Title 12 — Law Enforcement, Emergency Management, and Military Affairs

(a) Subject to the approval of the Board of Corrections, the Secretary of the Department of Corrections may authorize the payment of a death benefit from special revenues held by the Department of Corrections or its various divisions to any department employee killed in the line …

The Division of Correction may enter into a cooperative agreement with a qualified state treatment and assessment agency to conduct assessments of juveniles in the custody of the division who are required to register as sex offenders under § 9-35-434 and pay for services upon rec…

(a) As used in this section, “Warrant Service Officer Program” means the program of the United States Immigration and Customs Enforcement authorizing state and local law enforcement officers to serve and execute administrative warrants under the Immigration and Nationality Act, 8…

This subchapter shall be known as the “Pay-for-Success Act”.

(a) The General Assembly finds that:(1) Incarceration and reincarceration are costly for the government and for taxpayers;(2) Certain intervention measures have been found to reduce reincarceration rates;(3) Pay-for-success contracts can serve as an effective tool for addressing …

(1) As used in this subchapter:(1) “Incarcerated” means the condition of being committed to a state correctional facility; and(2) “Pay-for-success program” means a program in which the Division of Community Correction pays for intervention services only if certain performance tar…

(a) The Division of Community Correction may enter into an agreement with entities, including without limitation licensed or accredited, as applicable, community-based providers specializing in behavioral health, case management, and job placement services, and two-year or four-y…

(a) (1) The Division of Correction, with the approval of the Board of Corrections, shall provide appropriate incarceration facilities for women, youthful offenders, and other adult offenders committed to the division by the courts of this state.(2) The division shall also provide…

(a) The Department of Correction shall provide a death chamber within such facility or institution of the department as may be designated by the Director of the Department of Correction with the approval of the Board of Corrections. (b) The death chamber shall have all the necess…

A.C.A. § 12-28-103Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) The Post-Prison Transfer Board shall be the transferring authority for parole and post-release supervision for the units of the Department of Corrections and shall make recommendations to the Governor in cases from the criminal courts that, in the board's opinion, the defenda…

(a) (1) Any person incarcerated by the Division of Correction may be permitted to remain within a treatment facility operated by the division, if serious physical or mental disorders or disabilities exist, until release to a similar treatment setting outside of the division can b…

(a) (1) The Division of Correction may design and install high-voltage electrified security fence systems at all existing and proposed medium and maximum security prisons.(2) However, at the time of installation there shall be posted universal danger signs on all sides of the sys…

(a) As provided for in § 12-28-101, the Division of Correction shall provide education as well as training for inmates who want to acquire skills for employment upon release. (b) (1) The division shall identify high-demand vocations and careers and shall accordingly create traini…

(a) The Department of Corrections shall conduct an audit of the number and types of firearms and number and types of ammunition owned by and in the possession of the correctional facilities of the department annually and shall send a copy of the audit to the Secretary of the Depa…

(a) (1) Within ninety (90) days of the end of each state fiscal year, the Director of the Division of Correction shall submit to the Legislative Council a report of all direct and indirect costs incurred for housing and caring for inmates incarcerated in the Division of Correctio…

(a) As used in this section:(1) “Changing room” means the same as defined under § 22-3-2201;(2) (A) “Correctional facility” means a state correctional facility that has the power to detain or restrain a person under the laws of the state, including without limitation facilities o…

A.C.A. § 12-28-201Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

This subchapter shall be known as the “Prison Overcrowding Emergency Powers Act”.

(1) As used in this subchapter:(1) “Board” means the Board of Corrections;(2) “County backlog” means those inmates sentenced to the Division of Correction who are being housed in the county jails until space is available in a prison;(3) “Prison” means a correctional facility oper…

(a) (1) Whenever the population of the prison system exceeds ninety-eight percent (98%) of the rated capacity for thirty (30) consecutive days, or whenever the number of inmates on the county jail backlog exceeds five hundred (500) inmates, the Board of Corrections may declare a …

(a) (1) When the Board of Corrections declares a prison overcrowding state of emergency due to exceeding ninety-eight percent (98%) of the rated capacity and notifies the Director of the Division of Correction of the emergency as authorized, the director shall certify to the boar…

(a) The Board of Corrections may declare succeeding prison overcrowding states of emergency at any time when the prison population exceeds ninety-eight percent (98%) of the rated capacity of the prison system, but these successive states of emergency shall not be declared more of…

At any time during a declared prison overcrowding state of emergency, the Board of Corrections may declare the prison overcrowding state of emergency to be ended.

This subchapter shall be referred to and may be cited as the “Arkansas Boot Camp Act”.

