Public-domain · open source
OpenJurist

Ark. Code Ann. § 16-106-301

Exhaustion of administrative remedies required — Definition

Acts 1997, No. 851, § 1; 2019, No. 444, § 1.

(1) An incarcerated person may not bring an action with respect to prison conditions under the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq., any other state law, 42 U.S.C. § 1983, or any other federal law until the incarcerated person has exhausted all available administrative remedies.

(2) As used in this section, “incarcerated person” means a person who: Has been convicted of an offense and is incarcerated for that offense; or

(3) Is being held in custody for trial or sentencing.

(4) This section does not apply to an action challenging the validity of a conviction or sentence, including without limitation the following actions: Direct appeal;

(5) A petition under Rule 37 of the Arkansas Rules of Criminal Procedure;

(6) A petition for writ of error coram nobis; or

(7) A petition for writ of habeas corpus.

(8) When determining the issue of exhaustion of administrative remedies, including if a dismissal of an action is without prejudice, the court may look to state and federal court decisions that interpret the Prison Litigation Reform Act, 42 U.S.C. § 1997e.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.