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16-10-701. Additional fees for specialty court programs — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-10-701. Additional fees for specialty court programs — Definitions.
(a) As used in this section:
(1) “Pre-adjudication” means the period of time after:
(A) The prosecuting attorney files a criminal information or an indictment is filed in circuit court;
(B) The person named in the criminal information or indictment is arraigned on the charge in circuit court; and
(C) The person enters a specialty court program without a guilty plea or the person enters a plea of guilty but before the circuit court enters a judgment and pronounces a sentence against the person; and
(2) “Specialty court program” means:
(A) A pre-adjudication program under § 5-4-901 et seq.;
(B) An approved drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.;
(C) A Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; and
(D) Any other specialty court program that has been approved by the Supreme Court, including without limitation specialty court programs known as:
(i) A DWI court;
(ii) A mental health court;
(iii) A veteran's court;
(iv) A juvenile drug court;
(v) A “HOPE” court;
(vi) A “smarter sentencing” court; and
(vii) A mental health crisis intervention center.
(b) In addition to any other court cost or court fee provided by law:
(1) A specialty court program user fee of up to two hundred fifty dollars ($250) shall be assessed on any participant in a specialty court program and remitted to the Administration of Justice Funds Section by the court clerk for deposit into the State Treasury as special revenues credited to the Specialty Court Program Fund; and
(2) A specialty court program public defender user fee not to exceed two hundred fifty dollars ($250) may be assessed by the court for a defendant w
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-10-701
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-10-701
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 73395c92e8c541518d40a4a1446cfd16cbd152bc5e84e948e104fa4ef00fc674
Source location: content.xml paragraph 2812
Stored source content
16-10-701. Additional fees for specialty court programs — Definitions.
(a) As used in this section:
(1) “Pre-adjudication” means the period of time after:
(A) The prosecuting attorney files a criminal information or an indictment is filed in circuit court;
(B) The person named in the criminal information or indictment is arraigned on the charge in circuit court; and
(C) The person enters a specialty court program without a guilty plea or the person enters a plea of guilty but before the circuit court enters a judgment and pronounces a sentence against the person; and
(2) “Specialty court program” means:
(A) A pre-adjudication program under § 5-4-901 et seq.;
(B) An approved drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.;
(C) A Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; and
(D) Any other specialty court program that has been approved by the Supreme Court, including without limitation specialty court programs known as:
(i) A DWI court;
(ii) A mental health court;
(iii) A veteran's court;
(iv) A juvenile drug court;
(v) A “HOPE” court;
(vi) A “smarter sentencing” court; and
(vii) A mental health crisis intervention center.
(b) In addition to any other court cost or court fee provided by law:
(1) A specialty court program user fee of up to two hundred fifty dollars ($250) shall be assessed on any participant in a specialty court program and remitted to the Administration of Justice Funds Section by the court clerk for deposit into the State Treasury as special revenues credited to the Specialty Court Program Fund; and
(2) A specialty court program public defender user fee not to exceed two hundred fifty dollars ($250) may be assessed by the court for a defendant who participates in a specialty court program designed for preadjudication purposes and who is appointed representation by a public defender and remitted to the Administration of Justice Funds Section by the court clerk for deposit into the State Treasury to the credit of the Public Defender User Fees Fund within the State Central Services Fund.
(c) A district court or circuit court may not assess and collect a fee under this section if the district court or circuit court is operating a specialty court program that has not been previously approved by or no longer meets the approval criteria of the Supreme Court.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-1701. Establishment.
The Administrative Office of the Courts shall:
(1) Create the Swift and Certain Accountability on Probation Pilot Program, awarding up to five (5) grants in the program's first year to counties or judicial districts requesting funds to establish probation programs to be administered by the Department of Community Correction designed to reduce recidivism by requiring swift, certain, and graduated sanctions for probationers in noncompliance;
(2) Possess the discretion to determine the appropriate number of grants based on the amount of money allocated for the program and the capacity of the applicants based on submitted proposals to successfully implement and evaluate the program;
(3) Ensure that grants awarded under this subchapter are awarded in a manner that promotes the strongest proposals and evaluation designs that have the broadest impact and that are evenly geographically distributed; and
(4) Employ a person who shall have as one-half (½) of his or her designated job duties the management of the program established under this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-1701
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-93-1701. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-98-301. Short title and definitions.
(a) This subchapter shall be known as the “Arkansas Drug Court Act”.
(b) As used in this subchapter:
(1) “Evidence-based practices” means supervision, policies, procedures, and practices proven through research to reduce recidivism;
(2) “Validated risk-needs assessment” means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior; and
(3) “Violent felony offense” means an offense that is punishable by a term of imprisonment exceeding one (1) year, and during the course of the offense:
(A) The person carried, possessed, or used a firearm or other dangerous weapon and the use of deadly force was used against another person; or
(B) Death or serious physical injury was inflicted upon another person, regardless of whether death or serious physical injury was an element of the crime for which the person was convicted.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-98-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-98-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-901. Legislative intent.
The intent of this act is to provide the judiciary with an additional alternative to the disposition of criminal offenders that would assist the offender in atoning for his or her criminal transgression and promote the enforcement of the state's criminal statutes while easing the inmate burden on the county jails and the Division of Correction.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-901
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-4-901. This identifies an authority to review, not proof of applicability.