2020 Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 7 - Particular Proceedings And Remedies
Chapter 106 - Actions by or Against State
Subchapter 3 - Prisoners — Administrative Remedies
§ 16-106-301. Exhaustion of administrative remedies required — Definition
(a) 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.
(b) As used in this section, “incarcerated person” means a person who:
(1) Has been convicted of an offense and is incarcerated for that offense; or
(2) Is being held in custody for trial or sentencing.
(c) This section does not apply to an action challenging the validity of a conviction or sentence, including without limitation the following actions:
(1) Direct appeal;
(2) A petition under Rule 37 of the Arkansas Rules of Criminal Procedure;
(3) A petition for writ of error coram nobis; or
(4) A petition for writ of habeas corpus.
(d) 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.
