{"data":{"id":"us-ar/ark.-code-ann.-16-106-301","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 16-106-301","heading":"Exhaustion of administrative remedies required - Definition","body":"(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.\n\n(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.\n\n(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.\n\n(1) Has been convicted of an offense and is incarcerated for that offense; or\n\n(2) Is being held in custody for trial or sentencing.\n\n(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.\n\n(1) Direct appeal;\n\n(2) A petition under Rule 37 of the Arkansas Rules of Criminal Procedure;\n\n(3) A petition for writ of error coram nobis; or\n\n(4) A petition for writ of habeas corpus.\n\n(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 .","path":["AR Code","Title 16","Chapter 106","Subchapter 3"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"453813faa29c447cf878fdca7c607312eb584cafd3e530c418a7a0c17ca56d8b","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-16-106-204","next":"us-ar/ark.-code-ann.-16-106-302"},"notice":"GroundRules: Original legal text. Not legal advice."}