Stricken language would be deleted from and underlined language would be added to present law. Act 506 of the Regular Session *CEB041* 04-02-2025 14:22:41 CEB041 State of Arkansas As Engrossed: H4/2/25 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1077 3 4 By: Representatives Hudson, Painter, Ennett, Richmond, Nazarenko, Tosh 5 By: Senator C. Tucker 6 7 For An Act To Be Entitled 8 AN ACT CONCERNING THE INCARCERATION OF A VETERAN OF 9 THE UNITED STATES ARMED FORCES; TO PROVIDE FOR 10 NOTIFICATION TO THE ARKANSAS DEPARTMENT OF VETERANS 11 AFFAIRS OF THE INCARCERATION OF A VETERAN; AND FOR 12 OTHER PURPOSES. 13 14 15 Subtitle 16 CONCERNING THE INCARCERATION OF A 17 VETERAN OF THE UNITED STATES ARMED 18 FORCES; AND TO PROVIDE FOR NOTIFICATION 19 TO THE ARKANSAS DEPARTMENT OF VETERANS 20 AFFAIRS OF THE INCARCERATION OF A 21 VETERAN. 22 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 25 SECTION 1. Arkansas Code Title 12, Chapter 29, Subchapter 1 is amended 26 to add an additional section to read as follows: 27 12-29-121. Required survey and notification for incarceration of 28 veteran. 29 (a)(1) Within fourteen (14) days of the initial incarceration of a 30 person, the administrator of the correctional facility with custody of the 31 person, the designee of the administrator of the correctional facility with 32 custody of the person, or the county veteran service officer of the county in 33 which the person is in custody shall verify the veteran status of the person 34 by using data made available from the Veterans Reentry Search Service 35 operated by the United States Department of Veterans Affairs or a similar 36 As Engrossed: H4/2/25 HB1077 2 04-02-2025 14:22:41 CEB041 service. 1 (2) If the administrator of the correctional facility with 2 custody of the person designates the county veteran service officer to verify 3 the veteran status of the person under subdivision (a)(1) of this section, 4 the administrator shall provide the information necessary for the county 5 veteran service officer to conduct the verification. 6 (b) The administrator of a correctional facility with custody of a 7 person identified as a veteran, the designee of the administrator of the 8 correctional facility with custody of the person identified as a veteran, or 9 the county veteran service officer of the county in which the person 10 identified as a veteran is in custody shall by mail, email, or fax send 11 written notice of the person's incarceration to the Department of Veterans 12 Affairs within forty -five (45) days of the person's initial incarceration if: 13 (1) The person is still in custody; and 14 (2) The person's sentence of incarceration is six (6) months or 15 more or the administrator of the correctional facility or his or her designee 16 reasonably believes that the person will remain in custody for six (6) months 17 or more. 18 (c) Upon the release from custody of a person identified as a veteran 19 who has been incarcerated for at least six (6) months, the administrator of 20 the correctional facility from which the person was released, the designee of 21 the administrator of the correctional facility from which the person was 22 released, or the county veteran service officer of the county in which the 23 person was in custody shall by mail, email, or fax send written notice of the 24 person's release from custody to the Department of Veterans Affairs. 25 (d) The administrator of a correctional facility shall provide 26 reasonable access to the United States Department of Veterans Affairs and the 27 Department of Veterans Affairs to assist an inmate who is a veteran in 28 applying for: 29 (1) Federal or state benefits, compensation, or treatment for 30 which the inmate may be eligible; or 31 (2) Treatment through a veterans treatment specialty court 32 program under § 16-101-101 et seq. or another specialty court program 33 authorized by the Supreme Court under § 16 -10-139. 34 (e) The administrator of a correctional facility shall make available 35 upon request the results of his or her verification under subdivision (a)(1) 36 As Engrossed: H4/2/25 HB1077 3 04-02-2025 14:22:41 CEB041 of this section to a prosecuting attorney, a managing public defender, a 1 coordinator of a specialty court program authorized by the Supreme Court 2 under § 16-10-139, or the Administrative Office of the Courts. 3 4 SECTION 2. Arkansas Code Title 12, Chapter 41, Subchapter 1 is amended 5 to add an additional section to read as follows: 6 12-41-111. Required survey and notification for incarceration of 7 veteran. 8 (a)(1) Within fourteen (14) days of the initial incarceration of a 9 person, the administrator of the local correctional facility with custody of 10 the person, the designee of the administrator of the local correctional 11 facility with custody of the person, or the county veteran service officer of 12 the county in which the person is in custody shall verify the veteran status 13 of the person by using data made available from the Veterans Reentry Search 14 Service operated by the United States Department of Veterans Affairs or a 15 similar service. 16 (2) If the administrator of the local correctional facility with 17 custody of the person designates the county veteran service officer to verify 18 the veteran status of the person under subdivision (a)(1) of this section, 19 the administrator shall provide the information necessary for the county 20 veteran service officer to conduct the verification. 21 (b) The administrator of a local correctional facility with custody of 22 a person identified as a veteran, the designee of the administrator of the 23 local correctional facility with custody of the person identified as a 24 veteran, or the county veteran service officer of the county in which the 25 person identified as a veteran is in custody shall by mail, email, or fax 26 send written notice of the person's incarceration to the Department of 27 Veterans Affairs within forty -five (45) days of the person's initial 28 incarceration if: 29 (1) The person is still in custody; and 30 (2) The person's sentence of incarceration is six (6) months or 31 more or the administrator of the local correctional facility or his or her 32 designee reasonably believes that the person will remain in custody for six 33 (6) months or more. 34 (c) Upon the release from custody of a person identified as a veteran 35 who has been incarcerated for at least six (6) months, the administrator of 36 As Engrossed: H4/2/25 HB1077 4 04-02-2025 14:22:41 CEB041 the local correctional facility from which the person was released, the 1 designee of the administrator of the local correctional facility from which 2 the person was released, or the county veteran service officer of the county 3 in which the person was in custody shall by mail, email, or fax send written 4 notice of the person's release from custody to the Department of Veterans 5 Affairs. 6 (d) The administrator of a local correctional facility shall provide 7 reasonable access to the United States Department of Veterans Affairs and the 8 Department of Veterans Affairs to assist an inmate who is a veteran in 9 applying for: 10 (1) Federal or state benefits, compensation, or treatment for 11 which the inmate may be eligible; or 12 (2) Treatment through a veterans treatment specialty court 13 program under § 16-101-101 et seq. or other specialty court program 14 authorized by the Supreme Court under § 16 -10-139. 15 (e) The administrator of a local correctional facility shall make 16 available upon request the results of his or her verification under 17 subdivision (a)(1) of this section to a prosecuting attorney, a managing 18 public defender, a coordinator of a specialty court program authorized by the 19 Supreme Court under § 16 -10-139, or the Administrative Office of the Courts. 20 21 /s/Hudson 22 23 24 APPROVED: 4/10/25 25 26 27 28 29 30 31 32 33 34 35 36