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16-98-304. Cost and fees.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-98-304. Cost and fees.
(a) The adult or juvenile drug court judge may order the offender to pay:
(1) Court costs as provided in § 16-10-305;
(2) Treatment costs;
(3) Drug testing costs;
(4) A local program user fee;
(5) Necessary supervision fees, including any applicable residential treatment fees;
(6) Any fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that are to be paid to the Department of Community Correction;
(7) Global Positioning System monitoring; and
(8) Continuous alcohol monitoring fees.
(b)(1) The drug court judge shall establish a schedule for the payment of costs and fees.
(2) The cost for treatment, drug testing, continuous alcohol monitoring if ordered, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the drug court judge for payment.
(3) Program user fees shall be set by the drug court judge.
(4) Treatment, drug testing, continuous alcohol monitoring if ordered, and supervision costs or fees shall be paid to the respective providers.
(5) Fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) shall be paid to the Department of Community Correction.
(6)(A) All court costs and program user fees assessed by the drug court judge shall be paid to the court clerk for remittance to the county treasury under § 14-14-1313.
(B) All installment payments shall initially be deemed to be collection of court costs under § 16-10-305 until the court costs have been collected in full with any remaining payments representing collections of other fees and costs as authorized in this section and shall be credited to the county administration of justice fund and distributed under § 16-10-307.
(C) Local program user fee
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-98-304
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:16-98-304
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d4164d743af2b6d742a8235e33e59c2e10c6c4975d2a303dd45b55404405d299
Source location: content.xml paragraph 41305
Stored source content
16-98-304. Cost and fees.
(a) The adult or juvenile drug court judge may order the offender to pay:
(1) Court costs as provided in § 16-10-305;
(2) Treatment costs;
(3) Drug testing costs;
(4) A local program user fee;
(5) Necessary supervision fees, including any applicable residential treatment fees;
(6) Any fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that are to be paid to the Department of Community Correction;
(7) Global Positioning System monitoring; and
(8) Continuous alcohol monitoring fees.
(b)(1) The drug court judge shall establish a schedule for the payment of costs and fees.
(2) The cost for treatment, drug testing, continuous alcohol monitoring if ordered, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the drug court judge for payment.
(3) Program user fees shall be set by the drug court judge.
(4) Treatment, drug testing, continuous alcohol monitoring if ordered, and supervision costs or fees shall be paid to the respective providers.
(5) Fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) shall be paid to the Department of Community Correction.
(6)(A) All court costs and program user fees assessed by the drug court judge shall be paid to the court clerk for remittance to the county treasury under § 14-14-1313.
(B) All installment payments shall initially be deemed to be collection of court costs under § 16-10-305 until the court costs have been collected in full with any remaining payments representing collections of other fees and costs as authorized in this section and shall be credited to the county administration of justice fund and distributed under § 16-10-307.
(C) Local program user fees shall be credited to a fund known as the “drug court program fund” and appropriated by the quorum court for the benefit and administration of the drug court program.
(7) Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-27-125. Division of Community Correction — Creation — Powers and duties.
(a) There is established, under the supervision, control, and direction of the Board of Corrections, a Division of Community Correction.
(b) The Division of Community Correction shall have the following functions, powers, and duties, administered in accordance with the policies and rules promulgated by the Board of Corrections:
(1) It shall assume management and control over all properties, both real and personal, facilities, books, records, equipment, supplies, materials, contracts, funds, moneys, equities, and all other properties belonging to the Arkansas Adult Probation Commission [abolished], and all such properties transferred from the Department of Correction, as the Division of Correction was known as prior to July 1, 2019, by the Board of Corrections;
(2)(A) It shall have management and control over all community correction services.
(B) It shall have management and control over all community correction facilities within the purview of the Board of Corrections existing on or created after July 1, 1993;
(3) It shall employ such officers, employees, and agents and shall secure such offices and quarters as deemed necessary to discharge the functions of the Division of Community Correction, and which are appropriately funded;
(4) It may establish and operate regional community correction facilities if funds for the regional community correction facilities have been authorized and appropriated by the General Assembly;
(5)(A) It may exercise all legally sanctioned supervision and appropriate care over all offenders referred with proper documentation from the circuit courts and all offenders transferred with proper documentation from the Division of Correction pursuant to polic
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-27-125
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 12-27-125. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-14-1313. Remittance of public funds.
All public funds coming into the possession of any officer of the county shall be remitted to the county treasury in a manner prescribed by law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-14-1313
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 14-14-1313. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-10-305. Court costs.
(a) There shall be levied and collected the following court costs from each defendant upon each conviction, each plea of guilty or nolo contendere, or each forfeiture of bond:
(1) In circuit court, one hundred fifty dollars ($150) for a misdemeanor or felony violation of state law, excluding a violation of:
(A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.;
(B) The Underage DUI or BUI Law, § 5-65-301 et seq.;
(C) Section 5-75-101 et seq.;
(D) Section 27-23-114;
(E) Section 15-42-127; or
(F) Section 27-37-701 et seq.;
(2) In district court, one hundred dollars ($100) for an offense that is a misdemeanor or violation of state law, excluding a violation of:
(A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.;
(B) The Underage DUI or BUI Law, § 5-65-301 et seq.;
(C) Section 5-75-101 et seq.;
(D) Section 27-23-114;
(E) Section 15-42-127; or
(F) Section 27-37-701 et seq.;
(3) In circuit court or district court, seventy-five dollars ($75.00) for a traffic offense that is a misdemeanor or violation under state law or local ordinance, excluding a violation of:
(A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.;
(B) The Underage DUI or BUI Law, § 5-65-301 et seq.;
(C) Section 5-75-101 et seq.;
(D) Section 27-23-114;
(E) Section 15-42-127; or
(F) Section 27-37-701 et seq.;
(4) In district court, for a nontraffic offense that is a misdemeanor or violation under local ordinance, twenty-five dollars ($25.00);
(5) In circuit court or district court, three hundred dollars ($300) for violations of:
(A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.;
(B) The Underage DUI or BUI Law, § 5-65-301 et seq.;
(C) Section 5-75-101 et seq.;
(D) Section 27-23-114; or
(E) Section 15-42-127;
(6)(A) In circuit court o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-10-305
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 16-10-305. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-104. Supervision fee — Direct payment by offender — Failure to pay.
(a)(1) Any offender on probation, parole, or transfer under supervision of the Division of Community Correction shall pay to the division a monthly fee of thirty-five dollars ($35.00).
(2) The Director of the Division of Community Correction or his or her designee shall deposit each payment received into the State Treasury as special revenues credited to the Community Correction Revolving Fund.
(3) Expenditures from the fund shall be used for continuation and expansion of community correction programs and supervision as established and approved by the Board of Corrections.
(b)(1) When an offender on probation defaults in the payment of supervision fees or any installment thereof, the court may require the offender to show cause why he or she would not be imprisoned for nonpayment.
(2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so to the court in writing, under oath, and the court so finds.
(3) Unless the offender shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court may order the defendant imprisoned until the payments are made.
(4) If the court determines that the default in payment is not attributable to the causes specified in subdivision (b)(3) of this section, the court may enter an order allowing the offender additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion thereof in whole or in part.
(c)(1) The offender on parole may be imprisoned for violation of parole if the offender is financia
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-104
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 16-93-104. This identifies an authority to review, not proof of applicability.