Ark. Code Ann. § 16-118-116 — AR Code / Title 16 / Chapter 118 / Section 16-118-116
Civil actions for unlawful female genital mutilation
Status: in_force

(a) A person who knowingly commits or attempts to commit unlawful female genital mutilation of a minor as described in § 5-14-136 is liable to the victim of the unlawful female genital mutilation. (b) A person who knowingly directs or assists another person to violate or attempt to violate § 5-14-136 is jointly liable under this section. (c) A court may award to a prevailing party in an action brought under this section one (1) or more of the following remedies: (1) Compensatory damages, including treble damages if the defendant is shown to have acted willfully and maliciously; (2) Punitive damages; (3) Costs and fees, including reasonable attorney's fees; or (4) Any other appropriate relief as provided by law. (d) A cause of action under this section may be brought by a victim of an unlawful female genital mutilation, or her estate, at any point before the victim reaches or would have reached twenty-eight (28) years of age. (e) The burden of proof under a cause of action under this section is preponderance of the evidence. (f) The doctrine of forum non conveniens does not apply to a claim arising under this section. Amended by Act 2019, No. 556,§ 4, eff. 3/26/2019.

(a) A person who knowingly commits or attempts to commit unlawful female genital mutilation of a minor as described in § 5-14-136 is liable to the victim of the unlawful female genital mutilation.

(b) A person who knowingly directs or assists another person to violate or attempt to violate § 5-14-136 is jointly liable under this section.

(c) A court may award to a prevailing party in an action brought under this section one (1) or more of the following remedies: (1) Compensatory damages, including treble damages if the defendant is shown to have acted willfully and maliciously; (2) Punitive damages; (3) Costs and fees, including reasonable attorney's fees; or (4) Any other appropriate relief as provided by law.

(1) Compensatory damages, including treble damages if the defendant is shown to have acted willfully and maliciously;

(2) Punitive damages;

(3) Costs and fees, including reasonable attorney's fees; or

(4) Any other appropriate relief as provided by law.

(d) A cause of action under this section may be brought by a victim of an unlawful female genital mutilation, or her estate, at any point before the victim reaches or would have reached twenty-eight (28) years of age.

(e) The burden of proof under a cause of action under this section is preponderance of the evidence.

(f) The doctrine of forum non conveniens does not apply to a claim arising under this section.

Amended by Act 2019, No. 556,§ 4, eff. 3/26/2019.
Ark. Code Ann. § 16-22-304 — AR Code / Title 16 / Chapter 22 / Subchapter 3 / Section 16-22-304
Lien of attorney created
Status: in_force

(a) (1) From and after service upon the adverse party of a written notice signed by the client and by the attorney at law, solicitor, or counselor representing the client, which notice is to be served by certified mail and a return receipt being required to establish actual delivery of the notice, the attorney at law, solicitor, or counselor serving the notice upon the adversary party shall have a lien upon his or her client's cause of action, claim, or counterclaim, which attaches to any settlement, verdict, report, decision, judgment, or final order in his or her client's favor, and the proceeds thereof in whosoever's hands they may come. (2) The lien cannot be defeated and impaired by any subsequent negotiation or compromise by any parties litigant. (3) However, the lien shall apply only to the cause or causes of action specifically enumerated in the notice. (b) In the event that the notice is not served upon the adverse party by an attorney at law, solicitor, or counselor representing his client, the same lien created in this section shall attach in favor of the attorney at law, solicitor, or counselor from and after the commencement of an action or special proceeding or the service upon an answer containing a counterclaim, in favor of the attorney at law, solicitor, or counselor who appears for and signs a pleading for his or her client in the action, claim, or counterclaim in which the attorney at law, solicitor, or counselor has been employed to represent the client. (c) (1) This lien shall apply to proceedings before the Workers' Compensation Commission. (2) The lien shall attach from the date a notice of claim is filed with the commission, if served by certified mail, return receipt requested, or from the date the commission mails notice of the claim to the employer or carrier, regardless of whether this mailing by the commission is by certified mail or regular mail, whichever date occurs first. (d) (1) This lien shall apply to procedures set forth in § 18-50-101 et seq. (2) The lien shall attach on the date a mortgagee's power of attorney or beneficiary's appointment of substitute trustee is recorded pursuant to § 18-50-102 . (3) If a mortgagee's power of attorney or beneficiary's appointment of substitute trustee is not recorded, then the lien shall attach on the date a notice of default and intention to sell is mailed in accordance with § 18-50-104 . (4) The lien shall secure all work performed by the attorney for the mortgagee or beneficiary, including, but not limited to, expenses incurred by the attorney for abstracting and title insurance services and giving notice of the trustee's or mortgagee's sale. (e) The court or commission before which an action was instituted, or in which an action may be pending at the time of settlement, compromise, or verdict, or in any circuit court of proper venue, upon the petition of the client or attorney at law, shall determine and enforce the lien created by this section. Acts 1989, No. 293, § 1; 1991, No. 1229, § 1; 2003, No. 1047, § 1.

(a) (1) From and after service upon the adverse party of a written notice signed by the client and by the attorney at law, solicitor, or counselor representing the client, which notice is to be served by certified mail and a return receipt being required to establish actual delivery of the notice, the attorney at law, solicitor, or counselor serving the notice upon the adversary party shall have a lien upon his or her client's cause of action, claim, or counterclaim, which attaches to any settlement, verdict, report, decision, judgment, or final order in his or her client's favor, and the proceeds thereof in whosoever's hands they may come. (2) The lien cannot be defeated and impaired by any subsequent negotiation or compromise by any parties litigant. (3) However, the lien shall apply only to the cause or causes of action specifically enumerated in the notice.

(1) From and after service upon the adverse party of a written notice signed by the client and by the attorney at law, solicitor, or counselor representing the client, which notice is to be served by certified mail and a return receipt being required to establish actual delivery of the notice, the attorney at law, solicitor, or counselor serving the notice upon the adversary party shall have a lien upon his or her client's cause of action, claim, or counterclaim, which attaches to any settlement, verdict, report, decision, judgment, or final order in his or her client's favor, and the proceeds thereof in whosoever's hands they may come.

(2) The lien cannot be defeated and impaired by any subsequent negotiation or compromise by any parties litigant.

(3) However, the lien shall apply only to the cause or causes of action specifically enumerated in the notice.

(b) In the event that the notice is not served upon the adverse party by an attorney at law, solicitor, or counselor representing his client, the same lien created in this section shall attach in favor of the attorney at law, solicitor, or counselor from and after the commencement of an action or special proceeding or the service upon an answer containing a counterclaim, in favor of the attorney at law, solicitor, or counselor who appears for and signs a pleading for his or her client in the action, claim, or counterclaim in which the attorney at law, solicitor, or counselor has been employed to represent the client.

(c) (1) This lien shall apply to proceedings before the Workers' Compensation Commission. (2) The lien shall attach from the date a notice of claim is filed with the commission, if served by certified mail, return receipt requested, or from the date the commission mails notice of the claim to the employer or carrier, regardless of whether this mailing by the commission is by certified mail or regular mail, whichever date occurs first.

(1) This lien shall apply to proceedings before the Workers' Compensation Commission.

(2) The lien shall attach from the date a notice of claim is filed with the commission, if served by certified mail, return receipt requested, or from the date the commission mails notice of the claim to the employer or carrier, regardless of whether this mailing by the commission is by certified mail or regular mail, whichever date occurs first.

(d) (1) This lien shall apply to procedures set forth in § 18-50-101 et seq. (2) The lien shall attach on the date a mortgagee's power of attorney or beneficiary's appointment of substitute trustee is recorded pursuant to § 18-50-102 . (3) If a mortgagee's power of attorney or beneficiary's appointment of substitute trustee is not recorded, then the lien shall attach on the date a notice of default and intention to sell is mailed in accordance with § 18-50-104 . (4) The lien shall secure all work performed by the attorney for the mortgagee or beneficiary, including, but not limited to, expenses incurred by the attorney for abstracting and title insurance services and giving notice of the trustee's or mortgagee's sale.

(1) This lien shall apply to procedures set forth in § 18-50-101 et seq.

(2) The lien shall attach on the date a mortgagee's power of attorney or beneficiary's appointment of substitute trustee is recorded pursuant to § 18-50-102 .

(3) If a mortgagee's power of attorney or beneficiary's appointment of substitute trustee is not recorded, then the lien shall attach on the date a notice of default and intention to sell is mailed in accordance with § 18-50-104 .

(4) The lien shall secure all work performed by the attorney for the mortgagee or beneficiary, including, but not limited to, expenses incurred by the attorney for abstracting and title insurance services and giving notice of the trustee's or mortgagee's sale.

(e) The court or commission before which an action was instituted, or in which an action may be pending at the time of settlement, compromise, or verdict, or in any circuit court of proper venue, upon the petition of the client or attorney at law, shall determine and enforce the lien created by this section.

Acts 1989, No. 293, § 1; 1991, No. 1229, § 1; 2003, No. 1047, § 1.
Ark. Code Ann. § 16-17-931 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-931
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51.

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017.

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-22-403 — AR Code / Title 16 / Chapter 22 / Subchapter 4 / Section 16-22-403
Time for hearing
Status: in_force

The court in which the charges may be exhibited shall fix a time for the hearing of the charges, allowing a reasonable time to notify the accused. Rev. Stat., ch. 15, § 14; C. & M. Dig., § 612; Pope's Dig., § 652; A.S.A. 1947, § 25-403.

The court in which the charges may be exhibited shall fix a time for the hearing of the charges, allowing a reasonable time to notify the accused.

Rev. Stat., ch. 15, § 14; C. & M. Dig., § 612; Pope's Dig., § 652; A.S.A. 1947, § 25-403.
Ark. Code Ann. § 16-43-805 — AR Code / Title 16 / Chapter 43 / Subchapter 8 / Section 16-43-805
Fee for ferriage
Status: in_force

Witnesses who leave home and attend any court in pursuance of a subpoena shall be allowed the amount necessarily paid out for crossing any ferry or toll bridge in going to and returning from the court. Acts 1875, No. 77, § 46, p. 167; C. & M. Dig., § 4617; Pope's Dig., § 5706; A.S.A. 1947, § 28-530.

Witnesses who leave home and attend any court in pursuance of a subpoena shall be allowed the amount necessarily paid out for crossing any ferry or toll bridge in going to and returning from the court.

Acts 1875, No. 77, § 46, p. 167; C. & M. Dig., § 4617; Pope's Dig., § 5706; A.S.A. 1947, § 28-530.
Ark. Code Ann. § 16-65-117 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-117
Judgment as lien on land
Status: in_force

(a) (1) (A) A judgment in the Supreme Court or circuit courts of this state, and in the United States district courts or United States bankruptcy courts within this state, shall be a lien on the real estate owned by the defendant in the county in which the judgment was rendered from the date of its rendition only if the clerk of the court which rendered the judgment maintains a permanent office within the county, at which office permanent records of the judgments of the court are continuously kept and maintained, and the judgment has been filed with the circuit clerk. A judgment in the district courts of this state shall not be a lien on the real estate owned by the defendant in the county in which the judgment was rendered until the judgment has been filed and indexed in the judgment records of the circuit clerk in the county in which the judgment was rendered. (B) As to any person who does not have actual notice of the rendition of the judgment, the judgment shall be a lien from the date the judgment is recorded and indexed by the court clerk in a manner that provides reasonable notice to the public. (2) (A) If a judgment is rendered by one (1) of the courts in a county where the clerk of the court does not maintain a permanent office at which permanent records of the judgments of the court are continuously kept and maintained, the judgment shall not be a lien on the land of the defendant in that county until a certified copy of the judgment is filed in the office of the circuit clerk of that county. (B) As to any person who does not have actual notice of the rendition of the judgment, the judgment shall be a lien from the date the judgment is recorded and indexed by the court clerk in a manner that provides reasonable notice to the public. (b) (1) No such judgment shall be a lien on the land of the defendant in any other county until a certified copy of the judgment is filed in the office of the clerk of the circuit court of the county in which the land lies. (2) As to any person who does not have actual notice of the rendition of the judgment, the judgment shall be a lien from the date the judgment is recorded and indexed by the court clerk in a manner that provides reasonable notice to the public. (c) (1) The clerk, on the filing in his or her office of a certified copy of a judgment of any of the courts mentioned in subsection (a) of this section, and upon the payment of three dollars ($3.00), shall immediately proceed to docket and index the judgment in the same manner as though rendered in the court of his or her own county. From that time, the judgment shall be a lien on the defendant's lands in that county. (2) It shall be the duty of the court clerk to index each judgment immediately upon filing it in the permanent records of the judgments of the court. For purposes of this section, the term "judgments" shall include any order, decree, or judgment which contains a provision for payment of money for the support and care of any child or children through the registry of the court. (d) (1) (A) The liens authorized by this section shall: (i) Continue in force for ten (10) years from the date of the judgment; and (ii) Be revived only under § 16-65-501 . (B) An act or circumstance that may toll or renew the limitations period provided by § 16-56-114 for the underlying judgment shall not revive or extend the duration of a lien authorized by this section. (2) Except as provided in § 16-65-501 , a transcript of the judgment of revivor, when filed in other counties, shall have the same and like effect as a judgment of revivor has in the county in which it is rendered. Amended by Act 2015, No. 1113,§ 1, eff. 7/22/2015. Acts 1891, No. 56, §§ 1, 2, p. 92; C. & M. Dig., §§ 6299, 6300; Pope's Dig., §§ 8255, 8256; Acts 1945, No. 55, § 2; 1959, No. 182, § 1; 1963, No. 124, § 1; 1977, No. 333, § 3; 1985, No. 228, § 1; A.S.A. 1947, §§ 12-1720, 29-130, 29-131; Acts 1987, No. 356, § 1; 1989, No. 931, § 1; 1993, No. 1179, § 1; 1995, No. 475, § 1; 2011, No. 227, § 2.

(a) (1) (A) A judgment in the Supreme Court or circuit courts of this state, and in the United States district courts or United States bankruptcy courts within this state, shall be a lien on the real estate owned by the defendant in the county in which the judgment was rendered from the date of its rendition only if the clerk of the court which rendered the judgment maintains a permanent office within the county, at which office permanent records of the judgments of the court are continuously kept and maintained, and the judgment has been filed with the circuit clerk. A judgment in the district courts of this state shall not be a lien on the real estate owned by the defendant in the county in which the judgment was rendered until the judgment has been filed and indexed in the judgment records of the circuit clerk in the county in which the judgment was rendered. (B) As to any person who does not have actual notice of the rendition of the judgment, the judgment shall be a lien from the date the judgment is recorded and indexed by the court clerk in a manner that provides reasonable notice to the public. (2) (A) If a judgment is rendered by one (1) of the courts in a county where the clerk of the court does not maintain a permanent office at which permanent records of the judgments of the court are continuously kept and maintained, the judgment shall not be a lien on the land of the defendant in that county until a certified copy of the judgment is filed in the office of the circuit clerk of that county. (B) As to any person who does not have actual notice of the rendition of the judgment, the judgment shall be a lien from the date the judgment is recorded and indexed by the court clerk in a manner that provides reasonable notice to the public.

(1) (A) A judgment in the Supreme Court or circuit courts of this state, and in the United States district courts or United States bankruptcy courts within this state, shall be a lien on the real estate owned by the defendant in the county in which the judgment was rendered from the date of its rendition only if the clerk of the court which rendered the judgment maintains a permanent office within the county, at which office permanent records of the judgments of the court are continuously kept and maintained, and the judgment has been filed with the circuit clerk. A judgment in the district courts of this state shall not be a lien on the real estate owned by the defendant in the county in which the judgment was rendered until the judgment has been filed and indexed in the judgment records of the circuit clerk in the county in which the judgment was rendered. (B) As to any person who does not have actual notice of the rendition of the judgment, the judgment shall be a lien from the date the judgment is recorded and indexed by the court clerk in a manner that provides reasonable notice to the public.

(A) A judgment in the Supreme Court or circuit courts of this state, and in the United States district courts or United States bankruptcy courts within this state, shall be a lien on the real estate owned by the defendant in the county in which the judgment was rendered from the date of its rendition only if the clerk of the court which rendered the judgment maintains a permanent office within the county, at which office permanent records of the judgments of the court are continuously kept and maintained, and the judgment has been filed with the circuit clerk. A judgment in the district courts of this state shall not be a lien on the real estate owned by the defendant in the county in which the judgment was rendered until the judgment has been filed and indexed in the judgment records of the circuit clerk in the county in which the judgment was rendered.

(B) As to any person who does not have actual notice of the rendition of the judgment, the judgment shall be a lien from the date the judgment is recorded and indexed by the court clerk in a manner that provides reasonable notice to the public.

(2) (A) If a judgment is rendered by one (1) of the courts in a county where the clerk of the court does not maintain a permanent office at which permanent records of the judgments of the court are continuously kept and maintained, the judgment shall not be a lien on the land of the defendant in that county until a certified copy of the judgment is filed in the office of the circuit clerk of that county. (B) As to any person who does not have actual notice of the rendition of the judgment, the judgment shall be a lien from the date the judgment is recorded and indexed by the court clerk in a manner that provides reasonable notice to the public.

(A) If a judgment is rendered by one (1) of the courts in a county where the clerk of the court does not maintain a permanent office at which permanent records of the judgments of the court are continuously kept and maintained, the judgment shall not be a lien on the land of the defendant in that county until a certified copy of the judgment is filed in the office of the circuit clerk of that county.

(B) As to any person who does not have actual notice of the rendition of the judgment, the judgment shall be a lien from the date the judgment is recorded and indexed by the court clerk in a manner that provides reasonable notice to the public.

(b) (1) No such judgment shall be a lien on the land of the defendant in any other county until a certified copy of the judgment is filed in the office of the clerk of the circuit court of the county in which the land lies. (2) As to any person who does not have actual notice of the rendition of the judgment, the judgment shall be a lien from the date the judgment is recorded and indexed by the court clerk in a manner that provides reasonable notice to the public.

(1) No such judgment shall be a lien on the land of the defendant in any other county until a certified copy of the judgment is filed in the office of the clerk of the circuit court of the county in which the land lies.

