§ 12-26-108 - Failure to meet minimum standards -- Procedure. - Arkansas Statutes

12-26-108. Failure to meet minimum standards -- Procedure.

(a) (1) If an inspection under this chapter discloses that the criminal detention facility or juvenile detention facility does not meet the minimum standards established by the Criminal Detention Facilities Review Coordinator, the criminal detention facility review committee shall send notice, together with the inspection report, to the governing body responsible for the criminal detention facility or juvenile detention facility and to the duly constituted grand jury for the county in which the criminal detention facility or juvenile detention facility is located.

(2) A copy of the notice required by this chapter shall also be sent to the chief circuit judge of the judicial district in which the facility is located.

(b) The appropriate governing body or the grand jury, or both, shall promptly meet to consider the inspection report, and the committee chair shall appear to advise and consult concerning appropriate corrective action.

(c) The governing body or the grand jury, or both, shall then initiate appropriate corrective action within six (6) months of the receipt of the inspection report or may voluntarily close the detention facility or the objectionable portion of the detention facility.

(d) (1) If the governing body or the grand jury fails to initiate corrective action within six (6) months after receipt of such inspection report, or fails to correct the disclosed conditions, or fails to close the detention facility or the objectionable portion thereof, the committee is authorized to petition a circuit court within the judicial district in which the facility is located to close the facility.

(2) The petition shall include the inspection report regarding the facility.

(3) The local governing body shall then have thirty (30) days to respond to the petition and shall serve a copy of the response on the committee chair by certified mail, return receipt requested.

(e) Thereafter, a hearing shall be held on the petition before the circuit court, and an order rendered by such court which:

(1) Dismisses the petition of the committee;

(2) Directs that corrective action be initiated in some form by the local governing body or by the grand jury with respect to the criminal detention facility in question; or

(3) Directs that the criminal detention facility be closed.

(f) An appeal from the decision of the circuit court may be taken to the Supreme Court.