Ark. Code Ann. § 16-93-1907 — AR Code / Title 16 / Chapter 93 / Subchapter 19 / Section 16-93-1907
Post-release supervision - Administrative sanctions
Status: in_force

(a) (1) (A) The Division of Community Correction may sanction offenders on post-release supervision administratively without utilizing the revocation process under § 16-93-1908 . (B) An administrative sanction as described in subdivision (a)(1)(A) of this section is an intermediate sanction and is not a revocation of post-release supervision. (2) (A) The Division of Community Correction shall develop an intermediate sanctions procedure and an intermediate sanctions grid to guide a community supervision officer in determining the appropriate response to a violation of the conditions of supervision. (B) Intermediate sanctions administered by the Division of Community Correction shall conform to the intermediate sanctions grid. (C) The intermediate sanctions grid shall include: (i) An assignment of point values to commonly occurring violations of terms of post-release supervision or criminal behavior; (ii) An assignment of point values to behaviors that decrease the likelihood of recidivism including without limitation: (a) Education; (b) Workforce development; (c) Community service; and (d) Behavioral health programming; (iii) Details on the mechanisms by which points are accumulated and reduced; and (iv) Guidance on which intermediate sanctions should be applied at which points thresholds. (3) Intermediate sanctions shall include without limitation: (A) Community service; (B) Increased substance abuse screening and treatment; (C) Increased monitoring, including electronic monitoring and home confinement; and (D) (i) Incarceration in a county or regional jail for no more than seven (7) days or incarceration in a Division of Correction facility or a Division of Community Correction facility for no more than ninety (90) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an offender on post-release supervision. (b) If an offender on post-release supervision accumulates more than thirty (30) days' incarceration in a county or regional jail or more than three hundred sixty (360) days' incarceration in a Division of Correction facility or a Division of Community Correction facility as an intermediate sanction, the community supervision officer shall recommend a revocation of the offender's post-release supervision under § 16-93-1908 . (c) An offender shall not be incarcerated more than two (2) times as a result of an intermediate sanction in a Division of Correction facility during any two-year period. (4) The Division of Community Correction shall: (A) Notify the Post-Prison Transfer Board in writing when an offender has been incarcerated due to an intermediate sanction under this subsection; (B) Include an explanation of the cause for incarceration; and (C) Include the result of the intermediate sanction, if applicable. (b) Any time in custody for which the offender on post-release supervision is held, before a period of incarceration under this section is administered, does not count as a period of incarceration ordered toward the total accumulation of days of incarceration as stated in subsection (a) of this section. (c) A period of incarceration under this section: (1) May be reduced by the Department of Corrections for good behavior and successful program completion; and (2) Shall not be reduced under this section for more than fifty percent (50%) of the total time of incarceration ordered to be served. (d) (1) An offender subject to an intermediate sanction under subsection (a) of this section does not have the right to an attorney at the intermediate sanction hearing. (2) This subsection does not prohibit an offender from conferring with a privately retained attorney during the intermediate sanction process. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) (1) (A) The Division of Community Correction may sanction offenders on post-release supervision administratively without utilizing the revocation process under § 16-93-1908 . (B) An administrative sanction as described in subdivision (a)(1)(A) of this section is an intermediate sanction and is not a revocation of post-release supervision. (2) (A) The Division of Community Correction shall develop an intermediate sanctions procedure and an intermediate sanctions grid to guide a community supervision officer in determining the appropriate response to a violation of the conditions of supervision. (B) Intermediate sanctions administered by the Division of Community Correction shall conform to the intermediate sanctions grid. (C) The intermediate sanctions grid shall include: (i) An assignment of point values to commonly occurring violations of terms of post-release supervision or criminal behavior; (ii) An assignment of point values to behaviors that decrease the likelihood of recidivism including without limitation: (a) Education; (b) Workforce development; (c) Community service; and (d) Behavioral health programming; (iii) Details on the mechanisms by which points are accumulated and reduced; and (iv) Guidance on which intermediate sanctions should be applied at which points thresholds. (3) Intermediate sanctions shall include without limitation: (A) Community service; (B) Increased substance abuse screening and treatment; (C) Increased monitoring, including electronic monitoring and home confinement; and (D) (i) Incarceration in a county or regional jail for no more than seven (7) days or incarceration in a Division of Correction facility or a Division of Community Correction facility for no more than ninety (90) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an offender on post-release supervision. (b) If an offender on post-release supervision accumulates more than thirty (30) days' incarceration in a county or regional jail or more than three hundred sixty (360) days' incarceration in a Division of Correction facility or a Division of Community Correction facility as an intermediate sanction, the community supervision officer shall recommend a revocation of the offender's post-release supervision under § 16-93-1908 . (c) An offender shall not be incarcerated more than two (2) times as a result of an intermediate sanction in a Division of Correction facility during any two-year period. (4) The Division of Community Correction shall: (A) Notify the Post-Prison Transfer Board in writing when an offender has been incarcerated due to an intermediate sanction under this subsection; (B) Include an explanation of the cause for incarceration; and (C) Include the result of the intermediate sanction, if applicable.

(1) (A) The Division of Community Correction may sanction offenders on post-release supervision administratively without utilizing the revocation process under § 16-93-1908 . (B) An administrative sanction as described in subdivision (a)(1)(A) of this section is an intermediate sanction and is not a revocation of post-release supervision.

(A) The Division of Community Correction may sanction offenders on post-release supervision administratively without utilizing the revocation process under § 16-93-1908 .

(B) An administrative sanction as described in subdivision (a)(1)(A) of this section is an intermediate sanction and is not a revocation of post-release supervision.

(2) (A) The Division of Community Correction shall develop an intermediate sanctions procedure and an intermediate sanctions grid to guide a community supervision officer in determining the appropriate response to a violation of the conditions of supervision. (B) Intermediate sanctions administered by the Division of Community Correction shall conform to the intermediate sanctions grid. (C) The intermediate sanctions grid shall include: (i) An assignment of point values to commonly occurring violations of terms of post-release supervision or criminal behavior; (ii) An assignment of point values to behaviors that decrease the likelihood of recidivism including without limitation: (a) Education; (b) Workforce development; (c) Community service; and (d) Behavioral health programming; (iii) Details on the mechanisms by which points are accumulated and reduced; and (iv) Guidance on which intermediate sanctions should be applied at which points thresholds.

(A) The Division of Community Correction shall develop an intermediate sanctions procedure and an intermediate sanctions grid to guide a community supervision officer in determining the appropriate response to a violation of the conditions of supervision.

(B) Intermediate sanctions administered by the Division of Community Correction shall conform to the intermediate sanctions grid.

(C) The intermediate sanctions grid shall include: (i) An assignment of point values to commonly occurring violations of terms of post-release supervision or criminal behavior; (ii) An assignment of point values to behaviors that decrease the likelihood of recidivism including without limitation: (a) Education; (b) Workforce development; (c) Community service; and (d) Behavioral health programming; (iii) Details on the mechanisms by which points are accumulated and reduced; and (iv) Guidance on which intermediate sanctions should be applied at which points thresholds.

(i) An assignment of point values to commonly occurring violations of terms of post-release supervision or criminal behavior;

(ii) An assignment of point values to behaviors that decrease the likelihood of recidivism including without limitation: (a) Education; (b) Workforce development; (c) Community service; and (d) Behavioral health programming;

(a) Education;

(b) Workforce development;

(c) Community service; and

(d) Behavioral health programming;

(iii) Details on the mechanisms by which points are accumulated and reduced; and

(iv) Guidance on which intermediate sanctions should be applied at which points thresholds.

(3) Intermediate sanctions shall include without limitation: (A) Community service; (B) Increased substance abuse screening and treatment; (C) Increased monitoring, including electronic monitoring and home confinement; and (D) (i) Incarceration in a county or regional jail for no more than seven (7) days or incarceration in a Division of Correction facility or a Division of Community Correction facility for no more than ninety (90) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an offender on post-release supervision. (b) If an offender on post-release supervision accumulates more than thirty (30) days' incarceration in a county or regional jail or more than three hundred sixty (360) days' incarceration in a Division of Correction facility or a Division of Community Correction facility as an intermediate sanction, the community supervision officer shall recommend a revocation of the offender's post-release supervision under § 16-93-1908 . (c) An offender shall not be incarcerated more than two (2) times as a result of an intermediate sanction in a Division of Correction facility during any two-year period.

(A) Community service;

(B) Increased substance abuse screening and treatment;

(C) Increased monitoring, including electronic monitoring and home confinement; and

(D) (i) Incarceration in a county or regional jail for no more than seven (7) days or incarceration in a Division of Correction facility or a Division of Community Correction facility for no more than ninety (90) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an offender on post-release supervision. (b) If an offender on post-release supervision accumulates more than thirty (30) days' incarceration in a county or regional jail or more than three hundred sixty (360) days' incarceration in a Division of Correction facility or a Division of Community Correction facility as an intermediate sanction, the community supervision officer shall recommend a revocation of the offender's post-release supervision under § 16-93-1908 . (c) An offender shall not be incarcerated more than two (2) times as a result of an intermediate sanction in a Division of Correction facility during any two-year period.

(i) Incarceration in a county or regional jail for no more than seven (7) days or incarceration in a Division of Correction facility or a Division of Community Correction facility for no more than ninety (90) days.

(ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an offender on post-release supervision. (b) If an offender on post-release supervision accumulates more than thirty (30) days' incarceration in a county or regional jail or more than three hundred sixty (360) days' incarceration in a Division of Correction facility or a Division of Community Correction facility as an intermediate sanction, the community supervision officer shall recommend a revocation of the offender's post-release supervision under § 16-93-1908 . (c) An offender shall not be incarcerated more than two (2) times as a result of an intermediate sanction in a Division of Correction facility during any two-year period.

(a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an offender on post-release supervision.

(b) If an offender on post-release supervision accumulates more than thirty (30) days' incarceration in a county or regional jail or more than three hundred sixty (360) days' incarceration in a Division of Correction facility or a Division of Community Correction facility as an intermediate sanction, the community supervision officer shall recommend a revocation of the offender's post-release supervision under § 16-93-1908 .

(c) An offender shall not be incarcerated more than two (2) times as a result of an intermediate sanction in a Division of Correction facility during any two-year period.

(4) The Division of Community Correction shall: (A) Notify the Post-Prison Transfer Board in writing when an offender has been incarcerated due to an intermediate sanction under this subsection; (B) Include an explanation of the cause for incarceration; and (C) Include the result of the intermediate sanction, if applicable.

(A) Notify the Post-Prison Transfer Board in writing when an offender has been incarcerated due to an intermediate sanction under this subsection;

(B) Include an explanation of the cause for incarceration; and

(C) Include the result of the intermediate sanction, if applicable.

(b) Any time in custody for which the offender on post-release supervision is held, before a period of incarceration under this section is administered, does not count as a period of incarceration ordered toward the total accumulation of days of incarceration as stated in subsection (a) of this section.

(c) A period of incarceration under this section: (1) May be reduced by the Department of Corrections for good behavior and successful program completion; and (2) Shall not be reduced under this section for more than fifty percent (50%) of the total time of incarceration ordered to be served.

(1) May be reduced by the Department of Corrections for good behavior and successful program completion; and

(2) Shall not be reduced under this section for more than fifty percent (50%) of the total time of incarceration ordered to be served.

(d) (1) An offender subject to an intermediate sanction under subsection (a) of this section does not have the right to an attorney at the intermediate sanction hearing. (2) This subsection does not prohibit an offender from conferring with a privately retained attorney during the intermediate sanction process.

(1) An offender subject to an intermediate sanction under subsection (a) of this section does not have the right to an attorney at the intermediate sanction hearing.

(2) This subsection does not prohibit an offender from conferring with a privately retained attorney during the intermediate sanction process.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-90-1104 — AR Code / Title 16 / Chapter 90 / Subchapter 11 / Section 16-90-1104
Nondisclosure of information about victim
Status: in_force

(a) A court may not compel a victim or a member of the victim's family testifying in a criminal justice proceeding to disclose a residential address or place of employment on the record in open court unless the court finds that disclosure of the information is necessary. (b) A law enforcement agency shall not disclose to the public information directly or indirectly identifying the victim of a sex offense except to the extent that disclosure is: (1) Of the site of the sex offense; (2) Required by law; (3) Necessary for law enforcement purposes; or (4) Permitted by the court for good cause. Acts 1997, No. 1262, § 3.

(a) A court may not compel a victim or a member of the victim's family testifying in a criminal justice proceeding to disclose a residential address or place of employment on the record in open court unless the court finds that disclosure of the information is necessary.

(b) A law enforcement agency shall not disclose to the public information directly or indirectly identifying the victim of a sex offense except to the extent that disclosure is: (1) Of the site of the sex offense; (2) Required by law; (3) Necessary for law enforcement purposes; or (4) Permitted by the court for good cause.

(1) Of the site of the sex offense;

(2) Required by law;

(3) Necessary for law enforcement purposes; or

(4) Permitted by the court for good cause.

Acts 1997, No. 1262, § 3.
Ark. Code Ann. § 16-55-112 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-112
Authority to grant provisional remedy
Status: in_force

A provisional remedy as provided in this code may be granted only by the judge of the court in which the action is brought, or by any circuit judge. Civil Code, § 791; Acts 1871, No. 48, § 1 [791], p. 219; 1873, No. 88 [791], p. 213; C. & M. Dig., § 5793; Pope's Dig., § 7509; A.S.A. 1947, § 27-108.

A provisional remedy as provided in this code may be granted only by the judge of the court in which the action is brought, or by any circuit judge.

Civil Code, § 791; Acts 1871, No. 48, § 1 [791], p. 219; 1873, No. 88 [791], p. 213; C. & M. Dig., § 5793; Pope's Dig., § 7509; A.S.A. 1947, § 27-108.
Ark. Code Ann. § 16-7-207 — AR Code / Title 16 / Chapter 7 / Subchapter 2 / Section 16-7-207
Immunity of impartial third parties
Status: in_force

No impartial third party administering or participating in a dispute resolution process shall be held liable for civil damages for any statement or decision made in connection with or arising out of the conduct of a dispute resolution process unless the person acted in a manner exhibiting willful or wanton misconduct. Acts 1993, No. 641, § 7.

No impartial third party administering or participating in a dispute resolution process shall be held liable for civil damages for any statement or decision made in connection with or arising out of the conduct of a dispute resolution process unless the person acted in a manner exhibiting willful or wanton misconduct.

