Does Act 860 of 1983, which authorizes court costs for expenses relating to the keeping of prisoners by the county, permit the use of these funds for expenses incurred in the relocation of the police department offices from one part of the building to another, so they will be closer to the jail? AN

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 - STEVE CLARK ATTORNEY GENERAL (501) 371-2007 OPINION NO. 86-33 February 6, 1986 The Honorable Bobby L. Glover State Representative Glover Building Carlisle, Arkansas 72024 Dear Representative Glover: This letter is in response to your request for an opinion concerning the following question: Does Act 860 of 1983 permit the use of moneys derived therefrom to be used for expenses incurred in the relocation of the Police Department offices from one part of the building to an area closer to the jail? Act 860 of 1983, the same being Ark. Stat. Ann. §§22-706.4 and 22-706.5, states in pertinent part: The moneys collected by the levy of additional court. costs authorized by this Act shall be deposited in the appropriate city treasury to the credit of the fund to be known as the "Criminal Justice Fund" and such moneys ' shall be used solely for reimbursing the county for expenses incurred in incarcerating city prisoners or to reimburse the city for’ keeping prisoners in the city jail. (Emphasis added.) Generally, moneys collected by taxation or through ‘the levy _ of fines for a specific purpose are not to be used for any “purpose other than that specified in the authorizing legis~ | . -Lation. Therefore, it would not appear that moneys collected pursuant to the statute, for purposes of incarcerating , prisoners or reimbursing the city for keeping prisoners in ‘the city jail, could be used for expenses incurred in the relocation of the Police Department offices. This is true, despite the fact that the move would be conducive to closer supervision of prisoners. Payment of salaries and overhead af The Honorable Bobby L. Glover February 6, 1986 Page 2 expenses pertaining to the care and maintenance of prisoners would also appear to be beyond the scope of permissible use of the funds unless the moneys were used specifically to reimburse the city for expenses incurred in the actual incarceration. The foregoing opinion, which I hereby approve, was prepared by Special Assistant Attorney General George A. Harper. Sincerely, Attorndgy General ' JSC: GAH: jk