Table Of Content

Arkansas Code OF 1987 Annotated SUPPLEMENT 2013 VOLUME 8A Place in pocket of bound volume Prepared by the Editorial Staffofthe Publisher Under the Direction and Supervision ofthe ARKANSAS CODE REVISION COMMISSION Senator David Johnson, Chair Senator David Burnett Representative John Vines Representative Darrin Wilhams Honorable Bettina E. Brownstein Honorable Don Schnipper Honorable David R. Matthews Honorable Stacy Leeds, Dean, University ofArkansas at Fayetteville, School ofLaw Honorable Michael H. Schwartz, Dean, University ofArkansas at Little Rock, School ofLaw Honorable Warren T. Readnour, Senior Assistant Attorney General Honorable Matthew Miller, Assistant Director for Legal Services of the Bureau ofLegislative Research ^ LexisNexis^ © Copyright 2011, 2013 BY The State ofArkansas All Rights Reserved LexisNexis and the Knowledge Burstlogo are registered trademarks, and Michieis atrademark ofReedElsevierProperties Inc. usedunderlicense. MatthewBenderisaregisteredtrademarkof Matthew Bender Properties Inc. For information about this Supplement, see the Supplementpamphlet for Volume 1 5055420 ISBN 978-0-327-10031-7 (Code set) ISBN 978-1-4224-6344-4 (Volume 8A) ^ LexisNexis^ Matthew Bender & Company, Inc. 701 East Water Street, Charlottesville, VA 22902 www.lexisnexis.com (Pub.40604) TITLE 12 LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (CHAPTERS 60-87 IN VOLUME 8B) SUBTITLE GENERAL PROVISIONS 1. CHAPTER. GENERAL PROVISIONS. 1. SUBTITLE LAWENFORCEMENTAGENCIESAND PROGRAMS 2. CHAPTER. GENERAL PROVISIONS. 6. DEPARTMENT OFARKANSAS STATE POLICE. 8. LAW ENFORCEMENT OFFICER TRAININGAND STANDARDS. 9. 10. COMMUNICATIONS SYSTEMS. PREVENTION OF PUBLIC OFFENSES. 11. 12. CRIME REPORTINGAND INVESTIGATIONS. WEAPONS. 15. 17. STATE DRUGCRIME ENFORCEMENTAND PROSECUTIONGRANTFUND. 18. CHILD MALTREATMENT—ACT. HUMAN TRAFFICKING PREVENTIONAND LAW ENFORCEMENT. 19. 20. LAWENFORCEMENTAGENCIES FORPRIVATE COLLEGESAND UNIVER- SITIES. SUBTITLE CORRECTIONAL FACILITIESAND PROGRAMS 3. CHAPTER. — 27. DEPARTMENT OF CORRECTION DEPARTMENT OF COMMUNITY COR- RECTION. 28. STATE CORRECTIONAL FACILITIES. 29. INMATES OF STATE FACILITIES. 30. STATE INMATE INDUSTRIES AND LABOR. 41. LOCAL CORRECTIONAL FACILITIES. 42. LABOR OF COUNTYAND CITY PRISONERS. SUBTITLE GENERAL PROVISIONS 1. CHAPTER 1 GENERAL PROVISIONS SECTION. 12-1-101. Recidivism reporting. 1 12-1-101 LAW ENFORCEMENT, ETC. 2 12-1-101. Recidivism reporting. (a) As used in this section, "recidivism" means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with or without a new sentence during a three-year period following the person's release from custody. (b) An entitythat makes arecidivism report underthis title shalluse the definition ofrecidivism in this section for purposes ofthe recidivism report. History. Acts 2013, No. 1030, § 2. for the last five (5) years who would be A.C.R.C. Notes. Acts 2013, No. 1030, consideredrecidivistsunderthedefinition § 4, provided: "Temporary legislation. provided in this act. "(a) The Department of Community "(b) The report shall be completed by Correction shall prepare a report on the October 1, 2013, and copies shall be sent number of persons under its supervision to the Governor and Legislative Council." SUBTITLE LAWENFORCEMENTAGENCIES AND 2. PROGRAMS CHAPTER 6 GENERAL PROVISIONS subchapter. 4. Patrol Vehicles. — Subchapter 4 Patrol Vehicles SECTION. 12-6-402. Civilian passengers. 12-6-402. Civilian passengers. Each law enforcement agency of the state shall establish a policy prohibiting civilian passengers in patrolvehicles unless specificwritten approval is given for each civilian passenger by the chieflaw enforcement officer or his or her designee. History. Acts 2013, No. 1183, § 1. CHAPTERS DEPARTMENT OF ARKANSAS STATE POLICE subchapter. 1. General Provisions. 2. Police Officers. 3. Department ofArkansas State Police Communications Equipment LeasingAct. 3 DEPARTMENT OFARKANSAS STATE POLICE 12-8-104 — Subchapter 1 General Provisions SECTION. SECTION. 12-8-104. Director. patrolling certain high- 12-8-106. Department—ofArkansas State ways. Poli—ce Duties an—d pow- 12-8-125. Small Municipality Law En- ers Restrictions Mu- forcement Vehicle Grant nicipal police barred from Program. ' 12-8-104. Director. (a)(1)(A) After conferring with the members of the Arkansas State Pohce Commission, the Governor shall appoint a Director of the Department ofArkansas State Police who shall be the executive and administrative head ofthe Department ofArkansas State Police and shall receive a salary as fixed by law. (B) The Director ofthe Department ofArkansas State Police shall serve at the pleasure ofthe Governor. (2) The Director ofthe Department ofArkansas State Police shall be of good moral character and a resident and a qualified elector of the State ofArkansas. (3) In addition to all other qualifications contained in this section, the Director ofthe Department ofArkansas