Arkansas Legal Resource Navigator

25-43-402. State entities transferred to Department of Corrections.

Arkansas Code — all titles (historical 2020) · legal_authorities

25-43-402. State entities transferred to Department of Corrections.

25-43-402. State entities transferred to Department of Corrections. (a) The administrative functions of the following state entities are transferred to the Department of Corrections by a cabinet-level department transfer: (1) The Arkansas Sentencing Commission, created under § 16-90-802; (2) The Corrections School System, created under § 12-29-301; (3) The criminal detention facility review committees, under § 12-26-101; (4) The Department of Community Correction, created under § 12-27-124, and now to be known as the “Division of Community Correction”; (5) The Department of Correction, created under § 12-27-101, and now to be known as the “Division of Correction”; (6) The Office of Criminal Detention Facilities, created under § 12-26-103; (7) The Parole Board, created under § 16-93-201; and (8) The State Council for Interstate Commission for Adult Offender Supervision, created under § 12-51-104. (b) Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Corrections under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Corrections under subsection (a) of this section. (c) Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Corrections under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Corrections in the same manner as before the creation of the cabinet-level department.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-43-402

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:25-43-402
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 102065acfc29ecc887d7e0c7c2c11f9d26e010c84d2bfded297bfc94efb702ac

Source location: content.xml paragraph 11996

Stored source content

25-43-402. State entities transferred to Department of Corrections. (a) The administrative functions of the following state entities are transferred to the Department of Corrections by a cabinet-level department transfer: (1) The Arkansas Sentencing Commission, created under § 16-90-802; (2) The Corrections School System, created under § 12-29-301; (3) The criminal detention facility review committees, under § 12-26-101; (4) The Department of Community Correction, created under § 12-27-124, and now to be known as the “Division of Community Correction”; (5) The Department of Correction, created under § 12-27-101, and now to be known as the “Division of Correction”; (6) The Office of Criminal Detention Facilities, created under § 12-26-103; (7) The Parole Board, created under § 16-93-201; and (8) The State Council for Interstate Commission for Adult Offender Supervision, created under § 12-51-104. (b) Unless otherwise provided by law, a cabinet-level department transfer under subsection (a) of this section includes all state entities under a state entity transferred to the Department of Corrections under subsection (a) of this section, including without limitation a division, office, program, or other unit of a state entity transferred to the Department of Corrections under subsection (a) of this section. (c) Unless otherwise provided by law, a state entity whose administrative functions have been transferred to the Department of Corrections under subsection (a) of this section shall otherwise continue to exercise the duties of the state entity under the administration of the cabinet-level Department of Corrections in the same manner as before the creation of the cabinet-level department.

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Arkansas Code — all titles (historical 2020) · legal_authorities

12-26-101. Policy — Purpose of chapter.

12-26-101. Policy — Purpose of chapter. (a) It is declared to be the policy of the State of Arkansas that all criminal detention facilities and juvenile detention facilities within the counties of the state shall conform to certain minimum standards of construction, maintenance, and operation. (b) It is the purpose of this chapter to implement this policy by establishing a criminal detention facility review committee within each of the criminal detention facility review committee districts of the state with the authority and responsibility to administer the provisions of this chapter and other laws enacted relating to standards for criminal detention facilities and juvenile detention facilities.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-26-101

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 12-26-101. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-27-124. Purposes and construction of the Division of Community Correction.

12-27-124. Purposes and construction of the Division of Community Correction. (a)(1) The purpose of this act is to establish a Division of Community Correction that shall assume the management of all community correction facilities and services, execute the orders of the criminal courts of the State of Arkansas, and provide for the supervision, treatment, rehabilitation, and restoration of adult offenders as useful law-abiding citizens within the community. (2) The division shall be under the supervision and control of the Board of Corrections. (3) To accomplish the objectives and purposes of this act in an effective, coordinated, and uniform manner, the division shall be responsible for the administration of all community correction facilities, services, and means of supervision, including probation and parole or any type of post-prison release or transfer. (4) Facilities and services shall be diversified in program, construction, and staff to provide effectually and efficiently for the maximum care, supervision, and treatment of those persons accessing the division. (b) This act shall be liberally construed so as to effectuate its purposes.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-27-124

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 12-27-124. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-29-301. School system created.

12-29-301. School system created. (a) Properties owned by the State of Arkansas and occupied by the various units of the Division of Correction and the Division of Community Correction are by this subchapter designated as a qualified school district to be known as the “Corrections School System”. (b) The system is created for the purpose of providing elementary, secondary, and vocational and technical education to qualified persons incarcerated in facilities of the Division of Correction and the Division of Community Correction or to qualified persons supervised by the Division of Community Correction, including those on probation and parole or any type of post-prison release or transfer who are not high school graduates, irrespective of age. (c) The Board of Corrections shall act as the Board of Directors of the Corrections School System. (d)(1) The system's chief administrative officer shall be under the direct authority of the Board of Directors of the Corrections School System. (2) Subject to the approval of the Board of Directors of the Corrections School System, the chief administrative officer or superintendent of the system shall have supervisory authority over the employees of the system, including, but not limited to, assistant superintendents, principals, and teachers.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-29-301

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 12-29-301. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-90-802. The Arkansas Sentencing Commission.

16-90-802. The Arkansas Sentencing Commission. (a) There is hereby created the Arkansas Sentencing Commission, the purpose of which is to evaluate the effect of sentencing laws, policies, and practices on the criminal justice system, to make appropriate and necessary revision to the sentencing standards, and to make recommendations to the General Assembly on proposed changes of sentencing laws, policies, and practices. (b)(1) The commission shall be composed of nine (9) voting members and two (2) advisory members. (2)(A) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the Senate Committee on Judiciary. (B) One (1) advisory member shall be appointed by and serve at the pleasure of the Chair of the House Committee on Judiciary. (3) The voting members of the commission shall be composed of: (A) Three (3) circuit judges; (B) Two (2) prosecuting attorneys; (C) Two (2) public defenders or private attorneys whose practices consist primarily of criminal defense work; and (D) Two (2) private citizen members. (c)(1)(A) The Governor shall appoint the voting members of the commission. (B) All voting members shall serve for a term of five (5) years, unless they resign or are removed. Members shall serve until their replacements are appointed. Vacancies occurring before the expiration of a term shall be filled in the manner provided for members first appointed. (2) The Governor shall select a chair to serve at his or her will. (3) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (d) In furtherance of its purpose, the commission shall have the following powers and duties: (1)(A) The commission shall adopt an initial sentencing standards grid and an offen

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-802

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 16-90-802. This identifies an authority to review, not proof of applicability.