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 2 - CRIMINAL JUSTICE CENTERS (§§ 12-41-201 — 12-41-210) › Section 12-41-202 - Authority to contract - Prerequisites

(a)
A county in this state and a municipality in that county, both located on the state line, may contract with an adjoining county and any municipality in that county located on the other side of the state line for the joint construction, financing, operation, and management of a justice center to be located on the state line.
(b)
A county and a municipality in this state may contract with a county and a municipality in an adjoining state as provided by subsection (a) of this section and §
12-41-204
only if the other state enacts legislation relating to the establishment of a justice center pursuant to a contract as provided in those sections that:
(1)
Provides for joint responsibility of the county sheriffs of the two (2) counties over the operation of a jail, lockup, or other detention facility in the center and persons in custody in the facility or for the hiring of a jailer with those responsibilities;
(2)
Provides for the application and enforcement of the law of both states in the manner provided by §
12-41-206
;
(3)
Provides that a person in custody in the center under Arkansas law may be prosecuted for an offense against Arkansas law without extradition of that person, as provided by §
12-41-208
;
(4)
Provides that a person in custody in the center under Arkansas law may not be prosecuted for an offense against the law of the other state without extradition of that person or personally served with process in the center for a proceeding in the other state;
(5)
Provides that a person summoned to appear in the center under Arkansas law may not be personally served with process in any part of the center for a proceeding in the other state and may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense without extradition of the person if the person is physically present in any part of the center or in Arkansas at the time of the prosecution, as provided by §
12-41-209
;
(6)
Provides that a person summoned to appear in the center under Arkansas law may not be arrested in any part of the center for an offense against the law of the other state;
(7)
Provides that center personnel or a peace officer of either state may transfer across the state line in the center a person in custody in the center under the law of either state and may exercise control over that person on both sides of the state line in the center, as provided by §
12-41-208
;
(8)
Provides that a person in the center who is not confined in the center, taken to the center under arrest, or summoned to appear in the center, may be arrested in any part of the center for an offense against the laws of either state without extradition of that person, and that extradition of a person who was arrested in the center under those circumstances is not required in order for the person to be prosecuted for an offense against the law of either state if the person is physically present in any part of the center or the state of the prosecution at the time of the prosecution, as provided by §
12-41-208
;
(9)
Authorizes a peace officer of either state, under Arkansas law, to arrest a person in any part of the center for an offense against Arkansas law if a peace officer of Arkansas would be authorized to make that arrest in the part of the center in Arkansas as provided by §
12-41-210
; and
(10)
Authorizes a peace officer of either state, under the law of the other state, to arrest a person in any part of the center for an offense against the law of the other state if a peace officer of the other state would be authorized to make that arrest in the part of the center in the other state, as provided by §
12-41-210
.
Acts 1981, No. 696, §§ 2, 9; A.S.A. 1947, §§ 46-1602, 46-1609.