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16-100-206. Transfer of cases.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-100-206. Transfer of cases.
(a) A circuit court or district court that determines, on the circuit court's or district court's own motion or upon application by a person charged with but not yet convicted of a criminal offense in the court, that the person may be better served in a mental health specialty court program may transfer the case to the mental health specialty court if the person charged with the criminal offense would otherwise be eligible to enter into a mental health specialty court program.
(b)(1) The person charged with a criminal offense whose case the circuit court or district court is attempting to transfer to a mental health specialty court may oppose the transfer.
(2)(A) A person who opposes a transfer of his or her case to a mental health specialty court under this subsection shall be appointed counsel if he or she has not already retained counsel or had counsel retained for him or her by another person or entity.
(B) If after consulting his or her counsel the person still opposes the transfer of his or her case to a mental health specialty court, the case shall remain on the current docket and shall proceed under the normal course of that circuit court's or district court's docket.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-100-206
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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Record provenance
Stable record: arkansas_code:legal_authorities:16-100-206
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 12293edf9c5b211c0dcf69b3aca3c1d10855eb2cd57c1d026e90edecca1c0fb2
Source location: content.xml paragraph 41627
Stored source content
16-100-206. Transfer of cases.
(a) A circuit court or district court that determines, on the circuit court's or district court's own motion or upon application by a person charged with but not yet convicted of a criminal offense in the court, that the person may be better served in a mental health specialty court program may transfer the case to the mental health specialty court if the person charged with the criminal offense would otherwise be eligible to enter into a mental health specialty court program.
(b)(1) The person charged with a criminal offense whose case the circuit court or district court is attempting to transfer to a mental health specialty court may oppose the transfer.
(2)(A) A person who opposes a transfer of his or her case to a mental health specialty court under this subsection shall be appointed counsel if he or she has not already retained counsel or had counsel retained for him or her by another person or entity.
(B) If after consulting his or her counsel the person still opposes the transfer of his or her case to a mental health specialty court, the case shall remain on the current docket and shall proceed under the normal course of that circuit court's or district court's docket.
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