12 CAR Part 91 — Uniform Program Operations State-Funded Multijurisdictional Drug and Crime Task Forces

Chapter XVI

Subchapter A

Subpart 1

12 CAR § 91-101 Purpose {#sec-12-car-91-101 omnilex-key=us-ar-regs-official--title-12-part-91--12 CAR § 91-101}

12 CAR § 91-101. Purpose.

(a) The goal of the state-funded drug task force is to significantly reduce drug-related crimes throughout the State of Arkansas.

(b) This is done through aggressive enforcement of state laws that outline the rules and penalties associated with the possession, manufacturing, importation, and distribution of illicit drugs and dangerous substances.

12 CAR § 91-102 Objectives {#sec-12-car-91-102 omnilex-key=us-ar-regs-official--title-12-part-91--12 CAR § 91-102}

12 CAR § 91-102. Objectives.

The overall objectives of the state-funded drug task force are:

(1) To:

(A) Identify and arrest individual drug offenders, or those offenders within an organized criminal group; and

(B) Prosecute these offenders with special emphasis placed on offenses that involve the manufacturing, importation, and distribution of illicit drugs;

(2) To promote:

(A) A higher level of cooperation among the task force agencies located within a judicial district (as well as with other task forces statewide); and

(B) More direct involvement with nonparticipating law enforcement organizations at all levels of government;

(3) To work together in a more collaborative way, in an information-sharing effort, with an emphasis on effectively identifying and greatly reducing drug distribution markets, and in aggressively prosecuting individuals arrested for being involved in this activity;

(4)(A) To improve the effectiveness of law enforcement as they combat illicit drug trafficking and improve interdiction efforts.

(B) This is done through training that focuses on:

(i) Up-to-date and relevant information about drug trafficking protocols;

(ii) The importance of sharing information statewide; and

(iii) Collaboration between drug task force members and law enforcement in general; and

(5)(A) To support officer safety through hands-on training that promotes a more effective use of technology, social media, and information or intelligence sharing.

(B) The primary purpose is to enhance law enforcement communications capabilities on a statewide basis, and to keep task force personnel up-to-date on safety issues and concerns in dealing with drug-related crimes.

12 CAR § 91-103 Local match requirements {#sec-12-car-91-103 omnilex-key=us-ar-regs-official--title-12-part-91--12 CAR § 91-103}

12 CAR § 91-103. Local match requirements.

(a)(1) State-funded drug task forces will be required to match federal and state grant funding for their operations.

(2) The match can be cash or in-kind.

(3) Any in-kind must be documented in the signed memorandum of understanding.

(b) The local match requirements will be based on district population and funding match percentage (amount) will be determined based on the funding source according to the following tiers:

(1) Tier 1 — A district population based on thirty thousand to ninety thousand (30,000 – 90,000) will require a funding match of twenty percent (20%);

(2) Tier 2 — A district population based on ninety-one thousand to one hundred forty thousand (91,000 – 140,000) will require a funding match of twenty-five percent (25%); and

(3) Tier 3 — A district population based on one hundred forty-one thousand (141,000) or greater will require a funding match of thirty percent (30%).

12 CAR § 91-104 State-funded drug task force operating budgets {#sec-12-car-91-104 omnilex-key=us-ar-regs-official--title-12-part-91--12 CAR § 91-104}

12 CAR § 91-104. State-funded drug task force operating budgets.

(a) A state-funded drug task force operating budget, and allowable uses of grant awards, will be in accordance with Arkansas Code § 12-17-107 as well as any other federal regulations or state rules.

(b) A funded civilian position, other than the required fiscal officer position, must be approved by the office of the Arkansas Drug Director.

12 CAR § 91-105 Organizational structure {#sec-12-car-91-105 omnilex-key=us-ar-regs-official--title-12-part-91--12 CAR § 91-105}

12 CAR § 91-105. Organizational structure.

(a) Authorized official.

(1) For a state-funded drug task force, the authorized official is the elected prosecuting attorney or local government highest elected official or appointed designee.

(2) The authorized official is an authorized representative of the grantee (applying organization or agency).

(3) The grantee ensures and provides oversight of the management and compliance of state and federal grants.

(b) Participating agencies.

(1)(A) Drug task forces are required to develop an MOU with all participating parties, including the prosecuting attorney.

(B) The MOU must delineate the roles and responsibilities as well as provide the details for match for the participating agency.

(2)(A) The drug task force commander must be selected and agreed upon by a majority of the participating agencies.

(B) This process must be documented in the minutes and submitted to the office of the Arkansas Drug Director.

(C) This process must be followed in selecting any new or future commander.

(3)(A) Drug task forces are to have collaborative meetings with their participating agencies at a minimum of every two (2) months.

(B) For items requiring task force approval, a quorum must be present.

(C) Meetings must be documented with attendance and minutes which are forwarded to the office of the director for review and compliance.

(c) Required personnel.

(1)(A) Full-time drug task force commander — To provide and perform oversight, as well as day-to-day task force operations and law enforcement activities.

(B) Funding for this position can be matched from a participating agency as long as it meets the requirements and is documented in the signed MOU.

(C) It must be a full-time (equivalent to forty (40) hours per week) certified law enforcement officer, selected by the participating agencies.