Acts 1993, No. 641, § 7.
Ark. Code Ann. § 16-123-329 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-329
Election of judicial determination
Status: in_force

(a) After a charge has been issued under § 16-123-325 , a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action. (b) The election shall be made no later than the twentieth day after the date of receipt by the electing person of service under § 16-123-325 or, in the case of the Arkansas Fair Housing Commission, not later than the twentieth day after the date the charge was issued. (c) The person making the election shall give notice to the commission and to all other complainants and respondents to whom the charge relates. Acts 2001, No. 1785, § 30.

(a) After a charge has been issued under § 16-123-325 , a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action.

(b) The election shall be made no later than the twentieth day after the date of receipt by the electing person of service under § 16-123-325 or, in the case of the Arkansas Fair Housing Commission, not later than the twentieth day after the date the charge was issued.

(c) The person making the election shall give notice to the commission and to all other complainants and respondents to whom the charge relates.

Acts 2001, No. 1785, § 30.
Ark. Code Ann. § 16-68-404 — AR Code / Title 16 / Chapter 68 / Subchapter 4 / Section 16-68-404
Costs when action unsuccessful against part of several defendants
Status: in_force

When several persons are made defendants to any action of trespass, assault and battery, false imprisonment, detinue, replevin, trover, or ejectment, and one (1) or more of them is acquitted, every person so acquitted shall recover his or her costs in the same manner as if the verdict of acquittal had been in favor of all the defendants, unless it is certified by the court that there was reasonable cause for making the person a defendant to the action. Rev. Stat., ch. 34, § 18; C. & M. Dig., § 1837; Pope's Dig., § 2356; A.S.A. 1947, § 27-2313.

When several persons are made defendants to any action of trespass, assault and battery, false imprisonment, detinue, replevin, trover, or ejectment, and one (1) or more of them is acquitted, every person so acquitted shall recover his or her costs in the same manner as if the verdict of acquittal had been in favor of all the defendants, unless it is certified by the court that there was reasonable cause for making the person a defendant to the action.

Rev. Stat., ch. 34, § 18; C. & M. Dig., § 1837; Pope's Dig., § 2356; A.S.A. 1947, § 27-2313.
Ark. Code Ann. § 16-11-113 — AR Code / Title 16 / Chapter 11 / Subchapter 1 / Section 16-11-113
Expenses of Supreme Court
Status: in_force

(a) All expenditures for fuel, blank books, and stationery accruing in the Supreme Court shall be paid out of the State Treasury from any moneys appropriated for the contingent expenses of the Supreme Court. (b) The Auditor of State shall draw his or her warrant for the amount of the expenditures. The certificate of the court shall be a sufficient voucher. Rev. Stat., ch. 43, §§ 45, 46; C. & M. Dig., §§ 2116, 2117; Pope's Dig., §§ 2720, 2721; A.S.A. 1947, §§ 22-214, 22-215.

(a) All expenditures for fuel, blank books, and stationery accruing in the Supreme Court shall be paid out of the State Treasury from any moneys appropriated for the contingent expenses of the Supreme Court.

(b) The Auditor of State shall draw his or her warrant for the amount of the expenditures. The certificate of the court shall be a sufficient voucher.

Rev. Stat., ch. 43, §§ 45, 46; C. & M. Dig., §§ 2116, 2117; Pope's Dig., §§ 2720, 2721; A.S.A. 1947, §§ 22-214, 22-215.
Ark. Code Ann. § 16-17-1115 — AR Code / Title 16 / Chapter 17 / Subchapter 11 / Section 16-17-1115
Reorganization of local district courts to state district courts as of January 1, 2025
Status: in_force

(a) (1) Beginning January 1, 2025, the following cities and counties, currently being served by a local district court under § 16-17-901 et seq. shall be reorganized as a state district court district and served by state district court judges as assigned. (2) The new state district court judgeships created by this section shall become effective January 1, 2025, and shall be placed on the ballot to be elected in the 2024 nonpartisan judicial election from the newly constructed state district court districts. (3) The cities and counties that were previously served by local district courts and will be served by state district courts shall comply with the cost-sharing requirements established in § 16-17-1106 , effective January 1, 2025. (b) (1) The Thirteenth District is composed of the counties of Stone and Cleburne. (2) The Thirteenth District has five (5) departments as follows: (A) One (1) located in Heber Springs; (B) One (1) located in Greers Ferry; (C) One (1) located in Concord; (D) One (1) located in Quitman; and (E) One (1) located in Mountain View. (3) The Thirteenth District is served by one (1) state district court judge. (4) The Thirteenth District judge is elected districtwide. (5) The Thirteenth District court has districtwide jurisdiction. (c) (1) The Sixteenth Judicial District shall be composed of the counties of Monroe and Arkansas. (2) The Sixteenth Judicial District shall have seven (7) departments as follows: (A) One (1) located in Stuttgart; (B) One (1) located in DeWitt; (C) One (1) located in Gillett; (D) One (1) located in St. Charles; (E) One (1) located in Brinkley; (F) One (1) located in Clarendon; and (G) One (1) located in Holly Grove. (3) (A) The Sixteenth Judicial District shall be served by two (2) state district court judges. (B) One (1) judgeship shall be designated as Division 1 and one (1) judgeship shall be designated as Division 2. (4) The assignment of judges to departments under subdivision (c)(2) of this section shall be determined by the mutual agreement of the state district court judges of the Sixteenth Judicial District. (5) The Sixteenth Judicial District judges shall be elected districtwide. (6) The Sixteenth Judicial District court shall have districtwide jurisdiction. Amended by Act 2023, No. 685,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 685,§ 3, eff. 8/1/2023. Added by Act 2019, No. 868,§ 3, eff. 7/24/2019.

(a) (1) Beginning January 1, 2025, the following cities and counties, currently being served by a local district court under § 16-17-901 et seq. shall be reorganized as a state district court district and served by state district court judges as assigned. (2) The new state district court judgeships created by this section shall become effective January 1, 2025, and shall be placed on the ballot to be elected in the 2024 nonpartisan judicial election from the newly constructed state district court districts. (3) The cities and counties that were previously served by local district courts and will be served by state district courts shall comply with the cost-sharing requirements established in § 16-17-1106 , effective January 1, 2025.

(1) Beginning January 1, 2025, the following cities and counties, currently being served by a local district court under § 16-17-901 et seq. shall be reorganized as a state district court district and served by state district court judges as assigned.

(2) The new state district court judgeships created by this section shall become effective January 1, 2025, and shall be placed on the ballot to be elected in the 2024 nonpartisan judicial election from the newly constructed state district court districts.

(3) The cities and counties that were previously served by local district courts and will be served by state district courts shall comply with the cost-sharing requirements established in § 16-17-1106 , effective January 1, 2025.

(b) (1) The Thirteenth District is composed of the counties of Stone and Cleburne. (2) The Thirteenth District has five (5) departments as follows: (A) One (1) located in Heber Springs; (B) One (1) located in Greers Ferry; (C) One (1) located in Concord; (D) One (1) located in Quitman; and (E) One (1) located in Mountain View. (3) The Thirteenth District is served by one (1) state district court judge. (4) The Thirteenth District judge is elected districtwide. (5) The Thirteenth District court has districtwide jurisdiction.

(1) The Thirteenth District is composed of the counties of Stone and Cleburne.

(2) The Thirteenth District has five (5) departments as follows: (A) One (1) located in Heber Springs; (B) One (1) located in Greers Ferry; (C) One (1) located in Concord; (D) One (1) located in Quitman; and (E) One (1) located in Mountain View.

(A) One (1) located in Heber Springs;

(B) One (1) located in Greers Ferry;

(C) One (1) located in Concord;

(D) One (1) located in Quitman; and

(E) One (1) located in Mountain View.

(3) The Thirteenth District is served by one (1) state district court judge.

(4) The Thirteenth District judge is elected districtwide.

(5) The Thirteenth District court has districtwide jurisdiction.

(c) (1) The Sixteenth Judicial District shall be composed of the counties of Monroe and Arkansas. (2) The Sixteenth Judicial District shall have seven (7) departments as follows: (A) One (1) located in Stuttgart; (B) One (1) located in DeWitt; (C) One (1) located in Gillett; (D) One (1) located in St. Charles; (E) One (1) located in Brinkley; (F) One (1) located in Clarendon; and (G) One (1) located in Holly Grove. (3) (A) The Sixteenth Judicial District shall be served by two (2) state district court judges. (B) One (1) judgeship shall be designated as Division 1 and one (1) judgeship shall be designated as Division 2. (4) The assignment of judges to departments under subdivision (c)(2) of this section shall be determined by the mutual agreement of the state district court judges of the Sixteenth Judicial District. (5) The Sixteenth Judicial District judges shall be elected districtwide. (6) The Sixteenth Judicial District court shall have districtwide jurisdiction.

(1) The Sixteenth Judicial District shall be composed of the counties of Monroe and Arkansas.

(2) The Sixteenth Judicial District shall have seven (7) departments as follows: (A) One (1) located in Stuttgart; (B) One (1) located in DeWitt; (C) One (1) located in Gillett; (D) One (1) located in St. Charles; (E) One (1) located in Brinkley; (F) One (1) located in Clarendon; and (G) One (1) located in Holly Grove.

(A) One (1) located in Stuttgart;

(B) One (1) located in DeWitt;

(C) One (1) located in Gillett;

(D) One (1) located in St. Charles;

(E) One (1) located in Brinkley;

(F) One (1) located in Clarendon; and

(G) One (1) located in Holly Grove.

(3) (A) The Sixteenth Judicial District shall be served by two (2) state district court judges. (B) One (1) judgeship shall be designated as Division 1 and one (1) judgeship shall be designated as Division 2.

(A) The Sixteenth Judicial District shall be served by two (2) state district court judges.

(B) One (1) judgeship shall be designated as Division 1 and one (1) judgeship shall be designated as Division 2.

(4) The assignment of judges to departments under subdivision (c)(2) of this section shall be determined by the mutual agreement of the state district court judges of the Sixteenth Judicial District.

(5) The Sixteenth Judicial District judges shall be elected districtwide.

(6) The Sixteenth Judicial District court shall have districtwide jurisdiction.

Amended by Act 2023, No. 685,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 685,§ 3, eff. 8/1/2023.

Added by Act 2019, No. 868,§ 3, eff. 7/24/2019.
Ark. Code Ann. § 16-117-403 — AR Code / Title 16 / Chapter 117 / Subchapter 4 / Section 16-117-403
Contest of assignment due to fraud
Status: in_force

Any assignment for the benefit of creditors may be contested or attacked for fraud by any creditors. Proof of fraud on the part of the assignor shall be sufficient to invalidate the assignment, whether the assignee knew of it or not. Acts 1887, No. 101, § 1, p. 194; C. & M. Dig., § 488; Pope's Dig., § 525; A.S.A. 1947, § 36-303.

Any assignment for the benefit of creditors may be contested or attacked for fraud by any creditors. Proof of fraud on the part of the assignor shall be sufficient to invalidate the assignment, whether the assignee knew of it or not.

Acts 1887, No. 101, § 1, p. 194; C. & M. Dig., § 488; Pope's Dig., § 525; A.S.A. 1947, § 36-303.
Ark. Code Ann. § 16-93-308 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-308
Probation generally - Revocation - Definition
Status: in_force