(2) As to any person who does not have actual notice of the rendition of the judgment, the judgment shall be a lien from the date the judgment is recorded and indexed by the court clerk in a manner that provides reasonable notice to the public.

(c) (1) The clerk, on the filing in his or her office of a certified copy of a judgment of any of the courts mentioned in subsection (a) of this section, and upon the payment of three dollars ($3.00), shall immediately proceed to docket and index the judgment in the same manner as though rendered in the court of his or her own county. From that time, the judgment shall be a lien on the defendant's lands in that county. (2) It shall be the duty of the court clerk to index each judgment immediately upon filing it in the permanent records of the judgments of the court. For purposes of this section, the term "judgments" shall include any order, decree, or judgment which contains a provision for payment of money for the support and care of any child or children through the registry of the court.

(1) The clerk, on the filing in his or her office of a certified copy of a judgment of any of the courts mentioned in subsection (a) of this section, and upon the payment of three dollars ($3.00), shall immediately proceed to docket and index the judgment in the same manner as though rendered in the court of his or her own county. From that time, the judgment shall be a lien on the defendant's lands in that county.

(2) It shall be the duty of the court clerk to index each judgment immediately upon filing it in the permanent records of the judgments of the court. For purposes of this section, the term "judgments" shall include any order, decree, or judgment which contains a provision for payment of money for the support and care of any child or children through the registry of the court.

(d) (1) (A) The liens authorized by this section shall: (i) Continue in force for ten (10) years from the date of the judgment; and (ii) Be revived only under § 16-65-501 . (B) An act or circumstance that may toll or renew the limitations period provided by § 16-56-114 for the underlying judgment shall not revive or extend the duration of a lien authorized by this section. (2) Except as provided in § 16-65-501 , a transcript of the judgment of revivor, when filed in other counties, shall have the same and like effect as a judgment of revivor has in the county in which it is rendered.

(1) (A) The liens authorized by this section shall: (i) Continue in force for ten (10) years from the date of the judgment; and (ii) Be revived only under § 16-65-501 . (B) An act or circumstance that may toll or renew the limitations period provided by § 16-56-114 for the underlying judgment shall not revive or extend the duration of a lien authorized by this section.

(A) The liens authorized by this section shall: (i) Continue in force for ten (10) years from the date of the judgment; and (ii) Be revived only under § 16-65-501 .

(i) Continue in force for ten (10) years from the date of the judgment; and

(ii) Be revived only under § 16-65-501 .

(B) An act or circumstance that may toll or renew the limitations period provided by § 16-56-114 for the underlying judgment shall not revive or extend the duration of a lien authorized by this section.

(2) Except as provided in § 16-65-501 , a transcript of the judgment of revivor, when filed in other counties, shall have the same and like effect as a judgment of revivor has in the county in which it is rendered.

Amended by Act 2015, No. 1113,§ 1, eff. 7/22/2015.

Acts 1891, No. 56, §§ 1, 2, p. 92; C. & M. Dig., §§ 6299, 6300; Pope's Dig., §§ 8255, 8256; Acts 1945, No. 55, § 2; 1959, No. 182, § 1; 1963, No. 124, § 1; 1977, No. 333, § 3; 1985, No. 228, § 1; A.S.A. 1947, §§ 12-1720, 29-130, 29-131; Acts 1987, No. 356, § 1; 1989, No. 931, § 1; 1993, No. 1179, § 1; 1995, No. 475, § 1; 2011, No. 227, § 2.
Ark. Code Ann. § 16-13-1402 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1402
Terms of court
Status: in_force

The terms of court in each county in the Sixth Judicial District shall commence on the dates set forth below: (1) Pulaski County: On the fourth Monday in September and first Monday in March; and (2) Perry County: On the first Monday in February and third Monday in July. Acts 1893, No. 56, §§ 1, 8; 1923, No. 100, § 1; A.S.A. 1947, § 22-310.

The terms of court in each county in the Sixth Judicial District shall commence on the dates set forth below:

(1) Pulaski County: On the fourth Monday in September and first Monday in March; and

(2) Perry County: On the first Monday in February and third Monday in July.

Acts 1893, No. 56, §§ 1, 8; 1923, No. 100, § 1; A.S.A. 1947, § 22-310.
Ark. Code Ann. § 16-93-1903 — AR Code / Title 16 / Chapter 93 / Subchapter 19 / Section 16-93-1903
Post-release supervision - Authority and parameters
Status: in_force

(a) (1) The Post-Prison Transfer Board may transfer to post-release supervision an eligible inmate who is confined in a correctional institution administered by the Division of Correction or the Division of Community Correction, if the board determines: (A) There is a reasonable probability that the eligible inmate can be transferred without detriment to the community or himself or herself; (B) The eligible inmate is able and willing to fulfill the obligations of a law-abiding citizen; and (C) That post-release supervision is in the best interest of society. (2) A transfer to post-release supervision under this section shall issue upon the adoption of an order of the board. (b) (1) Before ordering the transfer to post-release supervision of an eligible inmate under this section, the board, a hearing judge, or an investigator employed by the board shall interview the eligible inmate, unless a hearing is not required under §§ 16-93-1807 and 16-93-1808 . (2) The board shall consider the results of the risk and needs assessments of all applicants for transfer to post-release supervision. (3) Transfer to post-release supervision shall not be considered a reduction of a sentence or a pardon. (4) An inmate on post-release supervision shall remain: (A) In the legal custody of the Division of Correction; (B) Under the supervision of the Division of Community Correction; and (C) Subject to the orders of the board. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) (1) The Post-Prison Transfer Board may transfer to post-release supervision an eligible inmate who is confined in a correctional institution administered by the Division of Correction or the Division of Community Correction, if the board determines: (A) There is a reasonable probability that the eligible inmate can be transferred without detriment to the community or himself or herself; (B) The eligible inmate is able and willing to fulfill the obligations of a law-abiding citizen; and (C) That post-release supervision is in the best interest of society. (2) A transfer to post-release supervision under this section shall issue upon the adoption of an order of the board.

(1) The Post-Prison Transfer Board may transfer to post-release supervision an eligible inmate who is confined in a correctional institution administered by the Division of Correction or the Division of Community Correction, if the board determines: (A) There is a reasonable probability that the eligible inmate can be transferred without detriment to the community or himself or herself; (B) The eligible inmate is able and willing to fulfill the obligations of a law-abiding citizen; and (C) That post-release supervision is in the best interest of society.

(A) There is a reasonable probability that the eligible inmate can be transferred without detriment to the community or himself or herself;

(B) The eligible inmate is able and willing to fulfill the obligations of a law-abiding citizen; and

(C) That post-release supervision is in the best interest of society.

(2) A transfer to post-release supervision under this section shall issue upon the adoption of an order of the board.

(b) (1) Before ordering the transfer to post-release supervision of an eligible inmate under this section, the board, a hearing judge, or an investigator employed by the board shall interview the eligible inmate, unless a hearing is not required under §§ 16-93-1807 and 16-93-1808 . (2) The board shall consider the results of the risk and needs assessments of all applicants for transfer to post-release supervision. (3) Transfer to post-release supervision shall not be considered a reduction of a sentence or a pardon. (4) An inmate on post-release supervision shall remain: (A) In the legal custody of the Division of Correction; (B) Under the supervision of the Division of Community Correction; and (C) Subject to the orders of the board.

(1) Before ordering the transfer to post-release supervision of an eligible inmate under this section, the board, a hearing judge, or an investigator employed by the board shall interview the eligible inmate, unless a hearing is not required under §§ 16-93-1807 and 16-93-1808 .

(2) The board shall consider the results of the risk and needs assessments of all applicants for transfer to post-release supervision.

(3) Transfer to post-release supervision shall not be considered a reduction of a sentence or a pardon.

(4) An inmate on post-release supervision shall remain: (A) In the legal custody of the Division of Correction; (B) Under the supervision of the Division of Community Correction; and (C) Subject to the orders of the board.

(A) In the legal custody of the Division of Correction;

(B) Under the supervision of the Division of Community Correction; and

(C) Subject to the orders of the board.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-118-117 — AR Code / Title 16 / Chapter 118 / Section 16-118-117
Civil fertility fraud - Definitions
Status: in_force

(a) As used in this section: (1) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; and (2) "Human reproductive material" means: (A) A human spermatozoon or ovum; or (B) A human organism at any stage of development from fertilized ovum to embryo. (b) A person may bring an action for civil fertility fraud against a healthcare provider who knowingly: (1) Treated the person or the spouse of the person for infertility, pregnancy, surrogacy, or childbearing by using the healthcare provider's own human reproductive material or the human reproductive material of another person without the person's informed written consent to treatment using the healthcare provider's own human reproductive material or the human reproductive material of the other person; (2) Treated the person or the spouse of the person for infertility, pregnancy, surrogacy, or childbearing by using human reproductive material donated by a donor and knows or reasonably should have known that the human reproductive material was used: (A) Without the donor's consent; or (B) In a manner or to an extent other than that to which the donor consented; or (3) Used the person's human reproductive material to treat another person for infertility, pregnancy, surrogacy, or childbearing knowing or being in a position to reasonably know that the person did not consent to his or her human reproductive material's being used or used in a manner or to an extent other than that to which the person consented. (c) An action under this section may be commenced not later than five (5) years after the earliest of the date on which: (1) The person first discovers evidence sufficient to bring an action against the healthcare provider through deoxyribonucleic acid (DNA) analysis or other more accurate scientific analysis; (2) The person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the healthcare provider; or (3) The defendant admits to the facts giving rise to the action. (d) A plaintiff who prevails in an action under this section is entitled to: (1) Reasonable attorney's fees; (2) The costs of the fertility treatment as applicable; and (3) Economic, compensatory, and punitive damages. (e) A person who brings an action under subdivision (b)(1) or subdivision (b)(2) of this section has a separate cause of action for each child born as the result of the fraudulent fertility treatment. (f) A person who brings an action under subdivision (b)(3) of this section has a separate cause of action for each fertility patient who received a fertility treatment with the person's human reproductive material. (g) This section does not prohibit a person from pursuing any other remedy provided by law. Added by Act 2021, No. 609,§ 4, eff. 7/28/2021.

(a) As used in this section: (1) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; and (2) "Human reproductive material" means: (A) A human spermatozoon or ovum; or (B) A human organism at any stage of development from fertilized ovum to embryo.

(1) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; and

(2) "Human reproductive material" means: (A) A human spermatozoon or ovum; or (B) A human organism at any stage of development from fertilized ovum to embryo.

(A) A human spermatozoon or ovum; or

(B) A human organism at any stage of development from fertilized ovum to embryo.

(b) A person may bring an action for civil fertility fraud against a healthcare provider who knowingly: (1) Treated the person or the spouse of the person for infertility, pregnancy, surrogacy, or childbearing by using the healthcare provider's own human reproductive material or the human reproductive material of another person without the person's informed written consent to treatment using the healthcare provider's own human reproductive material or the human reproductive material of the other person; (2) Treated the person or the spouse of the person for infertility, pregnancy, surrogacy, or childbearing by using human reproductive material donated by a donor and knows or reasonably should have known that the human reproductive material was used: (A) Without the donor's consent; or (B) In a manner or to an extent other than that to which the donor consented; or (3) Used the person's human reproductive material to treat another person for infertility, pregnancy, surrogacy, or childbearing knowing or being in a position to reasonably know that the person did not consent to his or her human reproductive material's being used or used in a manner or to an extent other than that to which the person consented.

(1) Treated the person or the spouse of the person for infertility, pregnancy, surrogacy, or childbearing by using the healthcare provider's own human reproductive material or the human reproductive material of another person without the person's informed written consent to treatment using the healthcare provider's own human reproductive material or the human reproductive material of the other person;

(2) Treated the person or the spouse of the person for infertility, pregnancy, surrogacy, or childbearing by using human reproductive material donated by a donor and knows or reasonably should have known that the human reproductive material was used: (A) Without the donor's consent; or (B) In a manner or to an extent other than that to which the donor consented; or

(A) Without the donor's consent; or

(B) In a manner or to an extent other than that to which the donor consented; or

(3) Used the person's human reproductive material to treat another person for infertility, pregnancy, surrogacy, or childbearing knowing or being in a position to reasonably know that the person did not consent to his or her human reproductive material's being used or used in a manner or to an extent other than that to which the person consented.

(c) An action under this section may be commenced not later than five (5) years after the earliest of the date on which: (1) The person first discovers evidence sufficient to bring an action against the healthcare provider through deoxyribonucleic acid (DNA) analysis or other more accurate scientific analysis; (2) The person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the healthcare provider; or (3) The defendant admits to the facts giving rise to the action.

(1) The person first discovers evidence sufficient to bring an action against the healthcare provider through deoxyribonucleic acid (DNA) analysis or other more accurate scientific analysis;

(2) The person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the healthcare provider; or

(3) The defendant admits to the facts giving rise to the action.

(d) A plaintiff who prevails in an action under this section is entitled to: (1) Reasonable attorney's fees; (2) The costs of the fertility treatment as applicable; and (3) Economic, compensatory, and punitive damages.

(1) Reasonable attorney's fees;

(2) The costs of the fertility treatment as applicable; and

(3) Economic, compensatory, and punitive damages.

(e) A person who brings an action under subdivision (b)(1) or subdivision (b)(2) of this section has a separate cause of action for each child born as the result of the fraudulent fertility treatment.

(f) A person who brings an action under subdivision (b)(3) of this section has a separate cause of action for each fertility patient who received a fertility treatment with the person's human reproductive material.

(g) This section does not prohibit a person from pursuing any other remedy provided by law.

Added by Act 2021, No. 609,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 16-87-217 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-217
Recovery of fees owed
Status: in_force

(a) (1) The State of Arkansas and the county may file a civil action for recovery of money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made. (2) Suit shall be brought within three (3) years after the date a certificate of indigency is filed. (b) (1) The State of Arkansas also shall recover any fees owed or money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made by attaching a lien to the person's legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state. (2) To effectuate a lien under subdivision (b)(1) of this section, a public defender shall file a notice of the lien setting forth services rendered to the person and a claim for reasonable value of the services with the clerk of the circuit court not later than ten (10) days after the disposition of the case. (3) The person named in the notice of the lien shall be served personally with a copy of the lien in court immediately at the end of the trial court proceedings. (4) The circuit court shall determine whether all or any part of the lien shall be allowed. (c) In the event that a circuit court, county court, or district court renders a judgment for recovery of money in a civil action as described in this section, the Arkansas Public Defender Commission may file a claim for a setoff of the judgment amount against the person's state income tax refund as a claimant agency authorized under § 26-36-301 et seq. (d) This section does not prohibit the commission from filing a claim for a setoff against a person's state income tax refund as a claimant agency authorized under § 26-36-301 et seq. to recover the fee provided for under § 16-87-213(b) or a judgment provided in § 16-87-218 . Amended by Act 2015, No. 893,§ 1, eff. 7/22/2015. Added by Act 2013, No. 961,§ 2, eff. 8/16/2013.

(a) (1) The State of Arkansas and the county may file a civil action for recovery of money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made. (2) Suit shall be brought within three (3) years after the date a certificate of indigency is filed.

(1) The State of Arkansas and the county may file a civil action for recovery of money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made.

(2) Suit shall be brought within three (3) years after the date a certificate of indigency is filed.

(b) (1) The State of Arkansas also shall recover any fees owed or money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made by attaching a lien to the person's legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state. (2) To effectuate a lien under subdivision (b)(1) of this section, a public defender shall file a notice of the lien setting forth services rendered to the person and a claim for reasonable value of the services with the clerk of the circuit court not later than ten (10) days after the disposition of the case. (3) The person named in the notice of the lien shall be served personally with a copy of the lien in court immediately at the end of the trial court proceedings. (4) The circuit court shall determine whether all or any part of the lien shall be allowed.

(1) The State of Arkansas also shall recover any fees owed or money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made by attaching a lien to the person's legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state.

(2) To effectuate a lien under subdivision (b)(1) of this section, a public defender shall file a notice of the lien setting forth services rendered to the person and a claim for reasonable value of the services with the clerk of the circuit court not later than ten (10) days after the disposition of the case.

(3) The person named in the notice of the lien shall be served personally with a copy of the lien in court immediately at the end of the trial court proceedings.

(4) The circuit court shall determine whether all or any part of the lien shall be allowed.

(c) In the event that a circuit court, county court, or district court renders a judgment for recovery of money in a civil action as described in this section, the Arkansas Public Defender Commission may file a claim for a setoff of the judgment amount against the person's state income tax refund as a claimant agency authorized under § 26-36-301 et seq.

(d) This section does not prohibit the commission from filing a claim for a setoff against a person's state income tax refund as a claimant agency authorized under § 26-36-301 et seq. to recover the fee provided for under § 16-87-213(b) or a judgment provided in § 16-87-218 .

Amended by Act 2015, No. 893,§ 1, eff. 7/22/2015.

Added by Act 2013, No. 961,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 16-90-201 — AR Code / Title 16 / Chapter 90 / Subchapter 2 / Section 16-90-201
Punishment for second or subsequent convictions generally
Status: in_force

Any person convicted of an offense which is punishable by imprisonment in the Division of Correction who shall subsequently be convicted for another offense shall be punished as follows: (1) If the second offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the sentence to imprisonment shall be for a determinate term not less than one (1) year more than the minimum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than the maximum sentence provided by law for this offense, unless the maximum sentence is less than the minimum sentence plus one (1) year, in which case the longer term shall govern; (2) If the third offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the person shall be sentenced to imprisonment for a determinate term not less than three (3) years more than the minimum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than the maximum sentence provided by law for the offense, unless the maximum sentence is less than the minimum sentence plus three (3) years, in which case the longer term shall govern; and (3) (A) If the fourth or subsequent offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the person shall be sentenced to imprisonment for the fourth or subsequent offense for a determinate term not less than the maximum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than one and one-half (1½) times the maximum sentence provided by law for a first conviction. (B) However, any person convicted of a fourth or subsequent offense shall be sentenced to imprisonment for no less than five (5) years. Amended by Act 2019, No. 910,§ 870, eff. 7/1/2019. Acts 1953, No. 228, § 1; 1967, No. 639, § 1; A.S.A. 1947, § 43-2328.

