reglab/statecodes huggingface dataset:
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 30 - STATE INMATE INDUSTRIES AND LABOR (§§ 12-30-101 — 12-30-503) › Subchapter 4 - WORK-STUDY RELEASE (§§ 12-30-401 — 12-30-408) › Section 12-30-406 - Allocation of earnings - Inmate's funds

(a)
Under any work-release program, earnings by the inmate shall be paid directly to the Division of Correction and applied as follows:
(1)
The division shall retain an amount to be established by the Director of the Division of Correction which will reasonably compensate the division for the cost of feeding, housing, and supervising the inmate;
(2)
The division shall determine if the inmate has persons dependent upon him or her for their support and may remit to such persons that portion of the earnings which the director considers reasonable;
(3)
(A)
The division shall determine if the inmate has created victims of his or her criminal conduct who are entitled to restitution or reparations for physical injury or loss of or damage to property and may remit to the victim that portion of the earnings which the director considers reasonable.
(B)
However, in no case shall the portion of the earnings remitted for restitution be in excess of twenty-five percent (25%) of the inmate's income remaining after deduction for the cost of care, custody, and family support provided for in subdivisions (a)(1) and (2) of this section.
(C)
The names and addresses of victims and the amount of restitution to be paid shall be provided to the director by certificate of the trial court in which the inmate was convicted; and
(4)
The balance shall be deposited to the account of the inmate.
(b)
Inmates may be required to contribute to the support of their dependents who may be receiving public assistance during the period of their commitment if funds credited to them are adequate for that purpose provided that all inmates participating in the work-study release programs shall continue to be housed at a division institution.
(c)
The division shall promulgate rules governing the possession of or use of money by inmates and may prohibit the possession of money by inmates and may establish a system for the custody of all funds belonging to inmates, for the balance of such fund period.
Amended by Act 2019, No. 315,§ 913, eff. 7/24/2019.
Acts 1968 (1st Ex. Sess.), No. 50, § 9; 1971, No. 465, § 1; 1977, No. 482, § 5; 1981, No. 58, § 2; 1983, No. 309, § 1; 1983, No. 440, § 1; 1983, No. 814, § 1; A.S.A. 1947, § 46-117.
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 30 - STATE INMATE INDUSTRIES AND LABOR (§§ 12-30-101 — 12-30-503) › Subchapter 5 - PRIVATIZED PRISON-MADE GOODS (§§ 12-30-501 — 12-30-503) › Section 12-30-501 - Private sector prison industry enhancement programs

(a)
The Board of Corrections may contract with any private individual, corporation, partnership, or association whereby inmates would assemble, process, fabricate, or repair parts or components for goods or products being manufactured or produced by the private individual or entity.
(b)
All contracts executed under this section must comply with federal law and must not result in any significant displacement of employed workers in the private sector.
Acts 1995, No. 106, § 1.
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 30 - STATE INMATE INDUSTRIES AND LABOR (§§ 12-30-101 — 12-30-503) › Subchapter 5 - PRIVATIZED PRISON-MADE GOODS (§§ 12-30-501 — 12-30-503) › Section 12-30-502 - Transportation and sale of goods

(a)
Goods produced in whole or in part by inmates of the Division of Correction or the Division of Community Correction participating in private sector prison industry enhancement programs may be transported and sold in the same manner as goods produced by free persons, provided that the inmates participating in the private sector prison industry enhancement programs are paid at least the minimum wage prescribed by state law.
(b)
The minimum wage requirement does not apply to hobby and craft items produced by the inmates on their own time and with their own resources or to inmates working in any other prison industries program.
Amended by Act 2019, No. 910,§ 836, eff. 7/1/2019.
Amended by Act 2015, No. 144,§ 1, eff. 7/22/2015.
Acts 1995, No. 106, § 1.
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 30 - STATE INMATE INDUSTRIES AND LABOR (§§ 12-30-101 — 12-30-503) › Subchapter 5 - PRIVATIZED PRISON-MADE GOODS (§§ 12-30-501 — 12-30-503) › Section 12-30-503 - Purpose of wages set aside - Rules of director

