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27-16-915. Suspension for conviction of controlled substances offense — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-16-915. Suspension for conviction of controlled substances offense — Definitions.
(a) As used in this section:
(1) “Drug offense” has the meaning as provided in § 5-64-710; and
(2) “Specialty court” means one (1) of the following:
(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 probation program under the Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; or
(D) A specialty court program that has been approved by the Supreme Court, including without limitation a specialty court program 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; or
(vi) A “smarter sentencing” court.
(b)(1)(A) When a person is accepted and enrolled in a court-approved pre-adjudication specialty court program for an offense involving the illegal possession or use of a controlled substance, pleads guilty or nolo contendere, or is found guilty of any criminal offense involving the illegal possession or use of controlled substances under the Uniform Controlled Substances Act, § 5-64-101 et seq., or of any drug offense, in this state or any other state, the court having jurisdiction of the matter, including any federal court, unless there are compelling circumstances warranting an exception, shall prepare and transmit to the Department of Finance and Administration an order to suspend the driving privileges of the person for six (6) months, provided the order regarding a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., or under the laws of another state shall includ
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-16-915
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:27-16-915
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e62806e0b355236362ef77eebb54c2c1b5ae802f88e2d10def112e6c4103eb9d
Source location: content.xml paragraph 7037
Stored source content
27-16-915. Suspension for conviction of controlled substances offense — Definitions.
(a) As used in this section:
(1) “Drug offense” has the meaning as provided in § 5-64-710; and
(2) “Specialty court” means one (1) of the following:
(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 probation program under the Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; or
(D) A specialty court program that has been approved by the Supreme Court, including without limitation a specialty court program 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; or
(vi) A “smarter sentencing” court.
(b)(1)(A) When a person is accepted and enrolled in a court-approved pre-adjudication specialty court program for an offense involving the illegal possession or use of a controlled substance, pleads guilty or nolo contendere, or is found guilty of any criminal offense involving the illegal possession or use of controlled substances under the Uniform Controlled Substances Act, § 5-64-101 et seq., or of any drug offense, in this state or any other state, the court having jurisdiction of the matter, including any federal court, unless there are compelling circumstances warranting an exception, shall prepare and transmit to the Department of Finance and Administration an order to suspend the driving privileges of the person for six (6) months, provided the order regarding a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., or under the laws of another state shall include the suspension of the driving privileges of that person to drive a commercial motor vehicle, as the term “commercial motor vehicle” is defined in § 27-23-103, or as similarly defined by the laws of any other state, for a period of one (1) year.
(B) Unless there are compelling circumstances warranting an exception, courts within the State of Arkansas shall prepare and transmit to the department an order within twenty-four (24) hours after the:
(i) Plea of guilty or nolo contendere;
(ii) Finding of guilt; or
(iii) Acceptance and enrollment in a specialty court.
(C) Unless there are compelling circumstances warranting an exception, courts outside Arkansas having jurisdiction over a person holding driving privileges issued by the State of Arkansas shall prepare and transmit an order under an agreement or arrangement entered into between that state and the Secretary of the Department of Finance and Administration.
(D) The agreement or arrangement may also provide for the forwarding by the department of an order issued by a court within this state to the state where the person holds driving privileges issued by that state.
(2)(A) For a person holding driving privileges issued by the State of Arkansas, a court within the State of Arkansas may provide in an order for the issuance of a restricted driving permit to allow driving to and from:
(i) A mandatory court appearance;
(ii) A mandatory random drug-testing appearance;
(iii) A place of employment or as required in the scope of employment;
(iv) A scheduled session or meeting of a support or counseling organization;
(v) An educational institution for the purpose of attending a class if the person is enrolled in a course of study or program of training at the educational institution;
(vi) A treatment program for persons who have addiction or abuse problems related to a substance or controlled substances;
(vii) A doctor, hospital, or clinic appointment or admission for medical treatment or care for an illness, disease, or other medical condition of the person or a family member; or
(viii) Enrollment, compliance, and participation in a specialty court program if the person is accepted into a specialty court program.