(a) (1) At any time before the expiration of a period of suspension of sentence or probation, a court may summon a defendant on probation or who is serving a suspended imposition of sentence to appear before the court or may issue a warrant for the defendant's arrest. (2) The warrant may be executed by any law enforcement officer. (b) (1) At any time before the expiration of a period of suspension of sentence or probation, any law enforcement officer may arrest a defendant on probation or serving a suspended imposition of sentence without a warrant if the law enforcement officer has reasonable cause to believe that the defendant: (A) Has failed to comply with a condition of his or her suspension of sentence or probation; or (B) Is exhibiting behavior that can be construed to be a threat to: (i) Abscond from supervision; or (ii) Not comply with an intermediate sanction under § 16-93-306(d) or § 16-93-309(a)(4) . (2) If a defendant on probation is arrested by a probation officer employed by the Division of Community Correction for a violation of the defendant's probation and taken to a county jail for a reason listed under subdivision (b)(1)(B) of this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement. (c) (1) A defendant arrested for violation of suspension of sentence or probation shall be taken immediately before the court that suspended imposition of sentence or, if the defendant was placed on probation, before the court supervising the probation, or, if the defendant is subject to administrative probation sanction under § 16-93-306(d) , to the appropriate authority in the Division of Community Correction if practicable or, if transport to an appropriate authority of the Division of Community Correction is not practicable, then to the county jail. (2) If a defendant subject to administrative probation sanction is transported to a county jail, then the county shall be reimbursed at the daily prevailing rate for the costs of incarceration. (d) If a court finds by a preponderance of the evidence that the defendant has inexcusably failed to comply with a condition of his or her suspension of sentence or probation, the court may revoke the suspension of sentence or probation at any time prior to the expiration of the period of suspension of sentence or probation. (e) A finding of failure to comply with a condition of suspension of sentence or probation as provided in subsection (d) of this section may be punished as contempt under § 16-10-108 . (f) A court may revoke a suspension of sentence or probation subsequent to the expiration of the period of suspension of sentence or probation if before expiration of the period: (1) The defendant is arrested for violation of suspension of sentence or probation; (2) A warrant is issued for the defendant's arrest for violation of suspension of sentence or probation; (3) A petition to revoke the defendant's suspension of sentence or probation has been filed if a warrant is issued for the defendant's arrest within thirty (30) days of the date of filing the petition; or (4) The defendant has been: (A) Issued a citation in lieu of arrest under Rule 5 of the Arkansas Rules of Criminal Procedure for violation of suspension of sentence or probation; or (B) Served a summons under Rule 6 of the Arkansas Rules of Criminal Procedure for violation of suspension of sentence or probation. (g) (1) (A) If a court revokes a defendant's suspension of sentence or probation, the court may enter a judgment of conviction and may impose any sentence on the defendant that might have been imposed originally for the offense of which he or she was found guilty. (B) However, any sentence to pay a fine or of imprisonment, when combined with any previous fine or imprisonment imposed for the same offense, shall not exceed the limits of § 5-4-201 or § 5-4-401 , or if applicable, § 5-4-501 . (2) (A) As used in this subsection, "any sentence" includes the extension of a period of suspension of sentence or probation. (B) If an extension of suspension of sentence or probation is made upon revocation, the court is not deprived of the ability to revoke the suspension of sentence or probation again if the defendant's conduct again warrants revocation. (h) (1) A court shall not revoke a suspension of sentence or probation because of a person's inability to achieve a high school diploma, high school equivalency diploma approved by the Adult Education Section, or gainful employment. (2) (A) However, the court may revoke a suspension of sentence or probation if the person fails to make a good faith effort to achieve a high school diploma, high school equivalency diploma approved by the Adult Education Section, or gainful employment. (B) As used in this section, "good faith effort" means a person: (i) Has been enrolled in a program of instruction leading to a high school diploma or a high school equivalency diploma approved by the Adult Education Section and is attending a school or an adult education course; or (ii) Is registered for employment and enrolled and participating in an employment-training program with the purpose of obtaining gainful employment. (i) (1) (A) Except as provided for in subdivision (i)(2) of this section, if a defendant on probation is subject to a revocation hearing under this subchapter or an administrative probation sanction for a technical conditions violation or a serious conditions violation, the defendant on probation is subject to confinement according to the time periods set out in § 16-93-306(d) and § 16-93-309(a)(4) without having his or her probation revoked. (B) (i) A defendant on probation is subject to having his or her probation revoked and being sentenced to the Division of Correction or the Division of Community Correction for a subsequent violation of his or her probation if the defendant has been confined six (6) times under § 16-93-306(d) . (ii) After a defendant on probation has been confined two (2) times under either § 16-93-306(d) or § 16-93-309(a)(4) for any combination of a technical conditions violation or serious conditions violation for any period of time, the defendant on probation is subject to having his or her probation revoked and being sentenced to the Division of Correction or the Division of Community Correction for a subsequent violation of his or her probation. (2) (A) A defendant is subject to having his or her probation revoked under this section for a technical conditions violation or a serious conditions violation without having been sanctioned for a period of confinement set out under § 16-93-306(d) or § 16-93-309(a)(4) if upon the filing of a petition in the court with jurisdiction the Division of Community Correction or the prosecuting attorney proves by a preponderance of the evidence that the defendant is engaging in or has engaged in behavior that poses a threat to the community. (B) If a prosecuting attorney alleges a technical conditions violation or a serious conditions violation under subdivision (i)(2)(A) of this section and meets the standard established under subdivision (i)(2)(A) of this section, the court may revoke the defendant's probation and sentence him or her to a period of time exceeding the time periods set out under § 16-93-306(d) or § 16-93-309(a)(4) . (3) A period of confinement that a defendant on probation serves for a probation violation but before being administratively sanctioned or sanctioned by the circuit court shall not count as a period of confinement for the purposes of the aggregate number of periods of confinement under this subsection or under § 16-93-306(d)(3)(E)(ii) (a) , nor shall the number of days of confinement count toward the total accumulation of days of confinement as set forth in § 16-93-306(d)(3)(E)(ii) (b) . (j) To the extent that a participant in a specialty court program is subject to this section, any period of confinement ordered by the specialty court is not subject to the accumulation of sanctions under subsection (i) of this section, nor is a specialty court program bound by the time periods under § 16-93-306(d) or § 16-93-309(a)(4) . Amended by Act 2019, No. 910,§ 903, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 902, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 901, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 900, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 899, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 898, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 897, eff. 7/1/2019. Amended by Act 2017, No. 423,§ 18, eff. 10/1/2017. Amended by Act 2015, No. 1115,§ 25, eff. 7/22/2015. Acts 2011, No. 570, § 90.

(a) (1) At any time before the expiration of a period of suspension of sentence or probation, a court may summon a defendant on probation or who is serving a suspended imposition of sentence to appear before the court or may issue a warrant for the defendant's arrest. (2) The warrant may be executed by any law enforcement officer.

(1) At any time before the expiration of a period of suspension of sentence or probation, a court may summon a defendant on probation or who is serving a suspended imposition of sentence to appear before the court or may issue a warrant for the defendant's arrest.

(2) The warrant may be executed by any law enforcement officer.

(b) (1) At any time before the expiration of a period of suspension of sentence or probation, any law enforcement officer may arrest a defendant on probation or serving a suspended imposition of sentence without a warrant if the law enforcement officer has reasonable cause to believe that the defendant: (A) Has failed to comply with a condition of his or her suspension of sentence or probation; or (B) Is exhibiting behavior that can be construed to be a threat to: (i) Abscond from supervision; or (ii) Not comply with an intermediate sanction under § 16-93-306(d) or § 16-93-309(a)(4) . (2) If a defendant on probation is arrested by a probation officer employed by the Division of Community Correction for a violation of the defendant's probation and taken to a county jail for a reason listed under subdivision (b)(1)(B) of this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement.

(1) At any time before the expiration of a period of suspension of sentence or probation, any law enforcement officer may arrest a defendant on probation or serving a suspended imposition of sentence without a warrant if the law enforcement officer has reasonable cause to believe that the defendant: (A) Has failed to comply with a condition of his or her suspension of sentence or probation; or (B) Is exhibiting behavior that can be construed to be a threat to: (i) Abscond from supervision; or (ii) Not comply with an intermediate sanction under § 16-93-306(d) or § 16-93-309(a)(4) .

(A) Has failed to comply with a condition of his or her suspension of sentence or probation; or

(B) Is exhibiting behavior that can be construed to be a threat to: (i) Abscond from supervision; or (ii) Not comply with an intermediate sanction under § 16-93-306(d) or § 16-93-309(a)(4) .

(i) Abscond from supervision; or

(ii) Not comply with an intermediate sanction under § 16-93-306(d) or § 16-93-309(a)(4) .

(2) If a defendant on probation is arrested by a probation officer employed by the Division of Community Correction for a violation of the defendant's probation and taken to a county jail for a reason listed under subdivision (b)(1)(B) of this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement.

(c) (1) A defendant arrested for violation of suspension of sentence or probation shall be taken immediately before the court that suspended imposition of sentence or, if the defendant was placed on probation, before the court supervising the probation, or, if the defendant is subject to administrative probation sanction under § 16-93-306(d) , to the appropriate authority in the Division of Community Correction if practicable or, if transport to an appropriate authority of the Division of Community Correction is not practicable, then to the county jail. (2) If a defendant subject to administrative probation sanction is transported to a county jail, then the county shall be reimbursed at the daily prevailing rate for the costs of incarceration.

(1) A defendant arrested for violation of suspension of sentence or probation shall be taken immediately before the court that suspended imposition of sentence or, if the defendant was placed on probation, before the court supervising the probation, or, if the defendant is subject to administrative probation sanction under § 16-93-306(d) , to the appropriate authority in the Division of Community Correction if practicable or, if transport to an appropriate authority of the Division of Community Correction is not practicable, then to the county jail.

(2) If a defendant subject to administrative probation sanction is transported to a county jail, then the county shall be reimbursed at the daily prevailing rate for the costs of incarceration.

(d) If a court finds by a preponderance of the evidence that the defendant has inexcusably failed to comply with a condition of his or her suspension of sentence or probation, the court may revoke the suspension of sentence or probation at any time prior to the expiration of the period of suspension of sentence or probation.

(e) A finding of failure to comply with a condition of suspension of sentence or probation as provided in subsection (d) of this section may be punished as contempt under § 16-10-108 .

(f) A court may revoke a suspension of sentence or probation subsequent to the expiration of the period of suspension of sentence or probation if before expiration of the period: (1) The defendant is arrested for violation of suspension of sentence or probation; (2) A warrant is issued for the defendant's arrest for violation of suspension of sentence or probation; (3) A petition to revoke the defendant's suspension of sentence or probation has been filed if a warrant is issued for the defendant's arrest within thirty (30) days of the date of filing the petition; or (4) The defendant has been: (A) Issued a citation in lieu of arrest under Rule 5 of the Arkansas Rules of Criminal Procedure for violation of suspension of sentence or probation; or (B) Served a summons under Rule 6 of the Arkansas Rules of Criminal Procedure for violation of suspension of sentence or probation.

(1) The defendant is arrested for violation of suspension of sentence or probation;

(2) A warrant is issued for the defendant's arrest for violation of suspension of sentence or probation;

(3) A petition to revoke the defendant's suspension of sentence or probation has been filed if a warrant is issued for the defendant's arrest within thirty (30) days of the date of filing the petition; or

(4) The defendant has been: (A) Issued a citation in lieu of arrest under Rule 5 of the Arkansas Rules of Criminal Procedure for violation of suspension of sentence or probation; or (B) Served a summons under Rule 6 of the Arkansas Rules of Criminal Procedure for violation of suspension of sentence or probation.

(A) Issued a citation in lieu of arrest under Rule 5 of the Arkansas Rules of Criminal Procedure for violation of suspension of sentence or probation; or

(B) Served a summons under Rule 6 of the Arkansas Rules of Criminal Procedure for violation of suspension of sentence or probation.

(g) (1) (A) If a court revokes a defendant's suspension of sentence or probation, the court may enter a judgment of conviction and may impose any sentence on the defendant that might have been imposed originally for the offense of which he or she was found guilty. (B) However, any sentence to pay a fine or of imprisonment, when combined with any previous fine or imprisonment imposed for the same offense, shall not exceed the limits of § 5-4-201 or § 5-4-401 , or if applicable, § 5-4-501 . (2) (A) As used in this subsection, "any sentence" includes the extension of a period of suspension of sentence or probation. (B) If an extension of suspension of sentence or probation is made upon revocation, the court is not deprived of the ability to revoke the suspension of sentence or probation again if the defendant's conduct again warrants revocation.

(1) (A) If a court revokes a defendant's suspension of sentence or probation, the court may enter a judgment of conviction and may impose any sentence on the defendant that might have been imposed originally for the offense of which he or she was found guilty. (B) However, any sentence to pay a fine or of imprisonment, when combined with any previous fine or imprisonment imposed for the same offense, shall not exceed the limits of § 5-4-201 or § 5-4-401 , or if applicable, § 5-4-501 .

(A) If a court revokes a defendant's suspension of sentence or probation, the court may enter a judgment of conviction and may impose any sentence on the defendant that might have been imposed originally for the offense of which he or she was found guilty.

(B) However, any sentence to pay a fine or of imprisonment, when combined with any previous fine or imprisonment imposed for the same offense, shall not exceed the limits of § 5-4-201 or § 5-4-401 , or if applicable, § 5-4-501 .

(2) (A) As used in this subsection, "any sentence" includes the extension of a period of suspension of sentence or probation. (B) If an extension of suspension of sentence or probation is made upon revocation, the court is not deprived of the ability to revoke the suspension of sentence or probation again if the defendant's conduct again warrants revocation.

(A) As used in this subsection, "any sentence" includes the extension of a period of suspension of sentence or probation.

(B) If an extension of suspension of sentence or probation is made upon revocation, the court is not deprived of the ability to revoke the suspension of sentence or probation again if the defendant's conduct again warrants revocation.

(h) (1) A court shall not revoke a suspension of sentence or probation because of a person's inability to achieve a high school diploma, high school equivalency diploma approved by the Adult Education Section, or gainful employment. (2) (A) However, the court may revoke a suspension of sentence or probation if the person fails to make a good faith effort to achieve a high school diploma, high school equivalency diploma approved by the Adult Education Section, or gainful employment. (B) As used in this section, "good faith effort" means a person: (i) Has been enrolled in a program of instruction leading to a high school diploma or a high school equivalency diploma approved by the Adult Education Section and is attending a school or an adult education course; or (ii) Is registered for employment and enrolled and participating in an employment-training program with the purpose of obtaining gainful employment.

(1) A court shall not revoke a suspension of sentence or probation because of a person's inability to achieve a high school diploma, high school equivalency diploma approved by the Adult Education Section, or gainful employment.

(2) (A) However, the court may revoke a suspension of sentence or probation if the person fails to make a good faith effort to achieve a high school diploma, high school equivalency diploma approved by the Adult Education Section, or gainful employment. (B) As used in this section, "good faith effort" means a person: (i) Has been enrolled in a program of instruction leading to a high school diploma or a high school equivalency diploma approved by the Adult Education Section and is attending a school or an adult education course; or (ii) Is registered for employment and enrolled and participating in an employment-training program with the purpose of obtaining gainful employment.

(A) However, the court may revoke a suspension of sentence or probation if the person fails to make a good faith effort to achieve a high school diploma, high school equivalency diploma approved by the Adult Education Section, or gainful employment.

(B) As used in this section, "good faith effort" means a person: (i) Has been enrolled in a program of instruction leading to a high school diploma or a high school equivalency diploma approved by the Adult Education Section and is attending a school or an adult education course; or (ii) Is registered for employment and enrolled and participating in an employment-training program with the purpose of obtaining gainful employment.

(i) Has been enrolled in a program of instruction leading to a high school diploma or a high school equivalency diploma approved by the Adult Education Section and is attending a school or an adult education course; or

(ii) Is registered for employment and enrolled and participating in an employment-training program with the purpose of obtaining gainful employment.

(i) (1) (A) Except as provided for in subdivision (i)(2) of this section, if a defendant on probation is subject to a revocation hearing under this subchapter or an administrative probation sanction for a technical conditions violation or a serious conditions violation, the defendant on probation is subject to confinement according to the time periods set out in § 16-93-306(d) and § 16-93-309(a)(4) without having his or her probation revoked. (B) (i) A defendant on probation is subject to having his or her probation revoked and being sentenced to the Division of Correction or the Division of Community Correction for a subsequent violation of his or her probation if the defendant has been confined six (6) times under § 16-93-306(d) . (ii) After a defendant on probation has been confined two (2) times under either § 16-93-306(d) or § 16-93-309(a)(4) for any combination of a technical conditions violation or serious conditions violation for any period of time, the defendant on probation is subject to having his or her probation revoked and being sentenced to the Division of Correction or the Division of Community Correction for a subsequent violation of his or her probation. (2) (A) A defendant is subject to having his or her probation revoked under this section for a technical conditions violation or a serious conditions violation without having been sanctioned for a period of confinement set out under § 16-93-306(d) or § 16-93-309(a)(4) if upon the filing of a petition in the court with jurisdiction the Division of Community Correction or the prosecuting attorney proves by a preponderance of the evidence that the defendant is engaging in or has engaged in behavior that poses a threat to the community. (B) If a prosecuting attorney alleges a technical conditions violation or a serious conditions violation under subdivision (i)(2)(A) of this section and meets the standard established under subdivision (i)(2)(A) of this section, the court may revoke the defendant's probation and sentence him or her to a period of time exceeding the time periods set out under § 16-93-306(d) or § 16-93-309(a)(4) . (3) A period of confinement that a defendant on probation serves for a probation violation but before being administratively sanctioned or sanctioned by the circuit court shall not count as a period of confinement for the purposes of the aggregate number of periods of confinement under this subsection or under § 16-93-306(d)(3)(E)(ii) (a) , nor shall the number of days of confinement count toward the total accumulation of days of confinement as set forth in § 16-93-306(d)(3)(E)(ii) (b) .

