Judges: WINSTON BRYANT, Attorney General
Filed Date: 10/14/1991
Status: Precedential
Modified Date: 7/5/2016
The Honorable James C. Scott State Senator Route 1, Box 82-A Warren, AR 71671-9705
Dear Senator Scott:
This is in response to your request for an opinion on the following question:
Is it legal for Ashley County to house inmates from other states in a county detention facility operated by Ashley County?
I have found no specific legal prohibition against the housing of out-of-state inmates in a county detention facility. Thus, provided several requirements are met, it is my opinion that such housing would be legally permissible.
The first such requirement is that the county must be operating the detention facility pursuant to a grant of lawful authority, such as A.C.A. §§
A.C.A. §§
In conclusion, it is my opinion that if the above requirements are met, it would appear to be lawful for out-of-state prisoners to be housed in a county detention facility. It should be noted that the provisions cited above are not intended to be exhaustive. The application of any other basis for such an arrangement would require consideration of the particular circumstances.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Catherine Templeton.
Sincerely,
Winston Bryant Attorney General
CCT/WB:ch