(a)
An inmate of the Department of Correction or Department of Community Correction who is earning at least minimum wage and is employed under §§
12-30-501
and
12-30-502
shall have his or her wages set aside in a separate wage fund by the warden or supervisor of the facility in which the inmate is incarcerated.
(b)
The Director of the Department of Correction and the Director of the Department of Community Correction shall promulgate rules that:
(1)
Protect the inmate's rights to due process;
(2)
Provide for hearings as necessary before the Crime Victims Reparations Board; and
(3)
Govern the disposition of an inmate's gross monthly wage, minus required payroll deductions and payment of necessary work-related incidental expenses, for the following purposes:
(A)
To support the family and dependent relatives of the inmate;
(B)
To discharge any legal obligations, including judgments for restitution;
(C)
To pay all or a part of the cost of the inmate's board, room, clothing, medical, dental, and other correctional services;
(D)
To provide for funds payable to the inmate upon his or her release;
(E)
To reimburse the state for the actual value of state property intentionally or willfully and wantonly destroyed by the inmate during his or her incarceration;
(F)
To reimburse the state for reasonable costs incurred in returning the inmate to the facility to which he or she was incarcerated in the event of escape; and
(G)
To deposit an appropriate amount into the Crime Victims Reparations Revolving Fund.
Amended by Act 2015, No. 144,§ 2, eff. 7/22/2015.
Acts 1995, No. 106, § 1.
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 32 - TREATMENT OF FEMALE INMATES OR DETAINEES (§§ 12-32-101 — 12-32-105) › Section 12-32-101 - Definitions

As used in this chapter:
(1)
"Correctional or detention facility" means:
(A)
A local or state correctional facility or detention facility that has the power to detain or restrain a person under the laws of the state, including a city jail, county jail, or facility operated by the Division of Correction or the Division of Community Correction; or
(B)
A post-incarceration residential reentry facility designed to house a person on parole;
(2)
"Detainee" includes a person detained under the immigration laws of the United States;
(3)
"Inmate" means any person incarcerated in a correctional or detention facility for any reason;
(4)
"Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix;
(5)
"Post-partum" means the eight-week period following delivery of a child, unless a longer period is determined to be necessary by the healthcare professional responsible for the health and safety of the inmate or detainee; and
(6)
(A)
"Restraints" means a physical restraint or mechanical device used to control the movement of an inmate's or detainee's body or limbs, including without limitation:
(i)
Flex cuffs;
(ii)
Soft restraints;
(iii)
Hard metal handcuffs;
(iv)
A black box;
(v)
Chubb cuffs;
(vi)
Leg irons;
(vii)
Belly chains;
(viii)
A security tether or chain;
(ix)
A convex shield; and
(x)
Restraints connecting more than one (1) inmate or detainee.
(B)
"Restraints" does not include a door to a room.
Amended by Act 2023, No. 659,§ 114, eff. 1/1/2024.
Added by Act 2019, No. 566,§ 1, eff. 7/24/2019.
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 32 - TREATMENT OF FEMALE INMATES OR DETAINEES (§§ 12-32-101 — 12-32-105) › Section 12-32-103 - Necessary female prenatal nutrition and hygiene products required

(a)
A correctional or detention facility shall establish a policy for providing:
(1)
Necessary prenatal vitamins and nutrition for pregnant inmates and detainees;
(2)
A necessary number of hygiene products for female inmates and detainees;
(3)
A necessary number of undergarments for female inmates and detainees;
(4)
A lower bunk for a pregnant inmate or detainee; and
(5)
Unless otherwise provided for by the correctional or detention facility, access for a pregnant inmate or detainee to nonprofit educational programming, such as prenatal care, pregnancy-specific hygiene, and parenting classes.
(b)
A policy under this section may be approved annually by the Charitable, Penal and Correctional Institutions Subcommittee of the Legislative Council.
Added by Act 2019, No. 566,§ 1, eff. 7/24/2019.
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 32 - TREATMENT OF FEMALE INMATES OR DETAINEES (§§ 12-32-101 — 12-32-105) › Section 12-32-104 - Restrictive housing prohibited - Definition

