Arkansas Administrative Code

12 CAR § 80-133. Level 2 – Moderate community notification. (a) All parties specified in Level 1 must be notified. (b)(1) The heads of agencies and organizations that serve individuals in the offender’s target group must be notified. (2) This may include, but is not limited to: (…

12 CAR § 80-134. Level 3 – High community notification including default Level 3. (a) All of the entities and individuals listed for Levels 1 and 2 must be notified, unless to do so would cause harm to the victim or victims. (b) Notification must be made to any member of the comm…

12 CAR § 80-135. Level 4/Sexually Dangerous Person. (a) All of the entities and individuals listed for Levels 1 through 3 must be notified. (b)(1) Notification of members of the general public in the vicinity of where the offender lives, travels, and works should be done. (2) It …

12 CAR § 80-136. Reassessment. (a)(1) Adult offenders may request reassessment five (5) years after the date of the most recent assessment. (2) Reassessments will include a polygraph, or voice stress analysis, as deemed appropriate by the SOCNA. (3) The cost of polygraph and/or c…

12 CAR § 80-137. Termination of requirement to register. (a) Termination of the registration requirements are found in Arkansas Code § 12-12-919. (b)(1) Expungement of criminal convictions under the provisions of Arkansas Code §§ 16-93-301 – 16-93-303 does not relieve an individu…

12 CAR § 80-138. Records. (a)(1) The SOCNA will maintain all documentation gathered and all assessments administered. (2) Original documents will be maintained for at least one (1) year, after which time: (A) Case files may be stored electronically; and (B) The original documents…

12 CAR § 80-139. Research. (a) The assessment process will be the subject of ongoing research to improve the accuracy of the overall assessment process. (b) Access for the purpose of research must be requested in writing and is subject to approval by the Division of Correction wi…

12 CAR § 80-140. Immunity. (a) Public officials, public employees, public agencies, and members of the Sex Offender Assessment Committee are immune from civil liability for good faith conduct under Acts 1997, No. 989, as amended. (b) Nothing in Acts 1997, No. 989, Arkansas Code §…

12 CAR § 80-141. Resources. (a) Adult assessments. Sex Offender Community Notification Assessment P.O. Box 6209 2403 E. Harding Ave. Pine Bluff, AR 71611 Phone: (870) 850-8429 Fax: (870) 850-8446 (b) Sex offender registration. Arkansas Crime Information Center 322 South Main Stre…

12 CAR § 85-101. Purpose. (a) The purpose of this part is to establish guidelines for requiring: (1) Newly committed inmates to undergo a reading assessment and dyslexia screening during the intake process; (2) Inmates who read below the required proficiency level or demonstrate …

12 CAR § 85-102. Definitions. As used in this part: (1) “Dyslexia” means a specific learning disability that is: (A) Neurological in origin; (B)(i) Characterized by: (a) Difficulties with accurate and/or fluent word recognition; and (b) Poor spelling and decoding abilities. (ii) …

12 CAR § 85-103. Required screening. (a) Upon intake, each inmate who does not have a high school diploma or its equivalent will complete a: (1) Reading proficiency-level assessment; and (2) Dyslexia screening administered with fidelity. (b) A minimum of two (2) assessment tools …

12 CAR § 85-104. Intervention and services. (a) If the diagnostic assessment or assessments indicate markers of dyslexia, new intake inmates will be provided dyslexia intervention with fidelity, as defined under Arkansas Code § 6-41-602, that is evidence-based and consistent with…

12 CAR § 85-105. Professional awareness and development. Teachers within the Arkansas Correctional School District will be provided with professional development and demonstrate an awareness of the best practices of scientific reading instruction as required under the Right to Re…

12 CAR § 90-101. Source of funds. The State Drug Crime Enforcement and Prosecution Grant Fund consists of revenues obtained under Arkansas Code § 12-17-106 and includes: (1) The sum of all special assessments levied against individuals convicted of felony or misdemeanor offenses …

12 CAR § 90-102. Laws and policies affecting grant awards. (a) Determination of awards. The Arkansas Alcohol and Drug Abuse Coordinating Council will select all recipients funded through the State Drug Crime Enforcement and Prosecution Grant Fund, Arkansas Code § 12-17-104. (b) E…

