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16-13-709. Responsibility for collection.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-13-709. Responsibility for collection.
(a)(1)(A)(i) The quorum court of each county of the state shall designate a county official, agency, or department which shall be primarily responsible for the collection of fines assessed in the circuit courts of this state.
(ii) All fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law.
(iii) The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court.
(B)(i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor.
(ii) The contractor may receive, under a written contract, a commission on delinquent fines collected for circuit court.
(C)(i) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant.
(ii) The court shall credit the defendant with the gross amount remitted to the private contractor.
(iii) The private contractor shall remit the gross amounts collected to the county official, agency, or department designated under subdivision (a)(1)(A) of this section on at least a monthly basis.
(iv) Payment of the commission shall be through the county claims process.
(v) The county treasurer shall make a pro rata disbursement of the remaining fines to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-13-709
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:16-13-709
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 868133480fec7e5b4334c6435569b74a163932a7cd332b8ceb0e49035d1ceda6
Source location: content.xml paragraph 4910
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16-13-709. Responsibility for collection.
(a)(1)(A)(i) The quorum court of each county of the state shall designate a county official, agency, or department which shall be primarily responsible for the collection of fines assessed in the circuit courts of this state.
(ii) All fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law.
(iii) The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court.
(B)(i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor.
(ii) The contractor may receive, under a written contract, a commission on delinquent fines collected for circuit court.
(C)(i) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant.
(ii) The court shall credit the defendant with the gross amount remitted to the private contractor.
(iii) The private contractor shall remit the gross amounts collected to the county official, agency, or department designated under subdivision (a)(1)(A) of this section on at least a monthly basis.
(iv) Payment of the commission shall be through the county claims process.
(v) The county treasurer shall make a pro rata disbursement of the remaining fines to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law.
(2)(A)(i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court shall designate a county, town, or city official, agency, or department who shall be primarily responsible for the collection of fines assessed in the district courts of this state.
(ii) All fines collected each month in district court or a department of district court by the designated county, town, or city official, agency, or department shall be disbursed by the tenth working day of the following month pursuant to § 16-17-707.
(B) The chief of police of the town or city in which a district court is located shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in district court.
(C)(i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court may delegate the responsibility for the collection of delinquent fines assessed in district court to a private contractor.
(ii) The contractor may receive under a written contract a commission on delinquent fines collected for district court.
(iii) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant.
(iv) The court shall credit the defendant with the gross amount remitted to the private contractor.
(v) The private contractor shall remit the gross amount collected to the county, town, or city official, agency, or department designated under subdivision (a)(2)(A) of this section on a monthly basis.
(vi) The commission expense shall be apportioned among each governing body of a political subdivision which contributes to the expenses of a district court in proportion to the gross amount of fines collected for that political subdivision.
(vii) Payment of the commission shall be according to accounting procedures prescribed by law.
(viii) The remainder of fines received shall be disbursed pro rata under this section and §§ 16-10-209, 16-10-308, and 16-17-707.
(3) “Delinquent” means any fines assessed in the circuit courts or district courts of this state which have not been paid as ordered for a period of ninety (90) days or three (3) payments, either consecutive or concurrent, since payment was ordered or since last partial payment was received.
(4) A copy of the ordinance making the designation shall be provided to the Administrative Office of the Courts.
(b)(1) If a private contractor is selected to collect delinquent fines, then to ensure the integrity of the court and to protect the county, town, or city, the contractor shall register with the Secretary of State and shall file with the Secretary of State a surety bond or certificate of deposit.
(2) The amount of the surety bond or certificate of deposit shall be fifty thousand dollars ($50,000).
(3) The county, town, city, or any person suffering damage by reason of the acts or omissions of the contractor may bring action on the bond for damages.
(4) A contractor shall be ineligible to provide such services if the owner, operator, partner, or employee has been convicted of a felony.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-10-209. Court clerk — Activities and clerical duties.
The following activities and clerical duties relating to court functions shall be required of all court clerks:
(1)Collection, Receipt, and Deposit Procedures.
