§ 12-27-125 — Division of Community Correction - Creation - Powers and duties

Arkansas § 12-27-125

• Jurisdiction: Arkansas
• Title: 12

Text

(a) There is established, under the supervision, control, and direction of the Board of Corrections, a Division of Community Correction. (b) The Division of Community Correction shall have the following functions, powers, and duties, administered in accordance with the policies and rules promulgated by the Board of Corrections: (1) It shall assume management and control over all properties, both real and personal, facilities, books, records, equipment, supplies, materials, contracts, funds, moneys, equities, and all other properties belonging to the Arkansas Adult Probation Commission [abolished], and all such properties transferred from the Department of Correction, as the Division of Correction was known as prior to July 1, 2019, by the Board of Corrections; (2) (A) It shall have management and control over all community correction services. (B) It shall have management and control over all community correction facilities within the purview of the Board of Corrections existing on or created after July 1, 1993; (3) It shall employ such officers, employees, and agents and shall secure such offices and quarters as deemed necessary to discharge the functions of the Division of Community Correction, and which are appropriately funded; (4) It may establish and operate regional community correction facilities if funds for the regional community correction facilities have been authorized and appropriated by the General Assembly; (5) (A) It may exercise all legally sanctioned supervision and appropriate care over all offenders referred with proper documentation from the circuit courts and all offenders transferred with proper documentation from the Division of Correction pursuant to policies established by the Board of Corrections and conditions set by the Post-Prison Transfer Board. (B) Legal custody remains with the referring court or the Division of Correction; (6) It shall administer the provision of probation services for offenders processed through circuit courts; (7) It shall administer the provision of parole services in coordination with the Post-Prison Transfer Board and in cooperation with the Division of Correction; (8) It shall provide support services to the Post-Prison Transfer Board or its designated representatives as determined by the Post-Prison Transfer Board; (9) It shall assist the Board of Corrections in the furtherance of its goals by staffing the specific charges articulated for it through legislation and by the Board of Corrections; (10) It shall conduct statewide public education and training to foster the provision of correctional supervision and service in community settings; (11) It shall provide technical assistance when necessary to any entity, program, division, or agency receiving assistance or clients through the Division of Community Correction; (12) It shall facilitate the development of a comprehensive community correction plan through the provision of funding, criteria review, and ongoing evaluation to ensure the maintenance of quality in supervision and programming; (13) It may accept gifts, grants, and funds from both public and private sources with prior approval of the Board of Corrections; (14) It shall establish minimum standards for case loads, programs, facilities, and equipment and other aspects of the operation of community correction programs and facilities necessary for the provision of adequate and effective supervision and service; (15) It shall establish minimum standards for the employment of community correction employees; (16) It shall establish programs of research, evaluation, statistics, audit, and planning, including studies and evaluation of the performance of various functions and activities of the Department of Corrections and studies affecting the treatment of offenders and information about other programs; (17) (A) It may receive and disburse moneys ordered to be paid by offenders pursuant to statutory economic sanctions. (B) It may receive fees to be levied by the courts or authorized by the Board of Corrections for participation in specified programs and to be paid by offenders on community correction. (C) The payment of such sanctions and fees may be a condition of probation, parole, post-release supervision, or 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; (18) It may cooperate and contract with the federal government, with governmental agencies of Arkansas and other states, with political subdivisions of Arkansas, and with private contractors to provide and improve community correction options; (19) It may inspect and evaluate any community correction site and conduct audits of financial and service records at any reasonable time to determine compliance with the Board of Corrections' rules and standards; (20) (A) It shall maintain a full and complete record of each offender under its supervision. (B) (i) To protect the integrity of a record described in subdivision (b)(20)(A) of this section and to ensure its proper use, it is unlawful to permit inspection of or disclose information contained in a record described in subdivision (b)(20)(A) of this section or to copy or issue a copy of any part of the record except: (a) As authorized by administrative rule; (b) By order of a court of competent jurisdiction; or (c) Records posted on the Division of Community Correction's website as required by § 12-27-145 . (ii) The rules under subdivision (b)(20)(B)(i) (a) shall provide for adequate standards of security and confidentiality of a record described in subdivision (b)(20)(A) of this section; (21) Subject to availability of funds, it shall employ officers, employees, and agents and secure sufficient offices for monitoring each sex offender on parole, post-release supervision, or probation who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a risk Level 3 or Level 4 offender; and (22) (A) It may issue an arrest warrant for the arrest of any person who, while in its custody, unlawfully escapes from the Division of Community Correction. (B) The arrest warrant shall authorize: (i) All law enforcement officers of this state to take into custody and return the person named in the arrest warrant to the custody of the Division of Community Correction or the Division of Correction; and (ii) All law enforcement officers of this state, any other state, or the federal government to take into custody and detain the person in a suitable detention facility while awaiting further transfer to the Division of Community Correction or the Division of Correction.

Legislative History

Amended by Act 2023, No. 659,§ 87, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 86, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 85, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 84, eff. 1/1/2024. Amended by Act 2019, No. 315,§ 886, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 743, eff. 7/1/2019. Amended by Act 2015, No. 145,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1265,§ 6, eff. 4/8/2015. Amended by Act 2015, No. 145,§ 2, eff. 7/22/2015. Acts 1993, No. 549, § 7; 1997, No. 280, § 1; 2006 (1st Ex. Sess.), No. 4, § 8.