Any person convicted of an offense which is punishable by imprisonment in the Division of Correction who shall subsequently be convicted for another offense shall be punished as follows:

(1) If the second offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the sentence to imprisonment shall be for a determinate term not less than one (1) year more than the minimum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than the maximum sentence provided by law for this offense, unless the maximum sentence is less than the minimum sentence plus one (1) year, in which case the longer term shall govern;

(2) If the third offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the person shall be sentenced to imprisonment for a determinate term not less than three (3) years more than the minimum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than the maximum sentence provided by law for the offense, unless the maximum sentence is less than the minimum sentence plus three (3) years, in which case the longer term shall govern; and

(3) (A) If the fourth or subsequent offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the person shall be sentenced to imprisonment for the fourth or subsequent offense for a determinate term not less than the maximum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than one and one-half (1½) times the maximum sentence provided by law for a first conviction. (B) However, any person convicted of a fourth or subsequent offense shall be sentenced to imprisonment for no less than five (5) years.

(A) If the fourth or subsequent offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the person shall be sentenced to imprisonment for the fourth or subsequent offense for a determinate term not less than the maximum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than one and one-half (1½) times the maximum sentence provided by law for a first conviction.

(B) However, any person convicted of a fourth or subsequent offense shall be sentenced to imprisonment for no less than five (5) years.

Amended by Act 2019, No. 910,§ 870, eff. 7/1/2019.

Acts 1953, No. 228, § 1; 1967, No. 639, § 1; A.S.A. 1947, § 43-2328.
Ark. Code Ann. § 16-112-117 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-117
Admission to bail or remand
Status: in_force

Upon the trial of a habeas corpus, if the judge shall be of the opinion that the prisoner has been guilty of a misdemeanor or felony, for which the prisoner may be liable to be tried and that the proceedings against him or her are so defective that he or she cannot be detained by them, the judge shall admit him or her to bail, if he or she is entitled to bail, to appear at the court having jurisdiction over the case, or remand him or her to the custody of the proper officer, to be conveyed to the proper county for new proceedings to be had against the prisoner. Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5081; Pope's Dig., § 6344; A.S.A. 1947, § 34-1737.

Upon the trial of a habeas corpus, if the judge shall be of the opinion that the prisoner has been guilty of a misdemeanor or felony, for which the prisoner may be liable to be tried and that the proceedings against him or her are so defective that he or she cannot be detained by them, the judge shall admit him or her to bail, if he or she is entitled to bail, to appear at the court having jurisdiction over the case, or remand him or her to the custody of the proper officer, to be conveyed to the proper county for new proceedings to be had against the prisoner.

Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5081; Pope's Dig., § 6344; A.S.A. 1947, § 34-1737.
Ark. Code Ann. § 16-58-105 — AR Code / Title 16 / Chapter 58 / Section 16-58-105
Seal
Status: in_force

All writs shall be sealed with the judicial seal of the court. Rev. Stat., ch. 159, § 2; C. & M. Dig., § 1124; Pope's Dig., § 1340; A.S.A. 1947, § 27-304.

All writs shall be sealed with the judicial seal of the court.

Rev. Stat., ch. 159, § 2; C. & M. Dig., § 1124; Pope's Dig., § 1340; A.S.A. 1947, § 27-304.
Ark. Code Ann. § 16-98-305 — AR Code / Title 16 / Chapter 98 / Subchapter 3 / Section 16-98-305
Required resources
Status: in_force

Each approved drug court program established under this subchapter, subject to an appropriation, funding, and position authorization, both programmatic and administrative, shall be provided with the following resources: (1) The Department of Community Correction shall provide the following pursuant to § 16-98-303(b)(2) for adult offenders: (A) (i) Except as provided in subdivision (1)(A)(ii) of this section, provide a minimum of one (1) drug counselor position for every thirty (30) drug court participants. (ii) If a drug court judge does not require the drug counselor position or positions described in subdivision (1)(A)(i) of this section, funding for a drug counselor or counselors shall be provided under subdivision (1)(E)(i) of this section; (B) Provide a minimum of one (1) probation officer position for every forty (40) drug court participants; (C) Provide a minimum of one (1) administrative assistant position for each drug court program; (D) Provide for drug screens and testing as needed; and (E) (i) Based upon a formula to be developed by the Administrative Office of the Courts, reviewed by the Specialty Court Program Advisory Committee, and approved by the Legislative Council, provide for: (a) Intensive outpatient treatment to be made available to the drug court program in each judicial district; (b) Short-term and long-term inpatient treatment to be made available to the drug court program in each judicial district; and (c) A drug court judge to contract with a local licensed treatment provider for counseling services for drug court participants so that each privately contracted addiction counselor does not have more than thirty (30) drug court participants in his or her caseload. (ii) The Department of Community Correction shall enter into an interagency memorandum of understanding with the Administrative Office of the Courts in order to establish the process and procedures for the payment of treatment services ordered by a drug court judge and funded through the Department of Community Correction. (iii) Expenditures of funds for treatment services allocated to each approved drug court program under the formula described in subdivision (1)(E)(i) of this section shall be at the direction of a drug court judge, except as limited by the procedures adopted in the memorandum of understanding described in subdivision (1)(E)(ii) of this section; (2) The Department of Human Services shall: (A) Provide a minimum of one (1) drug counselor position for every thirty (30) drug court participants in delinquency cases, dependency-neglect cases, and family in need of services cases; (B) Provide for drug screens and testing as needed in delinquency cases, dependency-neglect cases, and family in need of services cases; and (C) Provide for intensive outpatient treatment and short-term and long-term inpatient treatment to be made available to the drug court program in each judicial district in delinquency cases, dependency-neglect cases, and family in need of services cases based upon a formula developed by the Administrative Office of the Courts and reviewed by the Specialty Court Program Advisory Committee; and (3) The Administrative Office of the Courts shall: (A) Provide funding to be reviewed by the Specialty Court Program Advisory Committee for additional ongoing maintenance and operation costs of a local approved drug court program not provided by the Department of Community Correction or the Department of Human Services, including local drug court program supplies, education, travel, and related expenses; (B) Provide direct support to the drug court judge and drug court program; (C) Provide coordination between the multidisciplinary team and the drug court judge; (D) Provide case management; (E) Monitor compliance of drug court participants with drug court program requirements; and (F) Provide assistance and support to the Specialty Court Program Advisory Committee for the evaluation of adult and juvenile specialty court programs. Amended by Act 2015, No. 895,§ 39, eff. 4/1/2015. Amended by Act 2015, No. 895,§ 38, eff. 4/1/2015. Amended by Act 2015, No. 895,§ 37, eff. 4/1/2015. Acts 2007, No. 1022, § 5.

Each approved drug court program established under this subchapter, subject to an appropriation, funding, and position authorization, both programmatic and administrative, shall be provided with the following resources:

(1) The Department of Community Correction shall provide the following pursuant to § 16-98-303(b)(2) for adult offenders: (A) (i) Except as provided in subdivision (1)(A)(ii) of this section, provide a minimum of one (1) drug counselor position for every thirty (30) drug court participants. (ii) If a drug court judge does not require the drug counselor position or positions described in subdivision (1)(A)(i) of this section, funding for a drug counselor or counselors shall be provided under subdivision (1)(E)(i) of this section; (B) Provide a minimum of one (1) probation officer position for every forty (40) drug court participants; (C) Provide a minimum of one (1) administrative assistant position for each drug court program; (D) Provide for drug screens and testing as needed; and (E) (i) Based upon a formula to be developed by the Administrative Office of the Courts, reviewed by the Specialty Court Program Advisory Committee, and approved by the Legislative Council, provide for: (a) Intensive outpatient treatment to be made available to the drug court program in each judicial district; (b) Short-term and long-term inpatient treatment to be made available to the drug court program in each judicial district; and (c) A drug court judge to contract with a local licensed treatment provider for counseling services for drug court participants so that each privately contracted addiction counselor does not have more than thirty (30) drug court participants in his or her caseload. (ii) The Department of Community Correction shall enter into an interagency memorandum of understanding with the Administrative Office of the Courts in order to establish the process and procedures for the payment of treatment services ordered by a drug court judge and funded through the Department of Community Correction. (iii) Expenditures of funds for treatment services allocated to each approved drug court program under the formula described in subdivision (1)(E)(i) of this section shall be at the direction of a drug court judge, except as limited by the procedures adopted in the memorandum of understanding described in subdivision (1)(E)(ii) of this section;

(A) (i) Except as provided in subdivision (1)(A)(ii) of this section, provide a minimum of one (1) drug counselor position for every thirty (30) drug court participants. (ii) If a drug court judge does not require the drug counselor position or positions described in subdivision (1)(A)(i) of this section, funding for a drug counselor or counselors shall be provided under subdivision (1)(E)(i) of this section;

(i) Except as provided in subdivision (1)(A)(ii) of this section, provide a minimum of one (1) drug counselor position for every thirty (30) drug court participants.

(ii) If a drug court judge does not require the drug counselor position or positions described in subdivision (1)(A)(i) of this section, funding for a drug counselor or counselors shall be provided under subdivision (1)(E)(i) of this section;

(B) Provide a minimum of one (1) probation officer position for every forty (40) drug court participants;

(C) Provide a minimum of one (1) administrative assistant position for each drug court program;

(D) Provide for drug screens and testing as needed; and

(E) (i) Based upon a formula to be developed by the Administrative Office of the Courts, reviewed by the Specialty Court Program Advisory Committee, and approved by the Legislative Council, provide for: (a) Intensive outpatient treatment to be made available to the drug court program in each judicial district; (b) Short-term and long-term inpatient treatment to be made available to the drug court program in each judicial district; and (c) A drug court judge to contract with a local licensed treatment provider for counseling services for drug court participants so that each privately contracted addiction counselor does not have more than thirty (30) drug court participants in his or her caseload. (ii) The Department of Community Correction shall enter into an interagency memorandum of understanding with the Administrative Office of the Courts in order to establish the process and procedures for the payment of treatment services ordered by a drug court judge and funded through the Department of Community Correction. (iii) Expenditures of funds for treatment services allocated to each approved drug court program under the formula described in subdivision (1)(E)(i) of this section shall be at the direction of a drug court judge, except as limited by the procedures adopted in the memorandum of understanding described in subdivision (1)(E)(ii) of this section;

(i) Based upon a formula to be developed by the Administrative Office of the Courts, reviewed by the Specialty Court Program Advisory Committee, and approved by the Legislative Council, provide for: (a) Intensive outpatient treatment to be made available to the drug court program in each judicial district; (b) Short-term and long-term inpatient treatment to be made available to the drug court program in each judicial district; and (c) A drug court judge to contract with a local licensed treatment provider for counseling services for drug court participants so that each privately contracted addiction counselor does not have more than thirty (30) drug court participants in his or her caseload.

(a) Intensive outpatient treatment to be made available to the drug court program in each judicial district;

(b) Short-term and long-term inpatient treatment to be made available to the drug court program in each judicial district; and

(c) A drug court judge to contract with a local licensed treatment provider for counseling services for drug court participants so that each privately contracted addiction counselor does not have more than thirty (30) drug court participants in his or her caseload.

(ii) The Department of Community Correction shall enter into an interagency memorandum of understanding with the Administrative Office of the Courts in order to establish the process and procedures for the payment of treatment services ordered by a drug court judge and funded through the Department of Community Correction.

(iii) Expenditures of funds for treatment services allocated to each approved drug court program under the formula described in subdivision (1)(E)(i) of this section shall be at the direction of a drug court judge, except as limited by the procedures adopted in the memorandum of understanding described in subdivision (1)(E)(ii) of this section;

(2) The Department of Human Services shall: (A) Provide a minimum of one (1) drug counselor position for every thirty (30) drug court participants in delinquency cases, dependency-neglect cases, and family in need of services cases; (B) Provide for drug screens and testing as needed in delinquency cases, dependency-neglect cases, and family in need of services cases; and (C) Provide for intensive outpatient treatment and short-term and long-term inpatient treatment to be made available to the drug court program in each judicial district in delinquency cases, dependency-neglect cases, and family in need of services cases based upon a formula developed by the Administrative Office of the Courts and reviewed by the Specialty Court Program Advisory Committee; and

(A) Provide a minimum of one (1) drug counselor position for every thirty (30) drug court participants in delinquency cases, dependency-neglect cases, and family in need of services cases;

(B) Provide for drug screens and testing as needed in delinquency cases, dependency-neglect cases, and family in need of services cases; and

(C) Provide for intensive outpatient treatment and short-term and long-term inpatient treatment to be made available to the drug court program in each judicial district in delinquency cases, dependency-neglect cases, and family in need of services cases based upon a formula developed by the Administrative Office of the Courts and reviewed by the Specialty Court Program Advisory Committee; and

(3) The Administrative Office of the Courts shall: (A) Provide funding to be reviewed by the Specialty Court Program Advisory Committee for additional ongoing maintenance and operation costs of a local approved drug court program not provided by the Department of Community Correction or the Department of Human Services, including local drug court program supplies, education, travel, and related expenses; (B) Provide direct support to the drug court judge and drug court program; (C) Provide coordination between the multidisciplinary team and the drug court judge; (D) Provide case management; (E) Monitor compliance of drug court participants with drug court program requirements; and (F) Provide assistance and support to the Specialty Court Program Advisory Committee for the evaluation of adult and juvenile specialty court programs.

(A) Provide funding to be reviewed by the Specialty Court Program Advisory Committee for additional ongoing maintenance and operation costs of a local approved drug court program not provided by the Department of Community Correction or the Department of Human Services, including local drug court program supplies, education, travel, and related expenses;

(B) Provide direct support to the drug court judge and drug court program;

(C) Provide coordination between the multidisciplinary team and the drug court judge;

(D) Provide case management;

(E) Monitor compliance of drug court participants with drug court program requirements; and

(F) Provide assistance and support to the Specialty Court Program Advisory Committee for the evaluation of adult and juvenile specialty court programs.

Amended by Act 2015, No. 895,§ 39, eff. 4/1/2015.

Amended by Act 2015, No. 895,§ 38, eff. 4/1/2015.

Amended by Act 2015, No. 895,§ 37, eff. 4/1/2015.

Acts 2007, No. 1022, § 5.
Ark. Code Ann. § 16-13-1903 — AR Code / Title 16 / Chapter 13 / Subchapter 19 / Section 16-13-1903
Judges, chancellors, and prosecuting attorney
Status: in_force

(a) (1) The qualified electors of the Eleventh Judicial District-West shall elect: (A) Two (2) circuit judges; (B) Two (2) chancellors; (C) One (1) combination circuit-chancery judge; (D) One (1) circuit-chancery judge; and (E) One (1) prosecuting attorney. (2) The judge of the circuit-chancery judgeship created for the Eleventh Judicial District-West by subdivision (a)(1)(C) of this section shall devote one-half (½) of his or her time to the chancery and probate proceedings and one-half (½) of his or her time to the circuit proceedings, including, but not limited to: (A) Presiding over all post-conviction proceedings in the Eleventh Judicial District-West; (B) Presiding over all matters involving acts committed by inmates of the Division of Correction over which the Eleventh Judicial District-West has jurisdiction; and (C) Hearing all civil actions filed by inmates of the Division of Correction over which the Eleventh Judicial District-West has jurisdiction. (3) (A) The judge of the judgeship created by subdivision (a)(1)(D) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (B) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(D) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits. (b) The qualified electors of the Eleventh Judicial District-East shall elect one (1) circuit-chancery court judge, who shall have jurisdiction in law, equity, and probate. Amended by Act 2019, No. 910,§ 852, eff. 7/1/2019. Acts 1977, No. 432, § 1; 1981, No. 609, § 1; 1983, No. 922, § 15; A.S.A. 1947, § 22-365; Acts 1987, No. 444, §§ 1, 3; 1989, No. 949, § 1.

(a) (1) The qualified electors of the Eleventh Judicial District-West shall elect: (A) Two (2) circuit judges; (B) Two (2) chancellors; (C) One (1) combination circuit-chancery judge; (D) One (1) circuit-chancery judge; and (E) One (1) prosecuting attorney. (2) The judge of the circuit-chancery judgeship created for the Eleventh Judicial District-West by subdivision (a)(1)(C) of this section shall devote one-half (½) of his or her time to the chancery and probate proceedings and one-half (½) of his or her time to the circuit proceedings, including, but not limited to: (A) Presiding over all post-conviction proceedings in the Eleventh Judicial District-West; (B) Presiding over all matters involving acts committed by inmates of the Division of Correction over which the Eleventh Judicial District-West has jurisdiction; and (C) Hearing all civil actions filed by inmates of the Division of Correction over which the Eleventh Judicial District-West has jurisdiction. (3) (A) The judge of the judgeship created by subdivision (a)(1)(D) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (B) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(D) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(1) The qualified electors of the Eleventh Judicial District-West shall elect: (A) Two (2) circuit judges; (B) Two (2) chancellors; (C) One (1) combination circuit-chancery judge; (D) One (1) circuit-chancery judge; and (E) One (1) prosecuting attorney.

(A) Two (2) circuit judges;

(B) Two (2) chancellors;

(C) One (1) combination circuit-chancery judge;

(D) One (1) circuit-chancery judge; and

(E) One (1) prosecuting attorney.

(2) The judge of the circuit-chancery judgeship created for the Eleventh Judicial District-West by subdivision (a)(1)(C) of this section shall devote one-half (½) of his or her time to the chancery and probate proceedings and one-half (½) of his or her time to the circuit proceedings, including, but not limited to: (A) Presiding over all post-conviction proceedings in the Eleventh Judicial District-West; (B) Presiding over all matters involving acts committed by inmates of the Division of Correction over which the Eleventh Judicial District-West has jurisdiction; and (C) Hearing all civil actions filed by inmates of the Division of Correction over which the Eleventh Judicial District-West has jurisdiction.