(a)
As used in this section, "restrictive housing" means a housing placement that requires an inmate or detainee to be confined in a cell for at least twenty-two (22) hours per day.
(b)
An inmate or detainee in a correctional or detention facility shall not be placed in restrictive housing for thirty (30) or more days if the inmate or detainee:
(1)
Is pregnant;
(2)
Has delivered a child within the previous thirty (30) days and is not currently breastfeeding;
(3)
Is breastfeeding; or
(4)
Is under a physician's care for postpartum depression or other medically verifiable postpartum condition.
(c)
A pregnant inmate or detainee may not be placed in restrictive housing for any length of time unless the correctional or detention facility determines that the pregnant inmate's or detainee's continued presence in the general population of the correctional or detention facility poses:
(1)
A direct threat to:
(A)
The safety of a person; or
(B)
An unborn child or children; or
(2)
A clear threat to the safe and secure operations of the correctional or detention facility.
(d)
(1)
A housing assignment for a pregnant inmate or detainee shall be made in conjunction with a licensed medical provider responsible for providing medical care for the pregnant inmate or detainee.
(2)
A housing assignment under subdivision (d)(1) of this section shall be reviewed by the correctional or detention facility and the licensed medical provider responsible for providing medical care for the pregnant inmate or detainee every five (5) days if the pregnant inmate or detainee has been placed in restrictive housing for up to thirty (30) days as authorized under subsection (b) of this section.
(e)
This section does not apply if:
(1)
The inmate or detainee has engaged in an act of violence while incarcerated or detained that either resulted in or was likely to result in serious physical injury or death to another person; or
(2)
There is reasonable cause to believe that the use of restrictive housing is necessary to reduce a substantial risk of imminent serious physical injury or death to another person, as evidenced by the inmate's or detainee's recent conduct while incarcerated or detained.
Added by Act 2021, No. 422,§ 2, 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 3 - CORRECTIONAL FACILITIES AND PROGRAMS (§§ 12-25-101 — 12-51-901) › Chapter 32 - TREATMENT OF FEMALE INMATES OR DETAINEES (§§ 12-32-101 — 12-32-105) › Section 12-32-105 - Mammograms and physician consultation

(a)
A correctional or detention facility operated or administered by the Department of Corrections shall establish a policy to offer a female inmate or detainee who is:
(1)
Fifty (50) years of age or older but younger than seventy-five (75) years of age a mammogram screening every two (2) years; and
(2)
Forty (40) years of age or older but younger than fifty (50) years of age a consultation with a physician to seek professional care as to when to receive a mammogram.
(b)
A mammogram or consultation with a physician under this section shall be at no cost to the female inmate or detainee.
Added by Act 2021, No. 1107,§ 2, 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 3 - CORRECTIONAL FACILITIES AND PROGRAMS (§§ 12-25-101 — 12-51-901) › Chapter 41 - LOCAL CORRECTIONAL FACILITIES (§§ 12-41-101 — 12-41-810) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-41-101 — 12-41-110) › Section 12-41-101 - Good time allowance

(a)
An inmate committed by any court in Arkansas to a county jail or city jail in the State of Arkansas may be entitled to a reduction, to be known as "meritorious good time", from his or her maximum term of his or her sentence to be served in the county jail or city jail.
(b)
(1)
Meritorious good time shall be awarded under the rules and regulations promulgated by the county sheriff or chief of police and approved by the county quorum court of the various counties or the city legislative body of the various cities.
(2)
Meritorious good time shall be administered by the county sheriff or chief of police, subject to this subchapter, for good discipline, good behavior, work practices, and job responsibilities within the county jail or city jail.
Amended by Act 2015, No. 738,§ 1, eff. 7/22/2015.
Acts 1979, No. 639, §§ 1, 2; A.S.A. 1947, §§ 46-424, 46-425.
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 1 - GENERAL PROVISIONS (§§ 12-41-101 — 12-41-110) › Section 12-41-102 - Good time - Classification of inmates

(a)
There is established a classification committee consisting of such persons as the county sheriff or chief of police may designate.
(b)
The committee shall meet as often as necessary to classify the inmates of the county jail or city jail into one (1) of three (3) classes according to behavior, good discipline, and job responsibility.
(c)
(1)
Inmates in Class I shall be allowed to earn a one-day reduction for each day served.
(2)
Inmates in Class II shall be allowed to earn a ten-days' reduction for each month served.
(3)
Inmates in Class III shall not be entitled to earn meritorious good time.
(d)
Inmates of the county jail or city jail may be reclassified as often as the committee deems necessary to carry out the purposes of this subchapter and to maintain good discipline and efficiency at the county or city jail.
Amended by Act 2015, No. 738,§ 2, eff. 7/22/2015.
Acts 1979, No. 639, § 4; A.S.A. 1947, § 46-427.
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 1 - GENERAL PROVISIONS (§§ 12-41-101 — 12-41-110) › Section 12-41-103 - Good time - Forfeiture and restoration