12 CAR § 90-103. Requests for proposals. (a) The Office of Intergovernmental Services is responsible for: (1) Coordination of State Drug Crime Enforcement and Prosecution Grant Fund moneys with the Arkansas Alcohol and Drug Abuse Coordinating Council and the DTF recipients in acc…

12 CAR § 90-104. Unused or recovered funds. (a) When the Office of Intergovernmental Services determines that unused or recovered State Drug Crime Enforcement and Prosecution Grant Fund moneys are available, they shall notify the Arkansas Alcohol and Drug Abuse Coordinating Counc…

12 CAR § 90-105. Equal opportunity. All programs must furnish assurance of compliance with applicable civil rights laws and regulations.

12 CAR § 90-106. Freedom of Information Act of 1967. Proposals submitted in response to any RFP are subject to the provisions of the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.

12 CAR § 90-107. Policies affecting funding. (a) A memorandum of understanding will be signed by the chair of the Arkansas Alcohol and Drug Abuse Coordinating Council, the chair of the Law Enforcement Committee of the council, the Prosecutor Coordinator, the Administrator of the …

12 CAR § 91-101. Purpose. (a) The goal of the state-funded drug task force is to significantly reduce drug-related crimes throughout the State of Arkansas. (b) This is done through aggressive enforcement of state laws that outline the rules and penalties associated with the posse…

12 CAR § 91-102. Objectives. The overall objectives of the state-funded drug task force are: (1) To: (A) Identify and arrest individual drug offenders, or those offenders within an organized criminal group; and (B) Prosecute these offenders with special emphasis placed on offense…

12 CAR § 91-103. Local match requirements. (a)(1) State-funded drug task forces will be required to match federal and state grant funding for their operations. (2) The match can be cash or in-kind. (3) Any in-kind must be documented in the signed memorandum of understanding. (b) …

12 CAR § 91-104. State-funded drug task force operating budgets. (a) A state-funded drug task force operating budget, and allowable uses of grant awards, will be in accordance with Arkansas Code § 12-17-107 as well as any other federal regulations or state rules. (b) A funded civ…

12 CAR § 91-105. Organizational structure. (a) Authorized official. (1) For a state-funded drug task force, the authorized official is the elected prosecuting attorney or local government highest elected official or appointed designee. (2) The authorized official is an authorized…

12 CAR § 91-106. Reporting requirements. (a)(1) State-funded drug task forces are to provide monthly or quarterly statistical data and complete other required reporting by the Arkansas Drug Director’s office and Office of Intergovernmental Services (the administering agency). (2)…

12 CAR § 91-107. Training compliance and mandated meeting requirements. (a)(1) For state-funded DTFs, the training topics listed below, as well as any other identified trainings and law enforcement certified trainings, are required to be completed by each law enforcement officer …

12 CAR § 100-101. Consideration for removal by review team. The Adult Maltreatment Registry Review Team shall operate as follows: (1)(A) The Director of the Division of Aging, Adult, and Behavioral Health Services will appoint the members of the review team. (B) The review team w…

12 CAR § 100-102. Name request removal. (a) An offender may request his or her name be removed from the Adult and Long-term Care Facility Resident Maltreatment Central Registry when: (1) The individual has not had a subsequent true report for one (1) year; (2) More than one (1) y…

12 CAR § 100-103. Application format for an offender. (a) An application for name removal from the Adult and Long-term Care Facility Resident Maltreatment Central Registry shall conform to the following: (1) The offender will submit his or her request/petition to: DAABHS/Adult Ma…

12 CAR § 100-104. Determination of name removal request by an offender. (a) The Adult Maltreatment Registry Review Team will consider requests for removal of names from the registry. (b) In determining whether to remove an offender from the registry, the review team shall conside…

12 CAR § 100-105. Notice. In addition to the above, we propose that notice of the petition for removal be given to the Medicaid Fraud Control Unit of the Office of the Attorney General if: (1) The underlying conduct resulted in a criminal prosecution; and (2) One (1) of its attor…

