Press Releases

Question 1: Under Arkansas law, what official is responsible for transporting inmates from a detention facility in another state or the federal system to a facility of the Arkansas Division of Correction or Division of Community Correction?

Brief response: No official is given the duty to transport inmates from other States or federal facilities to the Arkansas Division of Correction or Division of Community Correction.

Question 2: Under Arkansas law, what official is responsible for taking custody of and confining inmates who have completed their sentence in another state or the federal system and who are now ready to serve their Arkansas sentence?

Brief response: The Division of Correction is required to confine State inmates in its custody, but before it takes custody, there are limited situations in which the Division may delay taking custody. The law does not, however, require the Division to affirmatively acquire inmates. Thus, if the inmate is never brought to the Division of Correction, it is not clear how the Division is empowered to take custody

Question 3: Does 18 U.S.C. § 3623 preempt any of the law identified in response to Questions 1 and 2?

Brief response: There is no preemption issue.

Question 1: Does A.C.A. § 1-4-133 apply only to public schools, institutions of higher education, and state agencies?

Brief response: No. Arkansas Code § 1-4-133 also applies to local building administrators.

Question 2: Do county judges fall under the definition of “local building administrators” as that term is used under A.C.A. § 1-4-133(a)(1)?

Brief response: Yes. County judges are “local building administrators” under A.C.A. § 1-4-133(a)(1).

Question 3: To what type of property or facilities does A.C.A. § 1-4-133 apply?

Brief response: Arkansas Code § 1-4-133 applies to publicly funded property under a listed official’s or administrator’s oversight, regardless of whether it is actually open to the public or is owned by a non-county entity.

Question 4: Does Amendment 55 of the Arkansas Constitution preempt or A.C.A. § 14-14-1102(b)(3)(A) repeal A.C.A. § 1-4-133, so that county judges have discretion to determine whether to comply with A.C.A. § 1-4-133?

Brief response: They do not; a county judge must comply with A.C.A. § 1-4-133.

Request for review and approval of a document titled, “Interlocal Agreement Between the City of Greers Ferry, Arkansas and the City of Higden, Arkansas for Police Services.”

Brief Response: The Agreement you have asked me to review is contractual in nature, as it provides that the City of Higden will pay the City of Greers Ferry to provide Higden with law enforcement services. This is the sort of agreement described in A.C.A. § 25-20-108(a), which requires that the contract only “be authorized by the governing body of each party to the contract,” not by the Attorney General’s Office. Accordingly, it is my opinion that my review and approval of the proposed Agreement is unnecessary.