AR SB116

Incarcerated persons must exhaust all available administrative remedies before filing actions concerning prison conditions under the Arkansas Civil Rights Act of 1993, state law, 42 U.S.C. § 1983, or federal law.

"Incarcerated person" is defined as someone convicted of an offense and incarcerated for that offense, or someone held in custody for trial or sentencing.

The statute of limitations is tolled during the period when an application for administrative remedies is pending.

The exhaustion requirement does not apply to actions challenging the validity of a conviction or sentence, including direct appeals, Rule 37 petitions, writs of error coram nobis, or habeas corpus petitions.

Courts may reference state and federal court decisions interpreting the Prison Litigation Reform Act (42 U.S.C. § 1997e) when determining whether administrative remedies have been exhausted, including in cases of dismissal without prejudice.