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12-41-202. Authority to contract — Prerequisites.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-41-202. Authority to contract — Prerequisites.
(a) A county in this state and a municipality in that county, both located on the state line, may contract with an adjoining county and any municipality in that county located on the other side of the state line for the joint construction, financing, operation, and management of a justice center to be located on the state line.
(b) A county and a municipality in this state may contract with a county and a municipality in an adjoining state as provided by subsection (a) of this section and § 12-41-204 only if the other state enacts legislation relating to the establishment of a justice center pursuant to a contract as provided in those sections that:
(1) Provides for joint responsibility of the county sheriffs of the two (2) counties over the operation of a jail, lockup, or other detention facility in the center and persons in custody in the facility or for the hiring of a jailer with those responsibilities;
(2) Provides for the application and enforcement of the law of both states in the manner provided by § 12-41-206;
(3) Provides that a person in custody in the center under Arkansas law may be prosecuted for an offense against Arkansas law without extradition of that person, as provided by § 12-41-208;
(4) Provides that a person in custody in the center under Arkansas law may not be prosecuted for an offense against the law of the other state without extradition of that person or personally served with process in the center for a proceeding in the other state;
(5) Provides that a person summoned to appear in the center under Arkansas law may not be personally served with process in any part of the center for a proceeding in the other state and may be arrested in any part of the center for an offense again
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-41-202
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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Record provenance
Stable record: arkansas_code:legal_authorities:12-41-202
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2aa3e46484900aef0da70bdd04059bf6cc7141b9a2c04440b8607b612f71f4a1
Source location: content.xml paragraph 14738
Stored source content
12-41-202. Authority to contract — Prerequisites.
(a) A county in this state and a municipality in that county, both located on the state line, may contract with an adjoining county and any municipality in that county located on the other side of the state line for the joint construction, financing, operation, and management of a justice center to be located on the state line.
(b) A county and a municipality in this state may contract with a county and a municipality in an adjoining state as provided by subsection (a) of this section and § 12-41-204 only if the other state enacts legislation relating to the establishment of a justice center pursuant to a contract as provided in those sections that:
(1) Provides for joint responsibility of the county sheriffs of the two (2) counties over the operation of a jail, lockup, or other detention facility in the center and persons in custody in the facility or for the hiring of a jailer with those responsibilities;
(2) Provides for the application and enforcement of the law of both states in the manner provided by § 12-41-206;
(3) Provides that a person in custody in the center under Arkansas law may be prosecuted for an offense against Arkansas law without extradition of that person, as provided by § 12-41-208;
(4) Provides that a person in custody in the center under Arkansas law may not be prosecuted for an offense against the law of the other state without extradition of that person or personally served with process in the center for a proceeding in the other state;
(5) Provides that a person summoned to appear in the center under Arkansas law may not be personally served with process in any part of the center for a proceeding in the other state and may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense without extradition of the person if the person is physically present in any part of the center or in Arkansas at the time of the prosecution, as provided by § 12-41-209;
(6) Provides that a person summoned to appear in the center under Arkansas law may not be arrested in any part of the center for an offense against the law of the other state;
(7) Provides that center personnel or a peace officer of either state may transfer across the state line in the center a person in custody in the center under the law of either state and may exercise control over that person on both sides of the state line in the center, as provided by § 12-41-208;
(8) Provides that a person in the center who is not confined in the center, taken to the center under arrest, or summoned to appear in the center, may be arrested in any part of the center for an offense against the laws of either state without extradition of that person, and that extradition of a person who was arrested in the center under those circumstances is not required in order for the person to be prosecuted for an offense against the law of either state if the person is physically present in any part of the center or the state of the prosecution at the time of the prosecution, as provided by § 12-41-208;
(9) Authorizes a peace officer of either state, under Arkansas law, to arrest a person in any part of the center for an offense against Arkansas law if a peace officer of Arkansas would be authorized to make that arrest in the part of the center in Arkansas as provided by § 12-41-210; and
(10) Authorizes a peace officer of either state, under the law of the other state, to arrest a person in any part of the center for an offense against the law of the other state if a peace officer of the other state would be authorized to make that arrest in the part of the center in the other state, as provided by § 12-41-210.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-41-204. Financing.
