Arkansas 2025 Regular Session

Arkansas House Bill HB1077 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 506 of the Regular Session
3		-	CEB041 04-02-2025 14:22:41 CEB041
4		-
5		-	State of Arkansas As Engrossed: H4/2/25 1
	2	+	CEB041 01/02/2025 5:57:43 PM CEB041
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1077 3
8	6		4
9		-	By: ~~Representatives~~ Hudson~~, Painter, Ennett, Richmond, Nazarenko, Tosh~~ 5
10		-	~~By: Senator C. Tucker~~ 6
	7	+	By: Representative Hudson 5
	8	+	6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT CONCERNING THE INCARCERATION OF A VETERAN OF 9
14	12		THE UNITED STATES ARMED FORCES; TO PROVIDE FOR 10
15	13		NOTIFICATION TO THE ARKANSAS DEPARTMENT OF VETERANS 11
16	14		AFFAIRS OF THE INCARCERATION OF A VETERAN; AND FOR 12
17	15		OTHER PURPOSES. 13
18	16		14
19	17		15
20	18		Subtitle 16
21	19		CONCERNING THE INCARCERATION OF A 17
22	20		VETERAN OF THE UNITED STATES ARMED 18
23	21		FORCES; AND TO PROVIDE FOR NOTIFICATION 19
24	22		TO THE ARKANSAS DEPARTMENT OF VETERANS 20
25	23		AFFAIRS OF THE INCARCERATION OF A 21
26	24		VETERAN. 22
27	25		23
28	26		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
29	27		25
30		-	SECTION 1. Arkansas Code Title 12, Chapter 29, Subchapter 1 is ~~amended~~ 26
31		-	to add an additional section to read as follows: 27
32		-	12-29-121. Required ~~survey and notification~~ for incarceration of 28
33		-	~~veteran~~. 29
34		-	(a)(1) Within ~~fourteen~~ (14) days of the initial incarceration of a 30
35		-	~~person, the administrator~~ of the ~~correctional facility with custody~~ of ~~the~~ 31
36		-	~~person~~, ~~the designee of~~ the administrator of the correctional facility with 32
37		-	custody of the ~~person, or the county~~ veteran ~~service officer~~ of the ~~county in~~ 33
38		-	~~which~~ the ~~person is in custody shall verify the veteran status~~ of ~~the person~~ 34
39		-	~~by using data made available~~ from ~~the Veterans Reentry Search Service~~ 35
40		-	~~operated by~~ the United States ~~Department of Veterans Affairs or a similar~~ 36 ~~As Engrossed: H4/2/25~~ HB1077
	28	+	SECTION 1. Arkansas Code Title 12, Chapter 29, Subchapter 1, is 26
	29	+	amended to add an additional section to read as follows: 27
	30	+	12-29-121. Notification required for incarceration of veteran of the 28
	31	+	United States Armed Forces. 29
	32	+	(a)(1) Within thirty (30) days of the initial incarceration of a 30
	33	+	veteran of the United States Armed Forces whose sentence of incarceration is 31
	34	+	sixty (60) days or more, the administrator of the correctional facility with 32
	35	+	custody of the veteran shall mail written notice of the veteran's 33
	36	+	incarceration to the Arkansas Department of Veterans Affairs. 34
	37	+	(2) At least sixty (60) days prior to the release from 35
	38	+	incarceration of a veteran of the United States Armed Forces whose sentence 36 HB1077
41	39
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43		-
44		-
45		-	service. 1
46		-	(2) If the administrator of the correctional facility with 2
47		-	custody of the person designates the county veteran service officer to verify 3
48		-	the veteran status of the person under subdivision (a)(1) of this section, 4
49		-	the administrator shall provide the information necessary for the county 5
50		-	veteran service officer to conduct the verification. 6
51		-	(b) The administrator of a correctional facility with custody of a 7
52		-	person identified as a veteran, the designee of the administrator of the 8
53		-	correctional facility with custody of the person identified as a veteran, or 9
54		-	the county veteran service officer of the county in which the person 10
55		-	identified as a veteran is in custody shall by mail, email, or fax send 11
56		-	written notice of the person's incarceration to the Department of Veterans 12
57		-	Affairs within forty -five (45) days of the person's initial incarceration if: 13
58		-	(1) The person is still in custody; and 14
59		-	(2) The person's sentence of incarceration is six (6) months or 15
60		-	more or the administrator of the correctional facility or his or her designee 16