(A) Presiding over all post-conviction proceedings in the Eleventh Judicial District-West;

(B) Presiding over all matters involving acts committed by inmates of the Division of Correction over which the Eleventh Judicial District-West has jurisdiction; and

(C) Hearing all civil actions filed by inmates of the Division of Correction over which the Eleventh Judicial District-West has jurisdiction.

(3) (A) The judge of the judgeship created by subdivision (a)(1)(D) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (B) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(D) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(A) The judge of the judgeship created by subdivision (a)(1)(D) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district.

(B) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(D) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(b) The qualified electors of the Eleventh Judicial District-East shall elect one (1) circuit-chancery court judge, who shall have jurisdiction in law, equity, and probate.

Amended by Act 2019, No. 910,§ 852, eff. 7/1/2019.

Acts 1977, No. 432, § 1; 1981, No. 609, § 1; 1983, No. 922, § 15; A.S.A. 1947, § 22-365; Acts 1987, No. 444, §§ 1, 3; 1989, No. 949, § 1.
Ark. Code Ann. § 16-10-604 — AR Code / Title 16 / Chapter 10 / Subchapter 6 / Section 16-10-604
Procedure - City administration of justice funds
Status: in_force

(a) (1) Pursuant to § 16-10-308 , each town or city which operates a district court is to create a city administration of justice fund. (2) (A) Any town or city operating a city court that becomes a department of district court shall continue to maintain the city administration of justice fund as originally established pursuant to § 16-10-308 . (B) The city administration of justice fund of any town or city shall cease to exist on and after the effective date of an ordinance that abolishes the department of district court for the town or city pursuant to state law. (3) There shall be deposited into the fund: (A) All receipts from the collection of uniform filing fees established by § 16-17-705 which are collected by the district court operated by the town or city; and (B) All receipts from the collection of uniform court costs, established by § 16-10-305 which are collected by the county, town, or city official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in the district court operated by the town or city. (b) From the city administration of justice fund, the following fund transfers or disbursements shall be made on a monthly basis: (1) (A) Pursuant to § 16-10-308(c) , the Department of Finance and Administration will certify for each town or city the town's or city's monthly share of uniform court costs and filing fees to be retained by the town or city. (B) (i) Each year the town or city council shall establish the amount of uniform filing fees and court costs to be appropriated to each of the town or city programs or agencies enumerated in § 16-10-308(b) from the town's or city's share of uniform court costs and filing fees. (ii) Each program or agency shall receive, as a minimum, the amount established by § 16-10-308(b) . (C) Each program or agency shall be paid, by warrant or fund transfer, a monthly installment of at least one-twelfth (1/12) of the annual appropriation provided for each by the town or city council; (2) (A) Pursuant to § 16-10-308(b)(5) , the town or city shall remit to the county treasurer for deposit into the county administration of justice fund a portion of the town's or city's share of uniform court costs and filing fees. (B) The amount of the remittance shall be based upon the amount, if any, of uniform court costs and filing fees which had been remitted by the town or city to the county to fund county-level programs and agencies during the base year defined in § 16-10-308(b) . (C) By common agreement, towns, cities, and counties may establish a different fixed dollar amount or percentage of the town's or city's monthly share of filing fees and court costs which shall be remitted to the county treasurer; (3) For the calendar year beginning January 1, 1998, the amount of the remittance shall be based upon the amount, if any, of uniform court costs and filing fees which had been remitted by the town or city to fund county-level programs and agencies during the base year defined in § 16-10-308(b) , less eighty-five percent (85%) of the total dollar amount which was certified by the town or city as having been collected during calendar year 1994 for the purpose of funding the office and operation of the public defender and public defender investigator; and (4) The excess of the monthly receipts into the fund, less the town's or city's certified monthly share, shall be remitted to the department, pursuant to § 16-10-308(e) . (c) (1) If a district court is operated solely by a county rather than a town or city and all of the uniform court costs and filing fees collected by the court are remitted to the county, the town or city shall not be required to create a city administration of justice fund. (2) The town's or city's share of uniform court costs and filing fees shall be remitted directly to the county treasurer for deposit into the county administration of justice fund. (d) (1) (A) For any district court which was created after January 1, 1994, such that the base year used to calculate the town's or city's share pursuant to § 16-10-308 was not complete, the town or city share shall be deemed to be fifty percent (50%) of the uniform court costs and filing fees collected and remitted to the city administration of justice fund. (B) District courts created pursuant to § 16-17-901 et seq. shall not be considered for purposes of this section to have been created after January 1, 1994, or to have a base year that is not complete if the district court is merely a continuation of a district or city court that was in existence on December 31, 2007, or December 31, 2011. (C) From the fifty-percent share described in subdivision (d)(1)(A) of this section, the town or city shall disburse or transfer fifty percent (50%) of the funds to the local programs or agencies pursuant to subdivision (b)(1) of this section and fifty percent (50%) to the county treasurer pursuant to subdivision (b)(2) of this section. (2) The remaining fifty percent (50%) shall be remitted to the Department of Finance and Administration, pursuant to § 16-10-308(e) . Acts 1997, No. 788, § 9; 1997, No. 1341, § 9; 2001, No. 1809, § 2; 2003, No. 1185, §§ 60, 61; 2007, No. 663, § 30.

(a) (1) Pursuant to § 16-10-308 , each town or city which operates a district court is to create a city administration of justice fund. (2) (A) Any town or city operating a city court that becomes a department of district court shall continue to maintain the city administration of justice fund as originally established pursuant to § 16-10-308 . (B) The city administration of justice fund of any town or city shall cease to exist on and after the effective date of an ordinance that abolishes the department of district court for the town or city pursuant to state law. (3) There shall be deposited into the fund: (A) All receipts from the collection of uniform filing fees established by § 16-17-705 which are collected by the district court operated by the town or city; and (B) All receipts from the collection of uniform court costs, established by § 16-10-305 which are collected by the county, town, or city official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in the district court operated by the town or city.

(1) Pursuant to § 16-10-308 , each town or city which operates a district court is to create a city administration of justice fund.

(2) (A) Any town or city operating a city court that becomes a department of district court shall continue to maintain the city administration of justice fund as originally established pursuant to § 16-10-308 . (B) The city administration of justice fund of any town or city shall cease to exist on and after the effective date of an ordinance that abolishes the department of district court for the town or city pursuant to state law.

(A) Any town or city operating a city court that becomes a department of district court shall continue to maintain the city administration of justice fund as originally established pursuant to § 16-10-308 .

(B) The city administration of justice fund of any town or city shall cease to exist on and after the effective date of an ordinance that abolishes the department of district court for the town or city pursuant to state law.

(3) There shall be deposited into the fund: (A) All receipts from the collection of uniform filing fees established by § 16-17-705 which are collected by the district court operated by the town or city; and (B) All receipts from the collection of uniform court costs, established by § 16-10-305 which are collected by the county, town, or city official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in the district court operated by the town or city.

(A) All receipts from the collection of uniform filing fees established by § 16-17-705 which are collected by the district court operated by the town or city; and

(B) All receipts from the collection of uniform court costs, established by § 16-10-305 which are collected by the county, town, or city official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in the district court operated by the town or city.

(b) From the city administration of justice fund, the following fund transfers or disbursements shall be made on a monthly basis: (1) (A) Pursuant to § 16-10-308(c) , the Department of Finance and Administration will certify for each town or city the town's or city's monthly share of uniform court costs and filing fees to be retained by the town or city. (B) (i) Each year the town or city council shall establish the amount of uniform filing fees and court costs to be appropriated to each of the town or city programs or agencies enumerated in § 16-10-308(b) from the town's or city's share of uniform court costs and filing fees. (ii) Each program or agency shall receive, as a minimum, the amount established by § 16-10-308(b) . (C) Each program or agency shall be paid, by warrant or fund transfer, a monthly installment of at least one-twelfth (1/12) of the annual appropriation provided for each by the town or city council; (2) (A) Pursuant to § 16-10-308(b)(5) , the town or city shall remit to the county treasurer for deposit into the county administration of justice fund a portion of the town's or city's share of uniform court costs and filing fees. (B) The amount of the remittance shall be based upon the amount, if any, of uniform court costs and filing fees which had been remitted by the town or city to the county to fund county-level programs and agencies during the base year defined in § 16-10-308(b) . (C) By common agreement, towns, cities, and counties may establish a different fixed dollar amount or percentage of the town's or city's monthly share of filing fees and court costs which shall be remitted to the county treasurer; (3) For the calendar year beginning January 1, 1998, the amount of the remittance shall be based upon the amount, if any, of uniform court costs and filing fees which had been remitted by the town or city to fund county-level programs and agencies during the base year defined in § 16-10-308(b) , less eighty-five percent (85%) of the total dollar amount which was certified by the town or city as having been collected during calendar year 1994 for the purpose of funding the office and operation of the public defender and public defender investigator; and (4) The excess of the monthly receipts into the fund, less the town's or city's certified monthly share, shall be remitted to the department, pursuant to § 16-10-308(e) .

(1) (A) Pursuant to § 16-10-308(c) , the Department of Finance and Administration will certify for each town or city the town's or city's monthly share of uniform court costs and filing fees to be retained by the town or city. (B) (i) Each year the town or city council shall establish the amount of uniform filing fees and court costs to be appropriated to each of the town or city programs or agencies enumerated in § 16-10-308(b) from the town's or city's share of uniform court costs and filing fees. (ii) Each program or agency shall receive, as a minimum, the amount established by § 16-10-308(b) . (C) Each program or agency shall be paid, by warrant or fund transfer, a monthly installment of at least one-twelfth (1/12) of the annual appropriation provided for each by the town or city council;

(A) Pursuant to § 16-10-308(c) , the Department of Finance and Administration will certify for each town or city the town's or city's monthly share of uniform court costs and filing fees to be retained by the town or city.

(B) (i) Each year the town or city council shall establish the amount of uniform filing fees and court costs to be appropriated to each of the town or city programs or agencies enumerated in § 16-10-308(b) from the town's or city's share of uniform court costs and filing fees. (ii) Each program or agency shall receive, as a minimum, the amount established by § 16-10-308(b) .

(i) Each year the town or city council shall establish the amount of uniform filing fees and court costs to be appropriated to each of the town or city programs or agencies enumerated in § 16-10-308(b) from the town's or city's share of uniform court costs and filing fees.

(ii) Each program or agency shall receive, as a minimum, the amount established by § 16-10-308(b) .

(C) Each program or agency shall be paid, by warrant or fund transfer, a monthly installment of at least one-twelfth (1/12) of the annual appropriation provided for each by the town or city council;

(2) (A) Pursuant to § 16-10-308(b)(5) , the town or city shall remit to the county treasurer for deposit into the county administration of justice fund a portion of the town's or city's share of uniform court costs and filing fees. (B) The amount of the remittance shall be based upon the amount, if any, of uniform court costs and filing fees which had been remitted by the town or city to the county to fund county-level programs and agencies during the base year defined in § 16-10-308(b) . (C) By common agreement, towns, cities, and counties may establish a different fixed dollar amount or percentage of the town's or city's monthly share of filing fees and court costs which shall be remitted to the county treasurer;

(A) Pursuant to § 16-10-308(b)(5) , the town or city shall remit to the county treasurer for deposit into the county administration of justice fund a portion of the town's or city's share of uniform court costs and filing fees.

(B) The amount of the remittance shall be based upon the amount, if any, of uniform court costs and filing fees which had been remitted by the town or city to the county to fund county-level programs and agencies during the base year defined in § 16-10-308(b) .

(C) By common agreement, towns, cities, and counties may establish a different fixed dollar amount or percentage of the town's or city's monthly share of filing fees and court costs which shall be remitted to the county treasurer;

(3) For the calendar year beginning January 1, 1998, the amount of the remittance shall be based upon the amount, if any, of uniform court costs and filing fees which had been remitted by the town or city to fund county-level programs and agencies during the base year defined in § 16-10-308(b) , less eighty-five percent (85%) of the total dollar amount which was certified by the town or city as having been collected during calendar year 1994 for the purpose of funding the office and operation of the public defender and public defender investigator; and

(4) The excess of the monthly receipts into the fund, less the town's or city's certified monthly share, shall be remitted to the department, pursuant to § 16-10-308(e) .

(c) (1) If a district court is operated solely by a county rather than a town or city and all of the uniform court costs and filing fees collected by the court are remitted to the county, the town or city shall not be required to create a city administration of justice fund. (2) The town's or city's share of uniform court costs and filing fees shall be remitted directly to the county treasurer for deposit into the county administration of justice fund.

(1) If a district court is operated solely by a county rather than a town or city and all of the uniform court costs and filing fees collected by the court are remitted to the county, the town or city shall not be required to create a city administration of justice fund.

(2) The town's or city's share of uniform court costs and filing fees shall be remitted directly to the county treasurer for deposit into the county administration of justice fund.

(d) (1) (A) For any district court which was created after January 1, 1994, such that the base year used to calculate the town's or city's share pursuant to § 16-10-308 was not complete, the town or city share shall be deemed to be fifty percent (50%) of the uniform court costs and filing fees collected and remitted to the city administration of justice fund. (B) District courts created pursuant to § 16-17-901 et seq. shall not be considered for purposes of this section to have been created after January 1, 1994, or to have a base year that is not complete if the district court is merely a continuation of a district or city court that was in existence on December 31, 2007, or December 31, 2011. (C) From the fifty-percent share described in subdivision (d)(1)(A) of this section, the town or city shall disburse or transfer fifty percent (50%) of the funds to the local programs or agencies pursuant to subdivision (b)(1) of this section and fifty percent (50%) to the county treasurer pursuant to subdivision (b)(2) of this section. (2) The remaining fifty percent (50%) shall be remitted to the Department of Finance and Administration, pursuant to § 16-10-308(e) .

(1) (A) For any district court which was created after January 1, 1994, such that the base year used to calculate the town's or city's share pursuant to § 16-10-308 was not complete, the town or city share shall be deemed to be fifty percent (50%) of the uniform court costs and filing fees collected and remitted to the city administration of justice fund. (B) District courts created pursuant to § 16-17-901 et seq. shall not be considered for purposes of this section to have been created after January 1, 1994, or to have a base year that is not complete if the district court is merely a continuation of a district or city court that was in existence on December 31, 2007, or December 31, 2011. (C) From the fifty-percent share described in subdivision (d)(1)(A) of this section, the town or city shall disburse or transfer fifty percent (50%) of the funds to the local programs or agencies pursuant to subdivision (b)(1) of this section and fifty percent (50%) to the county treasurer pursuant to subdivision (b)(2) of this section.

(A) For any district court which was created after January 1, 1994, such that the base year used to calculate the town's or city's share pursuant to § 16-10-308 was not complete, the town or city share shall be deemed to be fifty percent (50%) of the uniform court costs and filing fees collected and remitted to the city administration of justice fund.

(B) District courts created pursuant to § 16-17-901 et seq. shall not be considered for purposes of this section to have been created after January 1, 1994, or to have a base year that is not complete if the district court is merely a continuation of a district or city court that was in existence on December 31, 2007, or December 31, 2011.

(C) From the fifty-percent share described in subdivision (d)(1)(A) of this section, the town or city shall disburse or transfer fifty percent (50%) of the funds to the local programs or agencies pursuant to subdivision (b)(1) of this section and fifty percent (50%) to the county treasurer pursuant to subdivision (b)(2) of this section.

(2) The remaining fifty percent (50%) shall be remitted to the Department of Finance and Administration, pursuant to § 16-10-308(e) .

Acts 1997, No. 788, § 9; 1997, No. 1341, § 9; 2001, No. 1809, § 2; 2003, No. 1185, §§ 60, 61; 2007, No. 663, § 30.
Ark. Code Ann. § 16-110-120 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-120
Removal of pending proceedings
Status: in_force

(a) In all actions in which attachments may be pending in the circuit court, held in any county, and in the inferior courts of the county, and which have been levied upon the same property, in whole or in part, it shall be the duty of the judge of the circuit court, or of the inferior court, upon the motion of either party in the action or actions, to make an order for the removal of the actions pending in the inferior court to the circuit court, where they shall be tried as if originally brought in the circuit court. (b) In all actions which may be brought in the circuit court of this state, in which attachments may be pending, and which may be levied upon the same property, in whole or in part, the judges of the court where the actions are pending shall have power to make an order for the removal of the actions, or some of them, by change of venue, so as to have them all upon the same docket and under the control of the same court. The order of removal shall only be made upon petition filed, and in such cases as the judge shall be satisfied that the removal is necessary for the proper distribution of the attached property, and the adjustment of the rights of the parties to the actions. In making the order of removal, due regard shall be given to the convenience of the parties. (c) The order of removal may be made in open court or by the judge of the courts in vacation. However, in either case, notice of the application shall be given to the opposite party, and affidavits may be read for and against such application. (d) (1) Where the order of removal is made, it shall be the duty of the clerk of the circuit court and of the judges of the inferior courts immediately to remove the papers in the action, as directed by the order, and to file an authentic copy of the orders which have been made in the case or cases. (2) If the order of removal is to another county, the clerk shall have the same fees now allowed for like services in other cases of change of venue, to be paid in advance by the applicant for the removal, to be taxed as costs, and finally paid out of the attached funds, or by such of the parties as the court shall order. Civil Code, §§ 288-291; C. & M. Dig., §§ 575-578; Pope's Dig., §§ 612-615; A.S.A. 1947, §§ 31-129 -- 31-132.

(a) In all actions in which attachments may be pending in the circuit court, held in any county, and in the inferior courts of the county, and which have been levied upon the same property, in whole or in part, it shall be the duty of the judge of the circuit court, or of the inferior court, upon the motion of either party in the action or actions, to make an order for the removal of the actions pending in the inferior court to the circuit court, where they shall be tried as if originally brought in the circuit court.

(b) In all actions which may be brought in the circuit court of this state, in which attachments may be pending, and which may be levied upon the same property, in whole or in part, the judges of the court where the actions are pending shall have power to make an order for the removal of the actions, or some of them, by change of venue, so as to have them all upon the same docket and under the control of the same court. The order of removal shall only be made upon petition filed, and in such cases as the judge shall be satisfied that the removal is necessary for the proper distribution of the attached property, and the adjustment of the rights of the parties to the actions. In making the order of removal, due regard shall be given to the convenience of the parties.