(a)
All meritorious good time shall be forfeited by the inmate in the event of escape, and all or part of the accrued meritorious good time may be taken away by the county sheriff or chief of police for infraction of rules.
(b)
However, in the event of escape, the county sheriff or chief of police may restore all or part of any accrued meritorious good time if the escapee returns to the institution voluntarily, without expense to the county or city, and without any act of violence while a fugitive from the institution.
(c)
In other instances, the county sheriff or chief of police may restore lost meritorious good time according to rules approved by the county quorum court or city legislative body.
Acts 1979, No. 639, § 3; A.S.A. 1947, § 46-426.
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 1 - GENERAL PROVISIONS (§§ 12-41-101 — 12-41-110) › Section 12-41-104 - Emergency furloughs

Under rules prescribed by the county sheriff or chief of police, and approved by the county quorum court or city legislative body, the county sheriff or chief of police may authorize emergency furloughs, under reasonable conditions, for inmates for occasions such as serious illness or death of a member of the inmate's family or other proper emergency.
Acts 1979, No. 639, § 5; A.S.A. 1947, § 46-428.
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 1 - GENERAL PROVISIONS (§§ 12-41-101 — 12-41-110) › Section 12-41-106 - Medicaid eligibility of an inmate in a local correctional facility

(a)
If an inmate in a local correctional facility receives medical services that meet criteria for Medicaid coverage, the local correctional facility may apply for Medicaid coverage under this section.
(b)
(1)
The inmate may designate a representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility.
(2)
However, the local correctional facility having custody of the inmate shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if:
(A)
The inmate does not designate a representative within three (3) business days after request; or
(B)
The representative designated under subdivision (b)(1) of this section does not file a Medicaid application within three (3) business days after appointment and request.
(c)
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.
(d)
(1)
The county sheriff or the keeper of the jail or his or her designee may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate.
(2)
Access under subdivision (d)(1) of this section shall be to:
(A)
Establish Medicaid eligibility;
(B)
Provide healthcare services; or
(C)
Pay for healthcare services.
(e)
To the extent feasible, the Department of Human Services shall allow an online application for Medicaid coverage and benefits to be submitted up to forty-five (45) days prior to the release of an inmate or offender who is in the custody of the Department of Correction or the Department of Community Correction and who was not previously qualified or previously qualified and subsequently suspended.
Amended by Act 2015, No. 895,§ 13, eff. 9/1/2015.
Added by Act 2013, No. 1117,§ 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 3 - CORRECTIONAL FACILITIES AND PROGRAMS (§§ 12-25-101 — 12-51-901) › Chapter 41 - LOCAL CORRECTIONAL FACILITIES (§§ 12-41-101 — 12-41-810) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-41-101 — 12-41-110) › Section 12-41-107 - Medical services billing to a local correctional facility - Definitions

(a)
As used in this section:
(1)
"Healthcare professional" means an individual or entity that is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession or as a function of an entity's administration of the practice of medicine;
(2)
"Local correctional facility" means a county jail, a city jail, regional jail, criminal justice center, or county house of correction that is not operated by the Division of Correction, the Division of Community Correction, or a federal correctional agency; and
(3)
"Medicaid reimbursement rate" means the prevailing cost paid by the Arkansas Medicaid Program for a particular medical service or treatment established by the Division of Medical Services in the Arkansas Medicaid Program fee schedules for a particular medical service, treatment, or medical code.
(b)
A healthcare professional that provides medical service or treatment to a local correctional facility under this chapter for the benefit of an inmate housed in a local correctional facility for which the local correctional facility is responsible for payment shall not charge the local correctional facility more than the Medicaid reimbursement rate for the same or similar medical service or treatment.
Amended by Act 2019, No. 910,§ 838, eff. 7/1/2019.
Added by Act 2015, No. 895,§ 14, eff. 4/1/2015.
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 1 - GENERAL PROVISIONS (§§ 12-41-101 — 12-41-110) › Section 12-41-108 - Behavioral health and risk screening tool - Database entry

