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 50 - CORRECTIONS COOPERATIVE ENDEAVORS AND PRIVATE MANAGEMENT ACT (§§ 12-50-101 — 12-50-111) › Section 12-50-105 - Regional correctional commissions

(a)
Political subdivisions may individually, or in combination with each other, contract with the state through the Division of Correction or with prison contractors for the financing, acquisition, construction, and operation of facilities for the housing of inmates.
(b)
(1)
In the event two (2) or more counties jointly enter into an agreement with the state or with a prison contractor, they shall form a regional corrections commission, which shall be composed of the county judge of each county or his or her or her designee.
(2)
In the case of a commission having an even number of parties, the appointed representatives of the parties to the commission shall select an additional person, who is acceptable to all representatives to the commission, to serve on the commission.
(3)
The members of the commission shall serve terms of three (3) years' duration, shall be eligible for reappointment, and may be removed only for cause by the quorum court of the county which they represent.
(4)
In the event of a vacancy other than by expiration of term, the vacancy shall be filled by the governing body of the county of the representative unable to complete his or her term.
(c)
(1)
In the event that any city or town, with or without one (1) or more counties, enters into an agreement with the state or with a prison contractor, the chief executive officer of each city or town or his or her designee shall serve on the commission.
(2)
In the case of a commission having an even number of parties, the appointed representatives of the parties to the commission shall select an additional person, who is acceptable to all other members of the commission, to serve on the commission.
(3)
The members of the commission shall serve terms of three (3) years' duration, shall be eligible for reappointment, and may be removed only for cause by the governing body of the city or town which they represent.
(4)
In the event of a vacancy other than by expiration of term, the vacancy shall be filled by the governing body of the political subdivision of the representative unable to complete his or her term.
(d)
In any contract for correctional services entered into pursuant to this chapter by a regional corrections commission, the commission members shall submit to the governing body of each political subdivision for approval the following contract terms:
(1)
The fee to be paid by each political subdivision;
(2)
The minimum financial guarantees of each political subdivision; and
(3)
The method of billing.
Amended by Act 2019, No. 910,§ 840, eff. 7/1/2019.
Acts 1987, No. 427, § 4.
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 50 - CORRECTIONS COOPERATIVE ENDEAVORS AND PRIVATE MANAGEMENT ACT (§§ 12-50-101 — 12-50-111) › Section 12-50-107 - Authority of security employees - Applicability of criminal laws

(a)
Security employees of a prison contractor shall be allowed to use force and shall be licensed pursuant to the Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act, §
17-40-101
et seq. The security employees shall exercise their powers and authority only while:
(1)
On the grounds of an institution under the supervision of the prison contractor;
(2)
Transporting inmates; and
(3)
Pursuing escapees from the institution.
(b)
The provisions of §
5-54-101
et seq. and §
12-29-109
shall apply to offenses committed by or with regard to inmates assigned to facilities or programs for which a prison contractor is providing correctional services.
Acts 1987, No. 427, §§ 6, 7.
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 50 - CORRECTIONS COOPERATIVE ENDEAVORS AND PRIVATE MANAGEMENT ACT (§§ 12-50-101 — 12-50-111) › Section 12-50-108 - Nondelegable responsibilities

No contract for correctional services shall authorize, allow, or imply a delegation of authority or responsibility of the Director of the Department of Correction or the county sheriff of any county or the police chief of any city or town to a prison contractor for any of the following:
(1)
Developing and implementing procedures for calculating inmate release and parole eligibility dates;
(2)
Developing and implementing procedures for calculating and awarding sentence credits;
(3)
Approving inmates for furlough and work release;
(4)
Approving the type of work inmates may perform and the wages or sentence credits which may be given the inmates engaging in that work; and
(5)
Granting, denying, or revoking sentence credits.
Acts 1987, No. 427, § 8.
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 50 - CORRECTIONS COOPERATIVE ENDEAVORS AND PRIVATE MANAGEMENT ACT (§§ 12-50-101 — 12-50-111) › Section 12-50-109 - Financing - Contracts with Arkansas Development Finance Authority

