§ 12-27-113 — Commitments to the Division of Correction - Records

Arkansas § 12-27-113

• Jurisdiction: Arkansas
• Title: 12

Text

(a) (1) All commitments to the Division of Correction shall be to the Division of Correction and not to a particular institution. (2) Commitments may provide for judicial or administrative transfer to the Division of Community Correction. (b) (1) The Director of the Division of Correction, in accordance with the rules and procedures promulgated by the Board of Corrections, shall transfer an inmate to the Division of Community Correction, pursuant to a judicial transfer, determine the administrative transfer of an inmate to the Division of Community Correction, or assign a newly committed inmate to an appropriate facility of the Division of Correction. (2) The director may transfer an inmate from one (1) facility to another consistent with the commitment and in accordance with treatment, training, and security needs. (3) Inmates may be transferred between the Division of Correction and the Division of Community Correction within the constraints of law applicable to judicial or administrative transfer, subject to the policies and rules established by the Board of Corrections and conditions set by the Post-Prison Transfer Board. (4) The Division of Correction shall retain legal custody of all inmates transferred to community correction unless altered by court order. (c) (1) When a prisoner is committed to the Division of Correction, his or her commitment papers must include a report on the circumstances attending the offense, particularly such circumstances as tend to aggravate or extenuate the offense, which report shall be kept in the permanent file of such prisoner. (2) The report shall be prepared by the prosecutor or deputy prosecutor who represented the state in the proceeding against the prisoner. The report shall be approved by the sentencing judge. (d) (1) A county sheriff, a deputy county sheriff, or a trained security contractor shall transport all inmates committed to the Division of Correction or the Division of Community Correction as described in this subsection, and the county sheriff is entitled to the fees provided by law. (2) A county sheriff shall notify the director of the number of inmates in his or her charge who are under commitment to the Division of Correction, and upon request to the county sheriff by the director, the county sheriff, the deputy county sheriff, or the trained security contractor shall send for, take charge of, and safely transport the inmates to the nearest appropriate facility as determined by the Division of Correction or the Division of Community Correction. (3) However, if the county sheriff determines that it would be in the best interest of an inmate and the public to immediately transport the inmate to the Division of Correction or the Division of Community Correction because of overcrowding or another issue, the county sheriff may notify the Division of Correction or the Division of Community Correction of the need for immediate transport and the Division of Correction or the Division of Community Correction shall consider the request in scheduling inmates for intake. (e) (1) The director shall make and preserve a full and complete record of every inmate committed to the Division of Correction, along with a photograph of the inmate and data pertaining to his or her trial conviction and past history. (2) (A) To protect the integrity of records described in subdivision (e)(1) of this section and to ensure their proper use, it is unlawful to permit inspection of or disclose information contained in records described in subdivision (e)(1) of this section or to copy or issue a copy of all or part of a record described in subdivision (e)(1) of this section except: (i) As authorized by rule; (ii) By order of a court of competent jurisdiction; or (iii) Records posted on the Division of Correction's website as required by § 12-27-145 . (B) A rule under subdivision (e)(2)(A) of this section shall provide for adequate standards of security and confidentiality of records described in subdivision (e)(1) of this section. (3) For those inmates committed to the Division of Correction and judicially or administratively transferred to the Division of Community Correction, the preparation of a record described in subdivision (e)(1) of this section may be delegated to the Division of Community Correction pursuant to policies applicable to records transmission adopted by the Board of Corrections. (4) A rule under subdivision (e)(2)(A) of this section may authorize the disclosure of information contained in a record described in subdivision (e)(1) of this section for research purposes. (5) (A) (i) Upon written request, an employee of the Bureau of Legislative Research acting on behalf of a member of the General Assembly may view all records described in subdivision (e)(1) of this section of a current or former inmate. (ii) A request under subdivision (e)(5)(A)(i) of this section shall be made in good faith. (B) A view of records under this subdivision (e)(5) by an employee may be performed only if the employee is assigned to one (1) or more of the following committees: (i) Senate Committee on Judiciary; (ii) House Committee on Judiciary; or (iii) Charitable, Penal, and Correctional Institutions Subcommittee of the Legislative Council. (C) The Division of Correction shall ensure that the employee authorized under subdivision (e)(5)(B) of this section to view records is provided access to the records. (D) A record requested to be viewed under this subdivision (e)(5) is privileged and confidential and shall not be shown to any person not authorized to have access to the record under this section and shall not be used for any political purpose, including without limitation political advertising, fundraising, or campaigning.

Legislative History

Amended by Act 2023, No. 659,§ 81, eff. 1/1/2024. Amended by Act 2021, No. 55,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 55,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 885, eff. 7/24/2019. Amended by Act 2015, No. 1171,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1265,§ 5, eff. 4/8/2015. Amended by Act 2015, No. 895,§ 7, eff. 4/1/2015. Acts 1933, No. 30, § 13; Pope's Dig., § 12658; Acts 1968 (1st Ex. Sess.), No. 50, §§ 6, 19, 38; A.S.A. 1947, §§ 46-106 -- 46-106.2, 46-135; Acts 1989, No. 897, § 1; 1993, No. 549, § 6; 2001, No. 615, § 1.