A local correctional facility is encouraged to:
(1)
Adopt independently, or in collaboration with other local correctional facilities or nongovernmental law enforcement entities, a screening tool designed to screen inmates or other detainees for a behavioral health impairment, substance abuse issues, and criminogenic risk; and
(2)
Utilize the database maintained by the Arkansas Crime Information Center under §
12-12-219
concerning entry of data and information collected from inmates at a local correctional facility.
Added by Act 2017, No. 423,§ 12, 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 3 - CORRECTIONAL FACILITIES AND PROGRAMS (§§ 12-25-101 — 12-51-901) › Chapter 41 - LOCAL CORRECTIONAL FACILITIES (§§ 12-41-101 — 12-41-810) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-41-101 — 12-41-110) › Section 12-41-109 - Use of federal relief or stimulus funds to pay outstanding court obligations

Unless prohibited by federal law, a person who is in the custody of a local or regional correctional facility for an offense committed in the state who receives any federal relief or stimulus funds from the United States Government is required to first use the federal relief or stimulus funds to pay off existing court fines, fees, costs, or restitution before he or she may use the federal relief or stimulus funds for any other purpose.
Added by Act 2021, No. 1110,§ 2, eff. 5/3/2021.
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 1 - GENERAL PROVISIONS (§§ 12-41-101 — 12-41-110) › Section 12-41-110 - Cost report for state inmates housed in local facilities

(a)
(1)
The Association of Arkansas Counties shall compile and submit an annual report to the Legislative Council outlining all costs incurred, excluding construction costs, by local government units that house state inmates sentenced to the Division of Correction and the Division of Community Correction.
(2)
The annual report under subdivision (a)(1) of this section shall be a representative sample of all counties housing state inmates and shall be submitted no later than July 1 of the calendar year immediately following the reporting year.
(b)
The association in coordination with Arkansas Legislative Audit shall determine which counties shall be included in the sample and shall include a sufficient number of counties based upon varying population sizes and representing each congressional district to ensure a fair representation of costs incurred.
(c)
(1)
Guidelines for preparing the annual report under subdivision (a)(1) of this section shall be developed by Arkansas Legislative Audit in coordination with the association.
(2)
Arkansas Legislative Audit shall test the accuracy of the information submitted in the routine audit of an applicable county.
Added by Act 2023, No. 890,§ 36, eff. 7/1/2023.
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 12-41-201 - Definitions

As used in this subchapter:
(1)
"Law" means a statute of a state, a written opinion of a court of record, a municipal ordinance, a county quorum court ordinance, or a rule authorized by and lawfully adopted pursuant to a statute; and
(2)
"Municipality" means an incorporated city or town.
Acts 1981, No. 696, § 1; A.S.A. 1947, § 46-1601.
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 12-41-203 - Terms of contract

(a)
The contract must provide that the county sheriffs of the two (2) counties are jointly responsible for operation of any jail, lockup, or other detention facility in the justice center and the custody, care, and treatment of persons in custody in the facility or must provide for the hiring of a jailer with those responsibilities.
(b)
The contracting parties may specify in the contract the manner of determining the persons responsible for:
(1)
The operation, alteration, maintenance, cleaning, and repair of the facilities;
(2)
The employment of center personnel;
(3)
The purchase of materials, supplies, tools, and other equipment to be jointly used by offices provided or used by the contracting parties;
(4)
The preparing of reports to the governing bodies of the contracting parties;
(5)
Joint recordkeeping, communications, or dispatch systems; and
(6)
The performance of any other powers or duties relating to operation of the center.
(c)
A county and municipality in this state may contract for the center to contain:
(1)
Courtrooms and office space needed by county, district, and appellate courts;
(2)
Jail, lockup, and other detention facilities;
(3)
Federal, county, precinct, and municipal offices for prosecuting attorneys and other personnel as needed;
(4)
Adult or juvenile probation offices;
(5)
Any other offices that either the county or municipality is separately authorized or required to operate or provide; and
(6)
Parking space, dining areas, and other facilities incidental to operation of the center.
(d)
The contracting parties may provide in the contract the manner of determining the personnel policies and employment benefit programs for center personnel.
Acts 1981, No. 696, §§ 2, 4-6; A.S.A. 1947, §§ 46-1602, 46-1604 -- 46-1606; Acts 2003, No. 1185, § 19.
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 12-41-204 - Financing