(A) A prenumbered receipt must be issued for all moneys collected.
(B) Prenumbered manual receipts must meet the following minimum standards:
(i) All receipt books must be prenumbered by the printer, and a printer's certificate shall be furnished to the court clerk, which shall be made available for inspection;
(ii) The certificate must state the printing date, the numerical sequence of receipts printed, and the printer's name; and
(iii) All void or spoiled receipts must be accounted for by attaching the original copy of the receipt to the duplicate copy of the receipt in the receipt book, with the reason for the void or spoiled receipt documented and retained for audit purposes.
(C) If an electronic receipting system is used, the system must be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.
(D)(i) For those checks forwarded with the arrest reports, the receipt shall be issued in the name of the police department, marshal's office, or sheriff's office.
(ii) For those receipts issued at court date, the court clerk shall issue such receipts in the name of the defendant, regardless of who paid the bond or fine or who collected the bond or fine, indicating on the receipt the method of payment, such as cash, check, money order, or credit card.
(E) Receipts shall be deposited intact daily into the separate bank account maintained by the court clerk.
(F)(i) The bank deposit slips prepared by the court clerk shall contain the range of receipt numbers evidencing such col
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-10-209
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 16-10-209. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-10-308. City administration of justice fund.
(a)(1) There is hereby created in each town or city which operates a district court a fund in the office of the city treasurer to be known as the “city administration of justice fund”.
(2)
(A) A town or city operating a city court that becomes a department of district court shall continue to maintain the city administration of justice fund as originally established by this section.
(B) The city administration of justice fund of any town or city shall cease to exist on and after the effective date of the ordinance that abolishes the department of district court for that town or city pursuant to state law.
(b) The city administration of justice fund shall be used to defray a part of the expense of the administration of justice in the town or city. From the fund, the town or city shall continue to finance the following town or city agencies and programs which are currently funded, in whole or in part, by filing fees and court costs, at a funding level equal to not less than the greater of the amount which was collected by the town or city from court costs and filing fees for the agency or program in the calendar year ending December 31, 1994, or the amount appropriated by ordinance enacted prior to December 31, 1994, to the agency or program for the calendar year ending December 31, 1995:
(1) The municipal court judge and clerk retirement fund for disbursement as otherwise provided by law;
(2) The police and fire pension fund;
(3) The intoxication detection equipment fund;
(4) All municipal-level programs and agencies funded in whole or in part by court costs and filing fees assessed and collected by the district court, notwithstanding the repeal by this act of laws authorizing the collection of court costs a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-10-308
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 16-10-308. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-17-707. Separate accounting records of fines, etc. — Disbursements.
(a) The district court clerk shall keep three (3) separate accounting records of all fines, penalties, forfeitures, fees, and costs received by him or her for any of the officers of the town, city, or county, as provided in this subchapter:
(1) The first class of accounting records shall embrace all sums collected in the district court in all nontraffic cases which are misdemeanors or violations of the town or city ordinances and all cases which are misdemeanors or violations under state law or traffic offenses which are misdemeanors or violations under state law or town or city ordinance committed within the corporate limits of the town or city where the court sits, where the arresting officer was a police officer or other officer of the town or city, a Division of Arkansas State Police officer or other certified law enforcement officer of the state, or an officer of a private or public college or university located within the corporate limits of the town or city where the court sits;
(2) The second class of accounting records shall embrace all sums collected in the district court in all nontraffic cases which are misdemeanors or violations of county ordinances or are misdemeanors or violations of any of the laws of the state where the arresting officer was the county sheriff or a deputy sheriff or was not a police officer or other officer of the town or city where the court sits, and the offense was committed outside the corporate limits of the town or city where the court sits, and in all other criminal or traffic proceedings not specifically enumerated in this section; and
(3)(A) The third class of accounting records shall embrace all sums collected in the district court in all civil and
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-17-707
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 16-17-707. This identifies an authority to review, not proof of applicability.