(a)
(1)
The Board of Corrections and any regional corrections commission may cooperate and contract with the Arkansas Development Finance Authority to provide for the payment of the principal of, premium, if any, interest on, and trustee's and paying agent's fees in connection with bonds issued to finance the acquisition, construction, and operation of prison facilities authorized under this chapter to be secured by a lien on and pledge of one (1) or more of the following:
(A)
All revenues derived from payments to be made by the Division of Correction for the housing of prisoners;
(B)
All revenues derived from payments to be made by political subdivisions for the housing of prisoners; or
(C)
Any other revenues authorized by the General Assembly or the governing body of any political subdivision.
(2)
(A)
Any documents relating to a pledge under subdivision (a)(1) of this section shall state that the pledge is subject to annual appropriation by the governing body or annual appropriation of the General Assembly, respectively.
(B)
It is not necessary to the perfection of the lien and pledge for those purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the collateral security.
(b)
In addition to any other approved method of financing, counties may utilize the provisions of the County Jail Revenue Bond Act of 1981, §
12-41-601
et seq., as a permissible means of financing correctional facilities to be used pursuant to the contracts entered into under the provisions of this chapter.
Amended by Act 2019, No. 910,§ 842, eff. 7/1/2019.
Amended by Act 2017, No. 250,§ 28, eff. 8/1/2017.
Acts 1987, No. 427, § 9.
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 50 - CORRECTIONS COOPERATIVE ENDEAVORS AND PRIVATE MANAGEMENT ACT (§§ 12-50-101 — 12-50-111) › Section 12-50-110 - Hiring preference

State and political subdivision employees whose employment becomes subject to a contract with a private prison contractor shall be given a hiring preference for available positions for which they qualify by the private prison contractor.
Acts 1987, No. 427, § 10.
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 50 - CORRECTIONS COOPERATIVE ENDEAVORS AND PRIVATE MANAGEMENT ACT (§§ 12-50-101 — 12-50-111) › Section 12-50-111 - Private correctional facilities

(a)
(1)
No private correctional facility in which inmates committed to the Division of Correction, out-of-state inmates, or federal inmates are to be housed shall be constructed nor shall any facility be renovated for the purpose of creating a private correctional facility in which inmates committed to the division, out-of-state inmates, or federal inmates are to be housed within the state without review and approval by the Board of Corrections and review and approval by the Legislative Council.
(2)
Review of requests for construction at a minimum shall include:
(A)
Consideration of the location, design, security level, and financing of the facility; and
(B)
The nature of the inmates to be housed in the facility.
(b)
(1)
Except as provided in subsection (e) of this section, no facility located within this state, except a facility operated by the United States Bureau of Prisons, may house out-of-state or federal inmates without approval of the board.
(2)
Review of requests to house such inmates may include, among other factors, consideration of the design and security level of the facility and the nature of the inmates to be housed in the facility.
(3)
Approval must be obtained at least annually.
(c)
(1)
(A)
Except as provided in subsection (e) of this section, no facility located within this state, except a facility operated by the United States Bureau of Prisons, may house out-of-state or federal inmates unless the board has certified that the state does not need some or all of the capacity of the facility for state inmates.
(B)
Such certification shall be obtained at least annually.
(2)
The board shall also certify the custody levels of any facility housing out-of-state or federal inmates.
(d)
The board, in its discretion, may declare an emergency and waive the provisions of subsection (a) of this section to make use of available space for housing state inmates.
(e)
Subsections (b) and (c) of this section shall not be construed to prohibit the temporary detention in this state of any out-of-state or federal inmate transported to this state for the purpose of appearing in court or any suspected alien detained by authority of the United States Department of Homeland Security, nor shall subsections (b) and (c) of this section be construed to alter or affect the operation of any interstate compact or agreement between this state or any other state or the United States Government regarding the detention and housing of inmates.
Amended by Act 2019, No. 910,§ 843, eff. 7/1/2019.
Acts 1999, No. 380, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-51-101 — 12-51-105) › Section 12-51-102 - Definitions