(a)
The governing body of a municipality or county contracting, as provided by §§
12-41-202
and
12-41-203
, may finance its share of the construction, financing, operation, or management of the justice center by any means that it could finance the type of facilities in the center to be used or provided by the municipality or county.
(b)
The contract may take advantage of the availability of federal funds to finance any part of the center.
Acts 1981, No. 696, § 3; A.S.A. 1947, § 46-1603.
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 12-41-205 - Use of center by courts

(a)
A circuit court or district court having jurisdiction in the county or municipality in which a part of the justice center is located may maintain offices and courtrooms and hold proceedings at the center.
(b)
(1)
A court of this state may not hold proceedings in the part of the center located in the other state.
(2)
Courts of the other state may hold proceedings in the part of the center in this state if so authorized by the other state.
Acts 1981, No. 696, § 2; A.S.A. 1947, § 46-1602.
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 12-41-207 - Custody in center

(a)
A person who is in the justice center in the custody of a peace officer or center personnel under Arkansas law:
(1)
Is constructively present in Arkansas while that person is in custody in the part of the center in the other state;
(2)
May be prosecuted for an offense against Arkansas law without extradition of that person; and
(3)
May be personally served in any part of the center for a proceeding in Arkansas.
(b)
A person who is in the center in the custody of a peace officer or center personnel under the law of the other state:
(1)
Is constructively present in the other state while that person is in custody in the part of the center in Arkansas;
(2)
May not be prosecuted for an offense against Arkansas law without extradition of that person; and
(3)
May not be personally served with process in any part of the center for a proceeding in Arkansas.
Acts 1981, No. 696, § 8; A.S.A. 1947, § 46-1608.
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 12-41-208 - Extradition and transfer

(a)
Arkansas agrees that a person who is in the justice center in the custody of a peace officer or center personnel under the law of the other state may be:
(1)
Prosecuted for an offense against the law of the other state without extradition of that person; and
(2)
Personally served with process in any part of the center for a proceeding in the other state.
(b)
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.
(c)
(1)
A person in the center who has not been 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 law of either state without extradition of that person.
(2)
Extradition of a person who was arrested in the center under those circumstances is not required in order to prosecute the person 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.
(d)
Notwithstanding any law to the contrary, the Governor of this state may recognize a demand for the extradition of a person charged with a crime in the other state if the demand alleges that any element of the offense occurred in any part of the center.
Acts 1981, No. 696, § 8; A.S.A. 1947, § 46-1608.
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 12-41-209 - Service of process

(a)
(1)
A person who is summoned to appear in the justice center under Arkansas law:
(A)
Is constructively present in Arkansas while that person is appearing under the summons in the part of the center in the other state;
(B)
Without extradition, may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense if that person is physically present in any part of the center or in Arkansas at the time of the prosecution; and
(C)
May be personally served with process in any part of the center for a proceeding in Arkansas.
(2)
A person who is summoned to appear in the center under the law of the other state:
(A)
Is constructively present in the other state while that person is appearing under the summons in the part of the center in Arkansas;
(B)
Without extradition, may not be arrested under Arkansas law in any part of the center for an offense against Arkansas law; and
(C)
May not be personally served with process in any part of the center for a proceeding in Arkansas.
(b)
(1)
Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be arrested in any part of the center for an offense against the law of the other state and prosecuted for that offense without extradition if that person is physically present in any part of the center or the other state at the time of the prosecution.
(2)
Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be personally served with process in any part of the center for a proceeding in the other state.
(c)
(1)
If a person in the center is constructively present in one (1) state under this section, the law of the state in which the person is not constructively present may be applied to that person only to the extent that such law would apply if the person were actually outside that state.
(2)
However, the law applicable to that person's conduct in the center is governed by §
12-41-206
, and whether extradition is required to arrest or prosecute that person for an offense committed in the center is governed by this section.
Acts 1981, No. 696, § 8; A.S.A. 1947, § 46-1608.
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 12-41-210 - Right of arrest

