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12-42-106. Contracts with other counties, cities, or towns — Liability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-42-106. Contracts with other counties, cities, or towns — Liability.
(a)(1) The county court or the county judge thereof in vacation, or the mayor of any city or incorporated town, when authorized to do so by an ordinance duly adopted by the city or town council or other governing body of the municipality, is authorized and empowered to make a contract with any other county, city, or town for the maintenance, safekeeping, and working of inmates committed to county or city jails except inmates awaiting trial.
(2) The county court, county judge, or mayor may make such contract as deemed in the best interests of the county, city, or incorporated town.
(b) For the purpose of making a contract to effectuate the provisions of this section and §§ 12-42-102, 12-42-104, 12-42-105, and 12-42-107, the county court or county judge of any county, and the mayor, with the approval of the city or town council, or other governing body of any municipality, is vested with plenary power.
(c) Any county, city, or town contracting for the safekeeping of inmates under the provisions of this section and §§ 12-42-102, 12-42-104, 12-42-105, and 12-42-107, shall obligate itself to furnish the inmates with good and wholesome food, comfortable clothing, and medicine when sick and shall not require them to work at unreasonable hours or for a longer time during any one (1) day than other laborers doing the same kind of labor are accustomed to do.
(d) A county sheriff, constable, mayor, or other officer to whom a person is committed for imprisonment to serve a sentence imposed for a misdemeanor or petty offense or in default of the payment of fine and costs therefor shall not be responsible for the health, safety, or welfare of the person if the county sheriff, constable, mayor, or other
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-42-106
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:12-42-106
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 032ea1983f426cac7a30ab41b5802a4b3c1894fb54dd242384dda336d8958908
Source location: content.xml paragraph 15697
Stored source content
12-42-106. Contracts with other counties, cities, or towns — Liability.
(a)(1) The county court or the county judge thereof in vacation, or the mayor of any city or incorporated town, when authorized to do so by an ordinance duly adopted by the city or town council or other governing body of the municipality, is authorized and empowered to make a contract with any other county, city, or town for the maintenance, safekeeping, and working of inmates committed to county or city jails except inmates awaiting trial.
(2) The county court, county judge, or mayor may make such contract as deemed in the best interests of the county, city, or incorporated town.
(b) For the purpose of making a contract to effectuate the provisions of this section and §§ 12-42-102, 12-42-104, 12-42-105, and 12-42-107, the county court or county judge of any county, and the mayor, with the approval of the city or town council, or other governing body of any municipality, is vested with plenary power.
(c) Any county, city, or town contracting for the safekeeping of inmates under the provisions of this section and §§ 12-42-102, 12-42-104, 12-42-105, and 12-42-107, shall obligate itself to furnish the inmates with good and wholesome food, comfortable clothing, and medicine when sick and shall not require them to work at unreasonable hours or for a longer time during any one (1) day than other laborers doing the same kind of labor are accustomed to do.
(d) A county sheriff, constable, mayor, or other officer to whom a person is committed for imprisonment to serve a sentence imposed for a misdemeanor or petty offense or in default of the payment of fine and costs therefor shall not be responsible for the health, safety, or welfare of the person if the county sheriff, constable, mayor, or other officer shall deliver the person to any county, city, or town other than that of which the former is an officer, pursuant to a contract for the maintenance, safekeeping, and working of inmates authorized by statute.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-42-102. Penalties.
A person who uses the work of a prisoner or enters into a contract to lease and use the work of a prisoner convicted of a misdemeanor in violation of §§ 12-42-104 — 12-42-107 upon conviction is guilty of an unclassified misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and may be imprisoned not exceeding ninety (90) days.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-42-102
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 12-42-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-42-104. Leasing procedure exclusive.
It shall be unlawful for any county judge or mayor of any city or incorporated town or any person to lease or contract for the lease of any prisoner convicted of a misdemeanor, whether a violation of the laws of the state or ordinance of any municipality, except as provided in this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-42-104
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 12-42-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-42-105. Workhouses and public works.
(a) Any person who may be convicted of a misdemeanor or petty offense by any court in this state and who shall be committed to jail to serve a sentence imposed by any court of competent jurisdiction or who shall be in default of the payment of the fine and costs adjudged against him or her may be required to discharge the sentence or fine and costs by manual labor in any workhouse, farm, street, road, bridge, or other public work in the county where the conviction and committal occurred.
(b) However, the workhouse, farm, road, street, bridge, or other public work shall be owned, operated, or conducted by the State of Arkansas, any county thereof, or a city or incorporated town within the State of Arkansas.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-42-105
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 12-42-105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-42-107. Procedure when satisfactory contract cannot be made.
(a)(1) If the county court or county judge thereof in vacation, or the mayor of any city or incorporated town, is unable to make a satisfactory contract with some county, city, or incorporated town, or if the contract does not necessarily, by its terms, cover all persons committed to jail to serve a sentence or in default of the payment of a fine and costs adjudged against him or her, in the county or city where the conviction is had, then the county court or county judge thereof may order the prisoners to be worked.
(2) The prisoners may be worked on the public roads, bridges, levees, or any other public improvement of the county or may perform any other lawful labor for the benefit of the county.
(b) The city or town council or the governing body of any municipality or the mayor thereof may order the prisoners worked on any public streets, alleys, public buildings, public parks, or any other public improvements of the city or may order them to perform any other lawful labor for the benefit of the city, under such rules and regulations not inconsistent with the provisions of this section or §§ 12-42-102 and 12-42-104 — 12-42-106, as the county court or county judge thereof, or the mayor and governing body of any municipality thereof may prescribe.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-42-107
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 12-42-107. This identifies an authority to review, not proof of applicability.