Arkansas Administrative Code

12 CAR § 23-110. Reimbursement denials. (a) The Secretary of the Department of Public Safety or their designee shall have the ability to deny a request for reimbursement in whole or in part made under this part. (b) The denial shall: (1) Be in writing; and (2) State the reasons w…

12 CAR § 24-101. Title. This part shall be known as the License Plate Reader rules.

12 CAR § 24-102. Definitions. As used in this part: (1) “ACIC” means Arkansas Crime Information Center; (2) “Alert” means a visual and/or auditory notice that is triggered when the LPR system receives a potential hit on a license plate; (3) “ARDOT” means Arkansas Department of Tr…

12 CAR § 24-103. Procedures. (a) The use of LPR systems is restricted to legitimate law enforcement purposes. (b) Anyone with access who misuses the LPR systems that result in Arkansas Crime Information Center data being released or disclosed to an unauthorized person is punishab…

12 CAR § 24-104. Division of Arkansas State Police LPR data usage and retention. (a) LPR alerts/hits. Prior to the initiation of a traffic stop based on an LPR alert, the officer must: (1) Visually verify that the vehicle plate number matches the plate number run by the LPR syste…

12 CAR § 30-101. Title. The title of this part will be known as the “Rules and Procedures for the Collection of DNA Samples”, to provide for the collection of a DNA sample following an arrest or a criminal charge for certain offensives and to establish procedures for the collecti…

12 CAR § 30-102. 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. (…

12 CAR § 30-103. Powers and duties of the State Crime Laboratory. The powers and duties of the State Crime Laboratory are as follows: (1) Be responsible for the policy management and administration of the state DNA identification record system to support law enforcement agencies …

12 CAR § 30-104. Persons required to surrender a DNA sample. A DNA sample is required of a person arrested for: (1) Capital murder, Arkansas Code § 5-10-101; (2) Murder in the first degree, Arkansas Code § 5-10-102; (3) Kidnapping, Arkansas Code § 5-11-102; (4) Sexual assault in …

12 CAR § 30-105. Procedures for collection and transmission of DNA samples. (a) The State Crime Laboratory will provide an approved training method for the collection of DNA samples. (b)(1) The State Crime Laboratory will provide a kit for the collection of the DNA sample. (2) Se…

12 CAR § 30-106. Limitation on liability. (a) A person authorized to take a DNA sample is not criminally liable for taking a DNA sample under Acts 2009, No. 974, if he or she takes the DNA sample in good faith and uses reasonable force. (b) A person authorized to take a DNA sampl…

12 CAR § 30-107. Release of information. (a) The following guidelines for release of information will be instituted after requirements of Arkansas Code § 12-12-312 have been met. (b) A DNA sample or DNA record obtained under Acts 2009, No. 974, shall be disseminated only to crimi…

12 CAR § 30-108. Rules for obtaining DNA information. (a) The Director of the State Crime Laboratory, after review of written request, may release DNA information from the State DNA Data Bank as long as there is no conflict with provisions of: (1) Arkansas Code § 12-12-312; (2) A…

12 CAR § 30-109. Removal and destruction of DNA record and sample. (a) Any person whose DNA record has been included in the State DNA Data Base and whose DNA sample is stored in the State DNA Data Bank as authorized by Acts 2009, No. 974, may apply to the State Crime Laboratory f…

12 CAR § 30-110. Prohibition against disclosure. Arkansas Code § 12-12-1115(b), concerning the penalty for prohibited disclosure of DNA information, is amended to read as follows: “Any person who knowingly violates this Act is guilty of a Class D felony.”

12 CAR § 30-101. Title. The title of this part will be known as the Child Maltreatment Act rules to provide for the collection of a forensic sample of fetal tissue following an abortion performed on a child who is less than fourteen (14) years of age at the time of the abortion a…

12 CAR § 31-102. Definitions. As used in this part: (1)(A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that th…

12 CAR § 31-103. Required rules. The State Crime Laboratory shall adopt rules prescribing: (1) The amount and type of fetal tissue to be preserved; (2) Procedures for the proper preservation of the tissue for the purpose of DNA testing and examination; (3) Procedures for document…

12 CAR § 31-201. Amount and type of fetal tissue to be preserved. All products of conception should be preserved and submitted to the State Crime Laboratory.

12 CAR § 31-202. Procedures for the proper preservation of the tissue for the purpose of DNA testing and examination. (a) Fetal tissue should be collected with no preservatives and packaged in an air-tight, sealed, and labeled container and immediately frozen at negative twenty d…

12 CAR § 31-203. Procedures for documenting the chain of custody of the tissue for use as evidence. (a) The chain of custody begins as soon as the physician locates or obtains physical evidence. (b) The physician must properly establish and maintain the chain of custody for this …

12 CAR § 31-204. Procedures for proper disposal of fetal tissue. Upon completion of DNA analysis, any remaining samples will be disposed of by the State Crime Laboratory after receipt of a “letter of destruction” from the respective investigating agency.

12 CAR § 31-205. Uniform reporting requirements. (a) A uniform reporting instrument is mandated to be used by physicians when submitting fetal tissue under this part which shall include the: (1) Name and address of the physician submitting the fetal tissue; and (2) Name and compl…

12 CAR § 31-206. Procedures for communication with law enforcement agencies regarding evidence and information obtained. (a) In accordance with requirements enumerated in Acts 2013, No. 725, the physician or the reporting medical facility shall contact the law enforcement agency …

12 CAR § 50-1001. Visitor’s log. (a) A visitor's log shall be maintained at all times. (b) The chief executive shall determine what information should be gathered about visitors and may deny visitation if said data is not provided.