(1) (A) Except as provided for in subdivision (i)(2) of this section, if a defendant on probation is subject to a revocation hearing under this subchapter or an administrative probation sanction for a technical conditions violation or a serious conditions violation, the defendant on probation is subject to confinement according to the time periods set out in § 16-93-306(d) and § 16-93-309(a)(4) without having his or her probation revoked. (B) (i) A defendant on probation is subject to having his or her probation revoked and being sentenced to the Division of Correction or the Division of Community Correction for a subsequent violation of his or her probation if the defendant has been confined six (6) times under § 16-93-306(d) . (ii) After a defendant on probation has been confined two (2) times under either § 16-93-306(d) or § 16-93-309(a)(4) for any combination of a technical conditions violation or serious conditions violation for any period of time, the defendant on probation is subject to having his or her probation revoked and being sentenced to the Division of Correction or the Division of Community Correction for a subsequent violation of his or her probation.

(A) Except as provided for in subdivision (i)(2) of this section, if a defendant on probation is subject to a revocation hearing under this subchapter or an administrative probation sanction for a technical conditions violation or a serious conditions violation, the defendant on probation is subject to confinement according to the time periods set out in § 16-93-306(d) and § 16-93-309(a)(4) without having his or her probation revoked.

(B) (i) A defendant on probation is subject to having his or her probation revoked and being sentenced to the Division of Correction or the Division of Community Correction for a subsequent violation of his or her probation if the defendant has been confined six (6) times under § 16-93-306(d) . (ii) After a defendant on probation has been confined two (2) times under either § 16-93-306(d) or § 16-93-309(a)(4) for any combination of a technical conditions violation or serious conditions violation for any period of time, the defendant on probation is subject to having his or her probation revoked and being sentenced to the Division of Correction or the Division of Community Correction for a subsequent violation of his or her probation.

(i) A defendant on probation is subject to having his or her probation revoked and being sentenced to the Division of Correction or the Division of Community Correction for a subsequent violation of his or her probation if the defendant has been confined six (6) times under § 16-93-306(d) .

(ii) After a defendant on probation has been confined two (2) times under either § 16-93-306(d) or § 16-93-309(a)(4) for any combination of a technical conditions violation or serious conditions violation for any period of time, the defendant on probation is subject to having his or her probation revoked and being sentenced to the Division of Correction or the Division of Community Correction for a subsequent violation of his or her probation.

(2) (A) A defendant is subject to having his or her probation revoked under this section for a technical conditions violation or a serious conditions violation without having been sanctioned for a period of confinement set out under § 16-93-306(d) or § 16-93-309(a)(4) if upon the filing of a petition in the court with jurisdiction the Division of Community Correction or the prosecuting attorney proves by a preponderance of the evidence that the defendant is engaging in or has engaged in behavior that poses a threat to the community. (B) If a prosecuting attorney alleges a technical conditions violation or a serious conditions violation under subdivision (i)(2)(A) of this section and meets the standard established under subdivision (i)(2)(A) of this section, the court may revoke the defendant's probation and sentence him or her to a period of time exceeding the time periods set out under § 16-93-306(d) or § 16-93-309(a)(4) .

(A) A defendant is subject to having his or her probation revoked under this section for a technical conditions violation or a serious conditions violation without having been sanctioned for a period of confinement set out under § 16-93-306(d) or § 16-93-309(a)(4) if upon the filing of a petition in the court with jurisdiction the Division of Community Correction or the prosecuting attorney proves by a preponderance of the evidence that the defendant is engaging in or has engaged in behavior that poses a threat to the community.

(B) If a prosecuting attorney alleges a technical conditions violation or a serious conditions violation under subdivision (i)(2)(A) of this section and meets the standard established under subdivision (i)(2)(A) of this section, the court may revoke the defendant's probation and sentence him or her to a period of time exceeding the time periods set out under § 16-93-306(d) or § 16-93-309(a)(4) .

(3) A period of confinement that a defendant on probation serves for a probation violation but before being administratively sanctioned or sanctioned by the circuit court shall not count as a period of confinement for the purposes of the aggregate number of periods of confinement under this subsection or under § 16-93-306(d)(3)(E)(ii) (a) , nor shall the number of days of confinement count toward the total accumulation of days of confinement as set forth in § 16-93-306(d)(3)(E)(ii) (b) .

(j) To the extent that a participant in a specialty court program is subject to this section, any period of confinement ordered by the specialty court is not subject to the accumulation of sanctions under subsection (i) of this section, nor is a specialty court program bound by the time periods under § 16-93-306(d) or § 16-93-309(a)(4) .

Amended by Act 2019, No. 910,§ 903, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 902, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 901, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 900, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 899, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 898, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 897, eff. 7/1/2019.

Amended by Act 2017, No. 423,§ 18, eff. 10/1/2017.

Amended by Act 2015, No. 1115,§ 25, eff. 7/22/2015.

Acts 2011, No. 570, § 90.
Ark. Code Ann. § 16-98-303 — AR Code / Title 16 / Chapter 98 / Subchapter 3 / Section 16-98-303
Drug court programs authorized
Status: in_force

(a) (1) Each judicial district of this state is authorized to establish a drug court program under this subchapter. (2) A drug court established under this subchapter shall be approved under § 16-10-139 . (3) (A) A drug court program may be preadjudication or post-adjudication for an adult offender or a juvenile offender. (B) A juvenile drug court program or services may be used in a delinquency case or a family in need of services case. (C) A juvenile drug court program or services may be used in a dependency-neglect case under § 9-27-334 . (4) Notwithstanding the authorization described in subdivision (a)(1) of this section, a judge of a circuit court, drug court, or juvenile division of circuit court may not order any services or treatment under subsection (b) of this section or § 16-98-305 unless: (A) An administrative and programmatic appropriation has been made for those purposes; (B) Administrative and programmatic funding is available for those purposes; and (C) Administrative and programmatic positions have been authorized for those purposes. (5) As determined by the Division of Community Correction, an adult drug court program established under this section shall target high-risk offenders and medium-risk offenders. (b) (1) A drug court program shall incorporate services from the Division of Community Correction, the Department of Human Services, and the Administrative Office of the Courts. (2) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, and subject to the requirements of eligibility as defined in § 16-93-1202 , the Division of Community Correction: (A) Shall: (i) Establish standards regarding the classification of a drug court program participant as a high-risk offender or medium-risk offender; (ii) Provide positions for persons to serve as probation officers, drug counselors, and administrative assistants; (iii) Provide for drug testing for drug court program participants; (iv) Provide for intensive outpatient treatment for drug court program participants; (v) Provide for intensive short-term and long-term residential treatment for drug court program participants; and (vi) Develop clinical assessment capacity, including drug testing, to identify a drug court program participant with a substance addiction and develop a treatment protocol that improves the drug court program participant's likelihood of success; and (B) May: (i) Provide for continuous alcohol monitoring for drug court program participants, including a minimum period of one hundred twenty (120) days; and (ii) Develop clinical assessment capacity, including continuous alcohol monitoring, to identify a drug court program participant with a substance addiction and develop a treatment protocol that improves the drug court program participant's likelihood of success. (3) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, the department shall: (A) Provide positions for persons to serve as drug counselors and administrative assistants in delinquency cases, dependency-neglect cases, and family in need of services cases; (B) Provide for drug testing for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases; (C) Provide for intensive outpatient treatment for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases; (D) Provide for intensive short-term and long-term residential treatment for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases; (E) Certify and license treatment providers and treatment facilities that serve drug court program participants; (F) Provide and oversee residential beds for drug court programs; (G) Oversee catchment area facilities for drug court programs; (H) Act as a liaison between the courts and drug court program participants; and (I) Oversee performance standards for residential and long-term facilities providing services to drug court programs. (4) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, the Administrative Office of the Courts shall: (A) Provide state-level coordination and support for drug court judges and their programs; (B) Administer funds for the maintenance and operation of local approved drug court programs; (C) Provide training and education to drug court judges and other professionals involved in drug court programs; (D) Operate as a liaison between drug court judges and other state-level agencies providing services to drug court programs; and (E) Develop criteria for determining new drug court locations that take into account: (i) The current size of the defendant population that meets the criteria for drug court participation; (ii) Recent trends indicating an increasing defendant population that meets the criteria for drug court participation; (iii) Existing drug treatment programs currently in place and operating through the courts, the county jail, or the Division of Correction; and (iv) The drug court program's use of evidence-based practices by key partners involved in the prospective drug court including those to assess the needs of drug court participants in order to effectively target programming toward high-risk participants. (c) (1) A drug court program shall not be available to any defendant who: (A) Has a pending charge for a violent felony against him or her; (B) Has been convicted of a violent felony offense as defined in this subchapter or adjudicated delinquent as a juvenile of a violent felony offense; or (C) (i) Is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (ii) The exclusion under subdivision (c)(1)(C)(i) of this section shall not apply to the offense of prostitution, § 5-70-102 . (2) Eligible offenses may be further restricted by the rules of a specific drug court program. (3) Nothing in this subchapter shall require a drug court judge to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the drug court program. (4) Any defendant who is denied entry to a drug court program shall be prosecuted as provided by law. (d) (1) Drug court programs may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. (2) A drug court team shall be designated by a circuit judge assigned to manage the drug court docket and may include a circuit judge, a prosecuting attorney, a public defender or private defense attorney, one (1) or more addiction counselors, one (1) or more probation officers, one (1) or more private treatment provider representatives, and any other individual or individuals determined necessary by the drug court judge. (3) (A) The administrative judge of the judicial district shall designate one (1) or more circuit judges to administer the drug court program. (B) If a county is in a judicial district that does not have a circuit judge who is able to administer the drug court program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a district court judge to administer the drug court program. (e) Each judicial district may develop a training and implementation manual for drug court programs with the assistance of the: (1) Department; (2) Division of Elementary and Secondary Education; (3) Adult Education Section; (4) Division of Community Correction; and (5) Administrative Office of the Courts. (f) A Division of Drug Court Programs is created within the Administrative Office of the Courts. The position of Drug Court Coordinator is created within the Division of Drug Court Programs, and the Drug Court Coordinator shall: (1) Provide assistance, counsel, and advice to the Specialty Court Program Advisory Committee; (2) Serve as a coordinator between drug court judges, the Division of Community Correction, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, private treatment provider representatives, and public health advocates; (3) Establish, manage, and maintain a uniform statewide drug court information system to track information and data on drug court program participants to be reviewed by the Specialty Court Program Advisory Committee; (4) Train and educate drug court judges and drug court staff in those judicial districts maintaining a drug court program; (5) Provide staff assistance to the Arkansas Drug Court Professionals Association; (6) Oversee the disbursement of funds appropriated to the Administrative Office of the Courts for the maintenance and operation of local approved drug court programs based on a formula developed by the Administrative Office of the Courts and reviewed by the Specialty Court Program Advisory Committee; and (7) Develop guidelines to be reviewed by the Specialty Court Program Advisory Committee to serve as a framework for developing effective local drug court programs and to provide a structure for conducting research and evaluation for drug court program accountability. (g) (1) A drug court program judge, on his or her own motion or upon a request from an offender, may order dismissal of a case and the sealing of the record if: (A) The offender has successfully completed a drug court program, as determined by the drug court program judge; (B) The offender has received aftercare programming; (C) The drug court program judge has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record; and (D) The drug court program judge, after considering the offender's past criminal history, determines that dismissal of the case and the sealing of the record are appropriate. (2) (A) Except as provided in subdivision (g)(2)(B) of this section, if the offender has pleaded guilty or nolo contendere to or has been found guilty of an offense falling within a target group under § 16-93-1202(10)(A)(i) in another Arkansas court, the drug court program judge may order sealing and dismissal of the offense falling within a target group with the written concurrence of the other Arkansas court. (B) The following offenses are not eligible for sealing under subdivision (g)(2)(A) of this section: (i) Residential burglary, § 5-39-201(a) ; (ii) Commercial burglary, § 5-39-201(b) ; (iii) Breaking or entering, § 5-39-202 ; and (iv) The fourth and subsequent offense of driving while intoxicated, § 5-65-103 . (3) Unless otherwise ordered by the drug court program judge, sealing under this subsection shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq. Amended by Act 2019, No. 910,§ 952, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 951, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 950, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 949, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 948, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 45, eff. 8/1/2017. Amended by Act 2017, No. 423,§ 27, eff. 8/1/2017. Amended by Act 2015, No. 895,§ 35, eff. 4/1/2015. Amended by Act 2015, No. 895,§ 34, eff. 4/1/2015. Amended by Act 2015, No. 895,§ 33, eff. 4/1/2015. Amended by Act 2015, No. 895,§ 32, eff. 4/1/2015. Amended by Act 2013, No. 1460,§ 16, eff. 1/1/2014. Amended by Act 2013, No. 1107,§ 15, eff. 8/16/2013. Acts 2003, No. 1266, § 3; 2007, No. 1022, § 4; 2009, No. 1491, § 2; 2011, No. 570, §§ 113-115; 2011, No. 1137, § 3.

(a) (1) Each judicial district of this state is authorized to establish a drug court program under this subchapter. (2) A drug court established under this subchapter shall be approved under § 16-10-139 . (3) (A) A drug court program may be preadjudication or post-adjudication for an adult offender or a juvenile offender. (B) A juvenile drug court program or services may be used in a delinquency case or a family in need of services case. (C) A juvenile drug court program or services may be used in a dependency-neglect case under § 9-27-334 . (4) Notwithstanding the authorization described in subdivision (a)(1) of this section, a judge of a circuit court, drug court, or juvenile division of circuit court may not order any services or treatment under subsection (b) of this section or § 16-98-305 unless: (A) An administrative and programmatic appropriation has been made for those purposes; (B) Administrative and programmatic funding is available for those purposes; and (C) Administrative and programmatic positions have been authorized for those purposes. (5) As determined by the Division of Community Correction, an adult drug court program established under this section shall target high-risk offenders and medium-risk offenders.

