COVID-19 Rule Suspension

As authorized by the Governor’s Executive Order 20-06, Order 20-16, and Order 20-45 regarding the public health emergency concerning COVID-19, and power delegated to the Governor by Arkansas Code Annotated § 12-75-114, the following rules, regulations, and statutes are identified as preventing, hindering, or delaying the Department of Corrections ability to render maximum assistance to the citizens of this state and are hereby suspended for the duration of the declared public health emergency, unless otherwise stated:

• A.C.A. § 12-26-106 Powers and Duties of a Criminal Detention Facility Review Committee

• Section (2) regarding the requirement that a review committee visit the criminal detention facilities and juvenile detention facilities in order to conduct inspections to determine compliance with the standards established under § 12-26-103.

• A.C.A. § 12-27-107 Inspection of Facility – Report

• Section (a) requiring each review committee conduct an annual visit of each criminal detention facility and juvenile detention facility for inspection purposes. 

As authorized by Executive Order  20-06,  Order 20-16,and Order 20-48 regarding the public health emergency concerning COVID-19, and power delegated to the Governor by Arkansas Code Annotated § 12-75-114, the following rules, regulations, and statutes are identified as preventing, hindering, or delaying the Department of Corrections ability to render maximum assistance to the citizens of this state and are hereby suspended for the duration of the declared public health emergency, unless otherwise stated:

A.C.A.12-28-603 Declaration of Emergency

• Sections (a)(1) and (a)(3) requiring the prison population to exceed ninety-eight percent (98%) of the rated capacity for thirty (30) consecutive days enabling the Board of Corrections to declare a prison overcrowding state of emergency.

AR1315 Emergency Powers Act       

• Section VI concerning the requirement of the total population reaching or exceeding 98% of the rated capacity.