§ 12-27-105 — Board's powers and duties

Arkansas § 12-27-105

• Jurisdiction: Arkansas
• Title: 12

Text

(a) The purpose of the Board of Corrections is to manage correctional resources in the state such that offenders are held accountable for their actions, victims' needs are addressed in a positive manner, and the safety of society is enhanced. (b) In furtherance of its purpose, the Board of Corrections shall have the following powers and duties: (1) (A) General supervisory power and control over the Division of Correction and the Division of Community Correction and shall perform all functions with respect to the management and control of the adult correctional institutions and community correction options of this state contemplated by Arkansas Constitution, Amendment 33. (B) No provision of this act shall abridge, diminish, or curtail in any respect the authority vested in the Board of Corrections as the successor to the State Penitentiary Board and the Arkansas Adult Probation Commission to govern and supervise the administration of the state penal institutions and community correction options; (2) To coordinate resources for the corrections system, in conjunction with sentencing policy developed by the Arkansas Sentencing Commission, in a fashion that best serves the needs of the state, the entities encompassed, and the individuals served by and affected by corrections; (3) To review and approve budgets submitted by the Division of Correction and the Division of Community Correction prior to submission for executive and legislative approval; (4) To develop and approve policy and management decisions for the Division of Correction and the Division of Community Correction, evaluating their impact on corrections as a whole; (5) To assist in the development of impact statements and recommendations on all existing and proposed legislation with regard to its effect on corrections as a whole, in cooperation and coordination with the commission; (6) To coordinate the implementation and continued utilization of community correction options in support of sentencing policies developed by the commission; (7) To investigate, monitor, and address the needs of the state for adequate housing, treatment, and employment of individuals involved in state-funded correctional programs, facilities, and states of supervision; (8) To establish programs of research, statistics, and planning, including studies and evaluation of the performance of the various functions and activities of the Board of Corrections, in cooperation and coordination with the commission; (9) Appoint temporary or permanent advisory committees for such purposes as it may determine; (10) (A) Authorized and empowered to investigate, consider, and determine the needs of the state for adequately housing, treating, and employing prisoners of the state and to provide adequate facilities for such housing, treatment, and employment. (B) The Board of Corrections is authorized and empowered to obtain and approve plans and specifications for the necessary buildings and plants to meet such needs and to provide for the construction and equipment of such buildings and plants; (11) By and with the advice and approval of the Governor, at its discretion to close the operation of any penal institution if it deems such action necessary and more economical; (12) To establish minimum standards for supervision, contact, programming, housing, and employee hiring within the parameters of those divisions encompassed under its control; (13) To establish a code of ethics for all employees, both institutional and community correction; (14) To require and review annual audits of appropriate programs and facilities associated with the Board of Corrections; (15) To prescribe the duties of all personnel of the Division of Correction and the Division of Community Correction and the rules governing the transfer of employees within each division and between divisions; (16) Authorized to review, approve, make application for, and accept grants, gifts, and funds from any entity on behalf of any entity encompassed within the control of the Board of Corrections in carrying out and completing such projects as may be approved for the enumerated purposes and projects of this section; (17) (A) Authorized to establish fees to be levied by the courts and paid by probationers during the probationary period. (B) The Board of Corrections may also establish fees found necessary for participation in any community correction program or service. (C) The payment of such sanctions and fees may be a condition of probation, parole, post-release supervision, post-prison transfer, or attached to admission and participation in a community correction program. (D) The moneys collected shall be deposited into an earmarked account at the state level to be used solely for the continuation and expansion of community correction in this state. (E) Economic sanction officers are to be authorized by the Division of Community Correction to perform these duties pursuant to policies and procedures adopted by the Board of Corrections and in accord with any state statutory accounting requirements; and (18) To delegate duties to Board of Corrections staff and division staff as necessary and appropriate to fulfill its responsibilities to the state.

Legislative History

Amended by Act 2023, No. 659,§ 77, eff. 1/1/2024. Amended by Act 2019, No. 315,§ 881, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 738, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 737, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 736, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 735, eff. 7/1/2019. Amended by Act 2013, No. 1277,§ 2, eff. 8/16/2013. Acts 1933, No. 30, § 28; Pope's Dig., §§ 12695, 12775, 12776; Acts 1937, No. 140, §§ 2, 3; 1945, No. 13, §§ 2, 3; 1968 (1st Ex. Sess.), No. 50, § 2; 1975, No. 378, § 12; A.S.A. 1947, §§ 46-101, 46-108 -- 46-110; Acts 1993, No. 549, § 4.