(c) The order of removal may be made in open court or by the judge of the courts in vacation. However, in either case, notice of the application shall be given to the opposite party, and affidavits may be read for and against such application.

(d) (1) Where the order of removal is made, it shall be the duty of the clerk of the circuit court and of the judges of the inferior courts immediately to remove the papers in the action, as directed by the order, and to file an authentic copy of the orders which have been made in the case or cases. (2) If the order of removal is to another county, the clerk shall have the same fees now allowed for like services in other cases of change of venue, to be paid in advance by the applicant for the removal, to be taxed as costs, and finally paid out of the attached funds, or by such of the parties as the court shall order.

(1) Where the order of removal is made, it shall be the duty of the clerk of the circuit court and of the judges of the inferior courts immediately to remove the papers in the action, as directed by the order, and to file an authentic copy of the orders which have been made in the case or cases.

(2) If the order of removal is to another county, the clerk shall have the same fees now allowed for like services in other cases of change of venue, to be paid in advance by the applicant for the removal, to be taxed as costs, and finally paid out of the attached funds, or by such of the parties as the court shall order.

Civil Code, §§ 288-291; C. & M. Dig., §§ 575-578; Pope's Dig., §§ 612-615; A.S.A. 1947, §§ 31-129 -- 31-132.
Ark. Code Ann. § 16-17-1002 — AR Code / Title 16 / Chapter 17 / Subchapter 10 / Section 16-17-1002
District Court Resource Assessment Board
Status: in_force

(a) There is created the District Court Resource Assessment Board. (b) (1) The board shall consist of eleven (11) members appointed as follows: (A) Two (2) members of the Senate appointed by the Chair of the Senate Committee on Judiciary; (B) Two (2) members of the House of Representatives appointed by the Chair of the House Committee on Judiciary; and (C) Seven (7) members appointed by the Supreme Court as follows: (i) Two (2) members of the Arkansas District Judges Council; (ii) One (1) member of the Association of Arkansas Counties; (iii) One (1) member of the Arkansas Municipal League; (iv) One (1) Justice of the Supreme Court; (v) One (1) member of the Arkansas Bar Association who is engaged in the full-time private practice of law; and (vi) One (1) circuit judge. (2) The board shall have three (3) ex officio members who shall serve as nonvoting members: (A) The Chair of the Senate Committee on Judiciary or his or her designee; (B) The Chair of the House Committee on Judiciary or his or her designee; and (C) The Attorney General or his or her designee. (3) (A) Each member of the board shall serve a term of four (4) years. (B) However, the initial board members shall serve terms to be determined by lot so that: (i) Two (2) members serve an initial term of one (1) year; (ii) Three (3) members serve an initial term of two (2) years; (iii) Three (3) members serve an initial term of three (3) years; and (iv) Three (3) members serve an initial term of four (4) years. (C) A member may be reappointed successively for one (1) four-year term. (4) If a vacancy occurs on the board, the original appointing authority shall appoint a successor to serve the remainder of the unexpired term. (5) The board shall elect annually one (1) member to serve as chair and one (1) member to serve as secretary. (6) The board shall meet: (A) Initially whenever called by the Supreme Court; (B) On or before the first Tuesday of the December before each regular session of the General Assembly to consider making a recommendation to the General Assembly for: (i) The creation and placement of new state-funded district court judgeships; (ii) Any redistricting of the district courts; and (iii) The reorganization, consolidation, abolition, or creation of any district court or district court judgeship; (C) Upon the end of the term, resignation, retirement, death, or election to another judicial office of any district judge to: (i) Recommend the reorganization, consolidation, abolition, or continuation of that district court judgeship to the General Assembly; and (ii) (a) Evaluate the status of the vacated district court judgeship and make a recommendation to the General Assembly before the next regular session, fiscal session, or special session or during a current session. (b) An appointment or election to fill a vacant district court judgeship does not affect the mandatory evaluation required by subdivision (b)(6)(C)(ii)( a ) of this section; and (D) Upon the call of the chair or a majority of the board. (7) Six (6) members of the board is a quorum for the transaction of business. (8) Members of the board shall serve without pay, but may be reimbursed for expenses under § 25-16-902 . Acts 2007, No. 663, § 1; 2009, No. 962, § 35.

(a) There is created the District Court Resource Assessment Board.

(b) (1) The board shall consist of eleven (11) members appointed as follows: (A) Two (2) members of the Senate appointed by the Chair of the Senate Committee on Judiciary; (B) Two (2) members of the House of Representatives appointed by the Chair of the House Committee on Judiciary; and (C) Seven (7) members appointed by the Supreme Court as follows: (i) Two (2) members of the Arkansas District Judges Council; (ii) One (1) member of the Association of Arkansas Counties; (iii) One (1) member of the Arkansas Municipal League; (iv) One (1) Justice of the Supreme Court; (v) One (1) member of the Arkansas Bar Association who is engaged in the full-time private practice of law; and (vi) One (1) circuit judge. (2) The board shall have three (3) ex officio members who shall serve as nonvoting members: (A) The Chair of the Senate Committee on Judiciary or his or her designee; (B) The Chair of the House Committee on Judiciary or his or her designee; and (C) The Attorney General or his or her designee. (3) (A) Each member of the board shall serve a term of four (4) years. (B) However, the initial board members shall serve terms to be determined by lot so that: (i) Two (2) members serve an initial term of one (1) year; (ii) Three (3) members serve an initial term of two (2) years; (iii) Three (3) members serve an initial term of three (3) years; and (iv) Three (3) members serve an initial term of four (4) years. (C) A member may be reappointed successively for one (1) four-year term. (4) If a vacancy occurs on the board, the original appointing authority shall appoint a successor to serve the remainder of the unexpired term. (5) The board shall elect annually one (1) member to serve as chair and one (1) member to serve as secretary. (6) The board shall meet: (A) Initially whenever called by the Supreme Court; (B) On or before the first Tuesday of the December before each regular session of the General Assembly to consider making a recommendation to the General Assembly for: (i) The creation and placement of new state-funded district court judgeships; (ii) Any redistricting of the district courts; and (iii) The reorganization, consolidation, abolition, or creation of any district court or district court judgeship; (C) Upon the end of the term, resignation, retirement, death, or election to another judicial office of any district judge to: (i) Recommend the reorganization, consolidation, abolition, or continuation of that district court judgeship to the General Assembly; and (ii) (a) Evaluate the status of the vacated district court judgeship and make a recommendation to the General Assembly before the next regular session, fiscal session, or special session or during a current session. (b) An appointment or election to fill a vacant district court judgeship does not affect the mandatory evaluation required by subdivision (b)(6)(C)(ii)( a ) of this section; and (D) Upon the call of the chair or a majority of the board. (7) Six (6) members of the board is a quorum for the transaction of business. (8) Members of the board shall serve without pay, but may be reimbursed for expenses under § 25-16-902 .

(1) The board shall consist of eleven (11) members appointed as follows: (A) Two (2) members of the Senate appointed by the Chair of the Senate Committee on Judiciary; (B) Two (2) members of the House of Representatives appointed by the Chair of the House Committee on Judiciary; and (C) Seven (7) members appointed by the Supreme Court as follows: (i) Two (2) members of the Arkansas District Judges Council; (ii) One (1) member of the Association of Arkansas Counties; (iii) One (1) member of the Arkansas Municipal League; (iv) One (1) Justice of the Supreme Court; (v) One (1) member of the Arkansas Bar Association who is engaged in the full-time private practice of law; and (vi) One (1) circuit judge.

(A) Two (2) members of the Senate appointed by the Chair of the Senate Committee on Judiciary;

(B) Two (2) members of the House of Representatives appointed by the Chair of the House Committee on Judiciary; and

(C) Seven (7) members appointed by the Supreme Court as follows: (i) Two (2) members of the Arkansas District Judges Council; (ii) One (1) member of the Association of Arkansas Counties; (iii) One (1) member of the Arkansas Municipal League; (iv) One (1) Justice of the Supreme Court; (v) One (1) member of the Arkansas Bar Association who is engaged in the full-time private practice of law; and (vi) One (1) circuit judge.

(i) Two (2) members of the Arkansas District Judges Council;

(ii) One (1) member of the Association of Arkansas Counties;

(iii) One (1) member of the Arkansas Municipal League;

(iv) One (1) Justice of the Supreme Court;

(v) One (1) member of the Arkansas Bar Association who is engaged in the full-time private practice of law; and

(vi) One (1) circuit judge.

(2) The board shall have three (3) ex officio members who shall serve as nonvoting members: (A) The Chair of the Senate Committee on Judiciary or his or her designee; (B) The Chair of the House Committee on Judiciary or his or her designee; and (C) The Attorney General or his or her designee.

(A) The Chair of the Senate Committee on Judiciary or his or her designee;

(B) The Chair of the House Committee on Judiciary or his or her designee; and

(C) The Attorney General or his or her designee.

(3) (A) Each member of the board shall serve a term of four (4) years. (B) However, the initial board members shall serve terms to be determined by lot so that: (i) Two (2) members serve an initial term of one (1) year; (ii) Three (3) members serve an initial term of two (2) years; (iii) Three (3) members serve an initial term of three (3) years; and (iv) Three (3) members serve an initial term of four (4) years. (C) A member may be reappointed successively for one (1) four-year term.

(A) Each member of the board shall serve a term of four (4) years.

(B) However, the initial board members shall serve terms to be determined by lot so that: (i) Two (2) members serve an initial term of one (1) year; (ii) Three (3) members serve an initial term of two (2) years; (iii) Three (3) members serve an initial term of three (3) years; and (iv) Three (3) members serve an initial term of four (4) years.

(i) Two (2) members serve an initial term of one (1) year;

(ii) Three (3) members serve an initial term of two (2) years;

(iii) Three (3) members serve an initial term of three (3) years; and

(iv) Three (3) members serve an initial term of four (4) years.

(C) A member may be reappointed successively for one (1) four-year term.

(4) If a vacancy occurs on the board, the original appointing authority shall appoint a successor to serve the remainder of the unexpired term.

(5) The board shall elect annually one (1) member to serve as chair and one (1) member to serve as secretary.

(6) The board shall meet: (A) Initially whenever called by the Supreme Court; (B) On or before the first Tuesday of the December before each regular session of the General Assembly to consider making a recommendation to the General Assembly for: (i) The creation and placement of new state-funded district court judgeships; (ii) Any redistricting of the district courts; and (iii) The reorganization, consolidation, abolition, or creation of any district court or district court judgeship; (C) Upon the end of the term, resignation, retirement, death, or election to another judicial office of any district judge to: (i) Recommend the reorganization, consolidation, abolition, or continuation of that district court judgeship to the General Assembly; and (ii) (a) Evaluate the status of the vacated district court judgeship and make a recommendation to the General Assembly before the next regular session, fiscal session, or special session or during a current session. (b) An appointment or election to fill a vacant district court judgeship does not affect the mandatory evaluation required by subdivision (b)(6)(C)(ii)( a ) of this section; and (D) Upon the call of the chair or a majority of the board.

(A) Initially whenever called by the Supreme Court;

(B) On or before the first Tuesday of the December before each regular session of the General Assembly to consider making a recommendation to the General Assembly for: (i) The creation and placement of new state-funded district court judgeships; (ii) Any redistricting of the district courts; and (iii) The reorganization, consolidation, abolition, or creation of any district court or district court judgeship;

(i) The creation and placement of new state-funded district court judgeships;

(ii) Any redistricting of the district courts; and

(iii) The reorganization, consolidation, abolition, or creation of any district court or district court judgeship;

(C) Upon the end of the term, resignation, retirement, death, or election to another judicial office of any district judge to: (i) Recommend the reorganization, consolidation, abolition, or continuation of that district court judgeship to the General Assembly; and (ii) (a) Evaluate the status of the vacated district court judgeship and make a recommendation to the General Assembly before the next regular session, fiscal session, or special session or during a current session. (b) An appointment or election to fill a vacant district court judgeship does not affect the mandatory evaluation required by subdivision (b)(6)(C)(ii)( a ) of this section; and

(i) Recommend the reorganization, consolidation, abolition, or continuation of that district court judgeship to the General Assembly; and

(ii) (a) Evaluate the status of the vacated district court judgeship and make a recommendation to the General Assembly before the next regular session, fiscal session, or special session or during a current session. (b) An appointment or election to fill a vacant district court judgeship does not affect the mandatory evaluation required by subdivision (b)(6)(C)(ii)( a ) of this section; and

(a) Evaluate the status of the vacated district court judgeship and make a recommendation to the General Assembly before the next regular session, fiscal session, or special session or during a current session.

(b) An appointment or election to fill a vacant district court judgeship does not affect the mandatory evaluation required by subdivision (b)(6)(C)(ii)( a ) of this section; and

(D) Upon the call of the chair or a majority of the board.

(7) Six (6) members of the board is a quorum for the transaction of business.

(8) Members of the board shall serve without pay, but may be reimbursed for expenses under § 25-16-902 .

Acts 2007, No. 663, § 1; 2009, No. 962, § 35.
Ark. Code Ann. § 16-62-111 — AR Code / Title 16 / Chapter 62 / Section 16-62-111
Trial not postponed by revivor
Status: in_force

When, by the provisions of § 16-62-110 , an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had no death or cessation of powers taken place. Civil Code, § 565; C. & M. Dig., § 1069; Pope's Dig., § 1272; A.S.A. 1947, § 27-1020.

When, by the provisions of § 16-62-110 , an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had no death or cessation of powers taken place.

Civil Code, § 565; C. & M. Dig., § 1069; Pope's Dig., § 1272; A.S.A. 1947, § 27-1020.
Ark. Code Ann. § 16-85-403 — AR Code / Title 16 / Chapter 85 / Subchapter 4 / Section 16-85-403
Contents
Status: in_force

(a) (1) The language of the indictment must be certain as to the title of the prosecution, the name of the court in which the indictment is presented, and the name of the parties. (2) Upon request of the defendant, the state shall file a bill of particulars setting out the act or acts upon which it relies for conviction. (b) An indictment may be substantially in the following form: Click here to view form. (c) The indictment must be direct and certain as regards: (1) The party charged; (2) The offense or offenses charged; (3) The county in which the offense or offenses were committed; and (4) The particular circumstances of the offense or offenses charged where they are necessary to constitute a complete offense or offenses. Crim. Code, §§ 121-123; C. & M. Dig., §§ 3012, 3028, 3029; Init. Meas. 1936, No. 3, §§ 22, 23, Acts 1937, p 1384; Pope's Dig., §§ 3834, 3851, 3852; A.S.A. 1947, §§ 43-1006 -- 43-1008; Acts 2005, No. 1994, § 317.

(a) (1) The language of the indictment must be certain as to the title of the prosecution, the name of the court in which the indictment is presented, and the name of the parties. (2) Upon request of the defendant, the state shall file a bill of particulars setting out the act or acts upon which it relies for conviction.

(1) The language of the indictment must be certain as to the title of the prosecution, the name of the court in which the indictment is presented, and the name of the parties.

(2) Upon request of the defendant, the state shall file a bill of particulars setting out the act or acts upon which it relies for conviction.

(b) An indictment may be substantially in the following form: Click here to view form.

Click here to view form.

(c) The indictment must be direct and certain as regards: (1) The party charged; (2) The offense or offenses charged; (3) The county in which the offense or offenses were committed; and (4) The particular circumstances of the offense or offenses charged where they are necessary to constitute a complete offense or offenses.

(1) The party charged;

(2) The offense or offenses charged;

(3) The county in which the offense or offenses were committed; and

(4) The particular circumstances of the offense or offenses charged where they are necessary to constitute a complete offense or offenses.

Crim. Code, §§ 121-123; C. & M. Dig., §§ 3012, 3028, 3029; Init. Meas. 1936, No. 3, §§ 22, 23, Acts 1937, p 1384; Pope's Dig., §§ 3834, 3851, 3852; A.S.A. 1947, §§ 43-1006 -- 43-1008; Acts 2005, No. 1994, § 317.

85_403_1 - Attachment
Ark. Code Ann. § 16-17-928 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-928
Lawrence County District Court
Status: in_force

(a) (1) Lawrence County shall have one (1) district court with four (4) departments: (A) One (1) located in Walnut Ridge; (B) One (1) located in Hoxie; (C) One (1) located in Black Rock; and (D) One (1) located in Portia. (2) All four (4) departments are to be served by one (1) judge. (b) The Lawrence County District Court Judge shall be elected countywide. (c) The Lawrence County District Court shall have countywide jurisdiction. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2005, No. 72, §; 5; 2007, No. 663, § 50.

(a) (1) Lawrence County shall have one (1) district court with four (4) departments: (A) One (1) located in Walnut Ridge; (B) One (1) located in Hoxie; (C) One (1) located in Black Rock; and (D) One (1) located in Portia. (2) All four (4) departments are to be served by one (1) judge.

(1) Lawrence County shall have one (1) district court with four (4) departments: (A) One (1) located in Walnut Ridge; (B) One (1) located in Hoxie; (C) One (1) located in Black Rock; and (D) One (1) located in Portia.

(A) One (1) located in Walnut Ridge;

(B) One (1) located in Hoxie;

(C) One (1) located in Black Rock; and

(D) One (1) located in Portia.

(2) All four (4) departments are to be served by one (1) judge.

(b) The Lawrence County District Court Judge shall be elected countywide.

(c) The Lawrence County District Court shall have countywide jurisdiction.

Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017.

