(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.Amended by Act 2019, No. 444,§ 1, eff. 7/24/2019.Acts 1997, No. 851, § 1.
Arkansas Legal Code