(1) Each judicial district of this state is authorized to establish a drug court program under this subchapter.

(2) A drug court established under this subchapter shall be approved under § 16-10-139 .

(3) (A) A drug court program may be preadjudication or post-adjudication for an adult offender or a juvenile offender. (B) A juvenile drug court program or services may be used in a delinquency case or a family in need of services case. (C) A juvenile drug court program or services may be used in a dependency-neglect case under § 9-27-334 .

(A) A drug court program may be preadjudication or post-adjudication for an adult offender or a juvenile offender.

(B) A juvenile drug court program or services may be used in a delinquency case or a family in need of services case.

(C) A juvenile drug court program or services may be used in a dependency-neglect case under § 9-27-334 .

(4) Notwithstanding the authorization described in subdivision (a)(1) of this section, a judge of a circuit court, drug court, or juvenile division of circuit court may not order any services or treatment under subsection (b) of this section or § 16-98-305 unless: (A) An administrative and programmatic appropriation has been made for those purposes; (B) Administrative and programmatic funding is available for those purposes; and (C) Administrative and programmatic positions have been authorized for those purposes.

(A) An administrative and programmatic appropriation has been made for those purposes;

(B) Administrative and programmatic funding is available for those purposes; and

(C) Administrative and programmatic positions have been authorized for those purposes.

(5) As determined by the Division of Community Correction, an adult drug court program established under this section shall target high-risk offenders and medium-risk offenders.

(b) (1) A drug court program shall incorporate services from the Division of Community Correction, the Department of Human Services, and the Administrative Office of the Courts. (2) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, and subject to the requirements of eligibility as defined in § 16-93-1202 , the Division of Community Correction: (A) Shall: (i) Establish standards regarding the classification of a drug court program participant as a high-risk offender or medium-risk offender; (ii) Provide positions for persons to serve as probation officers, drug counselors, and administrative assistants; (iii) Provide for drug testing for drug court program participants; (iv) Provide for intensive outpatient treatment for drug court program participants; (v) Provide for intensive short-term and long-term residential treatment for drug court program participants; and (vi) Develop clinical assessment capacity, including drug testing, to identify a drug court program participant with a substance addiction and develop a treatment protocol that improves the drug court program participant's likelihood of success; and (B) May: (i) Provide for continuous alcohol monitoring for drug court program participants, including a minimum period of one hundred twenty (120) days; and (ii) Develop clinical assessment capacity, including continuous alcohol monitoring, to identify a drug court program participant with a substance addiction and develop a treatment protocol that improves the drug court program participant's likelihood of success. (3) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, the department shall: (A) Provide positions for persons to serve as drug counselors and administrative assistants in delinquency cases, dependency-neglect cases, and family in need of services cases; (B) Provide for drug testing for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases; (C) Provide for intensive outpatient treatment for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases; (D) Provide for intensive short-term and long-term residential treatment for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases; (E) Certify and license treatment providers and treatment facilities that serve drug court program participants; (F) Provide and oversee residential beds for drug court programs; (G) Oversee catchment area facilities for drug court programs; (H) Act as a liaison between the courts and drug court program participants; and (I) Oversee performance standards for residential and long-term facilities providing services to drug court programs. (4) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, the Administrative Office of the Courts shall: (A) Provide state-level coordination and support for drug court judges and their programs; (B) Administer funds for the maintenance and operation of local approved drug court programs; (C) Provide training and education to drug court judges and other professionals involved in drug court programs; (D) Operate as a liaison between drug court judges and other state-level agencies providing services to drug court programs; and (E) Develop criteria for determining new drug court locations that take into account: (i) The current size of the defendant population that meets the criteria for drug court participation; (ii) Recent trends indicating an increasing defendant population that meets the criteria for drug court participation; (iii) Existing drug treatment programs currently in place and operating through the courts, the county jail, or the Division of Correction; and (iv) The drug court program's use of evidence-based practices by key partners involved in the prospective drug court including those to assess the needs of drug court participants in order to effectively target programming toward high-risk participants.

(1) A drug court program shall incorporate services from the Division of Community Correction, the Department of Human Services, and the Administrative Office of the Courts.

(2) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, and subject to the requirements of eligibility as defined in § 16-93-1202 , the Division of Community Correction: (A) Shall: (i) Establish standards regarding the classification of a drug court program participant as a high-risk offender or medium-risk offender; (ii) Provide positions for persons to serve as probation officers, drug counselors, and administrative assistants; (iii) Provide for drug testing for drug court program participants; (iv) Provide for intensive outpatient treatment for drug court program participants; (v) Provide for intensive short-term and long-term residential treatment for drug court program participants; and (vi) Develop clinical assessment capacity, including drug testing, to identify a drug court program participant with a substance addiction and develop a treatment protocol that improves the drug court program participant's likelihood of success; and (B) May: (i) Provide for continuous alcohol monitoring for drug court program participants, including a minimum period of one hundred twenty (120) days; and (ii) Develop clinical assessment capacity, including continuous alcohol monitoring, to identify a drug court program participant with a substance addiction and develop a treatment protocol that improves the drug court program participant's likelihood of success.

(A) Shall: (i) Establish standards regarding the classification of a drug court program participant as a high-risk offender or medium-risk offender; (ii) Provide positions for persons to serve as probation officers, drug counselors, and administrative assistants; (iii) Provide for drug testing for drug court program participants; (iv) Provide for intensive outpatient treatment for drug court program participants; (v) Provide for intensive short-term and long-term residential treatment for drug court program participants; and (vi) Develop clinical assessment capacity, including drug testing, to identify a drug court program participant with a substance addiction and develop a treatment protocol that improves the drug court program participant's likelihood of success; and

(i) Establish standards regarding the classification of a drug court program participant as a high-risk offender or medium-risk offender;

(ii) Provide positions for persons to serve as probation officers, drug counselors, and administrative assistants;

(iii) Provide for drug testing for drug court program participants;

(iv) Provide for intensive outpatient treatment for drug court program participants;

(v) Provide for intensive short-term and long-term residential treatment for drug court program participants; and

(vi) Develop clinical assessment capacity, including drug testing, to identify a drug court program participant with a substance addiction and develop a treatment protocol that improves the drug court program participant's likelihood of success; and

(B) May: (i) Provide for continuous alcohol monitoring for drug court program participants, including a minimum period of one hundred twenty (120) days; and (ii) Develop clinical assessment capacity, including continuous alcohol monitoring, to identify a drug court program participant with a substance addiction and develop a treatment protocol that improves the drug court program participant's likelihood of success.

(i) Provide for continuous alcohol monitoring for drug court program participants, including a minimum period of one hundred twenty (120) days; and

(ii) Develop clinical assessment capacity, including continuous alcohol monitoring, to identify a drug court program participant with a substance addiction and develop a treatment protocol that improves the drug court program participant's likelihood of success.

(3) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, the department shall: (A) Provide positions for persons to serve as drug counselors and administrative assistants in delinquency cases, dependency-neglect cases, and family in need of services cases; (B) Provide for drug testing for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases; (C) Provide for intensive outpatient treatment for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases; (D) Provide for intensive short-term and long-term residential treatment for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases; (E) Certify and license treatment providers and treatment facilities that serve drug court program participants; (F) Provide and oversee residential beds for drug court programs; (G) Oversee catchment area facilities for drug court programs; (H) Act as a liaison between the courts and drug court program participants; and (I) Oversee performance standards for residential and long-term facilities providing services to drug court programs.

(A) Provide positions for persons to serve as drug counselors and administrative assistants in delinquency cases, dependency-neglect cases, and family in need of services cases;

(B) Provide for drug testing for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases;

(C) Provide for intensive outpatient treatment for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases;

(D) Provide for intensive short-term and long-term residential treatment for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases;

(E) Certify and license treatment providers and treatment facilities that serve drug court program participants;

(F) Provide and oversee residential beds for drug court programs;

(G) Oversee catchment area facilities for drug court programs;

(H) Act as a liaison between the courts and drug court program participants; and

(I) Oversee performance standards for residential and long-term facilities providing services to drug court programs.

(4) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, the Administrative Office of the Courts shall: (A) Provide state-level coordination and support for drug court judges and their programs; (B) Administer funds for the maintenance and operation of local approved drug court programs; (C) Provide training and education to drug court judges and other professionals involved in drug court programs; (D) Operate as a liaison between drug court judges and other state-level agencies providing services to drug court programs; and (E) Develop criteria for determining new drug court locations that take into account: (i) The current size of the defendant population that meets the criteria for drug court participation; (ii) Recent trends indicating an increasing defendant population that meets the criteria for drug court participation; (iii) Existing drug treatment programs currently in place and operating through the courts, the county jail, or the Division of Correction; and (iv) The drug court program's use of evidence-based practices by key partners involved in the prospective drug court including those to assess the needs of drug court participants in order to effectively target programming toward high-risk participants.

(A) Provide state-level coordination and support for drug court judges and their programs;

(B) Administer funds for the maintenance and operation of local approved drug court programs;

(C) Provide training and education to drug court judges and other professionals involved in drug court programs;

(D) Operate as a liaison between drug court judges and other state-level agencies providing services to drug court programs; and

(E) Develop criteria for determining new drug court locations that take into account: (i) The current size of the defendant population that meets the criteria for drug court participation; (ii) Recent trends indicating an increasing defendant population that meets the criteria for drug court participation; (iii) Existing drug treatment programs currently in place and operating through the courts, the county jail, or the Division of Correction; and (iv) The drug court program's use of evidence-based practices by key partners involved in the prospective drug court including those to assess the needs of drug court participants in order to effectively target programming toward high-risk participants.

(i) The current size of the defendant population that meets the criteria for drug court participation;

(ii) Recent trends indicating an increasing defendant population that meets the criteria for drug court participation;

(iii) Existing drug treatment programs currently in place and operating through the courts, the county jail, or the Division of Correction; and

(iv) The drug court program's use of evidence-based practices by key partners involved in the prospective drug court including those to assess the needs of drug court participants in order to effectively target programming toward high-risk participants.

(c) (1) A drug court program shall not be available to any defendant who: (A) Has a pending charge for a violent felony against him or her; (B) Has been convicted of a violent felony offense as defined in this subchapter or adjudicated delinquent as a juvenile of a violent felony offense; or (C) (i) Is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (ii) The exclusion under subdivision (c)(1)(C)(i) of this section shall not apply to the offense of prostitution, § 5-70-102 . (2) Eligible offenses may be further restricted by the rules of a specific drug court program. (3) Nothing in this subchapter shall require a drug court judge to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the drug court program. (4) Any defendant who is denied entry to a drug court program shall be prosecuted as provided by law.

(1) A drug court program shall not be available to any defendant who: (A) Has a pending charge for a violent felony against him or her; (B) Has been convicted of a violent felony offense as defined in this subchapter or adjudicated delinquent as a juvenile of a violent felony offense; or (C) (i) Is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (ii) The exclusion under subdivision (c)(1)(C)(i) of this section shall not apply to the offense of prostitution, § 5-70-102 .

(A) Has a pending charge for a violent felony against him or her;

(B) Has been convicted of a violent felony offense as defined in this subchapter or adjudicated delinquent as a juvenile of a violent felony offense; or

(C) (i) Is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (ii) The exclusion under subdivision (c)(1)(C)(i) of this section shall not apply to the offense of prostitution, § 5-70-102 .

(i) Is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

(ii) The exclusion under subdivision (c)(1)(C)(i) of this section shall not apply to the offense of prostitution, § 5-70-102 .

(2) Eligible offenses may be further restricted by the rules of a specific drug court program.

(3) Nothing in this subchapter shall require a drug court judge to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the drug court program.

(4) Any defendant who is denied entry to a drug court program shall be prosecuted as provided by law.

(d) (1) Drug court programs may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. (2) A drug court team shall be designated by a circuit judge assigned to manage the drug court docket and may include a circuit judge, a prosecuting attorney, a public defender or private defense attorney, one (1) or more addiction counselors, one (1) or more probation officers, one (1) or more private treatment provider representatives, and any other individual or individuals determined necessary by the drug court judge. (3) (A) The administrative judge of the judicial district shall designate one (1) or more circuit judges to administer the drug court program. (B) If a county is in a judicial district that does not have a circuit judge who is able to administer the drug court program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a district court judge to administer the drug court program.

(1) Drug court programs may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems.

(2) A drug court team shall be designated by a circuit judge assigned to manage the drug court docket and may include a circuit judge, a prosecuting attorney, a public defender or private defense attorney, one (1) or more addiction counselors, one (1) or more probation officers, one (1) or more private treatment provider representatives, and any other individual or individuals determined necessary by the drug court judge.

(3) (A) The administrative judge of the judicial district shall designate one (1) or more circuit judges to administer the drug court program. (B) If a county is in a judicial district that does not have a circuit judge who is able to administer the drug court program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a district court judge to administer the drug court program.

(A) The administrative judge of the judicial district shall designate one (1) or more circuit judges to administer the drug court program.

(B) If a county is in a judicial district that does not have a circuit judge who is able to administer the drug court program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a district court judge to administer the drug court program.

(e) Each judicial district may develop a training and implementation manual for drug court programs with the assistance of the: (1) Department; (2) Division of Elementary and Secondary Education; (3) Adult Education Section; (4) Division of Community Correction; and (5) Administrative Office of the Courts.

(1) Department;

(2) Division of Elementary and Secondary Education;

(3) Adult Education Section;

(4) Division of Community Correction; and

(5) Administrative Office of the Courts.

(f) A Division of Drug Court Programs is created within the Administrative Office of the Courts. The position of Drug Court Coordinator is created within the Division of Drug Court Programs, and the Drug Court Coordinator shall: (1) Provide assistance, counsel, and advice to the Specialty Court Program Advisory Committee; (2) Serve as a coordinator between drug court judges, the Division of Community Correction, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, private treatment provider representatives, and public health advocates; (3) Establish, manage, and maintain a uniform statewide drug court information system to track information and data on drug court program participants to be reviewed by the Specialty Court Program Advisory Committee; (4) Train and educate drug court judges and drug court staff in those judicial districts maintaining a drug court program; (5) Provide staff assistance to the Arkansas Drug Court Professionals Association; (6) Oversee the disbursement of funds appropriated to the Administrative Office of the Courts for the maintenance and operation of local approved drug court programs based on a formula developed by the Administrative Office of the Courts and reviewed by the Specialty Court Program Advisory Committee; and (7) Develop guidelines to be reviewed by the Specialty Court Program Advisory Committee to serve as a framework for developing effective local drug court programs and to provide a structure for conducting research and evaluation for drug court program accountability.