Acts 2005, No. 72, §; 5; 2007, No. 663, § 50.
Ark. Code Ann. § 16-82-201 — AR Code / Title 16 / Chapter 82 / Subchapter 2 / Section 16-82-201
Issuance of search warrants upon oral testimony
Status: in_force

(a) General Rule. If the circumstances make it reasonable to dispense with a written affidavit, any judicial officer of this state may issue a warrant based upon sworn oral testimony communicated by telephone or other appropriate means. (b) Application. (1) The person who is requesting the warrant shall prepare a document, in a form approved by the Arkansas Judicial Council, to be known as a duplicate original warrant and shall read such duplicate original warrant verbatim to the judicial officer. (2) The judicial officer shall enter verbatim what is so read to such magistrate on a document to be known as an original warrant. (3) The judicial officer may direct that the warrant be modified. (c) Issuance. (1) If the judicial officer is satisfied that the circumstances are such as to make it reasonable to dispense with a written affidavit and that grounds for the application exist or that there is probable cause to believe that they exist, the judicial officer shall order the issuance of a warrant by directing the person requesting the warrant to sign the judicial officer's name on the duplicate original warrant. (2) The judicial officer shall immediately sign the original warrant and enter on the face of the original warrant the exact time when the warrant was ordered to be issued. (3) The finding of probable cause for a warrant upon oral testimony may be based on the same kind of evidence as is sufficient for a warrant upon affidavit. (d) Recording and Certification of Testimony. (1) When a caller informs the judicial officer that the purpose of the call is to request a warrant, the judicial officer shall immediately place under oath each person whose testimony forms a basis for the application and each person applying for that warrant. (2) (A) If a voice recording device is available, the judicial officer shall record by means of the device all of the call after the caller informs the judicial officer that the purpose of the call is to request a warrant. (B) Otherwise, a stenographic or longhand verbatim record shall be made immediately. (C) If a voice recording device is used or a stenographic record made, the judicial officer shall have the record transcribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court. (D) If a longhand verbatim record is made, the judicial officer shall file a signed copy with the court. (e) Contents. The contents of a warrant upon oral testimony shall be the same as the contents of a warrant upon affidavit. (f) Additional Rule of Execution. The person who executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant. (g) Motion to Suppress Precluded. Absent a finding of bad faith, evidence obtained pursuant to a warrant issued under this section is not subject to a motion to suppress on the ground that the circumstances were not such as to make it reasonable to dispense with a written affidavit. Rev. Stat., ch. 45, § 15; C. & M. Dig., § 2890; Pope's Dig., § 3706; Acts 1971, No. 123, §§ 1, 2; A.S.A. 1947, §§ 43-201, 43-205; Acts 1993, No. 961, § 2; Acts 2005, No. 1994, § 439.

(a) General Rule. If the circumstances make it reasonable to dispense with a written affidavit, any judicial officer of this state may issue a warrant based upon sworn oral testimony communicated by telephone or other appropriate means.

(b) Application. (1) The person who is requesting the warrant shall prepare a document, in a form approved by the Arkansas Judicial Council, to be known as a duplicate original warrant and shall read such duplicate original warrant verbatim to the judicial officer. (2) The judicial officer shall enter verbatim what is so read to such magistrate on a document to be known as an original warrant. (3) The judicial officer may direct that the warrant be modified.

(1) The person who is requesting the warrant shall prepare a document, in a form approved by the Arkansas Judicial Council, to be known as a duplicate original warrant and shall read such duplicate original warrant verbatim to the judicial officer.

(2) The judicial officer shall enter verbatim what is so read to such magistrate on a document to be known as an original warrant.

(3) The judicial officer may direct that the warrant be modified.

(c) Issuance. (1) If the judicial officer is satisfied that the circumstances are such as to make it reasonable to dispense with a written affidavit and that grounds for the application exist or that there is probable cause to believe that they exist, the judicial officer shall order the issuance of a warrant by directing the person requesting the warrant to sign the judicial officer's name on the duplicate original warrant. (2) The judicial officer shall immediately sign the original warrant and enter on the face of the original warrant the exact time when the warrant was ordered to be issued. (3) The finding of probable cause for a warrant upon oral testimony may be based on the same kind of evidence as is sufficient for a warrant upon affidavit.

(1) If the judicial officer is satisfied that the circumstances are such as to make it reasonable to dispense with a written affidavit and that grounds for the application exist or that there is probable cause to believe that they exist, the judicial officer shall order the issuance of a warrant by directing the person requesting the warrant to sign the judicial officer's name on the duplicate original warrant.

(2) The judicial officer shall immediately sign the original warrant and enter on the face of the original warrant the exact time when the warrant was ordered to be issued.

(3) The finding of probable cause for a warrant upon oral testimony may be based on the same kind of evidence as is sufficient for a warrant upon affidavit.

(d) Recording and Certification of Testimony. (1) When a caller informs the judicial officer that the purpose of the call is to request a warrant, the judicial officer shall immediately place under oath each person whose testimony forms a basis for the application and each person applying for that warrant. (2) (A) If a voice recording device is available, the judicial officer shall record by means of the device all of the call after the caller informs the judicial officer that the purpose of the call is to request a warrant. (B) Otherwise, a stenographic or longhand verbatim record shall be made immediately. (C) If a voice recording device is used or a stenographic record made, the judicial officer shall have the record transcribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court. (D) If a longhand verbatim record is made, the judicial officer shall file a signed copy with the court.

(1) When a caller informs the judicial officer that the purpose of the call is to request a warrant, the judicial officer shall immediately place under oath each person whose testimony forms a basis for the application and each person applying for that warrant.

(2) (A) If a voice recording device is available, the judicial officer shall record by means of the device all of the call after the caller informs the judicial officer that the purpose of the call is to request a warrant. (B) Otherwise, a stenographic or longhand verbatim record shall be made immediately. (C) If a voice recording device is used or a stenographic record made, the judicial officer shall have the record transcribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court. (D) If a longhand verbatim record is made, the judicial officer shall file a signed copy with the court.

(A) If a voice recording device is available, the judicial officer shall record by means of the device all of the call after the caller informs the judicial officer that the purpose of the call is to request a warrant.

(B) Otherwise, a stenographic or longhand verbatim record shall be made immediately.

(C) If a voice recording device is used or a stenographic record made, the judicial officer shall have the record transcribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court.

(D) If a longhand verbatim record is made, the judicial officer shall file a signed copy with the court.

(e) Contents. The contents of a warrant upon oral testimony shall be the same as the contents of a warrant upon affidavit.

(f) Additional Rule of Execution. The person who executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant.

(g) Motion to Suppress Precluded. Absent a finding of bad faith, evidence obtained pursuant to a warrant issued under this section is not subject to a motion to suppress on the ground that the circumstances were not such as to make it reasonable to dispense with a written affidavit.

Rev. Stat., ch. 45, § 15; C. & M. Dig., § 2890; Pope's Dig., § 3706; Acts 1971, No. 123, §§ 1, 2; A.S.A. 1947, §§ 43-201, 43-205; Acts 1993, No. 961, § 2; Acts 2005, No. 1994, § 439.
Ark. Code Ann. § 16-17-1202 — AR Code / Title 16 / Chapter 17 / Subchapter 12 / Section 16-17-1202
Consolidation of city courts with district courts
Status: in_force

(a) As used in this subchapter, "district court" shall include a department of a district court. (b) (1) Effective January 1, 2012, all city courts shall be consolidated with district courts and continue to exist as departments of district courts unless a city court is abolished by town or city ordinance pursuant to this subchapter. (2) A city court formerly known as the "________ City Court" shall be redesignated as the "________ District Court, ____________ Department". (c) (1) A district court that has a department or departments shall maintain a docket in each department and set court dates for hearing the docket in the town or city in which the department is located, as required by the Arkansas District Courts Accounting Law, § 16-10-201 et seq. (2) By common agreement, a district court and the town or city where the department of the district court is located may provide locations and dates for hearing the docket. (d) (1) (A) A town or city that prior to January 1, 2012, operated a city court that becomes a department of a district court may by ordinance of the town or city in which the department is located abolish the department of district court. (B) A copy of the ordinance abolishing the department of a district court shall be sent to the Administrative Office of the Courts. (2) (A) On and after the effective date of the ordinance abolishing the department of a district court, the nearest district court in the county shall be regarded as a continuation of the department of district court that was abolished. (B) All papers and records pertaining to a department of a district court abolished by ordinance shall be transferred to the appropriate district court, and no suit or prosecution of any kind or nature shall abate because of any change made by this subchapter. (C) Except as modified in accordance with this subchapter, any of the following existing on the effective date of the ordinance abolishing the department of a district court shall continue unaffected: (i) A writ; (ii) An action; (iii) A suit; (iv) A proceeding; (v) Civil liability; (vi) Criminal liability; (vii) A prosecution; (viii) A judgment; (ix) A decree; (x) An order; (xi) A sentence; (xii) A regulation; (xiii) A cause of action; and (xiv) An appeal. (e) No town or city shall have the authority to reinstate a department of district court abolished by ordinance. Acts 2007, No. 663, § 16; 2011, No. 1218, § 10.

(a) As used in this subchapter, "district court" shall include a department of a district court.

(b) (1) Effective January 1, 2012, all city courts shall be consolidated with district courts and continue to exist as departments of district courts unless a city court is abolished by town or city ordinance pursuant to this subchapter. (2) A city court formerly known as the "________ City Court" shall be redesignated as the "________ District Court, ____________ Department".

(1) Effective January 1, 2012, all city courts shall be consolidated with district courts and continue to exist as departments of district courts unless a city court is abolished by town or city ordinance pursuant to this subchapter.

(2) A city court formerly known as the "________ City Court" shall be redesignated as the "________ District Court, ____________ Department".

(c) (1) A district court that has a department or departments shall maintain a docket in each department and set court dates for hearing the docket in the town or city in which the department is located, as required by the Arkansas District Courts Accounting Law, § 16-10-201 et seq. (2) By common agreement, a district court and the town or city where the department of the district court is located may provide locations and dates for hearing the docket.

(1) A district court that has a department or departments shall maintain a docket in each department and set court dates for hearing the docket in the town or city in which the department is located, as required by the Arkansas District Courts Accounting Law, § 16-10-201 et seq.

(2) By common agreement, a district court and the town or city where the department of the district court is located may provide locations and dates for hearing the docket.

(d) (1) (A) A town or city that prior to January 1, 2012, operated a city court that becomes a department of a district court may by ordinance of the town or city in which the department is located abolish the department of district court. (B) A copy of the ordinance abolishing the department of a district court shall be sent to the Administrative Office of the Courts. (2) (A) On and after the effective date of the ordinance abolishing the department of a district court, the nearest district court in the county shall be regarded as a continuation of the department of district court that was abolished. (B) All papers and records pertaining to a department of a district court abolished by ordinance shall be transferred to the appropriate district court, and no suit or prosecution of any kind or nature shall abate because of any change made by this subchapter. (C) Except as modified in accordance with this subchapter, any of the following existing on the effective date of the ordinance abolishing the department of a district court shall continue unaffected: (i) A writ; (ii) An action; (iii) A suit; (iv) A proceeding; (v) Civil liability; (vi) Criminal liability; (vii) A prosecution; (viii) A judgment; (ix) A decree; (x) An order; (xi) A sentence; (xii) A regulation; (xiii) A cause of action; and (xiv) An appeal.

(1) (A) A town or city that prior to January 1, 2012, operated a city court that becomes a department of a district court may by ordinance of the town or city in which the department is located abolish the department of district court. (B) A copy of the ordinance abolishing the department of a district court shall be sent to the Administrative Office of the Courts.

(A) A town or city that prior to January 1, 2012, operated a city court that becomes a department of a district court may by ordinance of the town or city in which the department is located abolish the department of district court.

(B) A copy of the ordinance abolishing the department of a district court shall be sent to the Administrative Office of the Courts.

(2) (A) On and after the effective date of the ordinance abolishing the department of a district court, the nearest district court in the county shall be regarded as a continuation of the department of district court that was abolished. (B) All papers and records pertaining to a department of a district court abolished by ordinance shall be transferred to the appropriate district court, and no suit or prosecution of any kind or nature shall abate because of any change made by this subchapter. (C) Except as modified in accordance with this subchapter, any of the following existing on the effective date of the ordinance abolishing the department of a district court shall continue unaffected: (i) A writ; (ii) An action; (iii) A suit; (iv) A proceeding; (v) Civil liability; (vi) Criminal liability; (vii) A prosecution; (viii) A judgment; (ix) A decree; (x) An order; (xi) A sentence; (xii) A regulation; (xiii) A cause of action; and (xiv) An appeal.

(A) On and after the effective date of the ordinance abolishing the department of a district court, the nearest district court in the county shall be regarded as a continuation of the department of district court that was abolished.

(B) All papers and records pertaining to a department of a district court abolished by ordinance shall be transferred to the appropriate district court, and no suit or prosecution of any kind or nature shall abate because of any change made by this subchapter.

(C) Except as modified in accordance with this subchapter, any of the following existing on the effective date of the ordinance abolishing the department of a district court shall continue unaffected: (i) A writ; (ii) An action; (iii) A suit; (iv) A proceeding; (v) Civil liability; (vi) Criminal liability; (vii) A prosecution; (viii) A judgment; (ix) A decree; (x) An order; (xi) A sentence; (xii) A regulation; (xiii) A cause of action; and (xiv) An appeal.

(i) A writ;

(ii) An action;

(iii) A suit;

(iv) A proceeding;

(v) Civil liability;

(vi) Criminal liability;

(vii) A prosecution;

(viii) A judgment;

(ix) A decree;

(x) An order;

(xi) A sentence;

(xii) A regulation;

(xiii) A cause of action; and

(xiv) An appeal.

(e) No town or city shall have the authority to reinstate a department of district court abolished by ordinance.

Acts 2007, No. 663, § 16; 2011, No. 1218, § 10.
Ark. Code Ann. § 16-13-704 — AR Code / Title 16 / Chapter 13 / Subchapter 7 / Section 16-13-704
Installment payments - Definition
Status: in_force

(a) (1) If the court concludes that the defendant has the ability to pay the fine, but that requiring the defendant to make immediate payment in full would cause a severe and undue hardship for the defendant and the defendant's dependents, the court may authorize payment of the fine by means of installment payments in accordance with this subchapter. (2) (A) When a court authorizes payment of a fine by means of installment payments, it shall issue, without a separate disclosure hearing, an order that the fine be paid in full by a date certain and that in default of payment, the defendant must appear in court to explain the failure to pay. (B) In fixing the date of payment, the court shall issue an order which will complete payment of the fine as promptly as possible without creating a severe and undue hardship for the defendant and the defendant's dependents. (3) When a person is authorized to pay a fine on an installment basis, any court cost assessed under § 9-15-202(d) or § 16-10-305(h) shall be collected from the initial installment payment first. (b) (1) (A) In addition to the fine and any other assessments authorized by this subchapter, an installment fee of five dollars ($5.00) per month shall be assessed on each person who is authorized to pay a fine on an installment basis. (B) This fee shall be collected in full each month in which a defendant makes an installment payment. (C) This fee shall accrue each month that a defendant does not make an installment payment and the fine has not been paid in full. (2) (A) (i) One-half (½) of the installment fee collected in circuit court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration, on a form provided by that office, for deposit into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 . (ii) The other half of the installment fee shall be remitted by the tenth day of each month to the county treasurer to be deposited into a fund entitled the "circuit court automation fund" to be used solely for circuit court-related technology. (B) (i) Expenditures from the circuit court automation fund shall be approved by the administrative circuit judge of each judicial circuit and shall be authorized and paid under the state laws governing the appropriation and payment of county expenditures. (ii) Expenditures may be made for indirect expenses related to implementation of new court-related technology, including overtime pay, personnel or travel expenses, and technology-related supplies. (iii) Funds in each county in a judicial district may be pooled for expenditure pursuant to a circuit-wide technology plan approved by the administrative circuit judge. (3) (A) One-half (½) of the installment fee collected in district court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section, on a form provided by that section, for deposit into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 . (B) The other half of the installment fee collected in district court shall be remitted by the tenth day of each month to the city treasurer of the city in which the district court is located to be deposited into a fund entitled the "district court automation fund" to be used solely for district court-related technology. (C) In any district court which is funded solely by the county, the other half of this fee shall be remitted by the tenth day of each month to the county treasurer of the county in which the district court is located to be deposited into the district court automation fund to be used solely for district court-related technology. (D) (i) Expenditures from the district court automation fund shall be approved by a district judge and shall be authorized and paid under state laws governing the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of a district court. (ii) Expenditures may be made for indirect expenses related to implementation of new court-related technology, including overtime pay, personnel or travel expenses, and technology-related supplies. (E) (i) In circuit court only, an installment fee of an additional five dollars ($5.00) per month shall also be assessed on the first day of each month on each person who is ordered to pay a fine on an installment basis with the additional five dollars ($5.00) to be remitted to the collecting official to be used to defray the cost of fine collection. (ii) In district court only, an installment fee of an additional five dollars ($5.00) per month shall also be assessed on the first day of each month on each person who is ordered to pay a fine on an installment basis with the additional five dollars ($5.00) to be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by that section for deposit into the State Administration of Justice Fund. (c) Any defendant who has been authorized by the court to pay a fine by installments shall be considered to have irrevocably appointed the clerk of the court as his or her agent upon whom all papers affecting his or her liability may be served, and the clerk shall forthwith notify the defendant thereof by ordinary mail at his or her last known address. (d) "Ability to pay" means that the resources of the defendant, including all available income and resources, are sufficient to pay the fine and provide the defendant and his or her dependents with a reasonable subsistence compatible with health and decency. Amended by Act 2017, No. 583,§ 4, eff. 8/1/2017. Amended by Act 2013, No. 282,§ 9, eff. 3/6/2013. Acts 1995, No. 1262, § 3; 2001, No. 1809, § 13; 2003, No. 1185, § 94; 2003, No. 1765, § 10; 2005, No. 1934, § 7; 2007, No. 663, § 32; 2011, No. 1138, §§ 1, 2; 2011, No. 1218, § 2.

