StrickenHall languageof wouldthe beHouse deletedof fromRepresentatives and93rd underlinedGeneral languageAssembly would- beRegular addedSession, to2021 presentAmendment law.Form ______________________________________________________________________ Subtitle of House Bill No.

State1120 ofCONCERNING ArkansasCRIMINAL AsDETENTION Engrossed:FACILITIES REVIEW COMMITTEES.

H2/9/21______________________________________________________________________ 93rdAmendment GeneralNo. Assembly A Bill Regular Session, 2021 HOUSE BILL 1120 5 By:

Representative1 Slapeto 7House ForBill An1120 ActAmend ToHouse BeBill EntitledNo. AN ACT CONCERNING CRIMINAL DETENTION FACILITIES REVIEW COMMITTEES;

AND1120 FORas OTHERoriginally PURPOSES.introduced:

SubtitlePage CONCERNING2, CRIMINALdelete DETENTIONlines FACILITIES13 REVIEWthrough COMMITTEES.17, and substitute the following:

BE"(2)(A) ITVisit ENACTEDand BYinspect THEthe GENERALReview ASSEMBLYand OFapprove THEthe STATEwritten OFinspection ARKANSAS:reports of the Criminal Detention Facilities Review Coordinator for criminal detention facilities and juvenile detention facilities in the criminal detention facility review committee's district for compliance with the standards as established under § 12-26-103.

SECTION(B) 1.This subdivision (2) does not prevent a committee member from visiting or inspecting a criminal detention facility or juvenile detention facility as part of the review process;" AND Page 3, delete lines 5 through 7, and substitute the following:

"(2) The method of inspection may only be altered in the event of an emergency declared under the Arkansas CodeEmergency Services Act of 1973, § 12-26-10312-75-101 iset amendedseq., towith approval of the Secretary of the Department of Corrections." *.BPG270* The Amendment was read as________________________________________________________________________________ follows:By:

12-26-103.Representative Slape BPG/BPG - 02-03-2021 15:14:25 _________________________ BPG270 Chief Clerk

Office of Criminal Detention Facilities Review Coordinator — Creation — Duties.

(a) There is established the Office of Criminal Detention Facilities Review Coordinator within the Department of Corrections which shall consist of:

(1) A criminal detention facilities review coordinator Criminal Detention Facilities Review Coordinator, who shall be appointed hired and employed by and serve at the pleasure of the Governor Secretary of the Department of Corrections;

and (2) An administrative assistant;

and (3) Other staff permanently or temporarily assigned from within the Department of Corrections.

(b) The office shall be responsible for promulgating, upon approval of the secretary, minimum standards for the construction, maintenance, and operation of local, county, regional, or state criminal detention facilities and juvenile detention facilities in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

*BPG076* 02-09-2021 09:22:30 BPG076 As Engrossed:

H2/9/21 HB1120 (c) The coordinator shall perform all duties necessary assigned by the secretary to assure uniformity in the interpretation and administration of the minimum standards by the several criminal facility detention review committees.

6 SECTION 2.

Arkansas Code § 12-26-106 is amended to read as follows:

12-26-106.

Powers and duties of a criminal detention facility review committee.

A criminal detention facility review committee shall:

(1) Provide consultation and technical assistance to county and local government officials with respect to criminal detention facilities and juvenile detention facilities;

(2)(A) Visit and inspect the Review and approve the written inspection reports of the Criminal Detention Facilities Review Coordinator for criminal detention facilities and juvenile detention facilities in the criminal detention facility review committee's district for compliance with the standards as established under § 12-26-103.

(B) This subdivision (2) does not prevent a committee member from visiting or inspecting a criminal detention facility or juvenile detention facility as part of the review process;

(3) Advise government officials and other appropriate persons of deficiencies in the criminal detention facilities and juvenile detention facilities and make recommendations for improvements;

(4) Submit written reports of the inspections to appropriate agencies and persons as provided in § 12-26-107;

(5)(4) Review and comment on approve plans for the construction and major modification or renovation of the criminal detention facilities and juvenile detention facilities;

and (6)(5) Perform such other duties as may be necessary to carry out the policy of the state regarding criminal detention facilities and juvenile detention facilities.

SECTION 3.

Arkansas Code § 12-26-107 is amended to read as follows:

12-26-107.

Inspection of facility — Report.

(a)(1) Except as otherwise provided in this chapter, each criminal detention facility review committee the Criminal Detention Facilities Review 02-09-2021 09:22:30 BPG076 As Engrossed:

H2/9/21 HB1120 Coordinator shall visit and inspect each criminal detention facility and each juvenile detention facility, if any, in the committee's each criminal detention facility review committee district at least annually for the purpose of determining the conditions of confinement, the treatment of prisoners, and whether the criminal detention facilities and juvenile detention facilities comply with the minimum standards established pursuant to this chapter.

(2) The method of inspection may only be altered in the event of an emergency declared under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., with approval of the Secretary of the Department of Corrections.

(3) The coordinator shall report in writing his or her findings that result from the visits to each criminal detention facility and each juvenile detention facility to the criminal detention facility review committee for the district.

(b)(1) A written report of each inspection shall be made issued by the criminal detention facility review committee within thirty (30) days following such the inspection under subsection (a) of this section to the administrative judge for a judicial district within the geographic area of the criminal detention facility review committee district in which the criminal detention facility or juvenile detention facility is located and to the county judge or the governing body of the political subdivision whose criminal detention facility or juvenile detention facility is the subject of the written report.

(2) The written report shall specify those respects the ways in which the criminal detention facility or juvenile detention facility does and does not comply with the required minimum standards.