(1) Provide assistance, counsel, and advice to the Specialty Court Program Advisory Committee;

(2) Serve as a coordinator between drug court judges, the Division of Community Correction, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, private treatment provider representatives, and public health advocates;

(3) Establish, manage, and maintain a uniform statewide drug court information system to track information and data on drug court program participants to be reviewed by the Specialty Court Program Advisory Committee;

(4) Train and educate drug court judges and drug court staff in those judicial districts maintaining a drug court program;

(5) Provide staff assistance to the Arkansas Drug Court Professionals Association;

(6) Oversee the disbursement of funds appropriated to the Administrative Office of the Courts for the maintenance and operation of local approved drug court programs based on a formula developed by the Administrative Office of the Courts and reviewed by the Specialty Court Program Advisory Committee; and

(7) Develop guidelines to be reviewed by the Specialty Court Program Advisory Committee to serve as a framework for developing effective local drug court programs and to provide a structure for conducting research and evaluation for drug court program accountability.

(g) (1) A drug court program judge, on his or her own motion or upon a request from an offender, may order dismissal of a case and the sealing of the record if: (A) The offender has successfully completed a drug court program, as determined by the drug court program judge; (B) The offender has received aftercare programming; (C) The drug court program judge has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record; and (D) The drug court program judge, after considering the offender's past criminal history, determines that dismissal of the case and the sealing of the record are appropriate. (2) (A) Except as provided in subdivision (g)(2)(B) of this section, if the offender has pleaded guilty or nolo contendere to or has been found guilty of an offense falling within a target group under § 16-93-1202(10)(A)(i) in another Arkansas court, the drug court program judge may order sealing and dismissal of the offense falling within a target group with the written concurrence of the other Arkansas court. (B) The following offenses are not eligible for sealing under subdivision (g)(2)(A) of this section: (i) Residential burglary, § 5-39-201(a) ; (ii) Commercial burglary, § 5-39-201(b) ; (iii) Breaking or entering, § 5-39-202 ; and (iv) The fourth and subsequent offense of driving while intoxicated, § 5-65-103 . (3) Unless otherwise ordered by the drug court program judge, sealing under this subsection shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

(1) A drug court program judge, on his or her own motion or upon a request from an offender, may order dismissal of a case and the sealing of the record if: (A) The offender has successfully completed a drug court program, as determined by the drug court program judge; (B) The offender has received aftercare programming; (C) The drug court program judge has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record; and (D) The drug court program judge, after considering the offender's past criminal history, determines that dismissal of the case and the sealing of the record are appropriate.

(A) The offender has successfully completed a drug court program, as determined by the drug court program judge;

(B) The offender has received aftercare programming;

(C) The drug court program judge has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record; and

(D) The drug court program judge, after considering the offender's past criminal history, determines that dismissal of the case and the sealing of the record are appropriate.

(2) (A) Except as provided in subdivision (g)(2)(B) of this section, if the offender has pleaded guilty or nolo contendere to or has been found guilty of an offense falling within a target group under § 16-93-1202(10)(A)(i) in another Arkansas court, the drug court program judge may order sealing and dismissal of the offense falling within a target group with the written concurrence of the other Arkansas court. (B) The following offenses are not eligible for sealing under subdivision (g)(2)(A) of this section: (i) Residential burglary, § 5-39-201(a) ; (ii) Commercial burglary, § 5-39-201(b) ; (iii) Breaking or entering, § 5-39-202 ; and (iv) The fourth and subsequent offense of driving while intoxicated, § 5-65-103 .

(A) Except as provided in subdivision (g)(2)(B) of this section, if the offender has pleaded guilty or nolo contendere to or has been found guilty of an offense falling within a target group under § 16-93-1202(10)(A)(i) in another Arkansas court, the drug court program judge may order sealing and dismissal of the offense falling within a target group with the written concurrence of the other Arkansas court.

(B) The following offenses are not eligible for sealing under subdivision (g)(2)(A) of this section: (i) Residential burglary, § 5-39-201(a) ; (ii) Commercial burglary, § 5-39-201(b) ; (iii) Breaking or entering, § 5-39-202 ; and (iv) The fourth and subsequent offense of driving while intoxicated, § 5-65-103 .

(i) Residential burglary, § 5-39-201(a) ;

(ii) Commercial burglary, § 5-39-201(b) ;

(iii) Breaking or entering, § 5-39-202 ; and

(iv) The fourth and subsequent offense of driving while intoxicated, § 5-65-103 .

(3) Unless otherwise ordered by the drug court program judge, sealing under this subsection shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

Amended by Act 2019, No. 910,§ 952, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 951, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 950, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 949, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 948, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 45, eff. 8/1/2017.

Amended by Act 2017, No. 423,§ 27, eff. 8/1/2017.

Amended by Act 2015, No. 895,§ 35, eff. 4/1/2015.

Amended by Act 2015, No. 895,§ 34, eff. 4/1/2015.

Amended by Act 2015, No. 895,§ 33, eff. 4/1/2015.

Amended by Act 2015, No. 895,§ 32, eff. 4/1/2015.

Amended by Act 2013, No. 1460,§ 16, eff. 1/1/2014.

Amended by Act 2013, No. 1107,§ 15, eff. 8/16/2013.

Acts 2003, No. 1266, § 3; 2007, No. 1022, § 4; 2009, No. 1491, § 2; 2011, No. 570, §§ 113-115; 2011, No. 1137, § 3.
Ark. Code Ann. § 16-55-216 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-216
Comparative fault
Status: in_force

Section 16 -55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 do not amend existing law that provides that a plaintiff may not recover any amount of damages if the plaintiff's own fault is determined to be fifty percent (50%) or greater. Acts 2003, No. 649, § 7.

Section 16 -55-201 et seq. and §§ 16-114-206(a) , 16-114-208(a) , 16-114-208(c)(1) , and 16-114-209 - 16-114-212 do not amend existing law that provides that a plaintiff may not recover any amount of damages if the plaintiff's own fault is determined to be fifty percent (50%) or greater.

Acts 2003, No. 649, § 7.
Ark. Code Ann. § 16-105-408 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-408
Dismissal for want of prosecution
Status: in_force

If a complaint under this subchapter is filed by a citizen of the state, resident of the county, or established neighborhood or community organization, the complaint shall not be dismissed by the citizen of the state, resident of the county, or established neighborhood community organization or for want of prosecution except upon a sworn statement setting forth the reasons why the complaint should be dismissed and by dismissal ordered by the court. Amended by Act 2013, No. 1219,§ 3, eff. 8/16/2013. Acts 1989, No. 556, § 1.

If a complaint under this subchapter is filed by a citizen of the state, resident of the county, or established neighborhood or community organization, the complaint shall not be dismissed by the citizen of the state, resident of the county, or established neighborhood community organization or for want of prosecution except upon a sworn statement setting forth the reasons why the complaint should be dismissed and by dismissal ordered by the court.

Amended by Act 2013, No. 1219,§ 3, eff. 8/16/2013.

Acts 1989, No. 556, § 1.
Ark. Code Ann. § 16-63-221 — AR Code / Title 16 / Chapter 63 / Subchapter 2 / Section 16-63-221
Complaint - Amount in controversy
Status: in_force

(a) A plaintiff who files a complaint in a circuit or district court praying for an award of damages may, but is not required to, state an amount in controversy for the purposes of establishing subject-matter jurisdiction and determining if the amount sought is within the jurisdictional limits of the court. (b) A declaration allowed by subsection (a) of this section is binding on the plaintiff with respect to the amount in controversy unless the plaintiff subsequently amends the complaint to pray for damages in an amount that exceeds the jurisdictional limits of the court, at which time the amendment is governed by the Arkansas Rules of Civil Procedure. Acts 2011, No. 336, § 1.

(a) A plaintiff who files a complaint in a circuit or district court praying for an award of damages may, but is not required to, state an amount in controversy for the purposes of establishing subject-matter jurisdiction and determining if the amount sought is within the jurisdictional limits of the court.

(b) A declaration allowed by subsection (a) of this section is binding on the plaintiff with respect to the amount in controversy unless the plaintiff subsequently amends the complaint to pray for damages in an amount that exceeds the jurisdictional limits of the court, at which time the amendment is governed by the Arkansas Rules of Civil Procedure.

Acts 2011, No. 336, § 1.
Ark. Code Ann. § 16-110-139 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-139
Powers of court
Status: in_force

The court may, from time to time, make and enforce proper orders respecting the property, sales, and the confirmation thereof, and the application and payment of the moneys collected. Civil Code, § 255; C. & M. Dig., § 540; Pope's Dig., § 577; A.S.A. 1947, § 31-164.

The court may, from time to time, make and enforce proper orders respecting the property, sales, and the confirmation thereof, and the application and payment of the moneys collected.

Civil Code, § 255; C. & M. Dig., § 540; Pope's Dig., § 577; A.S.A. 1947, § 31-164.
Ark. Code Ann. § 16-85-714 — AR Code / Title 16 / Chapter 85 / Subchapter 7 / Section 16-85-714
No contact orders - Definitions
Status: in_force

(a) As used in this section: (1) "Court" means a judge or judicial officer; and (2) "No contact order" means an order issued by a court to a defendant at or after his or her first appearance on charges as described under Rule 8.1 of the Arkansas Rules of Criminal Procedure that prohibits the defendant from contacting directly or indirectly a person in any manner or from being within a certain distance of the person's home or place of employment. (b) (1) A court may issue a no contact order under this section in addition to any other condition of release from custody that is imposed by the court if: (A) The defendant is charged with one (1) or more of the following offenses: (i) Terroristic threatening, § 5-13-301 ; (ii) Trafficking of persons, § 5-18-103 ; or (iii) False imprisonment in the first degree, § 5-11-103 ; or (B) It appears that there exists a danger that a defendant will: (i) Commit a serious crime; (ii) Seek to intimidate a witness; or (iii) Otherwise unlawfully interfere with the orderly administration of justice. (2) The no contact order issued under this section shall be in effect until it is modified or terminated by the court. (3) A no contact order issued under this section may contain, without limitation, the following: (A) The reasons the court issued the no contact order in specific terms and description in reasonable detail of the purpose of the order; (B) (i) A prohibition against the defendant's approaching or communicating with a particular person or class of persons, either through a third party or by telephone, electronic communication, or in writing. (ii) A no contact order issued under this section shall not be deemed to prohibit any lawful or ethical activity of defendant's counsel; (C) A prohibition against the defendant's going to certain described geographical areas or premises, including an imposition of a restriction that the defendant stay at least one thousand five hundred feet (1,500') from a person's location; (D) A prohibition against the defendant's possessing a dangerous weapon or engaging in certain described activities, including the ingestion of alcohol or certain drugs; and (E) A requirement that the defendant report regularly to and remain under the supervision of an officer of the court. (4) When a no contact order is issued under this section, the court shall inform the defendant of the penalties for failure to comply with the conditions or terms of the order. (5) All terms of a no contact order issued under this section shall be reduced to writing, and a copy shall be given to the defendant. (6) (A) If a defendant violates a no contact order issued under this section, the court shall issue a warrant directing that the defendant be arrested and immediately taken before any court having jurisdiction. (B) The court shall then have authority to detain the defendant for a period of time not to exceed twenty-four (24) hours, unless the violation occurs on a Friday or a holiday, in which case the time period shall be forty-eight (48) hours, during which time the prosecuting attorney shall file a petition to revoke the defendant's appearance bond or modify the conditions of the defendant's release, alleging the following: (i) That the defendant has knowingly violated the terms of a no contact order issued under this section; (ii) That relevant information has become known to the prosecuting attorney warranting the modification of or revocation of the defendant's appearance bond; and (iii) That a law enforcement officer had reasonable grounds to believe that the defendant violated the terms of a no contact order issued under this section and that it was impracticable to secure an arrest warrant at the time of arrest. (C) (i) The defendant shall be entitled to a hearing on the petition to modify or revoke the defendant's appearance bond within forty-eight (48) hours of the defendant's appearance before the court, unless the violation occurs on a Friday or a holiday, in which case the hearing shall be within seventy-two (72) hours. (ii) If after a hearing the court finds that the defendant knowingly violated the terms of a no contact order issued under this section, the court may impose different or additional conditions of release or revoke his or her appearance bond. (c) (1) A court may set the duration of a no contact order issued under this section for an additional period of time after the adjudication of the offense for which the defendant was originally charged if it determines the additional period of time is necessary to protect the safety of a person, persons residing with the person, or members of the person's immediate family. (2) The duration or extension of the no contact order shall not be for more than one (1) year from the date of issuance or, if the original charge is adjudicated with a finding of the defendant's guilt, from the date of sentencing. (d) Upon conviction, violation of a no contact order issued under this section is a Class A misdemeanor. Amended by Act 2023, No. 177,§ 12, eff. 8/1/2023. Amended by Act 2021, No. 799,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 1037,§ 1, eff. 7/24/2019. Acts 2011, No. 589, § 1.

(a) As used in this section: (1) "Court" means a judge or judicial officer; and (2) "No contact order" means an order issued by a court to a defendant at or after his or her first appearance on charges as described under Rule 8.1 of the Arkansas Rules of Criminal Procedure that prohibits the defendant from contacting directly or indirectly a person in any manner or from being within a certain distance of the person's home or place of employment.

(1) "Court" means a judge or judicial officer; and

(2) "No contact order" means an order issued by a court to a defendant at or after his or her first appearance on charges as described under Rule 8.1 of the Arkansas Rules of Criminal Procedure that prohibits the defendant from contacting directly or indirectly a person in any manner or from being within a certain distance of the person's home or place of employment.