(a)
If the other state enacts legislation as provided in §
12-41-202
, a peace officer of Arkansas may:
(1)
Arrest a person under Arkansas law in the part of the center in the other state for an offense against Arkansas law if that peace officer would be authorized to make that arrest in the part of the center in Arkansas; and
(2)
Arrest a person under the law of the other state 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.
(b)
Arkansas agrees that a peace officer of the other state may arrest a person under:
(1)
Arkansas law 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; and
(2)
The law of the other state in the part of the center in Arkansas for an offense against the law of the other state if that peace officer would be authorized to make that arrest in the part of the center in the other state.
Acts 1981, No. 696, § 8; A.S.A. 1947, § 46-1608.
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 3 - COUNTY HOUSES OF CORRECTION (§§ 12-41-301 — 12-41-308) › Section 12-41-301 - Purchase of land

(a)
(1)
The county courts of the several counties in this state shall purchase a farm or tract of land within the boundaries of the county and provide for the erection on the farm or tract of land a house of correction.
(2)
However, the farm or tract of land shall not be purchased unless the taxpayers of each township in the county shall petition the county court to provide for the purchase. No farm shall be purchased unless a majority of all the taxpayers of the county sign the petitions.
(b)
(1)
The county court may appoint three (3) discreet persons as commissioners, who shall be taxpayers and qualified voters of this state, to select and agree for the purchase of a farm or tract of land as provided in subsection (a) of this section.
(2)
When the commissioners have made a selection and agreement concerning the farm or tract of land, they shall report their doings to the county court.
(3)
If the court approves the selection and the stipulations of the commissioners concerning the payment for the land, then the court shall provide for the purchase of the land and take from the vendor of the land a good and sufficient deed of conveyance for the use of the county.
(4)
The deed of conveyance shall be in such form and shall be taken in such manner as is provided by law in such cases.
(c)
The farm or tract of land provided for in this section may be either improved or unimproved land, as the county court may in its discretion elect.
(d)
The farm or tract of land provided for in this section shall consist of such number of acres as the county court may in its discretion determine.
(e)
When the court determines to purchase the farm or tract of land, the court shall contract for the land on the most favorable terms possible to the county.
(f)
The court shall pay for the farm, and for the erection of the house of correction, in the same manner that other public county improvements are paid for.
Acts 1868, No. 27, §§ 1-3, 6, p. 84; C. & M. Dig., §§ 1950-1955, 1959; Pope's Dig., §§ 2479-2484, 2488; A.S.A. 1947, §§ 46-601 -- 46-603, 46-606.
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 3 - COUNTY HOUSES OF CORRECTION (§§ 12-41-301 — 12-41-308) › Section 12-41-302 - Construction of facility

(a)
When any farm or tract of land has been purchased by the county court as provided in §
12-41-301(a)
, the county court shall cause to be let out to the lowest bidder the contract for building and erecting on the tract of land a house of correction.
(b)
The house of correction shall be so constructed as to secure, as nearly as may be, all persons sentenced to confinement therein and shall be composed of such material and of such form and dimensions as the court shall direct.
(c)
The house of correction shall possess such means of ventilation and other sanitary arrangements as will promote the health of the prisoners therein confined.
Acts 1868, No. 27, §§ 4, 7, p. 84; C. & M. Dig., §§ 1956, 1957, 1960; Pope's Dig., §§ 2485, 2486, 2489; A.S.A. 1947, §§ 46-604, 46-607.
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 3 - COUNTY HOUSES OF CORRECTION (§§ 12-41-301 — 12-41-308) › Section 12-41-303 - Contracts governed by existing laws

All contracts, appropriations, and disbursements of money concerning the purchase of the land or farm provided for in §
12-41-301
and the erection of the house of correction shall be made according to and be governed by the laws concerning public county contracts, appropriations, and disbursements.
Acts 1868, No. 27, § 5, p. 84; C. & M. Dig., § 1958; Pope's Dig., § 2487; A.S.A. 1947, § 46-605.
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 3 - COUNTY HOUSES OF CORRECTION (§§ 12-41-301 — 12-41-308) › Section 12-41-304 - Supervision by court

