§ 16-106-301 — Exhaustion of administrative remedies required - Definition

Arkansas § 16-106-301

• Jurisdiction: Arkansas
• Title: 16

Text

(a) An incarcerated person may not bring an action with respect to prison conditions under the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq., any other state law, 42 U.S.C. § 1983 , or any other federal law until the incarcerated person has exhausted all available administrative remedies. (b) As used in this section, "incarcerated person" means a person who: (1) Has been convicted of an offense and is incarcerated for that offense; or (2) Is being held in custody for trial or sentencing. (c) This section does not apply to an action challenging the validity of a conviction or sentence, including without limitation the following actions: (1) Direct appeal; (2) A petition under Rule 37 of the Arkansas Rules of Criminal Procedure; (3) A petition for writ of error coram nobis; or (4) A petition for writ of habeas corpus. (d) When determining the issue of exhaustion of administrative remedies, including if a dismissal of an action is without prejudice, the court may look to state and federal court decisions that interpret the Prison Litigation Reform Act, 42 U.S.C. § 1997e .

Legislative History

Amended by Act 2019, No. 444,§ 1, eff. 7/24/2019. Acts 1997, No. 851, § 1.