement officer as the sole criterion for promotion, demotion, or dismissal, or the earning of any benefit provided by the agency.
(b)
Any such arrests or citations and their ultimate dispositions may only be considered in evaluating the overall performance of a law enforcement officer.
Acts 1995, No. 952, § 3.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 6 - GENERAL PROVISIONS (§§ 12-6-101 — 12-6-803) › Subchapter 4 - PATROL VEHICLES (§§ 12-6-401 — 12-6-402) › Section 12-6-401 - Smoking in patrol vehicles prohibited

Each county sheriff's office and police department of a municipality may designate a proportionate number of its patrol vehicles as "nonsmoking" vehicles and shall not allow smoking of tobacco products in those vehicles.
Acts 2001, No. 1392, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 6 - GENERAL PROVISIONS (§§ 12-6-101 — 12-6-803) › Subchapter 4 - PATROL VEHICLES (§§ 12-6-401 — 12-6-402) › Section 12-6-402 - Civilian passengers

Each law enforcement agency of the state shall establish a policy prohibiting civilian passengers in patrol vehicles unless specific written approval is given for each civilian passenger by the chief law enforcement officer or his or her designee.
Added by Act 2013, No. 1183,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 6 - GENERAL PROVISIONS (§§ 12-6-101 — 12-6-803) › Subchapter 5 - STATE LAW ENFORCEMENT AGENCIES (§ 12-6-501) › Section 12-6-501 - Award of flags - Definitions

(a)
As used in this section:
(1)
"In the course of employment" means at any time when a law enforcement officer is on duty as a law enforcement officer or is performing an act ordinarily performed by a law enforcement officer although the law enforcement officer is not actually on duty at the time;
(2)
"Law enforcement officer" means a public servant employed by a state law enforcement agency and vested by law with a duty to maintain order or to make arrests for offenses; and
(3)
"State law enforcement agency" means a state agency that is responsible for enforcing the criminal laws, traffic laws, highway laws, or game and fish laws of this state.
(b)
(1)
A state law enforcement agency may award one (1) United States flag to the family of a law enforcement officer who lost his or her life in the course of employment with the state law enforcement agency.
(2)
As used in this subsection, "family" means "family" as defined in the rules or procedures of the state law enforcement agency.
Added by Act 2015, No. 100,§ 1, eff. 2/18/2015.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 6 - GENERAL PROVISIONS (§§ 12-6-101 — 12-6-803) › Subchapter 6 - LOCAL CRIMINAL JUSTICE COORDINATING COMMITTEES (§ 12-6-601) › Section 12-6-601 - Local criminal justice coordinating committees

(a)
The General Assembly finds that the investment of state or federal funding for the operation of a crisis stabilization unit under the Behavioral Health Crisis Intervention Protocol Act of 2017, §
20-47-801
et seq., necessitates efficient expenditure of the state or federal funds.
(b)
The General Assembly encourages the establishment of local criminal justice coordinating committees composed of local judges, local corrections officials, the prosecuting attorney, law enforcement officials, county officials, medical professionals, and mental health professionals.
(c)
A local criminal justice coordinating committee may be created under this section and shall:
(1)
Periodically review data and records of local and regional detention facilities collected under §
12-12-219
and data concerning a local crisis intervention team and crisis stabilization unit, when applicable;
(2)
Assist in the access and transfer of data described under subdivision (c)(1) of this section; and
(3)
Recommend protocols for the efficient and effective use of local criminal justice resources, and a crisis intervention team or crisis stabilization unit, when applicable.
Added by Act 2017, No. 423,§ 6, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 6 - GENERAL PROVISIONS (§§ 12-6-101 — 12-6-803) › Subchapter 7 - LAW ENFORCEMENT AGENCIES IN GENERAL (§§ 12-6-701 — 12-6-702) › Section 12-6-702 - Critical incident debriefing - Definition