(B)(i) Courts within the State of Arkansas shall prepare and transmit to the department an order for a restricted driving permit issued under this section within three (3) business days after the entry of the order.
(ii) The department shall transmit to the Arkansas Crime Information Center an order for a restricted driving permit within three (3) business days after receipt of the order from the court.
(C) The court shall not issue a restricted driving permit under subdivision (b)(2)(A) of this section if the person's driving privileges are subject to:
(i) A revocation in the State of Arkansas or another state;
(ii) A suspension wherein a court has prohibited the issuance of a restricted driving permit;
(iii) A suspension for an offense committed outside of the State of Arkansas where the person is restricted to the use of an ignition interlock device; or
(iv) A suspension under:
(a) Section 5-65-104;
(b) Section 5-65-205;
(c) Section 5-65-304;
(d) Section 5-65-310;
(e) Section 9-14-239;
(f) Section 27-16-905;
(g) Section 27-16-907(b)(4)-(6);
(h) Section 27-16-908;
(i) Section 27-16-909;
(j) Section 27-19-610;
(k) Section 27-19-707, unless the judgment creditor has furnished written consent to allow a restricted driving permit; or
(l) The Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq.
(D) The court shall not issue a restricted permit to operate a commercial motor vehicle.
(c) Upon receipt of an order of denial of driving privileges under this section, the department shall:
(1) Suspend the driver's license of the person for six (6) months;
(2) In the event the person's driver's license is under suspension by the department for another offense or other violations, the person's driver's license shall be suspended an additional six (6) months; or
(3) If the person has not been issued a driver's license, the issuance of a license by the department shall be delayed for an additional six (6) months after the person applies for a license.
(d) Upon receipt of an order of denial of driving privileges under this section, which order concerns a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., the department, in addition to any actions taken pursuant to subsection (c) of this section, shall:
(1) Suspend the commercial driver's license of the person for one (1) year;
(2) In the event the person's commercial driver's license is under suspension by the department for another offense or other violations, the person's commercial driver's license shall, in addition to any penalties provided by the laws of this state, be suspended an additional one (1) year; or
(3) If the person has not been issued a commercial driver's license, the issuance of such a license by the department shall be delayed for an additional one-year period after the person applies for a license.
(e) Nothing contained in subsection (d) of this section shall require the issuance or reissuance of any commercial driver's license to any person following any suspension who is otherwise ineligible pursuant to other laws of this state to obtain such issuance or reissuance.
(f) Penalties prescribed in this section shall be in addition to all other penalties prescribed by law for the offenses covered by this section.
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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-710. Denial of driving privileges for minor — Restricted permit.
(a)(1) As used in this section “drug offense” means the:
(A) Possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under this chapter; or
(B) Operation of a motor vehicle under the influence of any substance the possession of which is prohibited under this chapter.
(2) As used in subdivision (a)(1) of this section:
(A)(i) “Motor vehicle” means any vehicle that is self-propelled by which a person or thing may be transported upon a public highway and is registered in the State of Arkansas or of the type subject to registration in Arkansas.
(ii) “Motor vehicle” includes any:
(a) “Motorcycle”, “motor-driven cycle”, or “motorized bicycle”, as defined in § 27-20-101; and
(b) “Commercial motor vehicle”, as defined in § 27-23-103; and
(B) “Substance the possession of which is prohibited under this chapter” or “substance” means a “controlled substance” or “counterfeit substance”, as defined in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 802.
(b)(1)(A) When a person who is under eighteen (18) years of age pleads guilty or nolo contendere to or is found guilty of driving or boating while intoxicated under the Omnibus DWI or BWI Act, § 5-65-101 et seq., a criminal offense involving the illegal possession or use of a controlled substance, or any drug offense in this state or any other state, the court having jurisdiction of the matter, including any federal court, shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for the person under eight
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-710
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 5-64-710. This identifies an authority to review, not proof of applicability.