(a) (1) If the court concludes that the defendant has the ability to pay the fine, but that requiring the defendant to make immediate payment in full would cause a severe and undue hardship for the defendant and the defendant's dependents, the court may authorize payment of the fine by means of installment payments in accordance with this subchapter. (2) (A) When a court authorizes payment of a fine by means of installment payments, it shall issue, without a separate disclosure hearing, an order that the fine be paid in full by a date certain and that in default of payment, the defendant must appear in court to explain the failure to pay. (B) In fixing the date of payment, the court shall issue an order which will complete payment of the fine as promptly as possible without creating a severe and undue hardship for the defendant and the defendant's dependents. (3) When a person is authorized to pay a fine on an installment basis, any court cost assessed under § 9-15-202(d) or § 16-10-305(h) shall be collected from the initial installment payment first.

(1) If the court concludes that the defendant has the ability to pay the fine, but that requiring the defendant to make immediate payment in full would cause a severe and undue hardship for the defendant and the defendant's dependents, the court may authorize payment of the fine by means of installment payments in accordance with this subchapter.

(2) (A) When a court authorizes payment of a fine by means of installment payments, it shall issue, without a separate disclosure hearing, an order that the fine be paid in full by a date certain and that in default of payment, the defendant must appear in court to explain the failure to pay. (B) In fixing the date of payment, the court shall issue an order which will complete payment of the fine as promptly as possible without creating a severe and undue hardship for the defendant and the defendant's dependents.

(A) When a court authorizes payment of a fine by means of installment payments, it shall issue, without a separate disclosure hearing, an order that the fine be paid in full by a date certain and that in default of payment, the defendant must appear in court to explain the failure to pay.

(B) In fixing the date of payment, the court shall issue an order which will complete payment of the fine as promptly as possible without creating a severe and undue hardship for the defendant and the defendant's dependents.

(3) When a person is authorized to pay a fine on an installment basis, any court cost assessed under § 9-15-202(d) or § 16-10-305(h) shall be collected from the initial installment payment first.

(b) (1) (A) In addition to the fine and any other assessments authorized by this subchapter, an installment fee of five dollars ($5.00) per month shall be assessed on each person who is authorized to pay a fine on an installment basis. (B) This fee shall be collected in full each month in which a defendant makes an installment payment. (C) This fee shall accrue each month that a defendant does not make an installment payment and the fine has not been paid in full. (2) (A) (i) One-half (½) of the installment fee collected in circuit court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration, on a form provided by that office, for deposit into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 . (ii) The other half of the installment fee shall be remitted by the tenth day of each month to the county treasurer to be deposited into a fund entitled the "circuit court automation fund" to be used solely for circuit court-related technology. (B) (i) Expenditures from the circuit court automation fund shall be approved by the administrative circuit judge of each judicial circuit and shall be authorized and paid under the state laws governing the appropriation and payment of county expenditures. (ii) Expenditures may be made for indirect expenses related to implementation of new court-related technology, including overtime pay, personnel or travel expenses, and technology-related supplies. (iii) Funds in each county in a judicial district may be pooled for expenditure pursuant to a circuit-wide technology plan approved by the administrative circuit judge. (3) (A) One-half (½) of the installment fee collected in district court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section, on a form provided by that section, for deposit into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 . (B) The other half of the installment fee collected in district court shall be remitted by the tenth day of each month to the city treasurer of the city in which the district court is located to be deposited into a fund entitled the "district court automation fund" to be used solely for district court-related technology. (C) In any district court which is funded solely by the county, the other half of this fee shall be remitted by the tenth day of each month to the county treasurer of the county in which the district court is located to be deposited into the district court automation fund to be used solely for district court-related technology. (D) (i) Expenditures from the district court automation fund shall be approved by a district judge and shall be authorized and paid under state laws governing the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of a district court. (ii) Expenditures may be made for indirect expenses related to implementation of new court-related technology, including overtime pay, personnel or travel expenses, and technology-related supplies. (E) (i) In circuit court only, an installment fee of an additional five dollars ($5.00) per month shall also be assessed on the first day of each month on each person who is ordered to pay a fine on an installment basis with the additional five dollars ($5.00) to be remitted to the collecting official to be used to defray the cost of fine collection. (ii) In district court only, an installment fee of an additional five dollars ($5.00) per month shall also be assessed on the first day of each month on each person who is ordered to pay a fine on an installment basis with the additional five dollars ($5.00) to be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by that section for deposit into the State Administration of Justice Fund.

(1) (A) In addition to the fine and any other assessments authorized by this subchapter, an installment fee of five dollars ($5.00) per month shall be assessed on each person who is authorized to pay a fine on an installment basis. (B) This fee shall be collected in full each month in which a defendant makes an installment payment. (C) This fee shall accrue each month that a defendant does not make an installment payment and the fine has not been paid in full.

(A) In addition to the fine and any other assessments authorized by this subchapter, an installment fee of five dollars ($5.00) per month shall be assessed on each person who is authorized to pay a fine on an installment basis.

(B) This fee shall be collected in full each month in which a defendant makes an installment payment.

(C) This fee shall accrue each month that a defendant does not make an installment payment and the fine has not been paid in full.

(2) (A) (i) One-half (½) of the installment fee collected in circuit court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration, on a form provided by that office, for deposit into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 . (ii) The other half of the installment fee shall be remitted by the tenth day of each month to the county treasurer to be deposited into a fund entitled the "circuit court automation fund" to be used solely for circuit court-related technology. (B) (i) Expenditures from the circuit court automation fund shall be approved by the administrative circuit judge of each judicial circuit and shall be authorized and paid under the state laws governing the appropriation and payment of county expenditures. (ii) Expenditures may be made for indirect expenses related to implementation of new court-related technology, including overtime pay, personnel or travel expenses, and technology-related supplies. (iii) Funds in each county in a judicial district may be pooled for expenditure pursuant to a circuit-wide technology plan approved by the administrative circuit judge.

(A) (i) One-half (½) of the installment fee collected in circuit court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration, on a form provided by that office, for deposit into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 . (ii) The other half of the installment fee shall be remitted by the tenth day of each month to the county treasurer to be deposited into a fund entitled the "circuit court automation fund" to be used solely for circuit court-related technology.

(i) One-half (½) of the installment fee collected in circuit court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration, on a form provided by that office, for deposit into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 .

(ii) The other half of the installment fee shall be remitted by the tenth day of each month to the county treasurer to be deposited into a fund entitled the "circuit court automation fund" to be used solely for circuit court-related technology.

(B) (i) Expenditures from the circuit court automation fund shall be approved by the administrative circuit judge of each judicial circuit and shall be authorized and paid under the state laws governing the appropriation and payment of county expenditures. (ii) Expenditures may be made for indirect expenses related to implementation of new court-related technology, including overtime pay, personnel or travel expenses, and technology-related supplies. (iii) Funds in each county in a judicial district may be pooled for expenditure pursuant to a circuit-wide technology plan approved by the administrative circuit judge.

(i) Expenditures from the circuit court automation fund shall be approved by the administrative circuit judge of each judicial circuit and shall be authorized and paid under the state laws governing the appropriation and payment of county expenditures.

(ii) Expenditures may be made for indirect expenses related to implementation of new court-related technology, including overtime pay, personnel or travel expenses, and technology-related supplies.

(iii) Funds in each county in a judicial district may be pooled for expenditure pursuant to a circuit-wide technology plan approved by the administrative circuit judge.

(3) (A) One-half (½) of the installment fee collected in district court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section, on a form provided by that section, for deposit into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 . (B) The other half of the installment fee collected in district court shall be remitted by the tenth day of each month to the city treasurer of the city in which the district court is located to be deposited into a fund entitled the "district court automation fund" to be used solely for district court-related technology. (C) In any district court which is funded solely by the county, the other half of this fee shall be remitted by the tenth day of each month to the county treasurer of the county in which the district court is located to be deposited into the district court automation fund to be used solely for district court-related technology. (D) (i) Expenditures from the district court automation fund shall be approved by a district judge and shall be authorized and paid under state laws governing the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of a district court. (ii) Expenditures may be made for indirect expenses related to implementation of new court-related technology, including overtime pay, personnel or travel expenses, and technology-related supplies. (E) (i) In circuit court only, an installment fee of an additional five dollars ($5.00) per month shall also be assessed on the first day of each month on each person who is ordered to pay a fine on an installment basis with the additional five dollars ($5.00) to be remitted to the collecting official to be used to defray the cost of fine collection. (ii) In district court only, an installment fee of an additional five dollars ($5.00) per month shall also be assessed on the first day of each month on each person who is ordered to pay a fine on an installment basis with the additional five dollars ($5.00) to be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by that section for deposit into the State Administration of Justice Fund.

(A) One-half (½) of the installment fee collected in district court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section, on a form provided by that section, for deposit into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 .

(B) The other half of the installment fee collected in district court shall be remitted by the tenth day of each month to the city treasurer of the city in which the district court is located to be deposited into a fund entitled the "district court automation fund" to be used solely for district court-related technology.

(C) In any district court which is funded solely by the county, the other half of this fee shall be remitted by the tenth day of each month to the county treasurer of the county in which the district court is located to be deposited into the district court automation fund to be used solely for district court-related technology.

(D) (i) Expenditures from the district court automation fund shall be approved by a district judge and shall be authorized and paid under state laws governing the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of a district court. (ii) Expenditures may be made for indirect expenses related to implementation of new court-related technology, including overtime pay, personnel or travel expenses, and technology-related supplies.

(i) Expenditures from the district court automation fund shall be approved by a district judge and shall be authorized and paid under state laws governing the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of a district court.

(ii) Expenditures may be made for indirect expenses related to implementation of new court-related technology, including overtime pay, personnel or travel expenses, and technology-related supplies.

(E) (i) In circuit court only, an installment fee of an additional five dollars ($5.00) per month shall also be assessed on the first day of each month on each person who is ordered to pay a fine on an installment basis with the additional five dollars ($5.00) to be remitted to the collecting official to be used to defray the cost of fine collection. (ii) In district court only, an installment fee of an additional five dollars ($5.00) per month shall also be assessed on the first day of each month on each person who is ordered to pay a fine on an installment basis with the additional five dollars ($5.00) to be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by that section for deposit into the State Administration of Justice Fund.

(i) In circuit court only, an installment fee of an additional five dollars ($5.00) per month shall also be assessed on the first day of each month on each person who is ordered to pay a fine on an installment basis with the additional five dollars ($5.00) to be remitted to the collecting official to be used to defray the cost of fine collection.

(ii) In district court only, an installment fee of an additional five dollars ($5.00) per month shall also be assessed on the first day of each month on each person who is ordered to pay a fine on an installment basis with the additional five dollars ($5.00) to be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by that section for deposit into the State Administration of Justice Fund.

(c) Any defendant who has been authorized by the court to pay a fine by installments shall be considered to have irrevocably appointed the clerk of the court as his or her agent upon whom all papers affecting his or her liability may be served, and the clerk shall forthwith notify the defendant thereof by ordinary mail at his or her last known address.

(d) "Ability to pay" means that the resources of the defendant, including all available income and resources, are sufficient to pay the fine and provide the defendant and his or her dependents with a reasonable subsistence compatible with health and decency.

Amended by Act 2017, No. 583,§ 4, eff. 8/1/2017.

Amended by Act 2013, No. 282,§ 9, eff. 3/6/2013.

Acts 1995, No. 1262, § 3; 2001, No. 1809, § 13; 2003, No. 1185, § 94; 2003, No. 1765, § 10; 2005, No. 1934, § 7; 2007, No. 663, § 32; 2011, No. 1138, §§ 1, 2; 2011, No. 1218, § 2.
Ark. Code Ann. § 16-87-204 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-204
Executive director
Status: in_force

(a) (1) The commission shall appoint an executive director who shall be licensed to practice law in the State of Arkansas, licensed to practice law for at least four (4) years prior to the effective date of the appointment, and experienced in the practice of criminal law, including the defense of capital cases. (2) The commission may remove the executive director only for just cause, which includes permanent physical or mental disability which seriously interferes with the performance of duties, willful misconduct in office, willful and persistent failure to perform the duties of public defender, habitual intemperance, or conduct prejudicial to the administration of justice. (b) The executive director shall have the following powers and duties: (1) To supervise the operations of the Capital, Conflicts, and Appellate Office, and the Trial Public Defender Office; (2) To maintain records of the operation of the public defender system, including, but not limited to, the following: (A) Detailed descriptions of the organization of each public defender's office; (B) The caseload of each public defender's office, including cases assigned to private attorneys; (C) Budgets and actual expenditures of the commission and each public defender's office; (D) Reassignment of cases from one (1) public defender to another public defender in an adjacent area; and (E) Assignment of cases to private attorneys; (3) To present to the commission within ninety (90) days after the end of the fiscal year an annual report on the operation of the public defender system which shall include: (A) An accounting of all funds received and disbursed; (B) An evaluation of the cost-effectiveness of the public defender system; and (C) Recommendations for improvement; (4) To prepare a budget for the operations of the commission; (5) To allocate and disburse funds appropriated for the operations of the commission and the public defender system pursuant to guidelines established by the commission; (6) To allocate public defender, investigator, and secretary positions to the office of the public defender in each county or judicial district, based upon a formula established by the commission; (7) To establish procedures for evaluating the performance of public defenders and private attorneys participating in the public defender system, pursuant to policies and standards developed by the commission; (8) To appear before and provide assistance to the General Assembly and other relevant bodies regarding matters related to the public defender system; (9) To convene conferences and training seminars related to the public defender system; (10) To compile and disseminate statutes, court opinions, and other information to public defenders and private attorneys participating in the public defender system; (11) To maintain a brief bank for use in connection with appeals; (12) To perform other duties related to the administration of the public defender system as the commission may direct; and (13) (A) To supervise the operation of the Juvenile Ombudsman Division of the Arkansas Public Defender Commission; and (B) To maintain records of such operation, including, but not limited to: (i) The preparation of a budget and record of actual expenditures; (ii) The assignment of cases and caseload of each ombudsman; (iii) An evaluation of the performance of each ombudsman; and (iv) A detailed description of the organization of each office of the division. Acts 1993, No. 1193, § 12; 1997, No. 788, § 19; No. 1341, § 19; 1999, No. 1580, § 9.

(a) (1) The commission shall appoint an executive director who shall be licensed to practice law in the State of Arkansas, licensed to practice law for at least four (4) years prior to the effective date of the appointment, and experienced in the practice of criminal law, including the defense of capital cases. (2) The commission may remove the executive director only for just cause, which includes permanent physical or mental disability which seriously interferes with the performance of duties, willful misconduct in office, willful and persistent failure to perform the duties of public defender, habitual intemperance, or conduct prejudicial to the administration of justice.

(1) The commission shall appoint an executive director who shall be licensed to practice law in the State of Arkansas, licensed to practice law for at least four (4) years prior to the effective date of the appointment, and experienced in the practice of criminal law, including the defense of capital cases.

(2) The commission may remove the executive director only for just cause, which includes permanent physical or mental disability which seriously interferes with the performance of duties, willful misconduct in office, willful and persistent failure to perform the duties of public defender, habitual intemperance, or conduct prejudicial to the administration of justice.

(b) The executive director shall have the following powers and duties: (1) To supervise the operations of the Capital, Conflicts, and Appellate Office, and the Trial Public Defender Office; (2) To maintain records of the operation of the public defender system, including, but not limited to, the following: (A) Detailed descriptions of the organization of each public defender's office; (B) The caseload of each public defender's office, including cases assigned to private attorneys; (C) Budgets and actual expenditures of the commission and each public defender's office; (D) Reassignment of cases from one (1) public defender to another public defender in an adjacent area; and (E) Assignment of cases to private attorneys; (3) To present to the commission within ninety (90) days after the end of the fiscal year an annual report on the operation of the public defender system which shall include: (A) An accounting of all funds received and disbursed; (B) An evaluation of the cost-effectiveness of the public defender system; and (C) Recommendations for improvement; (4) To prepare a budget for the operations of the commission; (5) To allocate and disburse funds appropriated for the operations of the commission and the public defender system pursuant to guidelines established by the commission; (6) To allocate public defender, investigator, and secretary positions to the office of the public defender in each county or judicial district, based upon a formula established by the commission; (7) To establish procedures for evaluating the performance of public defenders and private attorneys participating in the public defender system, pursuant to policies and standards developed by the commission; (8) To appear before and provide assistance to the General Assembly and other relevant bodies regarding matters related to the public defender system; (9) To convene conferences and training seminars related to the public defender system; (10) To compile and disseminate statutes, court opinions, and other information to public defenders and private attorneys participating in the public defender system; (11) To maintain a brief bank for use in connection with appeals; (12) To perform other duties related to the administration of the public defender system as the commission may direct; and (13) (A) To supervise the operation of the Juvenile Ombudsman Division of the Arkansas Public Defender Commission; and (B) To maintain records of such operation, including, but not limited to: (i) The preparation of a budget and record of actual expenditures; (ii) The assignment of cases and caseload of each ombudsman; (iii) An evaluation of the performance of each ombudsman; and (iv) A detailed description of the organization of each office of the division.

(1) To supervise the operations of the Capital, Conflicts, and Appellate Office, and the Trial Public Defender Office;

(2) To maintain records of the operation of the public defender system, including, but not limited to, the following: (A) Detailed descriptions of the organization of each public defender's office; (B) The caseload of each public defender's office, including cases assigned to private attorneys; (C) Budgets and actual expenditures of the commission and each public defender's office; (D) Reassignment of cases from one (1) public defender to another public defender in an adjacent area; and (E) Assignment of cases to private attorneys;

(A) Detailed descriptions of the organization of each public defender's office;

(B) The caseload of each public defender's office, including cases assigned to private attorneys;

(C) Budgets and actual expenditures of the commission and each public defender's office;

(D) Reassignment of cases from one (1) public defender to another public defender in an adjacent area; and

(E) Assignment of cases to private attorneys;

(3) To present to the commission within ninety (90) days after the end of the fiscal year an annual report on the operation of the public defender system which shall include: (A) An accounting of all funds received and disbursed; (B) An evaluation of the cost-effectiveness of the public defender system; and (C) Recommendations for improvement;

(A) An accounting of all funds received and disbursed;

(B) An evaluation of the cost-effectiveness of the public defender system; and

(C) Recommendations for improvement;

(4) To prepare a budget for the operations of the commission;

(5) To allocate and disburse funds appropriated for the operations of the commission and the public defender system pursuant to guidelines established by the commission;

(6) To allocate public defender, investigator, and secretary positions to the office of the public defender in each county or judicial district, based upon a formula established by the commission;

(7) To establish procedures for evaluating the performance of public defenders and private attorneys participating in the public defender system, pursuant to policies and standards developed by the commission;

(8) To appear before and provide assistance to the General Assembly and other relevant bodies regarding matters related to the public defender system;

(9) To convene conferences and training seminars related to the public defender system;

(10) To compile and disseminate statutes, court opinions, and other information to public defenders and private attorneys participating in the public defender system;

(11) To maintain a brief bank for use in connection with appeals;

(12) To perform other duties related to the administration of the public defender system as the commission may direct; and

(13) (A) To supervise the operation of the Juvenile Ombudsman Division of the Arkansas Public Defender Commission; and (B) To maintain records of such operation, including, but not limited to: (i) The preparation of a budget and record of actual expenditures; (ii) The assignment of cases and caseload of each ombudsman; (iii) An evaluation of the performance of each ombudsman; and (iv) A detailed description of the organization of each office of the division.

