§ 12-41-105 — Commissions from inmate telephone services and profits from inmate commissary services

(a) (1) (A) Commissions derived from inmate telephone services, if the inmate telephone service is provided by the county or regional detention facility, and profits earned from inmate commissary services provided in the various county and regional detention facilities in the state shall be deposited with the county treasurer of the county in which the county or regional detention facility is located. (B) The county treasurer shall credit the funds collected under subdivision (a)(1)(A) of this section to the county sheriff's office fund. (2) (A) The county sheriff's office fund is an agency fund defined by the County Financial Management System as a fund used to account for funds held by the county treasurer as an agent for a governmental unit until transferred by check or county court order to the county sheriff or other governmental unit for the intended uses of the funds. (B) The transfer of funds to the county sheriff or other governmental unit under this subsection is not subject to an appropriation by the quorum court or to the county claims process. (3) Arkansas Legislative Audit shall review actions described in this subsection for substantial compliance with this section. (b) (1) Of the commissions and profits deposited into the county sheriff's office fund in each county under subsection (a) of this section, one hundred percent (100%) shall be credited to the county sheriff's office communications facility and equipment fund under § 21-6-307 . (2) Each county sheriff's office shall allocate for the maintenance and operation of the county jail up to seventy-five percent (75%) of the commissions and profits deposited into the county sheriff's office communications facility and equipment fund. (c) This section does not apply to funds derived from inmate telephone services or inmate commissary services provided in Division of Correction facilities or Division of Community Correction facilities or in municipally owned detention facilities or in county detention facilities in counties with a population of one hundred seventy-five thousand (175,000) or more according to the latest federal decennial census. (d) For an inmate making an intrastate telephone call from a regional or local detention facility: (1) The cost per minute shall be thirty cents (30¢) or no more than the maximum cost per minute of an interstate inmate telephone call as determined by the Federal Communications Commission as of January 1, 2021, whichever is higher; and (2) Ancillary service charges shall not be permitted except an ancillary service charge of a type and up to an amount authorized by the Federal Communications Commission for an interstate inmate telephone call as of January 1, 2021.

Legislative History

Amended by Act 2021, No. 702,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 372,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 837, eff. 7/1/2019. Amended by Act 2017, No. 250,§ 26, eff. 8/1/2017. Amended by Act 2015, No. 741,§ 1, eff. 1/1/2016. Acts 1995, No. 996, §§ 1, 2; 1997, No. 520, § 1; 1997, No. 1287, § 1.