(a) The governing body of a municipality or county contracting, as provided by §§ 12-41-202 and 12-41-203, may finance its share of the construction, financing, operation, or management of the justice center by any means that it could finance the type of facilities in the center to be used or provided by the municipality or county.
(b) The contract may take advantage of the availability of federal funds to finance any part of the center.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-41-204
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 12-41-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-41-206. Determination of applicable law.
(a)(1) Except as otherwise provided by this subchapter, the law of both states regarding rights, duties, liabilities, privileges, and immunities arising from conduct applies to conduct in any part of the justice center.
(2) If, however, it is impossible for a person to conform his or her conduct in the center to the law of both states, that person may choose which state's law governs that conduct.
(3) If a person chooses to conform his or her conduct in the center to the law of the other state, the conflicting law of this state does not apply to that conduct.
(b) The physical plant of the center and equipment and facilities used by personnel of both states employed at the center are constructively present in both states.
(c) Except as provided by subsection (d) of this section, property in any part of the center that is owned by or in the possession of a person in custody or summoned to appear in the center is constructively present in the state under the law of which the person was taken into custody or summoned to appear.
(d)(1) Possession of property that constitutes an offense committed in the center is conduct to which subsection (a) of this section applies.
(2) A person's exercise of a duty in regard to property in the center is conduct to which subsection (a) of this section applies.
(e) Property that is ordered by a court to be produced in the center or that is in the possession of a peace officer or a party to a proceeding for use as evidence before a court holding a proceeding in the center is constructively present in the state of the court.
(f) Property in the center that is not covered by subsection (c), subsection (d), or subsection (e) of this section is constructively present in both states.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-41-206
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 12-41-206. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-41-208. Extradition and transfer.
(a) Arkansas agrees that a person who is in the justice center in the custody of a peace officer or center personnel under the law of the other state may be:
(1) Prosecuted for an offense against the law of the other state without extradition of that person; and
(2) Personally served with process in any part of the center for a proceeding in the other state.
(b) Center personnel or a peace officer of either state may transfer across the state line in the center a person in custody in the center under the law of either state and may exercise control over that person on both sides of the state line in the center.
(c)(1) A person in the center who has not been confined in the center, taken to the center under arrest or summoned to appear in the center, may be arrested in any part of the center for an offense against the law of either state without extradition of that person.
(2) Extradition of a person who was arrested in the center under those circumstances is not required in order to prosecute the person for an offense against the law of either state if the person is physically present in any part of the center or the state of the prosecution at the time of the prosecution.
(d) Notwithstanding any law to the contrary, the Governor of this state may recognize a demand for the extradition of a person charged with a crime in the other state if the demand alleges that any element of the offense occurred in any part of the center.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-41-208
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 12-41-208. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-41-209. Service of process.
(a)(1) A person who is summoned to appear in the justice center under Arkansas law:
(A) Is constructively present in Arkansas while that person is appearing under the summons in the part of the center in the other state;
(B) Without extradition, may be arrested in any part of the center for an offense against Arkansas law and prosecuted for that offense if that person is physically present in any part of the center or in Arkansas at the time of the prosecution; and
(C) May be personally served with process in any part of the center for a proceeding in Arkansas.
(2) A person who is summoned to appear in the center under the law of the other state:
(A) Is constructively present in the other state while that person is appearing under the summons in the part of the center in Arkansas;
(B) Without extradition, may not be arrested under Arkansas law in any part of the center for an offense against Arkansas law; and
(C) May not be personally served with process in any part of the center for a proceeding in Arkansas.
(b)(1) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be arrested in any part of the center for an offense against the law of the other state and prosecuted for that offense without extradition if that person is physically present in any part of the center or the other state at the time of the prosecution.
(2) Arkansas agrees that a person who is summoned to appear in the center under the law of the other state may be personally served with process in any part of the center for a proceeding in the other state.
(c)(1) If a person in the center is constructively present in one (1) state under this section, the law of the state in which the person is not co
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-41-209
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 12-41-209. This identifies an authority to review, not proof of applicability.