§ 12-29-118 — Punitive isolation or solitary confinement of inmates who are minors - Definitions

(a) As used in this section: (1) "Minor" means a person who is under eighteen (18) years of age; (2) "Punitive isolation" means the placement of a minor in a location that is separate from the general population as a punishment; and (3) "Solitary confinement" means the isolation of a minor in a cell separate from the general population as a punishment. (b) A minor who is an inmate at a state correctional facility shall not be placed in punitive isolation or solitary confinement as a disciplinary measure for more than twenty-four (24) hours unless the: (1) Placement of the minor in punitive isolation or solitary confinement is due to: (A) A physical or sexual assault committed by the minor while in the state correctional facility; (B) Conduct of the minor that poses a direct threat to the safety of a person or a clear threat to the safe and secure operation of the state correctional facility; or (C) The minor escaping or attempting to escape from the state correctional facility; and (2) (A) Warden of the state correctional facility or his or her designee provides written authorization to place the minor in punitive isolation or solitary confinement for more than twenty-four (24) hours. (B) The warden of the state correctional facility or his or her designee shall provide the written authorization described in subdivision (b)(2)(A) of this section for every twenty-four-hour period during which the minor remains in punitive isolation or solitary confinement after the initial twenty-four (24) hours. (c) The Board of Corrections shall retain the authority to govern and supervise the administration of the responsibilities of the board before July 24, 2019, including without limitation the administration of the state penal institutions under Arkansas Constitution, Amendment 33.

Legislative History

Amended by Act 2021, No. 472,§ 7, eff. 7/28/2021. Added by Act 2019, No. 971,§ 2, eff. 7/24/2019.