As used in this compact, unless the context clearly requires a different construction:
(1)
"Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law;
(2)
"Bylaws" mean those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct;
(3)
"Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact;
(4)
"Compacting state" means any state which has enacted the enabling legislation for this compact;
(5)
"Commissioner" means the voting representative of each compacting state appointed pursuant to Article III of this compact, i.e., §
12-51-103
;
(6)
"Interstate commission" means the Interstate Commission for Adult Offender Supervision established by this compact;
(7)
"Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner;
(8)
"Noncompacting state" means any state which has not enacted the enabling legislation for this compact;
(9)
"Offender" means an adult placed under or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies;
(10)
"Person" means any individual, corporation, business enterprise, or other legal entity, either public or private;
(11)
"Rules" means acts of the interstate commission, duly promulgated pursuant to Article VIII of this compact, i.e., §
12-51-302
, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states;
(12)
"State" means a state of the United States, the District of Columbia and any other territorial possessions of the United States; and
(13)
"State council" means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact, i.e., §
12-51-103
.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-51-101 — 12-51-105) › Section 12-51-103 - Interstate Commission for Adult Offender Supervision

(a)
(1)
The compacting states hereby create the "Interstate Commission for Adult Offender Supervision".
(2)
The interstate commission shall be a body corporate and joint agency of the compacting states.
(3)
The interstate commission shall have all the responsibilities, powers, and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(b)
The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state.
(c)
(1)
In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims.
(2)
All noncommissioner members of the interstate commission shall be ex-officio (nonvoting) members. The interstate commission may provide in its bylaws for such additional, ex-officio, nonvoting members as it deems necessary.
(d)
(1)
Each compacting state represented at any meeting of the interstate commission is entitled to one (1) vote.
(2)
A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.
(3)
The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven (27) or more compacting states, shall call additional meetings.
(4)
Public notice shall be given of all meetings and meetings shall be open to the public.
(e)
(1)
The interstate commission shall establish an executive committee which shall include commission officers, members, and others as shall be determined by the bylaws.
(2)
The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking and/or amendment to the compact.
(3)
The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff administers enforcement and compliance with the provisions of the compact, its bylaws, and as directed by the interstate commission and performs other duties as directed by the commission or set forth in the bylaws.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 1 - GENERAL PROVISIONS (§§ 12-51-101 — 12-51-105) › Section 12-51-104 - The state council

(a)
An Arkansas State Council for the Interstate Commission for Adult Offender Supervision is created, which shall consist of the following members:
(1)
One (1) nonelected person, chosen from a list of five (5) names submitted by the Director of the Division of Community Correction, who will act as the representative of the legislative branch of government, to be appointed by the President Pro Tempore of the Senate;
(2)
One (1) representative of the judicial branch of government, who is not an acting judge, appointed by the Governor;
(3)
The members of the Board of Corrections, who will act as representatives of the executive branch of government, appointed by the Governor;
(4)
One (1) representative from a victims group appointed by the Governor;
(5)
One (1) prosecuting attorney, appointed by the Governor;
(6)
One (1) county sheriff, appointed by the Governor; and
(7)
The director or his or her designee who, in addition to serving as a member of the council, shall be appointed by the Governor as the compact administrator for the state.
(b)
The council shall appoint the compact administrator as the Arkansas commissioner to the interstate commission, who shall serve on the interstate commission in such capacity under or pursuant to the applicable law of this state.
(c)
The council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by the council, including development of policy concerning operations and procedures of the compact within this state.
Amended by Act 2023, No. 774,§ 1, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 845, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 844, eff. 7/1/2019.
Amended by Act 2017, No. 240,§ 1, eff. 8/1/2017.
Acts 2001, No. 253, § 1; 2005, No. 1153, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 2 - ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION (§§ 12-51-201 — 12-51-204) › Section 12-51-201 - Bylaws