(b) (1) A court may issue a no contact order under this section in addition to any other condition of release from custody that is imposed by the court if: (A) The defendant is charged with one (1) or more of the following offenses: (i) Terroristic threatening, § 5-13-301 ; (ii) Trafficking of persons, § 5-18-103 ; or (iii) False imprisonment in the first degree, § 5-11-103 ; or (B) It appears that there exists a danger that a defendant will: (i) Commit a serious crime; (ii) Seek to intimidate a witness; or (iii) Otherwise unlawfully interfere with the orderly administration of justice. (2) The no contact order issued under this section shall be in effect until it is modified or terminated by the court. (3) A no contact order issued under this section may contain, without limitation, the following: (A) The reasons the court issued the no contact order in specific terms and description in reasonable detail of the purpose of the order; (B) (i) A prohibition against the defendant's approaching or communicating with a particular person or class of persons, either through a third party or by telephone, electronic communication, or in writing. (ii) A no contact order issued under this section shall not be deemed to prohibit any lawful or ethical activity of defendant's counsel; (C) A prohibition against the defendant's going to certain described geographical areas or premises, including an imposition of a restriction that the defendant stay at least one thousand five hundred feet (1,500') from a person's location; (D) A prohibition against the defendant's possessing a dangerous weapon or engaging in certain described activities, including the ingestion of alcohol or certain drugs; and (E) A requirement that the defendant report regularly to and remain under the supervision of an officer of the court. (4) When a no contact order is issued under this section, the court shall inform the defendant of the penalties for failure to comply with the conditions or terms of the order. (5) All terms of a no contact order issued under this section shall be reduced to writing, and a copy shall be given to the defendant. (6) (A) If a defendant violates a no contact order issued under this section, the court shall issue a warrant directing that the defendant be arrested and immediately taken before any court having jurisdiction. (B) The court shall then have authority to detain the defendant for a period of time not to exceed twenty-four (24) hours, unless the violation occurs on a Friday or a holiday, in which case the time period shall be forty-eight (48) hours, during which time the prosecuting attorney shall file a petition to revoke the defendant's appearance bond or modify the conditions of the defendant's release, alleging the following: (i) That the defendant has knowingly violated the terms of a no contact order issued under this section; (ii) That relevant information has become known to the prosecuting attorney warranting the modification of or revocation of the defendant's appearance bond; and (iii) That a law enforcement officer had reasonable grounds to believe that the defendant violated the terms of a no contact order issued under this section and that it was impracticable to secure an arrest warrant at the time of arrest. (C) (i) The defendant shall be entitled to a hearing on the petition to modify or revoke the defendant's appearance bond within forty-eight (48) hours of the defendant's appearance before the court, unless the violation occurs on a Friday or a holiday, in which case the hearing shall be within seventy-two (72) hours. (ii) If after a hearing the court finds that the defendant knowingly violated the terms of a no contact order issued under this section, the court may impose different or additional conditions of release or revoke his or her appearance bond.

(1) A court may issue a no contact order under this section in addition to any other condition of release from custody that is imposed by the court if: (A) The defendant is charged with one (1) or more of the following offenses: (i) Terroristic threatening, § 5-13-301 ; (ii) Trafficking of persons, § 5-18-103 ; or (iii) False imprisonment in the first degree, § 5-11-103 ; or (B) It appears that there exists a danger that a defendant will: (i) Commit a serious crime; (ii) Seek to intimidate a witness; or (iii) Otherwise unlawfully interfere with the orderly administration of justice.

(A) The defendant is charged with one (1) or more of the following offenses: (i) Terroristic threatening, § 5-13-301 ; (ii) Trafficking of persons, § 5-18-103 ; or (iii) False imprisonment in the first degree, § 5-11-103 ; or

(i) Terroristic threatening, § 5-13-301 ;

(ii) Trafficking of persons, § 5-18-103 ; or

(iii) False imprisonment in the first degree, § 5-11-103 ; or

(B) It appears that there exists a danger that a defendant will: (i) Commit a serious crime; (ii) Seek to intimidate a witness; or (iii) Otherwise unlawfully interfere with the orderly administration of justice.

(i) Commit a serious crime;

(ii) Seek to intimidate a witness; or

(iii) Otherwise unlawfully interfere with the orderly administration of justice.

(2) The no contact order issued under this section shall be in effect until it is modified or terminated by the court.

(3) A no contact order issued under this section may contain, without limitation, the following: (A) The reasons the court issued the no contact order in specific terms and description in reasonable detail of the purpose of the order; (B) (i) A prohibition against the defendant's approaching or communicating with a particular person or class of persons, either through a third party or by telephone, electronic communication, or in writing. (ii) A no contact order issued under this section shall not be deemed to prohibit any lawful or ethical activity of defendant's counsel; (C) A prohibition against the defendant's going to certain described geographical areas or premises, including an imposition of a restriction that the defendant stay at least one thousand five hundred feet (1,500') from a person's location; (D) A prohibition against the defendant's possessing a dangerous weapon or engaging in certain described activities, including the ingestion of alcohol or certain drugs; and (E) A requirement that the defendant report regularly to and remain under the supervision of an officer of the court.

(A) The reasons the court issued the no contact order in specific terms and description in reasonable detail of the purpose of the order;

(B) (i) A prohibition against the defendant's approaching or communicating with a particular person or class of persons, either through a third party or by telephone, electronic communication, or in writing. (ii) A no contact order issued under this section shall not be deemed to prohibit any lawful or ethical activity of defendant's counsel;

(i) A prohibition against the defendant's approaching or communicating with a particular person or class of persons, either through a third party or by telephone, electronic communication, or in writing.

(ii) A no contact order issued under this section shall not be deemed to prohibit any lawful or ethical activity of defendant's counsel;

(C) A prohibition against the defendant's going to certain described geographical areas or premises, including an imposition of a restriction that the defendant stay at least one thousand five hundred feet (1,500') from a person's location;

(D) A prohibition against the defendant's possessing a dangerous weapon or engaging in certain described activities, including the ingestion of alcohol or certain drugs; and

(E) A requirement that the defendant report regularly to and remain under the supervision of an officer of the court.

(4) When a no contact order is issued under this section, the court shall inform the defendant of the penalties for failure to comply with the conditions or terms of the order.

(5) All terms of a no contact order issued under this section shall be reduced to writing, and a copy shall be given to the defendant.

(6) (A) If a defendant violates a no contact order issued under this section, the court shall issue a warrant directing that the defendant be arrested and immediately taken before any court having jurisdiction. (B) The court shall then have authority to detain the defendant for a period of time not to exceed twenty-four (24) hours, unless the violation occurs on a Friday or a holiday, in which case the time period shall be forty-eight (48) hours, during which time the prosecuting attorney shall file a petition to revoke the defendant's appearance bond or modify the conditions of the defendant's release, alleging the following: (i) That the defendant has knowingly violated the terms of a no contact order issued under this section; (ii) That relevant information has become known to the prosecuting attorney warranting the modification of or revocation of the defendant's appearance bond; and (iii) That a law enforcement officer had reasonable grounds to believe that the defendant violated the terms of a no contact order issued under this section and that it was impracticable to secure an arrest warrant at the time of arrest. (C) (i) The defendant shall be entitled to a hearing on the petition to modify or revoke the defendant's appearance bond within forty-eight (48) hours of the defendant's appearance before the court, unless the violation occurs on a Friday or a holiday, in which case the hearing shall be within seventy-two (72) hours. (ii) If after a hearing the court finds that the defendant knowingly violated the terms of a no contact order issued under this section, the court may impose different or additional conditions of release or revoke his or her appearance bond.

(A) If a defendant violates a no contact order issued under this section, the court shall issue a warrant directing that the defendant be arrested and immediately taken before any court having jurisdiction.

(B) The court shall then have authority to detain the defendant for a period of time not to exceed twenty-four (24) hours, unless the violation occurs on a Friday or a holiday, in which case the time period shall be forty-eight (48) hours, during which time the prosecuting attorney shall file a petition to revoke the defendant's appearance bond or modify the conditions of the defendant's release, alleging the following: (i) That the defendant has knowingly violated the terms of a no contact order issued under this section; (ii) That relevant information has become known to the prosecuting attorney warranting the modification of or revocation of the defendant's appearance bond; and (iii) That a law enforcement officer had reasonable grounds to believe that the defendant violated the terms of a no contact order issued under this section and that it was impracticable to secure an arrest warrant at the time of arrest.

(i) That the defendant has knowingly violated the terms of a no contact order issued under this section;

(ii) That relevant information has become known to the prosecuting attorney warranting the modification of or revocation of the defendant's appearance bond; and

(iii) That a law enforcement officer had reasonable grounds to believe that the defendant violated the terms of a no contact order issued under this section and that it was impracticable to secure an arrest warrant at the time of arrest.

(C) (i) The defendant shall be entitled to a hearing on the petition to modify or revoke the defendant's appearance bond within forty-eight (48) hours of the defendant's appearance before the court, unless the violation occurs on a Friday or a holiday, in which case the hearing shall be within seventy-two (72) hours. (ii) If after a hearing the court finds that the defendant knowingly violated the terms of a no contact order issued under this section, the court may impose different or additional conditions of release or revoke his or her appearance bond.

(i) The defendant shall be entitled to a hearing on the petition to modify or revoke the defendant's appearance bond within forty-eight (48) hours of the defendant's appearance before the court, unless the violation occurs on a Friday or a holiday, in which case the hearing shall be within seventy-two (72) hours.

(ii) If after a hearing the court finds that the defendant knowingly violated the terms of a no contact order issued under this section, the court may impose different or additional conditions of release or revoke his or her appearance bond.

(c) (1) A court may set the duration of a no contact order issued under this section for an additional period of time after the adjudication of the offense for which the defendant was originally charged if it determines the additional period of time is necessary to protect the safety of a person, persons residing with the person, or members of the person's immediate family. (2) The duration or extension of the no contact order shall not be for more than one (1) year from the date of issuance or, if the original charge is adjudicated with a finding of the defendant's guilt, from the date of sentencing.

(1) A court may set the duration of a no contact order issued under this section for an additional period of time after the adjudication of the offense for which the defendant was originally charged if it determines the additional period of time is necessary to protect the safety of a person, persons residing with the person, or members of the person's immediate family.

(2) The duration or extension of the no contact order shall not be for more than one (1) year from the date of issuance or, if the original charge is adjudicated with a finding of the defendant's guilt, from the date of sentencing.

(d) Upon conviction, violation of a no contact order issued under this section is a Class A misdemeanor.

Amended by Act 2023, No. 177,§ 12, eff. 8/1/2023.

Amended by Act 2021, No. 799,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 1037,§ 1, eff. 7/24/2019.

Acts 2011, No. 589, § 1.
Ark. Code Ann. § 16-21-107 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-107
Victim/Witness Coordinator
Status: in_force

(a) This section shall be known as the "Victim/Witness Coordinator Act". (b) There is created a Victim/Witness Coordinator to provide technical assistance and support to all victims of crimes and their families and to witnesses to crimes who are involved in the criminal justice system, to establish programs intended to result in such support, and to provide a communication network for victim/witness programs. (c) The Victim/Witness Coordinator shall be located in the Office of the Prosecutor Coordinator. Acts 1985, No. 408, §§ 1-3; A.S.A. 1947, §§ 24-143 -- 24-145.

(a) This section shall be known as the "Victim/Witness Coordinator Act".

(b) There is created a Victim/Witness Coordinator to provide technical assistance and support to all victims of crimes and their families and to witnesses to crimes who are involved in the criminal justice system, to establish programs intended to result in such support, and to provide a communication network for victim/witness programs.

(c) The Victim/Witness Coordinator shall be located in the Office of the Prosecutor Coordinator.

Acts 1985, No. 408, §§ 1-3; A.S.A. 1947, §§ 24-143 -- 24-145.
Ark. Code Ann. § 16-124-104 — AR Code / Title 16 / Chapter 124 / Section 16-124-104
Damages caused by illegal drug use - Distribution
Status: in_force

(a) One (1) or more of the following persons may bring an action in circuit court for damages caused by use of an illegal drug by an individual: (1) A parent, legal guardian, child, spouse, or sibling of the individual drug user; (2) An individual who was exposed to an illegal drug in utero; (3) An employer of the individual drug user; and (4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user. (b) A person entitled to bring an action under this section may seek damages from one (1) or more of the following: (1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user; or (2) A person who knowingly participated in the illegal drug market if: (A) The place of the illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant; (B) The participation of the defendant in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and (C) The defendant participated in the illegal drug market at any time during the illegal drug use of the individual drug user. (c) A person entitled to bring an action under this section may recover all of the following damages: (1) Economic damages, including, but not limited to: (A) The cost of treatment and rehabilitation; (B) Medical expenses; (C) Loss of economic or educational potential; (D) Loss of productivity; (E) Absenteeism; (F) Support expenses; (G) Accidents or injury; and (H) Any other pecuniary loss proximately caused by the illegal drug use; (2) Noneconomic damages, including, but not limited to: (A) Physical and emotional pain; (B) Suffering; (C) Physical impairment; (D) Emotional distress; (E) Mental anguish; (F) Disfigurement; (G) Loss of enjoyment; (H) Loss of companionship, services, and consortium; and (I) Other nonpecuniary losses proximately caused by an individual's use of an illegal drug; (3) Exemplary damages; (4) Reasonable attorney's fees; and (5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony. Acts 1995, No. 896, § 4.

(a) One (1) or more of the following persons may bring an action in circuit court for damages caused by use of an illegal drug by an individual: (1) A parent, legal guardian, child, spouse, or sibling of the individual drug user; (2) An individual who was exposed to an illegal drug in utero; (3) An employer of the individual drug user; and (4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user.

(1) A parent, legal guardian, child, spouse, or sibling of the individual drug user;

(2) An individual who was exposed to an illegal drug in utero;

(3) An employer of the individual drug user; and

(4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user.

(b) A person entitled to bring an action under this section may seek damages from one (1) or more of the following: (1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user; or (2) A person who knowingly participated in the illegal drug market if: (A) The place of the illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant; (B) The participation of the defendant in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and (C) The defendant participated in the illegal drug market at any time during the illegal drug use of the individual drug user.

(1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user; or

(2) A person who knowingly participated in the illegal drug market if: (A) The place of the illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant; (B) The participation of the defendant in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and (C) The defendant participated in the illegal drug market at any time during the illegal drug use of the individual drug user.

(A) The place of the illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant;

(B) The participation of the defendant in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and

(C) The defendant participated in the illegal drug market at any time during the illegal drug use of the individual drug user.

