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Arkansas Code Title 16. Practice, Procedure, and Courts § 16-93-1909. Subpoena of witnesses and documents for revocation of post-release supervision

Current as of March 28, 2024 | Updated by FindLaw Staff

<Text of section effective Jan. 1, 2024.>

(a)(1) The following persons have the power to issue oaths, subpoena witnesses to appear, and subpoena the production of any relevant books, papers, records, or documents under this subchapter:

(A) The Chair of the Post-Prison Transfer Board or his or her designee;

(B) The administrator of the Post-Prison Transfer Board;

(C) Any member of the Post-Prison Transfer Board; and

(D) The revocation hearing judge presiding over any preliminary hearing concerning an alleged violation of the conditions of post-release supervision.

(2)(A) A subpoena issued under this section shall be:

(i) Directed to the county sheriff, county coroner, or constable of any county where the designated witness resides or is found; and

(ii) Served and returned in the same manner as subpoenas in civil actions in the circuit courts.

(B) An endorsed affidavit on a subpoena of a person eighteen (18) years of age or older is proof of service of the subpoena.

(b) The fees and mileage expenses prescribed by law for witnesses in civil cases shall be paid by the Division of Correction for any witness subpoenaed to appear under this section.

(c)(1) If a person fails or refuses to comply with a subpoena issued under this section to testify or answer to any matter regarding which the person may be lawfully interrogated, a circuit court in this state, on application of the hearing officer or the chair, shall issue an attachment for the person and compel him or her to comply with the subpoena and appear before the revocation hearing judge or the board and produce any testimony or documents as may be required.

(2)(A) The circuit court shall have the same power to punish any contempt, in case of disobedience, as in civil cases.

(B) It is a criminal violation for a witness to refuse or neglect to appear and testify, punishable upon conviction by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(d) A person knowingly testifying falsely under oath before the board or at a preliminary hearing in which probable cause for revocation of transfer to post-release supervision is to be considered as to any matter material to lawful inquiry by the board or revocation hearing judge may be charged with perjury.

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Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-93-1909. Subpoena of witnesses and documents for revocation of post-release supervision - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-93-1909/

Read this complete Arkansas Code Title 16. Practice, Procedure, and Courts § 16-93-1909. Subpoena of witnesses and documents for revocation of post-release supervision on Westlaw. Westlaw subscription required.

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