The Interstate Commission for Adult Offender Supervision shall, by a majority of the members, within twelve (12) months of the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(1)
Establishing the fiscal year of the interstate commission; and
(2)
Establishing an executive committee and such other committees as may be necessary, providing reasonable standards and procedures:
(A)
For the establishment of committees;
(B)
Governing any general or specific delegation of any authority or function of the interstate commission;
(C)
Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting; establishing the titles and responsibilities of the officers of the interstate commission; providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission; and
(D)
Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations; providing transition rules for "start up" administration of the compact; establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 2 - ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION (§§ 12-51-201 — 12-51-204) › Section 12-51-202 - Officers and staff

(a)
(1)
The Interstate Commission for Adult Offender Supervision shall, by a majority of the members, elect from among its members a chair and a vice chair, each of whom shall have such authorities and duties as may be specified in the bylaws.
(2)
The chair or, in his or her absence or disability, the vice chair, shall preside at all meetings of the interstate commission.
(3)
The officers so elected shall serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.
(b)
(1)
The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate.
(2)
The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but shall not be a member.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 2 - ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION (§§ 12-51-201 — 12-51-204) › Section 12-51-203 - Corporate records of the interstate commission

The Interstate Commission for Adult Offender Supervision shall maintain its corporate books and records in accordance with the bylaws.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 2 - ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION (§§ 12-51-201 — 12-51-204) › Section 12-51-204 - Qualified immunity, defense, and indemnification

(a)
(1)
The members, officers, executive director, and employees of the Interstate Commission for Adult Offender Supervision shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities; provided, that nothing in this subdivision (a)(1) of this section shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
(2)
The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from intentional wrongdoing on the part of such person.
(b)
The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee, or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 4 - OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION (§§ 12-51-401 — 12-51-403) › Section 12-51-401 - Oversight

(a)
The Interstate Commission for Adult Offender Supervision shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
(b)
The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 4 - OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION (§§ 12-51-401 — 12-51-403) › Section 12-51-402 - Dispute resolution

(a)
The compacting states shall report to the Interstate Commission for Adult Offender Supervision on issues or activities of concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.
(b)
The interstate commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.
(c)
The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 4 - OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION (§§ 12-51-401 — 12-51-403) › Section 12-51-403 - Enforcement

The Interstate Commission for Adult Offender Supervision in the reasonable exercise of its discretion shall enforce the provisions of this compact using any or all means set forth in Article XII, Section B, i.e., §
12-51-602
, of this compact.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 5 - FINANCE (§§ 12-51-501 — 12-51-502) › Section 12-51-501 - Expenses - Assessments - Accounts

(a)
The Interstate Commission for Adult Offender Supervision shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
(b)
(1)
The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year.
(2)
The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
(c)
The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(d)
(1)
The interstate commission shall keep accurate accounts of all receipts and disbursements.
(2)
The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 5 - FINANCE (§§ 12-51-501 — 12-51-502) › Section 12-51-502 - Compacting states, effective date, and amendment

(a)
(1)
Any state, as defined in Article II of this compact, i.e., §
12-51-102
, is eligible to become a compacting state.
(2)
The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five (35) of the states.
(3)
The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state.
(4)
The governors of nonmember states or their designees will be invited to participate in Interstate Commission for Adult Offender Supervision activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
(b)
(1)
Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states.
(2)
No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 6 - WITHDRAW, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT (§§ 12-51-601 — 12-51-604) › Section 12-51-601 - Withdrawal

(a)
Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact as a "withdrawing state" by enacting a statute specifically repealing the statute which enacted the compact into law.
(b)
The effective date of withdrawal is the effective date of the repeal.
(c)
(1)
The withdrawing state shall immediately notify the chair of the Interstate Commission for Adult Offender Supervision in writing upon the introduction of legislation repealing this compact in the withdrawing state.
(2)
The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof.
(d)
The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
(e)
Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 6 - WITHDRAW, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT (§§ 12-51-601 — 12-51-604) › Section 12-51-603 - Judicial enforcement

(a)
The Interstate Commission for Adult Offender Supervision may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the Federal District where the interstate commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default.
(b)
In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 6 - WITHDRAW, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT (§§ 12-51-601 — 12-51-604) › Section 12-51-604 - Dissolution of compact