(a)
As used in this section, "critical incident" means an event that has a stressful impact sufficient to overwhelm a person's usually effective coping skills, including an event that falls outside the range of ordinary human experience.
(b)
A law enforcement agency shall adopt a policy that:
(1)
May require a law enforcement officer who has been involved in a critical incident to participate in a debriefing by a mental health professional or a certified peer support member as defined under §
16-40-106
; and
(2)
Shall require the law enforcement agency to assist a law enforcement officer who has been involved in a critical incident in obtaining additional services that may assist the law enforcement officer in recovering from psychological effects resulting from the critical incident.
Added by Act 2021, No. 747,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 6 - GENERAL PROVISIONS (§§ 12-6-101 — 12-6-803) › Subchapter 8 - VIOLENT CRIME CLEARANCE GRANTS (§§ 12-6-801 — 12-6-803) › Section 12-6-801 - Legislative findings

The General Assembly finds that:
(1)
In 2021, there was a clearance rate of thirty-nine percent (39%) for violent crimes reported in Arkansas, which means there were no arrests for sixty-one percent (61%) of reported violent crimes;
(2)
Low clearance rates undermine law enforcement efforts to hold perpetrators accountable, to disrupt cycles of violence, and to provide justice to victims;
(3)
Research shows that enhanced investigative resources, improved management structures, and oversight processes can increase clearance rates and improve the chances that perpetrators are apprehended in even the most difficult cases to clear; and
(4)
Law enforcement agencies need additional resources and support to strengthen investigations, apply community problem-solving approaches to violent-crime hot spots, and implement programs that blend law enforcement, social services, and community mobilization strategies.
Added by Act 2023, No. 775,§ 1, eff. 4/12/2023.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 6 - GENERAL PROVISIONS (§§ 12-6-101 — 12-6-803) › Subchapter 8 - VIOLENT CRIME CLEARANCE GRANTS (§§ 12-6-801 — 12-6-803) › Section 12-6-802 - Grant funding

(a)
(1)
The Secretary of the Department of Public Safety, in consultation with the Arkansas Commission on Law Enforcement Standards and Training, shall develop grant applications to be used under this subchapter.
(2)
The secretary shall consult with local law enforcement agencies when determining grant eligibility requirements and criteria under this subchapter.
(b)
Grant awards under this subchapter:
(1)
Shall be premised upon identifying and encouraging the adoption of law enforcement strategies that research demonstrates can reduce different types of violent crime, as determined by the Department of Public Safety, and improve violent crime clearance rates;
(2)
Shall target new initiatives and strategies to combat violent crime as proposed by local law enforcement agencies;
(3)
May be used to provide the following for law enforcement agencies:
(A)
Improved investigatory resources;
(B)
Technical assistance;
(C)
Law enforcement training;
(D)
Law enforcement equipment;
(E)
Contractual support; and
(F)
Information systems for criminal justice purposes; and
(4)
May be used to increase direct services to victims of violent crime through:
(A)
The provision and retention of victim-witness coordinators;
(B)
Enhanced accessibility to services;
(C)
Increased awareness of victimization; and
(D)
Partnership with local community providers to improve support and services to victims of violent crime.
(c)
The secretary shall give preference to applicants that demonstrate a commitment to regional, multijurisdictional strategies to address community safety issues and to work with community-based organizations and government agencies to address violent criminal activity and improve violent crime clearance rates.
(d)
The department shall administer all grant awards and expenditures under this subchapter under applicable state and federal law.
(e)
The secretary and the department shall only be obligated to comply with this section in years in which the Violent Crime Clearance Grant Fund, §
19-5-1282
, receives at least one million dollars ($1,000,000) in funding.
Added by Act 2023, No. 775,§ 1, eff. 4/12/2023.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 6 - GENERAL PROVISIONS (§§ 12-6-101 — 12-6-803) › Subchapter 8 - VIOLENT CRIME CLEARANCE GRANTS (§§ 12-6-801 — 12-6-803) › Section 12-6-803 - Additional duties

