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12-27-113. Commitments to the Division of Correction — Records.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-27-113. Commitments to the Division of Correction — Records.
(a)(1) All commitments to the Division of Correction shall be to the Division of Correction and not to a particular institution.
(2) Commitments may provide for judicial transfer to the Division of Community Correction.
(b)(1) The Director of the Division of Correction, in accordance with the rules and procedures promulgated by the Board of Corrections shall transfer an inmate to the Division of Community Correction, pursuant to a judicial transfer, or assign a newly committed inmate to an appropriate facility of the Division of Correction.
(2) The director may transfer an inmate from one (1) facility to another consistent with the commitment and in accordance with treatment, training, and security needs.
(3) Inmates may be transferred between the Division of Correction and the Division of Community Correction within the constraints of law applicable to judicial transfer, subject to the policies, rules, and regulations established by the Board of Corrections, and conditions set by the Parole Board.
(4) The Division of Correction shall retain legal custody of all inmates transferred to community correction unless altered by court order.
(c)(1) When a prisoner is committed to the Division of Correction, his or her commitment papers must include a report on the circumstances attending the offense, particularly such circumstances as tend to aggravate or extenuate the offense, which report shall be kept in the permanent file of such prisoner.
(2) The report shall be prepared by the prosecutor or deputy prosecutor who represented the state in the proceeding against the prisoner. The report shall be approved by the sentencing judge.
(d)(1) A county sheriff, a deputy county sheriff, or a trained s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-27-113
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:12-27-113
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e275cc373006467f367e371a57e9f26720b397386af9ed22155981e7314cdae4
Source location: content.xml paragraph 12095
Stored source content
12-27-113. Commitments to the Division of Correction — Records.
(a)(1) All commitments to the Division of Correction shall be to the Division of Correction and not to a particular institution.
(2) Commitments may provide for judicial transfer to the Division of Community Correction.
(b)(1) The Director of the Division of Correction, in accordance with the rules and procedures promulgated by the Board of Corrections shall transfer an inmate to the Division of Community Correction, pursuant to a judicial transfer, or assign a newly committed inmate to an appropriate facility of the Division of Correction.
(2) The director may transfer an inmate from one (1) facility to another consistent with the commitment and in accordance with treatment, training, and security needs.
(3) Inmates may be transferred between the Division of Correction and the Division of Community Correction within the constraints of law applicable to judicial transfer, subject to the policies, rules, and regulations established by the Board of Corrections, and conditions set by the Parole Board.
(4) The Division of Correction shall retain legal custody of all inmates transferred to community correction unless altered by court order.
(c)(1) When a prisoner is committed to the Division of Correction, his or her commitment papers must include a report on the circumstances attending the offense, particularly such circumstances as tend to aggravate or extenuate the offense, which report shall be kept in the permanent file of such prisoner.
(2) The report shall be prepared by the prosecutor or deputy prosecutor who represented the state in the proceeding against the prisoner. The report shall be approved by the sentencing judge.
(d)(1) A county sheriff, a deputy county sheriff, or a trained security contractor shall transport all inmates committed to the Division of Correction or the Division of Community Correction as described in this subsection, and the county sheriff is entitled to the fees provided by law.
(2) A county sheriff shall notify the director of the number of inmates in his or her charge who are under commitment to the Division of Correction, and upon request to the county sheriff by the director, the county sheriff, the deputy county sheriff, or the trained security contractor shall send for, take charge of, and safely transport the inmates to the nearest appropriate facility as determined by the Division of Correction or the Division of Community Correction.
(3) However, if the county sheriff determines that it would be in the best interest of an inmate and the public to immediately transport the inmate to the Division of Correction or the Division of Community Correction because of overcrowding or another issue, the county sheriff may notify the Division of Correction or the Division of Community Correction of the need for immediate transport and the Division of Correction or the Division of Community Correction shall consider the request in scheduling inmates for intake.
(e)(1) The director shall make and preserve a full and complete record of every inmate committed to the Division of Correction, along with a photograph of the inmate and data pertaining to his or her trial conviction and past history.
(2)(A) To protect the integrity of records described in subdivision (e)(1) of this section and to ensure their proper use, it is unlawful to permit inspection of or disclose information contained in records described in subdivision (e)(1) of this section or to copy or issue a copy of all or part of a record described in subdivision (e)(1) of this section except:
(i) As authorized by rule;
(ii) By order of a court of competent jurisdiction; or
(iii) Records posted on the Division of Correction's website as required by § 12-27-145.
(B) A rule under subdivision (e)(2)(A) of this section shall provide for adequate standards of security and confidentiality of records described in subdivision (e)(1) of this section.
(3) For those inmates committed to the Division of Correction and judicially transferred to the Division of Community Correction, the preparation of a record described in subdivision (e)(1) of this section may be delegated to the Division of Community Correction pursuant to policies applicable to records transmission adopted by the Board of Corrections.
(4) A rule under subdivision (e)(2)(A) of this section may authorize the disclosure of information contained in a record described in subdivision (e)(1) of this section for research purposes.
(5)(A)(i) Upon written request, an employee of the Bureau of Legislative Research acting on behalf of a member of the General Assembly may view all records described in subdivision (e)(1) of this section of a current or former inmate.
(ii) A request under subdivision (e)(5)(A)(i) of this section shall be made in good faith.
(B) A view of records under this subdivision (e)(5) by an employee may be performed only if the employee is assigned to one (1) or more of the following committees:
(i) Senate Committee on Judiciary;
(ii) House Committee on Judiciary; or
(iii) Charitable, Penal, and Correctional Institutions Subcommittee of the Legislative Council.
(C) The Division of Correction shall ensure that the employee authorized under subdivision (e)(5)(B) of this section to view records is provided access to the records.
(D) A record requested to be viewed under this subdivision (e)(5) is privileged and confidential and shall not be shown to any person not authorized to have access to the record under this section and shall not be used for any political purpose, including without limitation political advertising, fundraising, or campaigning.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-27-145. Records to be posted on a public website — Definition.
(a) To the extent permitted by federal law, the Division of Correction shall post on the Division of Correction's website the following information concerning an inmate:
(1) The offense and sentence for any conviction for which the inmate is incarcerated, including:
(A) Whether the inmate is subject to a suspended sentence, if known; and
(B) The terms of the suspended sentence, if applicable;
(2)(A)(i) Beginning July 1, 2015, the disciplinary record for each inmate.
(ii) As used in this subsection, “disciplinary record” means a list of each major disciplinary violation after July 1, 2015, for which the inmate has been found guilty.
(B) Additionally, the list and the date of major disciplinary violations for which the inmate was found guilty shall be displayed during the period the inmate is being considered for transfer to parole;
(3)(A) Risk assessment scores completed after April 1, 2015.
(B) Risk assessment scores under this subdivision (a)(3) shall include the name of the state agency that completed the risk assessment, the date the risk assessment was conducted, and the level of assessment.
(C) Information by the Division of Correction regarding how risk assessments are scored shall also be posted;
(4) Custody status and level;
(5) Any known aliases;
(6) A current photograph of the inmate;
(7) A complete felony conviction summary to the extent that information is available to the Division of Correction;
(8) To the extent the information is available to the Division of Correction, if an order of protection, no contact order, or other order from an in-state or out-of-state court that prohibits contact or communication with another person is in place;
(9) Any programs com
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-27-145
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-27-145. This identifies an authority to review, not proof of applicability.