Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 461 3
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By: Senator J. Scott 5
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For An Act To Be Entitled 8
AN ACT TO COLLECT DATA REGARDING THE USE OF SOLITARY 9
CONFINEMENT IN ARKANSAS PRISONS AND JAILS; AND FOR 10
OTHER PURPOSES. 11
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Subtitle 14
TO COLLECT DATA REGARDING THE USE OF 15
SOLITARY CONFINEMENT IN ARKANSAS PRISONS 16
AND JAILS. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code Title 12, Chapter 25, is amended to read as 21
follows: 22
Chapter 25 23
Public Hearing Prior to Location of Community -Based Residential Facilities 24
General Provisions 25
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SECTION 2. Arkansas Code Title 12, Chapter 25, is amended to add an 27
additional section to read as follows: 28
12-25-102. Punitive segregation report — Definitions. 29
(a) As used in this chapter: 30
(1) “Segregation” means any type of detention, whether voluntary 31
or involuntary, that involves: 32
(A) The removal of a person from the general inmate 33
population; 34
(B) A restriction of access to a program or service 35
provided by the correctional facility; 36 SB461
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(C) A restriction or prohibition of interaction with other 1
incarcerated people; 2
(D) A loss of out-of-cell time or other condition of 3
confinement; or 4
(E) Involves being placed in a locked room or cell for 5
seventeen (17) hours or more in a twenty -four (24) hour period; 6
(2) "Serious mental illness" means one of the following 7
disorders as classified in the American Psychiatric Association's 8
Diagnostic and Statistical Manual of Mental Disorders as it existed on 9
January 1, 2025: 10
(A) A disorder categorized under the schizophrenia 11
spectrum and other psychotic disorders; 12
(B) Bipolar disorder; 13
(C) Major depressive disorder; 14
(D) Delusional disorder; 15
(E) Post-traumatic stress disorder; and 16
(F) Traumatic brain injury; and 17
(3) "Suicide" means the act of taking one's own life voluntarily 18
and intentionally. 19
(b) The Department of Corrections, the Division of Youth Services, and 20
all local and regional detention facilities shall submit a quarterly report 21
to the Legislative Council that includes: 22
(1) The number of persons disciplined with, held in, or 23
transferred to segregation during the prior quarter, including the following 24
information concerning those persons: 25
(A) Racial composition; 26
(B) Gender; 27
(C) The number of persons: 28
(i) That are in protective custody; 29
(ii) Who are twenty -one (21) years of age or 30
younger; 31
(iii) Who are fifty -five (55) years of age or older; 32
(iv) With a serious mental illness; 33
(v) That are pregnant or were pregnant within the 34
previous twelve (12) weeks; 35
(vi) With a disability, broken down by type of 36 SB461
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disability; and 1
(vii) With a medical condition, categorized by type 2
of condition; 3
(D) The number of: 4
(i) Suicides; 5
(ii) Attempted suicides by persons housed in 6
segregation; 7
(iii) Incidents of self -harm by persons housed in 8
segregation; and 9
(iv) Persons who died while in segregation, broken 10
down by cause of death; 11
(E) The number of persons in segregation currently who 12
have already been in segregation for: 13
(i) Less than one (1) day but not more than fifteen 14
(15) days; 15
(ii) At least (16) days, but not more than thirty 16
(30) days; 17
(iii) At least thirty -one (31) days, but not more 18
than ninety (90) days; 19
(iv) At least ninety -one (91) days, but not more 20
than one hundred eighty (180) days; 21
(v) At least one hundred eighty -one (181) days, but 22
not more than one (1) year; 23
(vi) At least one (1) year and one (1) day, but not 24
more than three (3) years; 25
(vii) At least three (3) years and (1) day, but not 26
more than six (6) years; and 27
(viii) Six (6) years and one (1) day or more; and 28
(F) The number of persons who are or have been sentenced 29
to or otherwise scheduled to be in segregation for a total of: 30
(i) Less than one (1) day but not more than fifteen 31
(15) days; 32
(ii) At least (16) days, but not more than thirty 33
(30) days; 34
(iii) At least thirty -one (31) days, but not more 35
than ninety (90) days; 36 SB461
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(iv) At least ninety -one (91) days, but not more 1
than one hundred eighty (180) days; 2
(v) At least one hundred eighty -one (181) days, but 3
not more than one (1) year; 4
(vi) At least one (1) year and one (1) day, but not 5
more than three (3) years; 6
(vii) At least three (3) years and (1) day, but not 7
more than six (6) years; and 8
(viii) Six (6) years and one (1) day or more; 9
(2) The number of times segregation has been used as a sanction, 10
punishment, or disciplinary action during the prior quarter, including 11
extensions of segregation; 12
(3) The total number of sanctions, punishments, or disciplinary 13
actions taken other than segregation during the prior quarter, including 14
without limitation: 15
(A) Loss of any privilege; 16
(B) Loss of or reduction in classification; 17
(C) Loss of or demotion in a job or position at the 18
division; and 19
(D) Restitution; 20
(4) The number of persons disciplined with, held in, or 21
transferred to segregation during the prior quarter due to: 22
(A) One (1) or more disciplinary infraction; 23
(B) Administrative reasons; 24
(C) Protective custody; or 25
(D) Other reasons to be listed in the report by type; and 26
(5) Of the persons disciplined with, held in, or transferred to 27
segregation during the prior quarter due to one (1) or more disciplinary 28
infraction as described in subdivision (b)(4)(A) of this section, the type of 29
disciplinary infraction, including without limitation: 30
(A) Violence to self; 31
(B) Violence to another; 32
(C) Possession of drug -related contraband; 33
(D) Masturbation or indecent exposure; 34
(E) Sex with another person; 35
(F) Failure to obey an order of a staff member; 36 SB461
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(G) Refusing a direct verbal order; 1
(H) Threating another verbally or in writing; 2
(I) Insolence to a staff member; 3
(J) Battery or use of force on an inmate; 4
(K) Creating unnecessary noise; 5
(L) Out of place of assignment; 6
(M) Refusal to submit to testing; 7
(N) Possession or use of controlled substances, alcohol, 8
or chemicals; 9
(O) Unauthorized use of state property; 10
(P) Failure to keep himself or herself or his or her 11
quarters within regulation; 12
(Q) Possession, introduction, or use of a cell phone; 13
(R) Possession or introduction of fireworks; 14
(S) Unexcused absence from a work or learning assignment; 15
(T) Banding together or demonstration; 16
(U) Provoking or agitating a fight; 17
(V) Possession or introduction of unauthorized clothing; 18
(W) Lying to a staff member; 19
(X) Destruction of property; 20
(Y) Battery or use of force on staff; 21
(Z) Throwing or ejecting of bodily fluids or excrement; 22
(AA) Purchase of unauthorized articles; or 23
(BB) Other disciplinary infractions not listed under this 24
subdivision (b)(5), broken down by type of disciplinary infraction. 25
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SECTION 3. DO NOT CODIFY. Temporary Language. 27
The initial report required under § 12 -25-102 shall be completed by 28
October 1, 2025. 29
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