(2)(A) Full-time fiscal officer — To perform program financial or administrative duties.

(B) Funding for this position can be matched from a participating agency as long as it meets the requirements and is documented in the signed MOU.

(C) It can be a civilian or law enforcement officer, but it must be full-time (equivalent to forty (40) hours per week).

(d) Management structure.

(1) The office of the director will be responsible for establishing oversight protocols and performing program monitoring.

(2) The Office of Intergovernmental Services will be responsible for the grants’ management and administration of the current funding sources that are listed below in accordance with any statutory authority or federal regulations:

(A) State Drug Crime Enforcement and Prosecution Grant Fund, Arkansas Code § 12-17-101 et seq.; and

(B) Department of Justice Non-Victim Assistance Grants.

History

• Codification Notes: “MOU” means memorandum of understanding. Authority: Arkansas Code § 12-17-104

12 CAR § 91-106 Reporting requirements {#sec-12-car-91-106 omnilex-key=us-ar-regs-official--title-12-part-91--12 CAR § 91-106}

12 CAR § 91-106. Reporting requirements.

(a)(1) State-funded drug task forces are to provide monthly or quarterly statistical data and complete other required reporting by the Arkansas Drug Director’s office and Office of Intergovernmental Services (the administering agency).

(2) Reports are to be completed in a timely manner and forwarded for review and compliance.

(3) The mandated reports and tools are designed to meet any federal or state reporting requirements.

(b) Deconflictions.

(1) DTF commanders shall ensure all task force operations and targets are entered into an approved deconfliction system, such as SAFETNet, provided by the Drug Enforcement Administration and/or RISSafe through regional organized crime information center.

(2) These accounts, setup, and training can be organized by the office of the director.

(3) SAFETNet account setup and training can be organized through the office of the director.

(c) NIBRS.

(1) As the Uniform Crime Reporting Program comes to a close (January 1, 2021), the National Index Based Reporting System (NIBRS) is the preferred method for the reporting of all DTF activity.

(2) Commanders shall take steps necessary to ensure all appropriate DTF case information is entered into NIBRS.

(3) If no participating agency within the DTF currently uses a NIBRS based system, the DTF shall notify the office of the director to begin the identification process for the acquisition of a system capable of collecting NIBRS data.

(d) Financial reporting.

(1) Monthly reimbursements must be submitted to the Office of Intergovernmental Services (the administering agency).

(2) The DTF utilization reports shall be reported to the Arkansas Alcohol and Drug Abuse Coordinating Council monthly by the Department of Finance and Administration.

(e) Annual local match report.

(1) An annual match report will be submitted to the director to ensure compliance of the required match.

(2) The Annual Match Report will include the following:

(A) Match amount;

(B) Approved categories;

(C) Expenditure amounts;

(D) Type of match (in-kind or cash); and

(E) The source of the match.

(f) Programmatic reporting.

(1) To capture drug task force performance, monthly and quarterly reports must be submitted to the director’s office and the Office of Intergovernmental Services.

(2) The reports must include the various metrics listed below to ensure proper outcomes and measures are being monitored:

(A) Number of organizations disrupted;

(B) Number of organizations dismantled;

(C) Number of drug arrests;

(D) Number of drug seizures;

(E) Total value of confiscations of street value of drugs seized in dollar amount;

(F) Number of investigations;

(G) Number of firearms seized with relations to drug offenses;

(H) Number of collaborative efforts with other law enforcement agencies;

(I) Number of deconflictions tracked;

(J) Number of prescription drugs (prescription take back) collected (pounds);

(K) Number of community engagement, drug, and opioid overdose prevention, education, and outreach awareness activities conducted by the task force, and the number of participants in those events; and

(L) Number of trainings accessed or attended as well as hosted trainings.

History

• Codification Notes: “DTF” means drug task force. Authority: Arkansas Code § 12-17-104

12 CAR § 91-107 Training compliance and mandated meeting requirements {#sec-12-car-91-107 omnilex-key=us-ar-regs-official--title-12-part-91--12 CAR § 91-107}

12 CAR § 91-107. Training compliance and mandated meeting requirements.

(a)(1) For state-funded DTFs, the training topics listed below, as well as any other identified trainings and law enforcement certified trainings, are required to be completed by each law enforcement officer paid with grant funds or in-kind.

(2) Additional trainings may be identified by the Arkansas Alcohol and Drug Abuse Coordinating Council and federal or grant partners.

(3) Trainings can be met through an agency requirement.

(b) DTF must attend commander’s meetings scheduled by the office of the Arkansas Drug Director or other required meetings identified.

(c) Bureau of Justice Assistance’s Task Force training requirement. All law enforcement officers associated with the DTF must complete this training as stated, as a special condition of JAG.

(d) Use of force.

(e) De-Escalation of conflict.

(f) Gender bias.

(g) Racial profiling (bias toward lesbian, gay, bisexual, other transgendered individuals, or any combination thereof).

(h) Community engagement (e.g., opioid, community policing, coalitions).

History

• Codification Notes: “DTF” means drug task force."JAG" means the Edward Byrne Memorial Justice Assistance Grant. Authority: Arkansas Code § 12-17-104