Category
Limits on Referrals to Law Enforcement
Category
Limits on Referrals to Law Enforcement
State law requires districts to refer students to local law enforcement for any offense that may be a violation of the criminal code.
Arkansas Code 16-81-118. Citation and arrest by a school resource officer — Definition.
(a) As used in this section, “school resource officer” means a school resource officer as described under § 6-10-128. (b) A school resource officer may issue a citation to a person to appear in the local district court having jurisdiction over the place where a violation of state law occurred even if the school resource officer is outside of his or her jurisdiction if:
- (1) The school resource officer is accompanying students on a school-sanctioned event that takes the students outside the county in which the school is located;
- (2) The violation of state law is in conjunction with criminal activity that directly involves the students, school employees, or other persons participating in, observing, or assisting the school-sanctioned event; and
- (3) The person who is the recipient of the citation is a student, school employee, or other person participating in, observing, or assisting the school-sanctioned event. (c) The school resource officer shall use a citation book that substantially complies with the citation requirements under § 16-10-205. (d)
- (1) A citation issued under this section is not valid unless the school resource officer provides at a minimum:
- (A) The address and phone number of the district court having jurisdiction;
- (B) The date and time when the recipient of the citation is to appear in the district court;
- (C) A cite to the specific state law that was alleged to have been violated;
- (D) The printed name and date of birth of the person receiving the citation; and
- (E)
- (i) An opportunity for the person receiving the citation to sign the citation.
- (ii) If the person who is to receive the citation refuses to sign the citation, the school resource officer is required to arrest the person and deliver him or her to the local law enforcement agency having jurisdiction immediately.
- (2) The school resource officer shall file a copy of the citation issued under this section at least fifteen (15) days before the court date listed on the citation.
- (3) The school resource officer shall provide a person receiving a citation under this section a full and complete copy of the citation.
Arkansas Code 6-17-113. Duty to report and investigate student criminal acts
(b)
- (1) Whenever the principal or other person in charge of a public school has personal knowledge or has received information leading to a reasonable belief that any person has committed or has threatened to commit an act of violence or any crime involving a deadly weapon on school property or while under school supervision, the principal or the person in charge shall immediately report the incident or threat to the superintendent of the school district and the appropriate local law enforcement agency.
Arkansas Code 6-18-110. Reports by mandated reporters — Failure to notify by mandated reporter — Making a false report.
(a) Each of the following persons shall notify law enforcement if he or she has a good faith belief that there is a serious and imminent threat to the public based on a threat made by an individual regarding violence in or targeted at a school that has been communicated to the person in the course of his or her professional duties:
- (1) A childcare worker or foster care worker;
- (2) A coroner;
- (3) A daycare center worker;
- (4) A dentist;
- (5) A dental hygienist;
- (6) A domestic abuse advocate;
- (7) A domestic violence shelter employee;
- (8) A domestic violence shelter volunteer;
- (9) An employee of the Department of Human Services;
- (10) An employee working under contract for the Division of Youth Services;
- (11) A foster parent;
- (12) A judge;
- (13) A law enforcement official;
- (14) A licensed nurse;
- (15) Medical personnel who may be engaged in the admission, examination, care, or treatment of a person;
- (16) A mental health professional or paraprofessional;
- (17) An osteopath;
- (18) A peace officer;
- (19) A physician;
- (20) A prosecuting attorney;
- (21) A resident intern;
- (22) A public or private school counselor;
- (23) A school official;
- (24) A social worker;
- (25) A surgeon;
- (26) A teacher;
- (27) A court-appointed special advocate program staff member or volunteer;
- (28) A juvenile intake or probation officer;
- (29) A clergy member, including a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or a person reasonably believed to be so by the individual consulting him or her unless the clergy member acquires knowledge of the serious and imminent threat of violence in or targeted at a school through a communication that is required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith;
- (30) An employee of a child advocacy center or a child safety center;
- (31) An attorney ad litem in the course of his or her duties as an attorney ad litem;
- (32)
- (A) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as the Safe Place program of the National Safe Place Network, United Family Services, Inc., or the Centers for Youth and Families, Inc.
- (B) A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;
- (33) A rape crisis advocate or rape crisis volunteer;
- (34)
- (A) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as the Safe Place program of the National Safe Place Network, United Family Services, Inc., or the Centers for Youth and Families, Inc.
- (B) A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;
- (35) A victim or witness coordinator;
- (36) A victim assistance professional or victim assistance volunteer;
- (37) An employee of the Crimes Against Children Division;
- (38) An employee of a reproductive healthcare facility;
- (39) A volunteer at a reproductive healthcare facility; and
- (40) An individual not otherwise identified in this subsection who is engaged in performing his or her employment duties with a nonprofit charitable organization other than a nonprofit hospital. (b) A person listed as a mandated reporter under subsection (a) of this section shall:
- (1) Make every attempt to immediately notify law enforcement of the serious and imminent threat to the public; and
- (2) Notify law enforcement within twenty-four (24) hours of learning of the serious and imminent threat to the public. (c)
- (1) A person listed as a mandated reporter under subsection (a) of this section commits the offense of failure to notify by a mandated reporter in the first degree if he or she knowingly fails to notify law enforcement of a serious and imminent threat of violence in or targeted at a school that has been communicated to him or her in the course of his or her professional duties.
- (2) Failure to notify by a mandated reporter in the first degree is a Class A misdemeanor. (d)
- (1) A person listed as a mandated reporter under subsection (a) of this section commits the offense of failure to notify by a mandated reporter in the second degree if he or she recklessly fails to notify law enforcement of a serious and imminent threat of violence in or targeted at a school that has been communicated to him or her in the course of his or her professional duties.
- (2) Failure to notify by a mandated reporter in the second degree is a Class C misdemeanor. (e)
- (1) A person commits the offense of making a false report under this section if he or she purposely makes a report containing a false allegation to law enforcement knowing the allegation to be false.
- (2) The first offense of making a false report under subdivision (e)(1) of this section is a Class A misdemeanor.
- (3) A subsequent offense of making a false report under subdivision (e)(1) of this section is a Class D felony. (f) Law enforcement may file a petition in the appropriate court seeking imposition of penalties for a violation of this section. (g) A person who notifies law enforcement, in good faith, of a serious and imminent threat of violence in or targeted at a school that has been communicated to him or her in the course of his or her professional duties is immune from civil or criminal liability.
Arkansas Code 6-18-111. School safety and crisis line.
(c)
- (1) Personnel operating the school safety and crisis line shall, when necessary or as required by law, promptly forward a report received under subsection (b) of this section to appropriate:
- (A) School officials; or
- (B) Law enforcement agencies.
- (2) An individual who acts in good faith under this section while operating the school safety and crisis line shall not be liable for civil damages for an act or omission taken in good faith while operating the school safety and crisis line so long as the act or omission does not constitute gross negligence or willful misconduct.
Arkansas Code 6-18-513. Parental notification.
(a) A school or school district shall comply with subsection (b) of this section if the school or school district with respect to a student under the age of eighteen (18): (1) Makes a report to any law enforcement agency concerning student misconduct; (2) Grants law enforcement personnel other than a school resource officer acting in the normal course and scope of his or her assigned duties access to a student; or (3) Knows that a student has been taken into custody by law enforcement personnel during the school day or while under school supervision.