§ 12-12-1007 - Reporting requirements. - Arkansas Statutes

12-12-1007. Reporting requirements.

(a) Certain events occurring during the course of a criminal prosecution must be reported for inclusion in a criminal history record. The following events shall be reportable events:

(1) An arrest;

(2) The release of a person after arrest without the filing of a charge;

(3) A decision by a prosecutor not to commence criminal proceedings or to defer or indefinitely postpone prosecution;

(4) An indictment or criminal information or other statement of charges;

(5) The dismissal of an indictment or criminal information, or of any of the charges set out in such indictment or criminal information;

(6) An acquittal, finding of guilt, or other court disposition at or following trial, including dispositions of probationary status;

(7) The terms and conditions of a sentence;

(8) A commitment to a state or local correctional facility;

(9) A commitment to a hospital or other facility as not being criminally responsible or as incompetent to stand trial;

(10) The entry of an appeal to an appellate court;

(11) The judgment of an appellate court;

(12) A pardon, reprieve, commutation, or other change in sentence; and

(13) Other events occurring during the course of the criminal proceedings determined to be reportable.

(b) A reportable event specified in subsection (a) of this section shall be reported by those criminal justice officials or agencies directly responsible for the reportable action, event, or decision.

(c) The form and content of reported information and the method of reporting shall be specified by the Arkansas Crime Information Center and the Administrative Office of the Courts.

(d) Criminal justice agencies shall report criminal history information, whether directly or indirectly, manually or by means of an automated system in accordance with the following provisions:

(1) Information pertaining to the release of a person arrested without the filing of charges as required in subdivision (a)(2) of this section, or to a decision by the prosecutor not to commence criminal proceedings or to defer or postpone prosecution indefinitely as required by subdivision (a)(3) of this section shall be reported within five (5) working days; and

(2) Information pertaining to any other reportable events specified in subdivisions (a)(4)-(13) of this section shall be reported at least monthly.

(e) (1) It shall be the duty of law enforcement officials, prosecuting attorneys, court clerks, and judges to report the arrest tracking number of each defendant in accordance with procedures established by the center.

(2) (A) The arrest tracking number shall be filed with the court clerk at the time an indictment, information, or charge is filed.

(B) In cases in which the defendant has not been arrested at the time of an indictment, information, or charge, the arrest tracking number shall be filed with the court clerk immediately after there is an arrest.

(3) The arrest tracking number shall be in the court's case file before a trial commences or a judgment is entered.