State Police, at the time of appointment to the position ofDirector ofthe Department ofArkansas State Police, shall either: (A) Be a college graduate with at least a bachelor's degree in criminology, business administration, or a related field; (B) Have graduated from a standard high school or vocational school and have eight (8) years' previous experience in law enforcement or a related field with considerable supervisory and administrative experience; or (C) Have at least ten (10) years' experience in law enforcement. (b) The Director of the Department ofArkansas State Police shall determine the number of other officers and patrol personnel to be employed by the Department ofArkansas State Police, and they shall be paid salaries according to rank, not exceeding the salaries provided. (c) The Director of the Department of Arkansas State Police shall promulgate such rules as are necessary for the efficient operation ofthe Department ofArkansas State Police and for the enforcement of such duties as are prescribed in this chapter. (d) The Director of the Department ofArkansas State Police shall keep the books and records ofthe Department ofArkansas State Police, which shall be audited as the books and accounts of other state departments. (e) An annual report to the Governor and a biannual report to the General Assembly showing the activities, number of arrests, amounts collectedbythe Department ofArkansas State Police, and disposition of all cases shall be made by the Director ofthe Department ofArkansas State Police. 12-8-104 LAW ENFORCEMENT, ETC. 4 (f)(1) The Director ofthe Department ofArkansas State PoHce shall have supervision and control for the purpose of discipline and proper management of all the members and employees of the Department of Arkansas State Police. (2)(A) The Director ofthe Department ofArkansas State Police may designate that some or all employees ofthe Department ofArkansas State Police be trained pursuant to a memorandum ofunderstanding between the State ofArkansas and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration laws on federal and interstate highways in the State ofArkansas. (B) The amount spent for training employees ofthe Department of Arkansas State Police under the memorandum of understanding between the State ofArkansas and the United States Department of Justice or the United States Department ofHomeland Security shall be paid in accordance with the provisions of § 12-8-118. (3)(A) Upon request ofthe Director ofState Highways and Transpor- tation, the Director ofthe Department ofArkansas State Police may designate certified law enforcement officers from theArkansas High- way Police Division ofthe Arkansas State Highway and Transporta- tion Department to be trained under the terms ofthe memorandum ofunderstanding described in subdivision (f)(2) ofthis section. (B) The amount spent for training certified law enforcement officers from the Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department shall be borne by the Arkansas State Highway and Transportation Department. (g) The Director of the Department of Arkansas State Police may establish such divisions within the ranks ofthe Department ofArkan- sas State Police as he or she may deem necessary and proper. (h) Whenever in the Director of the Department ofArkansas State Police's discretion the action is necessary for the efficient operation of the Department ofArkansas State Police, the Director of the Depart- ment ofArkansas State Police may: (1) Transfer, assign, and reassign from one (1) division to another division any member of the Department ofArkansas State Police or other employee ofthe Department ofArkansas State Police; or (2)(A) Subject to the approval ofthe commission, promote or demote in rank any member ofthe Department ofArkansas State Police. (B) However, any demotion pursuant to subdivision (h)(2)(A) of this section shall be for nondisciplinary reasons. (i) Due to the exacting and special duties of the Director of the Department ofArkansas State Police, he or she may draw an expense allowance in an amount not to exceed six hundred dollars ($600) per month. (j)(l) Subject to the provisions of subsection (f) of this section, the Director ofthe Department ofArkansas State Police may negotiate the terms of a memorandum of understanding between the State of Arkansas and the United States Department ofJustice or the United 5 DEPARTMENT OFARKANSAS STATE POLICE 12-8-106 States Department of Homeland Security concerning the enforcement offederal immigration laws. (2)(A) The memorandum of understanding described in subdivision (j)(l) ofthis section must be signed on behalfofthe State ofArkansas by the Director of the Department of Arkansas State Police, the Governor, and the Director of Law Enforcement Standards and Training. (B) Prior to the signing provided for by subdivision (j)(2)(A) ofthis section, the memorandum ofunderstanding shall be reviewed by the Legislative Council. (k) The Director of the Department ofArkansas State Police shall implement or assist other entities to develop and implement a public service campaign concerningracial profiling and may utilize brochures, flyers, or public service announcements. History. Acts 1945, No. 231, §§ 4, 14, No. 907, § 1; 2005, No. 2136, § 2; 2007, 21; 1968(1stEx. Sess.),No. 65, § 1;A.S.A. No. 1048, § 1; 2011, No. 779, § 1. 