(A) To supervise the operation of the Juvenile Ombudsman Division of the Arkansas Public Defender Commission; and

(B) To maintain records of such operation, including, but not limited to: (i) The preparation of a budget and record of actual expenditures; (ii) The assignment of cases and caseload of each ombudsman; (iii) An evaluation of the performance of each ombudsman; and (iv) A detailed description of the organization of each office of the division.

(i) The preparation of a budget and record of actual expenditures;

(ii) The assignment of cases and caseload of each ombudsman;

(iii) An evaluation of the performance of each ombudsman; and

(iv) A detailed description of the organization of each office of the division.

Acts 1993, No. 1193, § 12; 1997, No. 788, § 19; No. 1341, § 19; 1999, No. 1580, § 9.
Ark. Code Ann. § 16-93-715 — AR Code / Title 16 / Chapter 93 / Subchapter 7 / Section 16-93-715
Revocation - Technical conditions violations and serious conditions violations
Status: in_force

(a) (1) If a parolee is subject to a parole revocation hearing under this subchapter for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement for the following periods, subject to subdivision (a)(2)(A) of this section, before being released and returned to parole supervision: (A) Up to sixty (60) days' confinement for a technical conditions violation; and (B) One hundred twenty (120) days' confinement for a serious conditions violation. (2) (A) A period of confinement under subdivision (a)(1) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion. (B) A period of confinement shall not be reduced under subdivision (a)(2)(A) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served. (3) Any time in custody for which the person is held before a period of confinement is ordered to be served under subdivision (a)(1) of this section shall not be credited to the overall period of confinement ordered under subdivision (a)(1) of this section. (b) (1) Except as provided for in subdivision (b)(2) of this section, if a parolee is subject to a revocation hearing under this subchapter or an administrative parole sanction for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement according to the time periods set out in § 16-93-712(d) and subdivision (a)(1) of this section without having his or her parole revoked. (2) (A) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole if the parolee has been confined six (6) times under § 16-93-712(d) . (B) After a parolee has been confined two (2) times under subdivision (a)(1) of this section for any combination of a technical conditions violation or serious conditions violation for any period of time, the parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole. (C) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction under this section without having been sanctioned for a period of confinement set out under § 16-93-712(d) or subdivision (a)(1) of this section if the Post-Prison Transfer Board determines by a preponderance of the evidence that the parolee is engaging in or has engaged in behavior that poses a threat to the community. (c) The location of the appropriate confining facility in which a parolee serves a period of confinement under this section shall be determined by the Board of Corrections. (d) A period of confinement that a parolee serves as a result of being arrested for a parole violation but before being administratively sanctioned shall not count as a period of confinement for the purposes of the aggregate number of periods of confinement under this section. (e) Noncompliance with Division of Correction or Division of Community Correction program requirements or violent or sexual behavior while confined for a technical conditions violation or serious conditions violation under this section may result in revocation of the parolee's parole for a period of time exceeding the limitations of subdivision (a)(1) of this section, up to and including the time remaining on the person's original sentence. Amended by Act 2023, No. 659,§ 221, eff. 1/1/2024. Amended by Act 2021, No. 327,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 935, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 934, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 933, eff. 7/1/2019. Added by Act 2017, No. 423,§ 23, eff. 10/1/2017.

(a) (1) If a parolee is subject to a parole revocation hearing under this subchapter for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement for the following periods, subject to subdivision (a)(2)(A) of this section, before being released and returned to parole supervision: (A) Up to sixty (60) days' confinement for a technical conditions violation; and (B) One hundred twenty (120) days' confinement for a serious conditions violation. (2) (A) A period of confinement under subdivision (a)(1) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion. (B) A period of confinement shall not be reduced under subdivision (a)(2)(A) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served. (3) Any time in custody for which the person is held before a period of confinement is ordered to be served under subdivision (a)(1) of this section shall not be credited to the overall period of confinement ordered under subdivision (a)(1) of this section.

(1) If a parolee is subject to a parole revocation hearing under this subchapter for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement for the following periods, subject to subdivision (a)(2)(A) of this section, before being released and returned to parole supervision: (A) Up to sixty (60) days' confinement for a technical conditions violation; and (B) One hundred twenty (120) days' confinement for a serious conditions violation.

(A) Up to sixty (60) days' confinement for a technical conditions violation; and

(B) One hundred twenty (120) days' confinement for a serious conditions violation.

(2) (A) A period of confinement under subdivision (a)(1) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion. (B) A period of confinement shall not be reduced under subdivision (a)(2)(A) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served.

(A) A period of confinement under subdivision (a)(1) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion.

(B) A period of confinement shall not be reduced under subdivision (a)(2)(A) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served.

(3) Any time in custody for which the person is held before a period of confinement is ordered to be served under subdivision (a)(1) of this section shall not be credited to the overall period of confinement ordered under subdivision (a)(1) of this section.

(b) (1) Except as provided for in subdivision (b)(2) of this section, if a parolee is subject to a revocation hearing under this subchapter or an administrative parole sanction for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement according to the time periods set out in § 16-93-712(d) and subdivision (a)(1) of this section without having his or her parole revoked. (2) (A) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole if the parolee has been confined six (6) times under § 16-93-712(d) . (B) After a parolee has been confined two (2) times under subdivision (a)(1) of this section for any combination of a technical conditions violation or serious conditions violation for any period of time, the parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole. (C) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction under this section without having been sanctioned for a period of confinement set out under § 16-93-712(d) or subdivision (a)(1) of this section if the Post-Prison Transfer Board determines by a preponderance of the evidence that the parolee is engaging in or has engaged in behavior that poses a threat to the community.

(1) Except as provided for in subdivision (b)(2) of this section, if a parolee is subject to a revocation hearing under this subchapter or an administrative parole sanction for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement according to the time periods set out in § 16-93-712(d) and subdivision (a)(1) of this section without having his or her parole revoked.

(2) (A) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole if the parolee has been confined six (6) times under § 16-93-712(d) . (B) After a parolee has been confined two (2) times under subdivision (a)(1) of this section for any combination of a technical conditions violation or serious conditions violation for any period of time, the parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole. (C) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction under this section without having been sanctioned for a period of confinement set out under § 16-93-712(d) or subdivision (a)(1) of this section if the Post-Prison Transfer Board determines by a preponderance of the evidence that the parolee is engaging in or has engaged in behavior that poses a threat to the community.

(A) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole if the parolee has been confined six (6) times under § 16-93-712(d) .

(B) After a parolee has been confined two (2) times under subdivision (a)(1) of this section for any combination of a technical conditions violation or serious conditions violation for any period of time, the parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole.

(C) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction under this section without having been sanctioned for a period of confinement set out under § 16-93-712(d) or subdivision (a)(1) of this section if the Post-Prison Transfer Board determines by a preponderance of the evidence that the parolee is engaging in or has engaged in behavior that poses a threat to the community.

(c) The location of the appropriate confining facility in which a parolee serves a period of confinement under this section shall be determined by the Board of Corrections.

(d) A period of confinement that a parolee serves as a result of being arrested for a parole violation but before being administratively sanctioned shall not count as a period of confinement for the purposes of the aggregate number of periods of confinement under this section.

(e) Noncompliance with Division of Correction or Division of Community Correction program requirements or violent or sexual behavior while confined for a technical conditions violation or serious conditions violation under this section may result in revocation of the parolee's parole for a period of time exceeding the limitations of subdivision (a)(1) of this section, up to and including the time remaining on the person's original sentence.

Amended by Act 2023, No. 659,§ 221, eff. 1/1/2024.

Amended by Act 2021, No. 327,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 935, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 934, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 933, eff. 7/1/2019.

Added by Act 2017, No. 423,§ 23, eff. 10/1/2017.
Ark. Code Ann. § 16-117-207 — AR Code / Title 16 / Chapter 117 / Subchapter 2 / Section 16-117-207
Receivers pendente lite generally
Status: in_force

(a) In an action by a vendor to vacate a fraudulent purchase of property, by a creditor to subject any property or fund to his or her claim, or between partners or others jointly owning or interested in any property or fund, on the application of plaintiff or of any party whose right to or interest in the property or fund or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured, the court may appoint a receiver to take charge thereof during the pendency of the action, and may order and coerce the delivery of the property to him or her. (b) No party or attorney, or person interested in an action, shall be appointed receiver therein. (c) Before entering upon his or her duties, the receiver must be sworn to perform them faithfully. With one (1) or more sureties approved by the court, he or she shall execute a bond to the person and in such sum as the court shall direct, to the effect that he or she will faithfully discharge the duties of receiver in the action, and obey the orders of the court therein. (d) The receiver has, under the control of the court, power to bring and defend actions, to take and keep possession of the property, to receive rents, collect debts, and generally do such acts respecting the property as the court may authorize. Civil Code, §§ 323, 325-327; C. & M. Dig., §§ 8611, 8613-8615; Pope's Dig., §§ 11189, 11191-11193; A.S.A. 1947, §§ 36-112, 36-114 -- 36-116.

(a) In an action by a vendor to vacate a fraudulent purchase of property, by a creditor to subject any property or fund to his or her claim, or between partners or others jointly owning or interested in any property or fund, on the application of plaintiff or of any party whose right to or interest in the property or fund or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured, the court may appoint a receiver to take charge thereof during the pendency of the action, and may order and coerce the delivery of the property to him or her.

(b) No party or attorney, or person interested in an action, shall be appointed receiver therein.

(c) Before entering upon his or her duties, the receiver must be sworn to perform them faithfully. With one (1) or more sureties approved by the court, he or she shall execute a bond to the person and in such sum as the court shall direct, to the effect that he or she will faithfully discharge the duties of receiver in the action, and obey the orders of the court therein.

(d) The receiver has, under the control of the court, power to bring and defend actions, to take and keep possession of the property, to receive rents, collect debts, and generally do such acts respecting the property as the court may authorize.

Civil Code, §§ 323, 325-327; C. & M. Dig., §§ 8611, 8613-8615; Pope's Dig., §§ 11189, 11191-11193; A.S.A. 1947, §§ 36-112, 36-114 -- 36-116.
Ark. Code Ann. § 16-20-401 — AR Code / Title 16 / Chapter 20 / Subchapter 4 / Section 16-20-401
Duties of clerk generally
Status: in_force

(a) The county clerk shall be clerk of the county court for his or her county, by virtue of his or her office. (b) It shall be his or her duty to attend each regular or special session of the county court, either in person or by deputy, and to keep and preserve in his or her office a complete and correct record of the proceedings of the county court. (c) (1) When a report filed under § 14-86-103 or an affidavit of a district resident containing substantially the same information required under § 14-86-103(b) or § 14-86-103(c) and filed with the county clerk indicates a vacancy in a district board or district commission, the county clerk shall provide a written notice of the vacancy to: (A) The members of the district board or the district commission; and (B) The county court. (2) A copy of the notice shall be published: (A) In a newspaper of general circulation in the county; and (B) On a county-owned or county-affiliated website, if any. (d) (1) When a report filed under § 14-86-103 or an affidavit of a district resident containing substantially the same information required under § 14-86-103(b) or § 14-86-103(c) and filed with the county clerk indicates a vacancy in a district board or a district commission has not been filled in the interval after the county clerk gave the notices required under subsection (c) of this section, the county clerk shall provide a written notice of the continuing vacancy to: (A) The members of the district board or the district commission; and (B) The county court. (2) A copy of the notice shall be published on a county-owned or county-affiliated website, if any, and in a newspaper of general circulation in the county and shall contain: (A) The time, date, and location of a hearing on the vacancy before the county court; (B) The purpose of the hearing before the county court that requires the landowners in the district to appear; and (C) Notice that the landowners in attendance by majority vote may fill the continuing vacancies in the district board or district commission. Amended by Act 2016EX3, No. 7,§ 2, eff. 5/23/2016. Amended by Act 2016EX3, No. 6,§ 2, eff. 5/23/2016. Acts 1873, No. 31, § 5, p. 53; C. & M. Dig., § 1392; Pope's Dig., § 1653; A.S.A. 1947, § 23-405; Acts 2009, No. 386, § 2.

(a) The county clerk shall be clerk of the county court for his or her county, by virtue of his or her office.

(b) It shall be his or her duty to attend each regular or special session of the county court, either in person or by deputy, and to keep and preserve in his or her office a complete and correct record of the proceedings of the county court.

(c) (1) When a report filed under § 14-86-103 or an affidavit of a district resident containing substantially the same information required under § 14-86-103(b) or § 14-86-103(c) and filed with the county clerk indicates a vacancy in a district board or district commission, the county clerk shall provide a written notice of the vacancy to: (A) The members of the district board or the district commission; and (B) The county court. (2) A copy of the notice shall be published: (A) In a newspaper of general circulation in the county; and (B) On a county-owned or county-affiliated website, if any.

(1) When a report filed under § 14-86-103 or an affidavit of a district resident containing substantially the same information required under § 14-86-103(b) or § 14-86-103(c) and filed with the county clerk indicates a vacancy in a district board or district commission, the county clerk shall provide a written notice of the vacancy to: (A) The members of the district board or the district commission; and (B) The county court.

(A) The members of the district board or the district commission; and

(B) The county court.

(2) A copy of the notice shall be published: (A) In a newspaper of general circulation in the county; and (B) On a county-owned or county-affiliated website, if any.

(A) In a newspaper of general circulation in the county; and

(B) On a county-owned or county-affiliated website, if any.

(d) (1) When a report filed under § 14-86-103 or an affidavit of a district resident containing substantially the same information required under § 14-86-103(b) or § 14-86-103(c) and filed with the county clerk indicates a vacancy in a district board or a district commission has not been filled in the interval after the county clerk gave the notices required under subsection (c) of this section, the county clerk shall provide a written notice of the continuing vacancy to: (A) The members of the district board or the district commission; and (B) The county court. (2) A copy of the notice shall be published on a county-owned or county-affiliated website, if any, and in a newspaper of general circulation in the county and shall contain: (A) The time, date, and location of a hearing on the vacancy before the county court; (B) The purpose of the hearing before the county court that requires the landowners in the district to appear; and (C) Notice that the landowners in attendance by majority vote may fill the continuing vacancies in the district board or district commission.

(1) When a report filed under § 14-86-103 or an affidavit of a district resident containing substantially the same information required under § 14-86-103(b) or § 14-86-103(c) and filed with the county clerk indicates a vacancy in a district board or a district commission has not been filled in the interval after the county clerk gave the notices required under subsection (c) of this section, the county clerk shall provide a written notice of the continuing vacancy to: (A) The members of the district board or the district commission; and (B) The county court.

(A) The members of the district board or the district commission; and

(B) The county court.

(2) A copy of the notice shall be published on a county-owned or county-affiliated website, if any, and in a newspaper of general circulation in the county and shall contain: (A) The time, date, and location of a hearing on the vacancy before the county court; (B) The purpose of the hearing before the county court that requires the landowners in the district to appear; and (C) Notice that the landowners in attendance by majority vote may fill the continuing vacancies in the district board or district commission.

(A) The time, date, and location of a hearing on the vacancy before the county court;

(B) The purpose of the hearing before the county court that requires the landowners in the district to appear; and

(C) Notice that the landowners in attendance by majority vote may fill the continuing vacancies in the district board or district commission.

Amended by Act 2016EX3, No. 7,§ 2, eff. 5/23/2016.

Amended by Act 2016EX3, No. 6,§ 2, eff. 5/23/2016.

Acts 1873, No. 31, § 5, p. 53; C. & M. Dig., § 1392; Pope's Dig., § 1653; A.S.A. 1947, § 23-405; Acts 2009, No. 386, § 2.
Ark. Code Ann. § 16-93-1805 — AR Code / Title 16 / Chapter 93 / Subchapter 18 / Section 16-93-1805
Procedures for release - Generally
Status: in_force

(a) An inmate under sentence for a felony and who is eligible for release may be transferred to post-release supervision under this section and § 16-93-1903 subject to rules promulgated by the Board of Corrections or the Post-Prison Transfer Board and conditions adopted by the Post-Prison Transfer Board. (b) Notwithstanding any minimum serving requirement, upon recommendation of the Director of the Division of Correction, the Post-Prison Transfer Board may consider an inmate for transfer to post-release supervision if: (1) The inmate is at least sixty (60) years of age; and (2) The inmate has served at least one-half (½) of his or her sentence. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) An inmate under sentence for a felony and who is eligible for release may be transferred to post-release supervision under this section and § 16-93-1903 subject to rules promulgated by the Board of Corrections or the Post-Prison Transfer Board and conditions adopted by the Post-Prison Transfer Board.

(b) Notwithstanding any minimum serving requirement, upon recommendation of the Director of the Division of Correction, the Post-Prison Transfer Board may consider an inmate for transfer to post-release supervision if: (1) The inmate is at least sixty (60) years of age; and (2) The inmate has served at least one-half (½) of his or her sentence.

(1) The inmate is at least sixty (60) years of age; and

(2) The inmate has served at least one-half (½) of his or her sentence.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.