(1) The General Assembly finds that:(1) The cost of incarcerating the expanding number of offenders in conventional penitentiaries is skyrocketing, bringing added fiscal pressures on the state;(2) Some inmates may be effectively punished in a more affordable manner through the ex…

(a) The Board of Corrections shall develop and implement a boot camp program designed to reduce the inmate population by diverting eligible offenders from long-term incarceration. (b) This diversion shall involve successful completion of, at a minimum, a sixty-day program of inte…

Appropriate inmates shall be chosen for the boot camp program established by this subchapter in accordance with guidelines to be adopted by the Board of Corrections. These guidelines must include a risk profile system to be used in selecting inmates eligible for assignment to the…

This subchapter shall be liberally construed to accomplish the intent and purposes of the General Assembly in adopting it and shall be the sole authority required for the accomplishment of these purposes. To this end, it shall not be necessary to comply with general provisions of…

(a) (1) The Director of the Division of Correction shall formulate and establish a system by which all prisoners delivered to and in the care and custody of the Division of Correction shall be classified according to deportment.(2) In this classification, consideration shall be g…

(1) A person who is convicted of any of the following offenses shall be ineligible to participate in any meritorious furlough program conducted by or for the Division of Correction:(1) Capital murder, § 5-10-101;(2) Murder in the first degree, § 5-10-102;(3) Murder in the second …

(a) The Director of the Division of Correction or the Director of the Division of Community Correction shall prescribe, with the approval of the Board of Corrections, rules for the maintenance of good order and discipline in the facilities and institutions of the Division of Corr…

(1) Under rules prescribed by the Division of Correction, heads of the institutions of the division may authorize:(1) Visits and correspondence, under reasonable conditions, between inmates and approved friends, relatives, and others;(2) Temporary release of an inmate for such oc…

(a) All clergy of every denomination shall be admitted free to a Department of Correction prison or may visit any inmate confined therein, subject to such rules as may be necessary to the good government and discipline of the prison, and may administer the rites and ceremonies of…

(a) (1) A person without the consent of the Director of the Division of Correction shall not bring into or carry out of a prison any letter or writing to or from any inmate.(2) A violation of this section is an unclassified misdemeanor punishable by a fine not exceeding one hundr…

Amounts held as inmate welfare funds or received as inmate welfare funds through contributions, profit from sale of products to inmates, or otherwise, shall be held as a special fund to be administered and used by the Director of the Division of Correction for the general benefit…

(a) The Board of Corrections is authorized to promulgate rules concerning the maximum amount of cash that inmates of the Division of Correction may have in their possession. (b) The board shall provide adequate facilities for the deposit and safekeeping of cash belonging to inmat…

If the Board of Corrections has good reason for believing that any violation of § 5-54-119 has occurred, it shall investigate the matter and report the facts together with the names of the witnesses to the proper prosecuting attorney.

(a) It is unlawful for any inmate or employee of the Division of Correction or any other person to sell, barter, or trade, or to promise or offer to sell, barter, or trade any favored job or position, working condition, or any promotion or demotion in any job or position at the d…

(a) If an inmate in the care and custody of the Division of Correction or the Division of Community Correction is required to be present during a criminal proceeding or a civil proceeding that arises from a criminal charge or conviction of any court in this state, the county sher…

(a) At least one hundred twenty (120) days before an inmate's anticipated release date, the Division of Correction, in collaboration with the inmate and the Division of Community Correction and the Post-Prison Transfer Board, shall complete a prerelease assessment and reentry pla…

(a) (1) Whenever any inmate of the Department of Correction shall escape from its custody, it shall be the duty of the Director of the Department of Correction or his or her designee to immediately notify the appropriate law enforcement officers in the area where the escape took …

(a) (1) Whenever an inmate serving a sentence for the commission of a crime escapes from the custody of the Division of Correction, it shall be the responsibility of the division to immediately notify the victim of the crime or the victim's next of kin of the inmate's escape.(2) …

(a) The officers and guards of the Division of Correction shall use all lawful and suitable means to defend themselves, secure the persons of offenders, and prevent attempted violence and escape whenever two (2) or more inmates shall combine for the following purposes or whenever…

The Director of the Department of Correction shall have the authority of a county sheriff over the power of the county in which a Department of Correction's prison or inmate camp is situated in all cases of alarm or danger at the prison or inmate camp, in the absence of the count…

(a) An inmate who was convicted and sentenced as an adult for an offense he or she committed before he or she attained eighteen (18) years of age shall not be prevented from participating in an educational, training, or rehabilitative program that is otherwise available to other …

(a) As used in this section:(1) “Minor” means a person who is under eighteen (18) years of age;(2) “Punitive isolation” means the placement of a minor in a location that is separate from the general population as a punishment; and(3) “Solitary confinement” means the isolation of …

(1) For an inmate making an intrastate telephone call from a Division of Correction facility or Division of Community Correction facility:(1) The cost per minute shall not be more than the maximum cost per minute of an interstate inmate telephone call as determined by the Federal…

(a) Unless prohibited by federal law, a person who is in the custody of the Department of Corrections 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 …

(a) (1) Within fourteen (14) days of the initial incarceration of a person, the administrator of the correctional facility with custody of the person, the designee of the administrator of the correctional facility with custody of the person, or the county veteran service officer …