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5-2-331. Cost of mental health services, examination, and treatment of defendant.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-331. Cost of mental health services, examination, and treatment of defendant.
(a) A person or entity that provides treatment or other mental health services under this subchapter may impose a charge for the cost of the treatment or other mental health services rendered.
(b) A charge for the cost of treatment or other mental health services under this section may not exceed the actual cost of the treatment or other mental health services provided.
(c)(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges for the cost of treatment or other mental health services under this section.
(2) Rules establishing reasonable charges for the cost of treatment or other mental health services under this section shall provide for waiving or postponing the collection of the charges based on:
(A) Clinical considerations;
(B) The defendant's inability to pay; or
(C) A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under § 16-87-213.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-331
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:5-2-331
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 479267f465baa4280f6e04a52c29055a9a55f40af3af80896902629e3f6ac89b
Source location: content.xml paragraph 2348
Stored source content
5-2-331. Cost of mental health services, examination, and treatment of defendant.
(a) A person or entity that provides treatment or other mental health services under this subchapter may impose a charge for the cost of the treatment or other mental health services rendered.
(b) A charge for the cost of treatment or other mental health services under this section may not exceed the actual cost of the treatment or other mental health services provided.
(c)(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges for the cost of treatment or other mental health services under this section.
(2) Rules establishing reasonable charges for the cost of treatment or other mental health services under this section shall provide for waiving or postponing the collection of the charges based on:
(A) Clinical considerations;
(B) The defendant's inability to pay; or
(C) A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under § 16-87-213.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-87-213. Certificate of indigency.
(a)(1)(A) Any person charged with an offense punishable by imprisonment who desires to be represented by an appointed attorney shall file with the court in which the person is charged a written certificate of indigency.
(B) The certificate of indigency shall be in a form approved by the Arkansas Public Defender Commission and shall be provided by the court in which the person is charged.
(C) The certificate of indigency shall be executed under oath by the person charged with the offense and shall state in bold print that a false statement is punishable as a Class D felony.
(D) Upon execution, the certificate of indigency shall be made a permanent part of the indigent person's records.
(E)(i) The certificate of indigency also shall function as a legally binding contractual agreement in which the person charged agrees that in exchange for legal representation provided by the state, he or she shall pay the amount ordered by the court, both upon the initial appointment of an attorney under subdivision (a)(2)(A) of this section and for any amount ordered by the court after the case has concluded.
(ii) The certificate of indigency shall contain a notice that reads, “Your state income tax refund, legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state shall be intercepted to satisfy this debt under Ark. Code Ann. § 16-87-217.”
(2)(A) If the court in which the person is charged determines that the person qualifies for the appointment of an attorney by being indigent or partially indigent under standards set by the commission, the court, except as otherwise provided by this subchapter, shall appoint the trial public defender to represent the person before the court.
(B) The c
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-87-213
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 16-87-213. This identifies an authority to review, not proof of applicability.