12 CAR § 50-1002. Visitation privilege. (a) Visitation privileges may be revoked by the chief executive when it is believed to be in the best interest of the security and safety of the criminal detention facility. (b) Visitation may be in person or via electronic means.…

12 CAR § 50-1003. Rules required for searches in visitation areas. The chief executive shall formulate rules for searching visitors, detainees, and visitation areas.

12 CAR § 50-1004. Written policy required for incoming and outgoing correspondence. (a) The chief executive shall establish a written policy governing correspondence by detainees. (b) Indigent detainees should be provided a minimum of two (2) envelopes and first-class stamps per …

12 CAR § 50-1005. Written policy required for privileged detainee correspondence. (a) The chief executive shall establish a written policy to provide for detainees to send and receive sealed letters to and from: (1) Courts; (2) Officials of the confining authority; (3) Attorneys;…

12 CAR § 50-1006. Written policy required for inspection of mail. (a) The chief executive shall establish a written policy for the inspection of incoming and outgoing mail and packages in order to intercept contraband and other prohibited items. (b) Nonprivileged mail may be insp…

12 CAR § 50-1007. Communication device usage policy required. (a) The chief executive shall establish a policy for communication device usage. (b) Any fees charged for detainee use of a communication device must be in accordance with the maximum rates established under state or f…

12 CAR § 50-101. Definitions. (a) Throughout this part set forth herein, the following definitions shall apply: (1)(A) “Book-in facility” means a facility used to hold detainees for a maximum of four (4) hours for processing purposes only. (B) “Book-in facilities” are subject to …

12 CAR § 50-1101. General guidelines. (a) The chief executive shall ensure that the facility’s dietary allowances are reviewed at least annually by a licensed dietician in conjunction with the health authority to ensure that they meet the nationally recommended dietary allowances…

12 CAR § 50-1102. Food service records. Records of the food actually served in the criminal detention facility shall be maintained for at least twelve (12) months and shall be checked by a licensed dietician at least annually to ensure that the food actually served meets the basi…

12 CAR § 50-1103. Conformance to Department of Health rules. (a) Food service operations, whether contractual or on-site, shall conform to the Department of Health rules pertaining to food service establishments. (b) Food handlers must meet current requirements of the department.…

12 CAR § 50-1104. Food service policy. (a) The chief executive shall establish a written policy regarding the procedures to be followed for the provision of special, therapeutic, and religious diets. (b) The policy shall include guidance related to delays due to: (1) Transportati…

12 CAR § 50-1105. Dining areas. (a) Food may be served to detainees in: (1) Their cells; (2) A day room; or (3) A dining room. (b) Areas in which food is served shall be cleaned as soon as practicable and all trash shall be removed to an outside dumpster or garbage collection are…

12 CAR § 50-1106. Twenty-four-hour/overnight and book-in facilities. (a) As noted in 12 CAR § 50-1601 et seq., twenty-four-hour/overnight and book-in facilities are exempt from 12 CAR §§ 50-901 – 50-903. (b) However, such facilities shall provide three (3) meals per day at regula…

12 CAR § 50-1107. Outside food. (a) The chief executive shall not permit any food to be brought into the facility for consumption by detainees except that which is furnished by the facility or purchased through the commissary. (b) Only the chief executive may make an exception to…

12 CAR § 50-1201. Pretrial detainees. (a) Pretrial detainees may volunteer for work assignments within a facility but shall not be required to work except to the extent necessary to maintain their living quarters in a safe and sanitary condition. (b) If such detainees volunteer t…

12 CAR § 50-1202. Sentenced detainees. Sentenced detainees may be assigned to work programs that the chief executive deems appropriate.

12 CAR § 50-1203. Work-release programs. (a) Under Arkansas Code § 12-42-116, the chief executive is given discretion with respect to the operation of work-release programs. (b) These work-release programs shall have written rules which conform to current law. (c) These rules sha…

12 CAR § 50-1301. General provisions. (a) While this subpart deals with specific fire and safety measures, this subpart is not intended to be all-inclusive with regard to the safety and welfare of the individual detainee. (b) Because potential hazards are too numerous to detail, …

12 CAR § 50-1302. Annual inspection required. (a) Pursuant to the Arkansas Fire Prevention Code, 12 CAR pt. 15, the chief executive shall have the criminal detention facility inspected at least annually by the state or local fire marshal for fire prevention and safety measures. (…

12 CAR § 50-1303. Written fire plan required. (a) A written fire safety plan concerning fire prevention and response shall be established to ensure the safety of: (1) Detainees; (2) Staff; and (3) Visitors. (b) The plan shall detail staff responsibilities and cover all evacuation…

12 CAR § 50-1304. Written emergency plan required. (a) A written emergency plan that covers emergencies other than fire shall be established and all personnel shall be trained and knowledgeable of their duties in the event of an emergency. (b) This training shall be acknowledged …

12 CAR § 50-1305. Exit signs. (a) Facility exits must be clearly and permanently marked. (b) All corridors and walkways leading to or from an exit shall be kept free of refuse, litter, and obstacles of any kind which might cause problems with evacuation under emergency conditions…