(a)
The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one (1) compacting state.
(b)
Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission for Adult Offender Supervision shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 7 - SEVERABILITY AND CONSTRUCTION (§ 12-51-701) › Section 12-51-701 - Severability and construction

(a)
The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b)
The provisions of this compact shall be liberally constructed to effectuate its purposes.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 8 - BINDING EFFECT OF COMPACT AND OTHER LAWS (§§ 12-51-801 — 12-51-802) › Section 12-51-801 - Other laws

(a)
Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
(b)
All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 8 - BINDING EFFECT OF COMPACT AND OTHER LAWS (§§ 12-51-801 — 12-51-802) › Section 12-51-802 - Binding effect of the compact

(a)
All lawful actions of the Interstate Commission for Adult Offender Supervision, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states.
(b)
All agreements between the interstate commission and the compacting states are binding in accordance with their terms.
(c)
Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.
(d)
In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
Acts 2001, No. 253, § 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 51 - INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION (§§ 12-51-101 — 12-51-901) › Subchapter 9 - RESPONSIBLE AGENCIES (§ 12-51-901) › Section 12-51-901 - Responsible agencies

A fine, fee, or cost that may be levied against the state under the interstate compact under this chapter shall be paid by the entity that either failed to meet the obligation or responsibility of the interstate compact or failed to comply with a bylaw or rule of the Interstate Commission for Adult Offender Supervision, to the extent permitted by the interstate compact.
Added by Act 2019, No. 134,§ 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 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 60 - GENERAL PROVISIONS (§§ 12-60-101 — 12-60-104) › Section 12-60-101 - Title

Chapters 60 through 64 of this title shall be known and may be cited as the "Military Code of Arkansas".
Amended by Act 2015, No. 1003,§ 1, eff. 7/22/2015.
Acts 1969, No. 50, § 1; A.S.A. 1947, § 11-101.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 60 - GENERAL PROVISIONS (§§ 12-60-101 — 12-60-104) › Section 12-60-103 - Persons subject to the code

The following persons who are not in federal service are subject to this code:
(1)
Members of the organized militia.
(2)
All other persons lawfully ordered to a duty status in or with the organized militia, including the Army National Guard, Air National Guard, the Arkansas Guard, and all persons ordered to a duty status in or with any of the foregoing from the dates they are required by the terms of the order or other directive to obey the code.
Amended by Act 2019, No. 211,§ 2, eff. 2/26/2019.
Acts 1969, No. 50, § 47; A.S.A. 1947, § 11-602.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 60 - GENERAL PROVISIONS (§§ 12-60-101 — 12-60-104) › Section 12-60-104 - Delegation of authority by the Governor or the commanding general of the organized militia

(a)
The Governor may delegate any authority vested in the Governor under this code, and may provide for the subdelegation of any such authority, except with respect to the power authorized in §§
12-64-406(a)
and
12-64-603(b)
of this code.
(b)
The commanding general of the organized militia may delegate any authority vested in the commanding general under this code, and may provide for the subdelegation of any such authority, except with respect to the power authorized in §§
12-64-406(a)
and
12-64-603(b)
of this code.
Amended by Act 2015, No. 1003,§ 3, eff. 7/22/2015.
Acts 1969, No. 50, § 174; A.S.A. 1947, § 11-685.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 61 - MILITARY FORCES (§§ 12-61-101 — 12-61-306) › Subchapter 1 - STATE MILITIA GENERALLY (§§ 12-61-101 — 12-61-128) › Section 12-61-101 - Division and composition

(a)
The militia shall be divided into two (2) parts: the organized, consisting of the active and inactive Army National Guard and Air National Guard; and the unorganized, consisting of all those persons of the militia not in the active or inactive Army National Guard or Air National Guard.
(b)
The militia shall consist of all able-bodied male residents of the state between the ages of seventeen (17) and forty-five (45) years who are, or intend to become, citizens of the United States, unless exempt by law, together with all other acceptable volunteers, waiving necessary requirements.
Acts 1969, No. 50, §§ 2, 3; A.S.A. 1947, §§ 11-102, 11-103.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 61 - MILITARY FORCES (§§ 12-61-101 — 12-61-306) › Subchapter 1 - STATE MILITIA GENERALLY (§§ 12-61-101 — 12-61-128) › Section 12-61-102 - Commander-in-Chief