(a)
The Department of Public Safety is encouraged to:
(1)
Analyze crime and arrest data to determine violent crime clearance rates, identify which law enforcement agencies face the biggest challenges in combating violent crime, and conduct qualitative research to assess the capacity of law enforcement agencies to investigate and solve violent crimes;
(2)
Provide technical assistance to law enforcement agencies to share best practices for improving violent crime clearance rates based on the analysis and research obtained under subdivision (a)(1) of this section; and
(3)
Periodically convene agencies, practitioners, and experts to share resources, research, and advice about implementing evidence-based practices that have been proven to reduce violent crime and improve investigations of violent crime.
(b)
In order to carry out the duties of administering this subchapter, the Secretary of the Department of Public Safety may:
(1)
Hire personnel as necessary;
(2)
Enter into a contract for necessary services; and
(3)
Spend up to five percent (5%) of funds in the Violent Crime Clearance Grant Fund, §
19-5-1282
, on the necessary costs of administering this subchapter, including without limitation the costs described in this section.
Added by Act 2023, No. 775,§ 1, eff. 4/12/2023.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 8 - DEPARTMENT OF ARKANSAS STATE POLICE (§§ 12-8-101 — 12-8-608) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-8-101 — 12-8-129) › Section 12-8-101 - Division of Arkansas State Police created

(a)
There is created the Division of Arkansas State Police for the purposes of enforcing the motor vehicle laws, traffic laws, and other state laws relating to protecting and properly maintaining the state highway system of the State of Arkansas and to render more effective the apprehension of criminals and the enforcement of criminal law.
(b)
The police officers provided for in this chapter shall be known as "Arkansas State Police".
Amended by Act 2019, No. 910,§ 5757, eff. 7/1/2019.
Acts 1945, No. 231, § 1; A.S.A. 1947, § 42-401.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 8 - DEPARTMENT OF ARKANSAS STATE POLICE (§§ 12-8-101 — 12-8-608) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-8-101 — 12-8-129) › Section 12-8-102 - Commission created - Members - Meetings - Elective office

(a)
The Arkansas State Police Commission is created and established.
(b)
(1)
The commission shall be composed of seven (7) members to be appointed by the Governor for terms of seven (7) years, by and with the advice and consent of the Senate.
(2)
(A)
Four (4) members shall be appointed from each of the four (4) congressional districts and three (3) shall be appointed from the state at large.
(B)
However, no more than two (2) members shall be appointed from any congressional district.
(c)
(1)
When vacancies occur in the commission, the Governor may temporarily fill the position consistent with subsection (b) of this section.
(2)
All appointments made at any time other than on the day following the expiration of a term shall be for the unexpired portion of the term.
(d)
The commission shall meet and organize, electing one (1) member as chair and one (1) member as secretary.
(e)
The chair shall have the power to convene the commission at such time as he or she may deem proper after due notice thereof to all the members of the commission.
(f)
The commission is directed to hold a minimum of one (1) meeting per month.
(g)
Except for those absences due to illness of the commissioner, failure of any commissioner to attend three (3) consecutive meetings shall constitute cause for removal from office by the Governor.
(h)
(1)
A majority of the members of the commission shall constitute a quorum to transact any business properly brought before it and not inconsistent with the provisions of this chapter.
(2)
A quorum may do and perform other duties as are prescribed in this chapter or that may be necessary for the proper enforcement of this chapter.
(i)
Members of the commission may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
(j)
(1)
No member of the commission shall be eligible to hold or run for any elective office, either state or county, during the time he or she shall serve as a member of the commission.
(2)
Any violation of subdivision (j)(1) of this section shall constitute cause for removal by the Governor.
Amended by Act 2023, No. 794,§ 13, eff. 4/12/2023.
Amended by Act 2017, No. 250,§ 1, eff. 8/1/2017.
Acts 1945, No. 231, §§ 2, 3; 1949, No. 157, § 1; 1953, No. 74, § 1; 1969, No. 394, § 1; 1975 (Extended Sess., 1976), No. 1035, § 1; 1981, No. 540, § 9; A.S.A. 1947, §§ 6-616, 42-402, 42-403, 42-403.1; reen. Acts 1987, No. 862, § 1; 1991, No. 1099, § 12; 1991, No. 1223, § 1; 1997, No. 250, § 64; 1999, No. 149, § 1.