Browse Arkansas Code titles and sections
5-4-313. Placement in a drug treatment program — Drug court alternative.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-313. Placement in a drug treatment program — Drug court alternative.
If a judicial district has one (1) or more of the following programs in place at the time of a defendant's sentencing for a felony, a court may sentence the defendant to:
(1) A posttrial treatment program for drug abuse under § 16-98-201; or
(2) Drug court under the Arkansas Drug Court Act, § 16-98-301 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-313
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:5-4-313
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0919cd4bb47e1aed1c83b9afc84771517116900cb7e276436ea2e39be4bca280
Source location: content.xml paragraph 4903
Stored source content
5-4-313. Placement in a drug treatment program — Drug court alternative.
If a judicial district has one (1) or more of the following programs in place at the time of a defendant's sentencing for a felony, a court may sentence the defendant to:
(1) A posttrial treatment program for drug abuse under § 16-98-201; or
(2) Drug court under the Arkansas Drug Court Act, § 16-98-301 et seq.
Cross-references
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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. The source passage cites 16-98-201. 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.