61		-	reasonably believes that the person will remain in custody for six (6) months 17
62		-	or more. 18
63		-	(c) Upon the release from custody of a person identified as a veteran 19
64		-	who has been incarcerated for at least six (6) months, the administrator of 20
65		-	the correctional facility from which the person was released, the designee of 21
66		-	the administrator of the correctional facility from which the person was 22
67		-	released, or the county veteran service officer of the county in which the 23
68		-	person was in custody shall by mail, email, or fax send written notice of the 24
69		-	person's release from custody to the Department of Veterans Affairs. 25
70		-	(d) The administrator of a correctional facility shall provide 26
71		-	reasonable access to the United States Department of Veterans Affairs and the 27
72		-	Department of Veterans Affairs to assist an inmate who is a veteran in 28
73		-	applying for: 29
74		-	(1) Federal or state benefits, compensation, or treatment for 30
75		-	which the inmate may be eligible; or 31
76		-	(2) Treatment through a veterans treatment specialty court 32
77		-	program under § 16-101-101 et seq. or another specialty court program 33
78		-	authorized by the Supreme Court under § 16 -10-139. 34
79		-	(e) The administrator of a correctional facility shall make available 35
80		-	upon request the results of his or her verification under subdivision (a)(1) 36 As Engrossed: H4/2/25 HB1077
81		-
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83		-
84		-
85		-	of this section to a prosecuting attorney, a managing public defender, a 1
86		-	coordinator of a specialty court program authorized by the Supreme Court 2
87		-	under § 16-10-139, or the Administrative Office of the Courts. 3
88		-	4
89		-	SECTION 2. Arkansas Code Title 12, Chapter 41, Subchapter 1 is amended 5
90		-	to add an additional section to read as follows: 6
91		-	12-41-111. Required survey and notification for incarceration of 7
92		-	veteran. 8
93		-	(a)(1) Within fourteen (14) days of the initial incarceration of a 9
94		-	person, the administrator of the local correctional facility with custody of 10
95		-	the person, the designee of the administrator of the local correctional 11
96		-	facility with custody of the person, or the county veteran service officer of 12
97		-	the county in which the person is in custody shall verify the veteran status 13
98		-	of the person by using data made available from the Veterans Reentry Search 14
99		-	Service operated by the United States Department of Veterans Affairs or a 15
100		-	similar service. 16
101		-	(2) If the administrator of the local correctional facility with 17
102		-	custody of the person designates the county veteran service officer to verify 18
103		-	the veteran status of the person under subdivision (a)(1) of this section, 19
104		-	the administrator shall provide the information necessary for the county 20
105		-	veteran service officer to conduct the verification. 21
106		-	(b) The administrator of a local correctional facility with custody of 22
107		-	a person identified as a veteran, the designee of the administrator of the 23
108		-	local correctional facility with custody of the person identified as a 24
109		-	veteran, or the county veteran service officer of the county in which the 25
110		-	person identified as a veteran is in custody shall by mail, email, or fax 26
111		-	send written notice of the person's incarceration to the Department of 27
112		-	Veterans Affairs within forty -five (45) days of the person's initial 28
113		-	incarceration if: 29
114		-	(1) The person is still in custody; and 30
115		-	(2) The person's sentence of incarceration is six (6) months or 31
116		-	more or the administrator of the local correctional facility or his or her 32
117		-	designee reasonably believes that the person will remain in custody for six 33
118		-	(6) months or more. 34
119		-	(c) Upon the release from custody of a person identified as a veteran 35
120		-	who has been incarcerated for at least six (6) months, the administrator of 36 As Engrossed: H4/2/25 HB1077
121		-
