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9-28-216. Separation of juvenile offenders — Rules — Review.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-216. Separation of juvenile offenders — Rules — Review.
(a) The Division of Youth Services shall promulgate rules to require the separation of juvenile offenders committed to a facility operated by the division based upon:
(1) The age of the juvenile offender;
(2) The seriousness of the crime or crimes committed by the juvenile offender; or
(3) Whether the juvenile offender has been adjudicated delinquent of a sex offense as defined under § 12-12-903.
(b) No rule pertaining to the separation of juvenile offenders promulgated hereafter by the division shall be effective until reviewed by the Legislative Council, the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and the Senate Interim Committee on Children and Youth, or appropriate subcommittees thereof, of the General Assembly.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-216
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:9-28-216
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2ee544f6b2381fdbe5bee547da16caf3e98ee39cf813a8ff85bf13c585e902ad
Source location: content.xml paragraph 20201
Stored source content
9-28-216. Separation of juvenile offenders — Rules — Review.
(a) The Division of Youth Services shall promulgate rules to require the separation of juvenile offenders committed to a facility operated by the division based upon:
(1) The age of the juvenile offender;
(2) The seriousness of the crime or crimes committed by the juvenile offender; or
(3) Whether the juvenile offender has been adjudicated delinquent of a sex offense as defined under § 12-12-903.
(b) No rule pertaining to the separation of juvenile offenders promulgated hereafter by the division shall be effective until reviewed by the Legislative Council, the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and the Senate Interim Committee on Children and Youth, or appropriate subcommittees thereof, of the General Assembly.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-903. Definitions.
As used in this subchapter:
(1) “Adjudication of guilt” or other words of similar import mean a:
(A) Plea of guilty;
(B) Plea of nolo contendere;
(C) Negotiated plea;
(D) Finding of guilt by a judge; or
(E) Finding of guilt by a jury;
(2)(A) “Administration of criminal justice” means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.
(B) “Administration of criminal justice” also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;
(3) “Aggravated sex offense” means an offense in the Arkansas Code substantially equivalent to “aggravated sexual abuse” as defined in 18 U.S.C. § 2241 as it existed on March 1, 2003, which principally encompasses:
(A) Causing another person to engage in a sexual act:
(i) By using force against that other person; or
(ii) By threatening or placing or attempting to threaten or place that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping;
(B) Knowingly:
(i) Rendering another person unconscious and then engaging in a sexual act with that other person; or
(ii) Administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or similar substance and thereby:
(a) Substantially impairing the ability of that other person to appraise or control conduct; and
(b) Engaging or attempting to engage in a sexual act with that other person; or
(C) Crossing a state line with intent to:
(i) Engage or attempt to engage in a sexual act with a person who has not attained twelve (12) yea
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-903
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 12-12-903. This identifies an authority to review, not proof of applicability.