Arkansas § 25-43-401 Department of Corrections

Arkansas Statutes

§ 25-43-401 — Department of Corrections

Arkansas § 25-43-401

Title25

This text of Arkansas § 25-43-401 (Department of Corrections) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 25-43-401 (2026).

Text

(a)There is created the Department of Corrections as a cabinet-level department.

(b)(1) The Board of Corrections:

(A)Is affiliated with the department;

(B)Shall be the governing authority of the department; and (C) Shall perform all functions with respect to the management and control of the department as contemplated by Arkansas Constitution, Amendment 33.

(2)No provision of the Transformation and Efficiencies Act of 2019 shall abridge, diminish, or curtail, in any respect, the authority vested in the board to govern and supervise the administration of the board's responsibilities prior to July 1, 2019, including without limitation governing and supervising the administration of the state correctional institutions.

(c)The department shall:

(1)Maintain and administer real property o

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(a) There is created the Department of Corrections as a cabinet-level department. (b) (1) The Board of Corrections: (A) Is affiliated with the department; (B) Shall be the governing authority of the department; and (C) Shall perform all functions with respect to the management and control of the department as contemplated by Arkansas Constitution, Amendment 33. (2) No provision of the Transformation and Efficiencies Act of 2019 shall abridge, diminish, or curtail, in any respect, the authority vested in the board to govern and supervise the administration of the board's responsibilities prior to July 1, 2019, including without limitation governing and supervising the administration of the state correctional institutions. (c) The department shall: (1) Maintain and administer real property on behalf of each state entity transferred under this chapter if the real property is not under the supervision and control of the board; and (2) Maintain and administer all personal property on behalf of each state entity transferred under this chapter. (d) The department shall: (1) Assist the board with developing a biennial budget and annual, quarterly, and monthly fiscal plans for the operation of the board and assist the board in complying with the budget and fiscal policies promulgated by the Secretary of the Department of Corrections; (2) Assist the board with complying with the general guidelines, polices, and rules of the department with respect to personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the department; (3) Consult with the board regarding personnel decisions and staffing; and (4) Coordinate the policies promulgated by the board for the administration of personnel and personnel records to assure that all employee records and personnel records of the board conform to the personnel policies and practices of the department.

Sarah Sanders, in Her Official Capacity as Governor of Arkansas; Lindsay Wallace, in Her Official Capacity as Secretary of the Arkansas Department of Corrections; And the Arkansas Department of Corrections v. Arkansas Board of Corrections; And Benny Magness, in His Official Capacity as Chairman of the Arkansas Board of Corrections

2025 Ark. 102 (Supreme Court of Arkansas, 2025)