12 CAR § 5-101. Scope — Authority — Administration. (a) Scope. (1) This part applies to all criminal justice agencies and officials in Arkansas. (2) Authority for this part that governs the operation and use of the Arkansas Crime Information Center (ACIC) system is found in Arkan…

12 CAR § 5-102. Definitions. As used in this part: (1)(A) “Administration of criminal justice” means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. (B…

12 CAR § 5-103. Access and use of information. (a) Access authority. (1) Agencies and officials receiving information directly from the Arkansas Crime Information Center (ACIC), National Crime Information Center, and National Law Enforcement Telecommunications System (NLETS) syst…

12 CAR § 5-104. Security. (a) Facilities. (1) Arkansas Crime Information Center (ACIC) access devices shall be placed in areas with adequate physical security that will: (A) Prevent access by the public or other nonofficial personnel; (B) Prevent access by unauthorized agency per…

12 CAR § 5-105. Completeness and accuracy. (a) Responsibility. Agencies that enter records or cause records to be entered into the Arkansas Crime Information Center (ACIC) and National Crime Information Center (NCIC) are responsible for their accuracy, timeliness, and completenes…

12 CAR § 5-106. Hit procedures. (a) Record hits. (1) A "hit" is a positive response to an Arkansas Crime Information Center (ACIC) and/or National Crime Information Center (NCIC) inquiry. (2) A hit is not in itself probable cause to arrest or seize property. (3) A hit provides da…

12 CAR § 5-107. Criminal history information. (a) Responsibilities. (1) Arkansas Crime Information Center (ACIC) is authorized to administer the state computerized criminal history file, in accordance with Arkansas Code §§ 12-12-207 and 12-12-1001 – 12-12-1015. (2) The Division o…

12 CAR § 5-108. Investigations, violations, and appeals. (a) System control. (1) Although individual agencies retain certain responsibilities for their own records, overall system discipline and adherence to standards is required. (2) Under Arkansas law, the Arkansas Crime Inform…

12 CAR § 5-109. Application, equipment, and fees. (a) Application procedure. (1) The appropriate expansion of the Arkansas Crime Information Center (ACIC) network is determined by: (A) Need; (B) Legal authority; and (C) Cost effectiveness. (2) New interface agencies may be added …

12 CAR § 5-110. Operators and record personnel. (a) Terminal Agency Coordinators. (1) The chief official of each interface agency will designate a Terminal Agency Coordinator (TAC) to act as the primary contact person for that agency. (2) The TAC should have completed Arkansas Cr…

12 CAR § 5-111. Training. (a) Operator training. (1) All individuals operating an Arkansas Crime Information Center (ACIC) access device, including mobile devices, must be trained. (2) Training is necessary for the proper and effective use of the state and national computer syste…

12 CAR § 5-112. Agreements. (a) System service agreements. (1) The chief official of each interface agency is required to sign a system service agreement, and other agreements as appropriate, outlining their duties and responsibilities concerning the Arkansas Crime Information Ce…

12 CAR § 5-113. Exemptions. Any exception to the requirements of these Arkansas Crime Information Center (ACIC) system rules must be specifically approved by the Director of the Arkansas Crime Information Center or Supervisory Board for the Arkansas Crime Information Center.…

12 CAR § 130-101. Purpose. (a) The Military Family Relief Trust Fund was established to provide short-term emergency financial assistance in the form of grants to members of the Arkansas National Guard and reserve components of the United States Armed Forces and/or families of th…

12 CAR § 130-102. Administrative procedures. (a) Pursuant to Arkansas Code § 26-51-2506(h), the Adjutant General of the Arkansas National Guard has the responsibility to promulgate all rules necessary for implementing the grant program of the Military Family Relief Trust Fund. (b…

12 CAR § 130-103. Eligibility. (a) Any current member or family member of the Arkansas National Guard or a reserve component of the United States Armed Forces who is a resident of Arkansas is eligible to request assistance. (b) Pursuant to Arkansas Code § 26-51-2506(h), eligibili…

12 CAR § 130-104. Designated agent. (a) The Adjutant General has designated the Arkansas National Guard Foundation (the foundation), a nonprofit organization organized under the laws of the State of Arkansas and recognized by the Internal Revenue Service as a tax-exempt organizat…