(a)
The county court shall have general supervisory control over the farm and house of correction and shall take means to correct any mismanagement of the facilities.
(b)
With the advice of the superintendent, the county court shall prescribe, from time to time, such rules for the government and discipline of prisoners in the house of correction and for the discipline and control of the labor of the prisoner, as the county court shall deem most expedient and wholesome.
Acts 1868, No. 27, §§ 11, 14, p. 84; C. & M. Dig., §§ 1966, 1969; Pope's Dig., §§ 2495, 2498; A.S.A. 1947, §§ 46-611, 46-614.
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 3 - COUNTY HOUSES OF CORRECTION (§§ 12-41-301 — 12-41-308) › Section 12-41-305 - Superintendent

(a)
The county court of any county in which any house of correction shall be erected shall appoint a discreet person, who shall be a qualified elector of this state and who shall be known as the superintendent of the house of correction.
(b)
The superintendent shall have charge of the farm or lands attached to the house of correction and shall direct the labor of all persons sentenced to confinement in the house of correction.
(c)
The superintendent shall be responsible to the county court for the correct treatment of all prisoners confined in the house of correction and for the faithful enforcement of the rules and discipline.
(d)
For neglect of duty or other improper management of the house of correction, the county court may remove the superintendent.
(e)
The county court shall determine the compensation of the superintendent.
Acts 1868, No. 27, §§ 10, 12, 20, p. 84; C. & M. Dig., §§ 1963-1965, 1967; Pope's Dig., §§ 2492-2494, 2496; A.S.A. 1947, §§ 46-610, 46-612, 46-620.
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 3 - COUNTY HOUSES OF CORRECTION (§§ 12-41-301 — 12-41-308) › Section 12-41-306 - Commitment to house of correction

(a)
When any house of correction has been erected as provided for in §
12-41-302
, all persons who shall be convicted of petit larceny or any other crime cognizable before justices of the peace, and sentenced to imprisonment, shall be sentenced to confinement in the house of correction instead of the county jail.
(b)
All persons then confined in the county jail for the crime of petit larceny or for any other crime cognizable before justices of the peace shall be transferred by order of the county court to the house of correction.
Acts 1868, No. 27, § 8, p. 84; C. & M. Dig., § 1961; Pope's Dig., § 2490; A.S.A. 1947, § 46-608.
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 3 - COUNTY HOUSES OF CORRECTION (§§ 12-41-301 — 12-41-308) › Section 12-41-307 - Labor of inmates

(a)
All persons sentenced to confinement in the house of correction shall be compelled to labor on the farm or lands on which the house of correction shall be situated in such manner as is provided for in subsection (c) of this section and for the term of their imprisonment.
(b)
Prisoners confined in the house of correction shall labor for such number of hours each day as the county court may determine.
(c)
The prisoners shall be compelled to perform any and all such labors as pertain to the clearing, improvement, and cultivation of the farm and garden or to mechanical pursuits.
Acts 1868, No. 27, §§ 9, 13, p. 84; C. & M. Dig., §§ 1962, 1968; Pope's Dig., §§ 2491, 2497; A.S.A. 1947, §§ 46-609, 46-613.
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 3 - COUNTY HOUSES OF CORRECTION (§§ 12-41-301 — 12-41-308) › Section 12-41-308 - Products of labor - Application

(a)
The product of all labor of the prisoners confined in the house of correction shall be applied, under the direction of the county courts, to the payment of the expenses of the persons so confined and such other expenses as may be necessarily incurred in improving and keeping the house and farm in repair.
(b)
If the product of labor of persons confined in the house of correction shall not be sufficient to defray the expenses indicated in subsection (a) of this section, then the deficit shall be supplied out of the county treasury in such manner as prisoners in the county jail are now supplied.
(c)
If the products of the labor of persons confined in the house of correction shall be more than sufficient to defray the expenses indicated in subsection (a) of this section, then the surplus of such products shall be disposed of under the direction of the county court, and the proceeds thereof shall be paid into the county treasury.
Acts 1868, No. 27, §§ 15-17, p. 84; C. & M. Dig., §§ 1970-1972; Pope's Dig., §§ 2499-2501; A.S.A. 1947, §§ 46-615 -- 46-617.