Arkansas 2025 Regular Session

Arkansas House Bill HB1077 Latest Draft

Bill / Chaptered Version Filed 04/10/2025

                            Stricken language would be deleted from and underlined language would be added to present law. 
Act 506 of the Regular Session 
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State of Arkansas 	As Engrossed:  H4/2/25   1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1077 3 
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By: Representatives Hudson, Painter, Ennett, Richmond, Nazarenko, Tosh 5 
By: Senator C. Tucker 6 
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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 
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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 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 
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 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 
 
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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 
 
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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 
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 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 
 
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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 
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/s/Hudson 22 
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APPROVED: 4/10/25 25 
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