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123		-
124		-
125		-	the local correctional facility from which the person was released, the 1
126		-	designee of the administrator of the local correctional facility from which 2
127		-	the person was released, or the county veteran service officer of the county 3
128		-	in which the person was in custody shall by mail, email, or fax send written 4
129		-	notice of the person's release from custody to the Department of Veterans 5
130		-	Affairs. 6
131		-	(d) The administrator of a local correctional facility shall provide 7
132		-	reasonable access to the United States Department of Veterans Affairs and the 8
133		-	Department of Veterans Affairs to assist an inmate who is a veteran in 9
134		-	applying for: 10
135		-	(1) Federal or state benefits, compensation, or treatment for 11
136		-	which the inmate may be eligible; or 12
137		-	(2) Treatment through a veterans treatment specialty court 13
138		-	program under § 16-101-101 et seq. or other specialty court program 14
139		-	authorized by the Supreme Court under § 16 -10-139. 15
140		-	(e) The administrator of a local correctional facility shall make 16
141		-	available upon request the results of his or her verification under 17
142		-	subdivision (a)(1) of this section to a prosecuting attorney, a managing 18
143		-	public defender, a coordinator of a specialty court program authorized by the 19
144		-	Supreme Court under § 16 -10-139, or the Administrative Office of the Courts. 20
145		-	21
146		-	/s/Hudson 22
147		-	23
148		-	24
149		-	APPROVED: 4/10/25 25
150		-	26
151		-	27
152		-	28
153		-	29
154		-	30
155		-	31
156		-	32
157		-	33
158		-	34
	40	+	2 01/02/2025 5:57:43 PM CEB041
	41	+	of incarceration is sixty (60) days or more, the administrator of the 1
	42	+	correctional facility with custody of the veteran shall mail written notice 2
	43	+	of the veteran's release from incarceration to the Arkansas Department of 3
	44	+	Veterans Affairs. 4
	45	+	(b)(1) The Department of Corrections and the sheriff of each county 5
	46	+	shall inquire as a part of the intake procedure for each inmate whether the 6
	47	+	inmate is a veteran of the United States Armed Forces. 7
	48	+	(2) The Department of Corrections and the sheriff of each county 8
	49	+	shall develop procedures to ensure compliance with this section, including 9
	50	+	the use of a form designated for the notification of incarceration of a 10
	51	+	veteran by the Arkansas Department of Veterans Affairs. 11
	52	+	12
	53	+	SECTION 2. Arkansas Code Title 12, Chapter 41, Subchapter 1, is 13
	54	+	amended to add an additional section to read as follows: 14
	55	+	12-41-111. Notification required for incarceration of veteran of the 15
	56	+	United States Armed Forces. 16
	57	+	(a)(1) Within thirty (30) days of the initial incarceration of a 17
	58	+	veteran of the United States Armed Forces whose sentence of incarceration is 18
	59	+	sixty (60) days or more, the administrator of the correctional facility with 19
	60	+	custody of the veteran shall mail written notice of the veteran's 20
	61	+	incarceration to the Arkansas Department of Veterans Affairs. 21
	62	+	(2) At least sixty (60) days prior to the release from 22
	63	+	incarceration of a veteran of the United States Armed Forces whose sentence 23
	64	+	of incarceration is sixty (60) days or more, the administrator of the 24
	65	+	correctional facility with custody of the veteran shall mail written notice 25
	66	+	of the veteran's release from incarceration to the Arkansas Department of 26
	67	+	Veterans Affairs. 27
	68	+	(b)(1) The sheriff of each county and chief of police responsible for 28
	69	+	each city jail shall inquire as a part of the intake procedure for each 29
	70	+	inmate whether the inmate is a veteran of the United States Armed Forces. 30
	71	+	(2) The sheriff of each county and chief of police responsible 31
	72	+	for each city jail shall develop procedures to ensure compliance with this 32
	73	+	section, including the use of a form designated for the notification of 33
	74	+	incarceration of a veteran by the Arkansas Department of Veterans Affairs. 34
159	75		35
160	76		36