Browse Arkansas Code titles and sections
5-4-907. Cost, fees, and restitution.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-907. Cost, fees, and restitution.
(a) The pre-adjudication probation program judge may order the offender to pay:
(1) Court costs as provided in § 16-10-305;
(2) Any substance abuse treatment costs;
(3) Drug testing costs;
(4) Costs associated with mental health treatment;
(5) A pre-adjudication probation program user fee;
(6) Any restitution owed the victim of the charged criminal offense;
(7) Necessary supervision fees;
(8) Any applicable residential treatment fees;
(9) Tuition and other educational fees for vocational schools, technical schools, community colleges, or two-year and four-year public universities that are part of the pre-adjudication probation program for which the offender is participating; and
(10) Any fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1), which are to be paid to the Division of Community Correction.
(b)(1) The pre-adjudication probation program judge shall establish a schedule for the payment of costs, fees, and restitution.
(2) The cost for substance abuse treatment, mental health treatment, drug testing, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the pre-adjudication probation program judge for payment.
(3) Pre-adjudication probation program user fees shall be set by the pre-adjudication probation program judge.
(4) Treatment, drug testing, 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 division.
(6) Restitution to the victim shall be paid directly to the victim.
(c) Court orders for costs, fees, and restitution shall remain an obligation of the participant in the pre-a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-907
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:5-4-907
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5f391eeaf00bba36f9cfe3cfef1f2cec0ef118524efae58da78ef8e42c0afe52
Source location: content.xml paragraph 7106
Stored source content
5-4-907. Cost, fees, and restitution.
(a) The pre-adjudication probation program judge may order the offender to pay:
(1) Court costs as provided in § 16-10-305;
(2) Any substance abuse treatment costs;
(3) Drug testing costs;
(4) Costs associated with mental health treatment;
(5) A pre-adjudication probation program user fee;
(6) Any restitution owed the victim of the charged criminal offense;
(7) Necessary supervision fees;
(8) Any applicable residential treatment fees;
(9) Tuition and other educational fees for vocational schools, technical schools, community colleges, or two-year and four-year public universities that are part of the pre-adjudication probation program for which the offender is participating; and
(10) Any fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1), which are to be paid to the Division of Community Correction.
(b)(1) The pre-adjudication probation program judge shall establish a schedule for the payment of costs, fees, and restitution.
(2) The cost for substance abuse treatment, mental health treatment, drug testing, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the pre-adjudication probation program judge for payment.
(3) Pre-adjudication probation program user fees shall be set by the pre-adjudication probation program judge.
(4) Treatment, drug testing, 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 division.
(6) Restitution to the victim shall be paid directly to the victim.
(c) Court orders for costs, fees, and restitution shall remain an obligation of the participant in the pre-adjudication probation program 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
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.