Did the Arkansas AG approve the regional crisis stabilization unit interlocal agreement among Pulaski County and seven nearby counties and cities?

Plain-English summary

Pulaski County's Regional Crisis Stabilization Unit (CSU) is a mental-health diversion facility authorized by the Criminal Justice Efficiency and Safety Act of 2017 (Ark. Code Ann. § 20-47-801 et seq.). To pool funding across the central Arkansas region, eight counties (Pulaski, Saline, Faulkner, Garland, Grant, Lonoke, Perry, Jefferson) and five cities (Little Rock, North Little Rock, Sherwood, Jacksonville, Maumelle) entered into an interlocal agreement, which the Pulaski County Attorney's Office submitted to the AG for approval.

The AG approved the agreement as submitted. All thirteen parties qualify as "public agencies" under the Interlocal Cooperation Act (Ark. Code Ann. § 25-20-103(1)). Joint funding of a regional crisis stabilization unit falls within the joint exercise of governmental powers each party has individually. The agreement contained the six required elements under § 25-20-104(c) plus the two additional elements required when no separate legal entity is created.

Currency note

This opinion was issued in 2018. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The Criminal Justice Efficiency and Safety Act of 2017 set up the framework for crisis stabilization units in Arkansas. Verify the current status of these statutes and the operational status of regional CSUs before relying on this opinion for current legal advice.

What a Crisis Stabilization Unit does

CSUs under the 2017 Act are intended as alternatives to jail for individuals in mental-health crisis. The Pulaski Regional CSU serves the eight-county area covered by this agreement. By pooling funding across multiple counties and cities, the participants can support a single shared facility instead of each county trying to maintain its own.

The interlocal agreement governs the financial side of that pooling, not operational details. The AG's approval is limited to verifying that the agreement is in proper form and consistent with state law.

Common questions

What is the Criminal Justice Efficiency and Safety Act of 2017?
A statute (Ark. Code Ann. § 20-47-801 et seq.) authorizing crisis stabilization units as part of broader criminal-justice and mental-health reform.

What is an interlocal agreement?
A formal cooperative agreement under the Interlocal Cooperation Act (Ark. Code Ann. § 25-20-101 et seq.) that lets two or more public agencies jointly exercise any governmental power any of them has individually.

Why does the AG have to approve it?
Section 25-20-104(f) requires AG approval as proper in form and consistent with state law before the agreement takes effect.

Background and statutory framework

Section 25-20-104(a) lets public agencies jointly exercise any governmental power they have individually. Counties and cities all have authority to support mental-health services, criminal-justice diversion, and related social services. Joint funding of a regional CSU fits within that authority.

The required elements under § 25-20-104(c) and (d) are the same six and two listed in companion opinion 2017-0132 (the Rock Region METRO transit agreement issued the same day).

Citations

• Ark. Code Ann. § 25-20-101 et seq. (Interlocal Cooperation Act)
• Ark. Code Ann. § 25-20-103(1) (definition of public agency)
• Ark. Code Ann. § 25-20-104 (form requirements; AG approval)
• Ark. Code Ann. § 20-47-801 et seq. (Criminal Justice Efficiency and Safety Act of 2017; crisis stabilization units)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2018-009
February 6, 2018
Chastity Scifres, Esq.
Pulaski County Attorney's Office
201 South Broadway, Suite 400
Little Rock, AR 72201

Dear Ms. Scifres:

You have requested approval, pursuant to the Interlocal Cooperation Act (Ark. Code Ann. § 25-20-101 et seq.), of a proposed agreement between Pulaski County, Arkansas and the Counties of Saline, Faulkner, Garland, Grant, Lonoke, Perry, and Jefferson, and the Cities of Little Rock, North Little Rock, Sherwood, Jacksonville, and Maumelle, concerning a regional crisis stabilization unit authorized under the Criminal Justice Efficiency and Safety Act of 2017 (Ark. Code Ann. § 20-47-801 et seq.). You have submitted a copy of the agreement, entitled "Interlocal Agreement," the terms of which provide for the parties' joint, cooperative action regarding the funding of the Pulaski County Regional Crisis Stabilization Unit. You seek my approval of the Interlocal Agreement, pursuant to the statutory requirement that I approve as proper in form and consistent with state law any interlocal agreement to undertake a joint enterprise between or among "public agencies."

[Footnote: The Counties and Cities listed clearly qualify as "public agencies" under § 25-20-103(1). With respect to the range of permissible agreements, subsection 25-20-104(a) provides that any governmental powers, privileges, or authority exercisable by a public agency alone may be exercised and enjoyed jointly with any other public agency of this state which has the same powers, privileges, or authority under the law. This grant of authority would generally include an agreement between political subdivisions to cooperate in the funding of a regional crisis stabilization unit authorized under Ark. Code Ann. § 20-47-801 et seq.]

The Interlocal Cooperation Act requires that interlocal agreements for joint or cooperative action specify the following items:

(1) The duration of the agreement;
(2) The identity of any separate legal entity to conduct the undertaking;
(3) The purposes of the agreement;
(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for it;
(5) The methods of accomplishing termination of the agreement and for the disposal of property (if any) upon termination;
(6) Any other necessary and proper matters.

In addition, if the interlocal agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, it must specify the following items:

(1) The provision for an administrator or a joint board that will be responsible for administering the joint or cooperative undertaking; and
(2) The manner of acquiring holding, and disposing of real and personal property (if any) used in the joint or cooperative undertaking.

Having reviewed the Interlocal Agreement, I find that it meets all of the requirements set forth above. Accordingly, I hereby approve the Interlocal Agreement as submitted.

LESLIE RUTLEDGE
Attorney General