The Governor, by virtue of his or her office, shall be Commander-in-Chief of the militia, except the parts thereof as are ordered into the service of the United States.
Acts 1969, No. 50, § 4; A.S.A. 1947, § 11-104.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 61 - MILITARY FORCES (§§ 12-61-101 — 12-61-306) › Subchapter 1 - STATE MILITIA GENERALLY (§§ 12-61-101 — 12-61-128) › Section 12-61-103 - Governor's powers and duties generally

(a)
(1)
The Governor is authorized to make such rules governing the government, organization, discipline, and training of the militia as he or she may deem expedient.
(2)
Such rules shall conform to the provisions of this code and, as nearly as practicable, to those governing the United States Armed Forces.
(3)
When promulgated, the rules shall have the same force and effect as the provisions of this code.
(4)
Such rules shall not be repealed, altered, amended, or added to, except with the approval of the Governor.
(5)
The rules in force at the time of the passage of this code shall remain in force until new rules are approved and promulgated.
(b)
The Governor may, by executive order, designate National Guard commissioned officers or warrant officers or active duty officers or warrant officers serving in armed forces recruiting offices inside or outside the State of Arkansas to administer the oath of enlistment to new members of the militia.
(c)
Whenever he or she shall deem it necessary, the Governor may direct the members of the unorganized militia to present themselves for and submit to registration at such time and place and in such manner as may be prescribed by rule.
Amended by Act 2019, No. 315,§ 918, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 917, eff. 7/24/2019.
Acts 1969, No. 50, §§ 5, 199; 1983, No. 412, § 1; A.S.A. 1947, §§ 11-105, 11-1101.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 61 - MILITARY FORCES (§§ 12-61-101 — 12-61-306) › Subchapter 1 - STATE MILITIA GENERALLY (§§ 12-61-101 — 12-61-128) › Section 12-61-104 - Custom and usage of the United States Armed Forces

All matters relating to the organization, discipline, and government of the organized militia, not otherwise provided for in this code or in rules issued pursuant thereto, shall be as prescribed by the customs and usages of the appropriate force or forces of the United States.
Amended by Act 2019, No. 315,§ 919, eff. 7/24/2019.
Acts 1969, No. 50, § 200; A.S.A. 1947, § 11-1102.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 61 - MILITARY FORCES (§§ 12-61-101 — 12-61-306) › Subchapter 1 - STATE MILITIA GENERALLY (§§ 12-61-101 — 12-61-128) › Section 12-61-105 - Adjutant General - Qualifications - Salary

(a)
There shall be an Adjutant General of the state who shall be appointed by the Governor and shall be a commissioned officer in the Adjutant General's department of the National Guard of this state and shall have rank not higher than lieutenant general.
(b)
To be eligible for appointment, he or she shall be a citizen of the United States and a resident of the State of Arkansas, and:
(1)
He or she must be an officer in the active militia with not less than seven (7) successive years' service immediately next preceding his or her appointment; or
(2)
He or she must have been in service in the active militia of this state as a commissioned officer for a period of fifteen (15) years, eight (8) of which were as a field grade officer or general officer, or both combined; or
(3)
He or she must have held the rank of a field grade officer in the active militia and, as such, have been called into federal service and have commanded a unit during such service.
(c)
(1)
The pay of the Adjutant General and the assistant adjutant general shall be the same as is allowed to officers of like grade, service, and rank by the pay tables of the United States Army or Air Force at the time such pay accrues.
(2)
The Adjutant General is permitted to receive payments in addition to regular salary as provided by the Uniform Classification and Compensation Act, §
21-5-201
et seq., while serving in the federal position of technician while also serving as Adjutant General. Such additional payments are provided for in Title IV of the Intergovernmental Personnel Act of 1970, Pub. L. No. 91-648.
Acts 1969, No. 50, § 10; 1977, No. 694, § 6; A.S.A. 1947, §§ 11-110, 11-110.1; Acts 2007, No. 47, § 2.