1947, §§ 42-404, 42-414, 42-421; Acts Amendments. The 2011 amendment 1987, No. 1037, § 13; 1989 (1stEx. Sess.), substituted "promulgate such rules" for No. 285, § 11; 2001, No. 750, § 1; 2001, "promote such rules and regulations" in No. 1697, § 2; 2005, No. 665, § 1; 2005, (c). — 12-8-106. Department of Arkansas State Police Duties and — — powers Restrictions Municipal police barred from patrolling certain highways. (a)(1) It shall be^the duty ofthe Department ofArkansas State Police to: (A) Patrol the public highways, make arrests, and enforce the laws of this state relating to motor vehicles and the use of the state highways; (B) Establish, maintain, and enforce a towingrotation list to assist in clearing highways of motor vehicles which have been involved in accidents or abandoned; (C) Assist in the collection of delinquent motor vehicle license taxes and the collection ofgasoline and other taxes that are required by law; and (D) Determine when, ifpossible, a person or persons are the cause ofinjury to any state highway or other state property and arrest all persons criminally responsible for injury to any state highway or other state property and bring them before the proper officer for trial. (2) The Director of the Department of Arkansas State Police may promulgate necessary rules and regulations to carry out the purpose and intent of subdivision (a)(1)(B) ofthis section. (b) The department shall be conservators of the peace and as such shall have the powers possessed by police officers in cities and county sheriffs in counties, except that the department may exercise such powers anywhere in this state. (c) The department shall have the authority to establish a Crimes Against Children Division, either through transfer or by contract, to 12-8-106 LAW ENFORCEMENT, ETC. 6 conduct child abuse investigations, to administer the Child Abuse Hotline, and, when consistent with regulations promulgated by the department, to provide training and technical assistance to local law- enforcement in conducting child abuse investigations. (d) The police officers shall have all the power and authority ofthe State Fire Marshal and shall assist in making investigations ofarson, § 5-38-301, and such other offenses as the director may direct and shall be subject to the call ofthe circuit courts ofthe state and the Governor. (e) However, this chapter shall not be construed so as to take away any authority ofthe regularly constituted peace officers in the state, but the department shall cooperate with them in the enforcement of the criminal laws of the state and assist such officers either in the enforcement ofthe law or apprehension ofcriminals. (f) Nothing in this chapter shall be construed as to authorize any officer of the department to serve writs unless they are specifically directed to the department, or an officer thereof, by the issuing authority. (g) No officer or member of the department shall ever be used in performing police duties on private property in connection with any strike, lockout, or other industrial disturbance. (h)(1)(A) The following law enforcement officers are prohibited from patrolling controlled-access facilities except as may be authorized by the director: A (i) municipal police officer; (ii) An officer established under § 14-42-401 et seq.; (iii) A city marshal; and A (iv) constable. (B) The director may withdraw any previously issued authorization to patrol controlled-access facilities. (C)(i) The director shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to establish criteria for granting or withdrawing authorization to patrol controlled-access facilities. (ii) In adopting the rules described in subdivision (h)(l)(C)(i) of this section, the director at a minimum shall take into consideration the following factors: (a) Public safety; (h) Training ofthe law enforcement officers; (c) Size ofthe law enforcement agency; (d) Financial impact; (e) Abuse ofpolice power; and The types of roadways or highways that are controlled-access (f) facilities for purposes ofthis section. (2) The following law enforcement officers may patrol any service roads that are within theirjurisdiction situated adjacent to controlled- access facilities: A (A) municipal police officer; (B) An officer estabhshed under § 14-42-401 et seq.; 7 DEPARTMENT OFARKANSAS STATE POLICE 12-8-125 (C) A city marshal; and A (D) constable. (3) This subsection shall not prohibit a municipal police officer, an officer