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16-98-201. Qualifications — Waiver.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-98-201. Qualifications — Waiver.
Any judicial district, with the agreement of the parties, may establish a program whereby a defendant may be transferred to a pretrial or post-trial treatment program for drug abuse, provided that:
(1) The treatment program is at least one (1) year in length and meets the minimum standards of treatment promulgated by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;
(2) The charge or charges against the defendant carries a punishment which may be suspended;
(3) The defendant waives his or her rights to a speedy trial and such other rights as are agreed to by the parties and executes a consent for a limited release of confidential information regarding treatment permitting the judge, the prosecutor, and the defense attorney access to information relating to attendance, attitude, participation, and results of drug screens; and
(4)(A) The defendant is eighteen (18) years of age or older.
(B) This provision may be waived with the consent of the prosecuting attorney.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-98-201
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:16-98-201
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3a3e2c3fc5484b83d01c49981e81362e45eee43dfd57b117b8e5353a3efa1f3d
Source location: content.xml paragraph 41110
Stored source content
16-98-201. Qualifications — Waiver.
Any judicial district, with the agreement of the parties, may establish a program whereby a defendant may be transferred to a pretrial or post-trial treatment program for drug abuse, provided that:
(1) The treatment program is at least one (1) year in length and meets the minimum standards of treatment promulgated by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;
(2) The charge or charges against the defendant carries a punishment which may be suspended;
(3) The defendant waives his or her rights to a speedy trial and such other rights as are agreed to by the parties and executes a consent for a limited release of confidential information regarding treatment permitting the judge, the prosecutor, and the defense attorney access to information relating to attendance, attitude, participation, and results of drug screens; and
(4)(A) The defendant is eighteen (18) years of age or older.
(B) This provision may be waived with the consent of the prosecuting attorney.
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