Section 9-27-320 - Fingerprinting or photographing(a)(1) When a juvenile is arrested for any offense that if committed by an adult would constitute a Class Y, Class A, or Class B felony, the juvenile shall be photographed and fingerprinted by the law enforcement agency.(2) In the case of an allegation of delinquency, a juvenile shall not be photographed or fingerprinted under this subchapter by any law enforcement agency unless he or she has been taken into custody for the commission of an offense that, if committed by an adult, would constitute a Class Y, Class A, or Class B felony.(b)(1) Copies of a juvenile's fingerprints and photographs shall be made available only to other law enforcement agencies, the Arkansas Crime Information Center, prosecuting attorneys, and the juvenile division of circuit court.(2) Photographs and fingerprints of juveniles adjudicated delinquent for offenses for which they could have been tried as adults shall be made available to prosecuting attorneys and circuit courts for use at sentencing in subsequent adult criminal proceedings against those same individuals.(3)(A) When a juvenile departs without authorization from a youth services center or other facility operated by the Division of Youth Services for the care of delinquent juveniles, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Youth Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the Director of the Division of Youth Services deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare.(B) When a juvenile departs without authorization from the Arkansas State Hospital, if at the time of departure the juvenile is committed as a result of an acquittal on the grounds of mental disease or defect for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the Director of the Division of Aging, Adult, and Behavioral Health Services deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare.(C) When a juvenile departs without authorization from a local juvenile detention facility, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the director of the juvenile detention facility shall release to the general public the name, age, and description of the juvenile and any other pertinent information the director of the juvenile detention facility deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare.(c) Each law enforcement agency in the state shall keep a separate file of photographs and fingerprints, it being the intention that the photographs and fingerprints of juveniles not be kept in the same file with those of adults.(d) When a juvenile is adjudicated delinquent for an offense for which the juvenile could be charged as an adult: (1) The arresting law enforcement agency shall ensure that the fingerprints and photograph of the juvenile have been properly taken and submitted; and(2) The court shall submit the adjudicated delinquent information to the center.(e) If the juvenile is found not to have committed the alleged delinquent act, the court may order a law enforcement agency to return all pictures and fingerprints to the circuit court and shall order the law enforcement agency that took the juvenile into custody to mark the arrest record with the notation "found not to have committed the alleged offense".(f) The center shall create a form to be used for the reporting and expungement of juvenile information.(g) If the juvenile is arrested for a Class Y, Class A, or Class B felony but not charged, the prosecuting attorney shall submit the information to the center and the arrest shall be removed from the center's records.Amended by Act 2017, No. 913,§ 26, eff. 8/1/2017Amended by Act 2015, No. 1016,§ 2A, eff. 7/22/2015Acts 1989, No. 273, § 19; 1993, No. 535, § 4; 1993, No. 551, § 4; 1994 (2nd Ex. Sess.), No. 69, § 3; 1994 (2nd Ex. Sess.), No. 70, § 3; 1997, No. 332, § 1; 2001, No. 177, § 1; 2001, No. 1712, § 1; 2003, No. 1166, § 11