established under § 14-42-401 et seq., a city marshal, or a constable from responding to an accident or other emergency on a controlled-access facility. History. Acts 1945, No. 231, §§ 7, 8; zation"in(h)(1)(B) and(h)(l)(C)(i); substi- 1963, No. 133, § 1; A.S.A. 1947, §§ 42- tuted "law enforcement officers" for "mu- 407,42-408;Acts 1987,No. 509, § 1; 1997, nicipal police" in (h)(l)(C)(ii)(6); No. 1240, § 7; 2001, No. 254, § 1; 2001, substituted "law enforcement agency" for No. 441, § 1; 2001, No. 1697, § 4; 2007, "municipal police force" in (h)(l)(C)(ii)(c); No. 371, § 1; 2011, No. 741, § 1. substituted "The following law enforce- Amendments. The 2011 amendment mentofficers"for"Municipalpolice"inthe substituted "The following law enforce- introductory paragraph of(h)(2); inserted mentofficers"for"Municipalpolice"inthe (h)(2)(A) through (D); and inserted "an introductory paragraph of (h)(1)(A); in- officer established under § 14-42-401 et serted (h)(l)(A)(i) through (iv); deleted seq., a city marshal, or a constable" in "for municipal police" following "authori- (h)(3). CASE NOTES ExtraterritorialAuthority. this section, a municipal police depart- Evidence obtained in a stop of defen- mentdidnothavethe authoritytomakea dant's vehicle for speeding on the inter- selective-trafficenforcementtypeoftraffic state should have been suppressed be- stop on the intersta—te. McKim—v. State, cause, pursuant to subdivision (h)(2) of 2009Ark. App. 834, S.W.3d (2009). 12-8-125. Small Municipality Law Enforcement Vehicle Grant Program. (a) There is created the "Small Municipality Law Enforcement Vehicle Grant Program", to be administered by the Department of Arkansas State Police with funding from the General Improvement Fund or its successor fund or fund accounts. (b)(1) The program may provide grants to cities ofthe second class as determined under § 14-37-103 or incorporated towns as determined under § 14-37-103 for the purpose ofpurchasing used vehicles from the Marketing and Redistribution Section of the Department of Finance and Administration. (2) Vehicles purchased under subdivision (b)(1) of this section shall be used by law enforcement agencies of the city ofthe second class or incorporated town receiving the grant. (c)(1) The Department of Arkansas State Police shall promulgate rules necessary for the implementation ofthe program. (2) The rules shall include: (A) The procedure for making an application for a grant; (B) The selection criteria for a grant; (C) The limitations on use ofgrant money; and A (D) procedure to provide for accountability ofgrant recipients. 12-8-203 LAW ENFORCEMENT, ETC. 8 A (d) city of the second class or incorporated town shall not be required to provide matching funds to receive a grant under this section. (e) Ifthe Department ofArkansas State Police awards a grant to a city of the second class or incorporated town under this section, the Department ofArkansas State Police shall pay the grant funds for the purchase ofa used vehicle directly to the Marketing and Redistribution Section ofthe Department ofFinance and Administration. (f) Funds from a grant received under this section shall not be used to pay sales tax for a used vehicle purchased from the Marketing and Redistribution Section of the Department of Finance and Administra- tion. (g) The awarding of grants under this section is contingent on the appropriation and availability offunding for the program. History. Acts 2011, No. 1237, § 1. — Subchapter 2 Police Officers SECTION. 12-8-203. Probationary period. 12-8-215. Additional salary pajonents. A.C.R.C. Notes. Acts 2013, No. 1205, Arkansas State Police Commissioned Of- § 21, provided: "FLAGS. TheDepartment ficerskilledinthelineofdutyafterJuly 1, ofArkansas State Police is hereby autho- 2011. rized to award one (1) United States flag "The provisions ofthis section shall be tothe familyofanyArkansas State Police ineffectonlyfromJuly 1, 2013toJune30, Commissioned Officer killed in the line of 2014." duty. This provision will be effective for 12-8-203. Probationary period. (a)(1) Each person who is selected as a poHce officer of the Depart- ment ofArkansas State Pohce shall be a probationer for a period of eighteen (18) months from his or her date ofhire. (2) A probationer may be discharged by the Director ofthe Depart- ment ofArkansas State Police with the approval oftheArkansas State Police Commission with or without cause. (b) The probationary period shall not apply to a person who has already served a probationary period. History. Acts 1945, No. 231, § 6; 1981, provided: "This act does not apply to a No. 700, § 1; A.S.A. 1947, § 42-406; Acts pohce officer ofthe Department ofArkan- 2001, No. 1697, § 11; 2003, No. 1041, § 1; sas State Pohce serving a probationary 2005, No. 667, § 1; 2011, No. 14, § 1. period on the effective date ofthis act." A.C.R.C.Notes.Acts 2011, No. 14, § 2, Amendments. The 2011 amendment,