(c) A person entitled to bring an action under this section may recover all of the following damages: (1) Economic damages, including, but not limited to: (A) The cost of treatment and rehabilitation; (B) Medical expenses; (C) Loss of economic or educational potential; (D) Loss of productivity; (E) Absenteeism; (F) Support expenses; (G) Accidents or injury; and (H) Any other pecuniary loss proximately caused by the illegal drug use; (2) Noneconomic damages, including, but not limited to: (A) Physical and emotional pain; (B) Suffering; (C) Physical impairment; (D) Emotional distress; (E) Mental anguish; (F) Disfigurement; (G) Loss of enjoyment; (H) Loss of companionship, services, and consortium; and (I) Other nonpecuniary losses proximately caused by an individual's use of an illegal drug; (3) Exemplary damages; (4) Reasonable attorney's fees; and (5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.

(1) Economic damages, including, but not limited to: (A) The cost of treatment and rehabilitation; (B) Medical expenses; (C) Loss of economic or educational potential; (D) Loss of productivity; (E) Absenteeism; (F) Support expenses; (G) Accidents or injury; and (H) Any other pecuniary loss proximately caused by the illegal drug use;

(A) The cost of treatment and rehabilitation;

(B) Medical expenses;

(C) Loss of economic or educational potential;

(D) Loss of productivity;

(E) Absenteeism;

(F) Support expenses;

(G) Accidents or injury; and

(H) Any other pecuniary loss proximately caused by the illegal drug use;

(2) Noneconomic damages, including, but not limited to: (A) Physical and emotional pain; (B) Suffering; (C) Physical impairment; (D) Emotional distress; (E) Mental anguish; (F) Disfigurement; (G) Loss of enjoyment; (H) Loss of companionship, services, and consortium; and (I) Other nonpecuniary losses proximately caused by an individual's use of an illegal drug;

(A) Physical and emotional pain;

(B) Suffering;

(C) Physical impairment;

(D) Emotional distress;

(E) Mental anguish;

(F) Disfigurement;

(G) Loss of enjoyment;

(H) Loss of companionship, services, and consortium; and

(I) Other nonpecuniary losses proximately caused by an individual's use of an illegal drug;

(3) Exemplary damages;

(4) Reasonable attorney's fees; and

(5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.

Acts 1995, No. 896, § 4.
Ark. Code Ann. § 16-66-405 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-405
Indemnifying bonds
Status: in_force

(a) (1) If an officer who levies, or is required to levy, an execution upon personal property, doubts whether it is subject to execution, he or she may give to the plaintiff therein, or his or her agent or attorney, notice that an indemnifying bond is required. (2) Bond may, thereupon, be given by or for the plaintiff, with one (1) or more sufficient sureties to be approved by the officer, to the effect that the obligors therein will indemnify him or her against the damage he may sustain in consequence of the seizure or sale of the property, will pay to any claimant thereof the damages he or she may sustain in consequence of the seizure or sale, and will warrant to any purchaser of the property such estate or interest therein as is sold. (3) Thereupon, the officer shall proceed to subject the property to the execution and shall return the indemnifying bond to the circuit court of the county from which the execution issued. (b) If the bond mentioned in subsection (a) of this section is not given, the officer or she may refuse to levy the execution or, if it had been levied, and the bond is not given in a reasonable time after it is required by the officer, he or she may restore the property to the person from whose possession it was taken, and the levy shall stand discharged. (c) (1) The claimant or purchaser of any property, for the seizure or sale of which an indemnifying bond has been taken and returned by the officer, shall be barred of any action against the officer levying upon the property if the surety was good when it was taken. (2) The claimant or purchaser may maintain an action upon the bond and recover such damages as he or she may be entitled to. (d) When property for the sale of which the officer is indemnified sells for more than enough to satisfy the execution under which it was taken, the surplus shall be paid into the court to which the indemnifying bond is directed to be returned. That court may order such disposition or payment of the money to be made temporarily or absolutely as may be proper in respect to the rights of the parties interested. (e) No officer shall require any agent of the State of Arkansas, or any political subdivision thereof, to post an indemnifying bond prior to an execution on personal property. Civil Code, §§ 723-726; C. & M. Dig., §§ 4287-4290; Pope's Dig., §§ 5299-5302; A.S.A. 1947, §§ 30-408 -- 30-411; Acts 1995, No. 1183, § 1.

(a) (1) If an officer who levies, or is required to levy, an execution upon personal property, doubts whether it is subject to execution, he or she may give to the plaintiff therein, or his or her agent or attorney, notice that an indemnifying bond is required. (2) Bond may, thereupon, be given by or for the plaintiff, with one (1) or more sufficient sureties to be approved by the officer, to the effect that the obligors therein will indemnify him or her against the damage he may sustain in consequence of the seizure or sale of the property, will pay to any claimant thereof the damages he or she may sustain in consequence of the seizure or sale, and will warrant to any purchaser of the property such estate or interest therein as is sold. (3) Thereupon, the officer shall proceed to subject the property to the execution and shall return the indemnifying bond to the circuit court of the county from which the execution issued.

(1) If an officer who levies, or is required to levy, an execution upon personal property, doubts whether it is subject to execution, he or she may give to the plaintiff therein, or his or her agent or attorney, notice that an indemnifying bond is required.

(2) Bond may, thereupon, be given by or for the plaintiff, with one (1) or more sufficient sureties to be approved by the officer, to the effect that the obligors therein will indemnify him or her against the damage he may sustain in consequence of the seizure or sale of the property, will pay to any claimant thereof the damages he or she may sustain in consequence of the seizure or sale, and will warrant to any purchaser of the property such estate or interest therein as is sold.

(3) Thereupon, the officer shall proceed to subject the property to the execution and shall return the indemnifying bond to the circuit court of the county from which the execution issued.

(b) If the bond mentioned in subsection (a) of this section is not given, the officer or she may refuse to levy the execution or, if it had been levied, and the bond is not given in a reasonable time after it is required by the officer, he or she may restore the property to the person from whose possession it was taken, and the levy shall stand discharged.

(c) (1) The claimant or purchaser of any property, for the seizure or sale of which an indemnifying bond has been taken and returned by the officer, shall be barred of any action against the officer levying upon the property if the surety was good when it was taken. (2) The claimant or purchaser may maintain an action upon the bond and recover such damages as he or she may be entitled to.

(1) The claimant or purchaser of any property, for the seizure or sale of which an indemnifying bond has been taken and returned by the officer, shall be barred of any action against the officer levying upon the property if the surety was good when it was taken.

(2) The claimant or purchaser may maintain an action upon the bond and recover such damages as he or she may be entitled to.

(d) When property for the sale of which the officer is indemnified sells for more than enough to satisfy the execution under which it was taken, the surplus shall be paid into the court to which the indemnifying bond is directed to be returned. That court may order such disposition or payment of the money to be made temporarily or absolutely as may be proper in respect to the rights of the parties interested.

(e) No officer shall require any agent of the State of Arkansas, or any political subdivision thereof, to post an indemnifying bond prior to an execution on personal property.

Civil Code, §§ 723-726; C. & M. Dig., §§ 4287-4290; Pope's Dig., §§ 5299-5302; A.S.A. 1947, §§ 30-408 -- 30-411; Acts 1995, No. 1183, § 1.
Ark. Code Ann. § 16-10-211 — AR Code / Title 16 / Chapter 10 / Subchapter 2 / Section 16-10-211
Record retention schedule
Status: in_force

(a) All towns, cities, and counties of the State of Arkansas shall maintain records for the district courts and are to: (1) Permanently maintain: (A) Case indices for all district courts; (B) Case dockets for all district courts; (C) Active warrants; (D) Waivers; (E) Expungement and sealed records; (F) Files concerning convictions under the Omnibus DWI or BWI Act, § 5-65-101 et seq.; and (G) Domestic battering files; (2) Maintain for a period of at least seven (7) years and in no event dispose of before being audited: (A) Complete case files and written exhibits for all district courts, not including civil or small claims division cases in which the judgment is not satisfied; (B) Show cause orders; (C) Case information, including arrest reports and affidavits; and (D) Files concerning cases resulting in a suspended imposition of sentence; and (3) Maintain for a period of at least three (3) years and in no event dispose of before being audited: (A) Bank reconciliations; (B) Check book registers and check listings; (C) Cancelled checks; (D) Bank statements; (E) Receipts; (F) Deposit collection records; (G) Receipts listings; (H) Distribution reports; (I) Receipt and disbursement journals; (J) Time payment records; (K) Citation book logs; (L) Citation books from each police department and sheriff's office; (M) Served, recalled, or quashed arrest warrants; (N) Copies of citations; (O) Alternative service or community service time sheets; (P) Uniform filing fees collection remittance forms and fine reports; (Q) Miscellaneous fee and fine collection reports; and (R) Served or unexecuted search warrants. (b) After a town, city, or county has maintained records for the time periods required by subdivision (a)(2) or subdivision (a)(3) of this section and after the records described in subdivision (a)(2) or subdivision (a)(3) of this section have been audited, the records may be destroyed. (c) When records are destroyed under subsection (b) of this section, the town, city, or county shall document the destruction by the following procedure: (1) An affidavit is to be prepared stating: (A) Which records are being destroyed and to which period of time the records apply; and (B) The method of destruction; and (2) The affidavit is to be signed by the town, city, or county employee performing the destruction and one (1) employee of the governing body or, if applicable, governing bodies that contribute to the expenses of the court. (d) In addition to the procedure described in subsection (c) of this section, the approval of the governing body or, if applicable, governing bodies that contribute to the expenses of the court shall be obtained before the destruction of district court records and an appropriate note of the approval indicated in the minutes of the governing body or bodies along with the destruction affidavit. Amended by Act 2015, No. 584,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 299,§ 17, eff. 7/22/2015. Acts 2007, No. 627, § 3; 2009, No. 633, § 6; 2011, No. 1174, § 8.

(a) All towns, cities, and counties of the State of Arkansas shall maintain records for the district courts and are to: (1) Permanently maintain: (A) Case indices for all district courts; (B) Case dockets for all district courts; (C) Active warrants; (D) Waivers; (E) Expungement and sealed records; (F) Files concerning convictions under the Omnibus DWI or BWI Act, § 5-65-101 et seq.; and (G) Domestic battering files; (2) Maintain for a period of at least seven (7) years and in no event dispose of before being audited: (A) Complete case files and written exhibits for all district courts, not including civil or small claims division cases in which the judgment is not satisfied; (B) Show cause orders; (C) Case information, including arrest reports and affidavits; and (D) Files concerning cases resulting in a suspended imposition of sentence; and (3) Maintain for a period of at least three (3) years and in no event dispose of before being audited: (A) Bank reconciliations; (B) Check book registers and check listings; (C) Cancelled checks; (D) Bank statements; (E) Receipts; (F) Deposit collection records; (G) Receipts listings; (H) Distribution reports; (I) Receipt and disbursement journals; (J) Time payment records; (K) Citation book logs; (L) Citation books from each police department and sheriff's office; (M) Served, recalled, or quashed arrest warrants; (N) Copies of citations; (O) Alternative service or community service time sheets; (P) Uniform filing fees collection remittance forms and fine reports; (Q) Miscellaneous fee and fine collection reports; and (R) Served or unexecuted search warrants.

(1) Permanently maintain: (A) Case indices for all district courts; (B) Case dockets for all district courts; (C) Active warrants; (D) Waivers; (E) Expungement and sealed records; (F) Files concerning convictions under the Omnibus DWI or BWI Act, § 5-65-101 et seq.; and (G) Domestic battering files;

(A) Case indices for all district courts;

(B) Case dockets for all district courts;

(C) Active warrants;

(D) Waivers;

(E) Expungement and sealed records;

(F) Files concerning convictions under the Omnibus DWI or BWI Act, § 5-65-101 et seq.; and

(G) Domestic battering files;

(2) Maintain for a period of at least seven (7) years and in no event dispose of before being audited: (A) Complete case files and written exhibits for all district courts, not including civil or small claims division cases in which the judgment is not satisfied; (B) Show cause orders; (C) Case information, including arrest reports and affidavits; and (D) Files concerning cases resulting in a suspended imposition of sentence; and

(A) Complete case files and written exhibits for all district courts, not including civil or small claims division cases in which the judgment is not satisfied;

(B) Show cause orders;

(C) Case information, including arrest reports and affidavits; and

(D) Files concerning cases resulting in a suspended imposition of sentence; and

(3) Maintain for a period of at least three (3) years and in no event dispose of before being audited: (A) Bank reconciliations; (B) Check book registers and check listings; (C) Cancelled checks; (D) Bank statements; (E) Receipts; (F) Deposit collection records; (G) Receipts listings; (H) Distribution reports; (I) Receipt and disbursement journals; (J) Time payment records; (K) Citation book logs; (L) Citation books from each police department and sheriff's office; (M) Served, recalled, or quashed arrest warrants; (N) Copies of citations; (O) Alternative service or community service time sheets; (P) Uniform filing fees collection remittance forms and fine reports; (Q) Miscellaneous fee and fine collection reports; and (R) Served or unexecuted search warrants.

(A) Bank reconciliations;

(B) Check book registers and check listings;

(C) Cancelled checks;

(D) Bank statements;

(E) Receipts;

(F) Deposit collection records;

(G) Receipts listings;

(H) Distribution reports;

(I) Receipt and disbursement journals;

(J) Time payment records;

(K) Citation book logs;

(L) Citation books from each police department and sheriff's office;

(M) Served, recalled, or quashed arrest warrants;

(N) Copies of citations;

(O) Alternative service or community service time sheets;

(P) Uniform filing fees collection remittance forms and fine reports;

(Q) Miscellaneous fee and fine collection reports; and

(R) Served or unexecuted search warrants.

(b) After a town, city, or county has maintained records for the time periods required by subdivision (a)(2) or subdivision (a)(3) of this section and after the records described in subdivision (a)(2) or subdivision (a)(3) of this section have been audited, the records may be destroyed.

(c) When records are destroyed under subsection (b) of this section, the town, city, or county shall document the destruction by the following procedure: (1) An affidavit is to be prepared stating: (A) Which records are being destroyed and to which period of time the records apply; and (B) The method of destruction; and (2) The affidavit is to be signed by the town, city, or county employee performing the destruction and one (1) employee of the governing body or, if applicable, governing bodies that contribute to the expenses of the court.

(1) An affidavit is to be prepared stating: (A) Which records are being destroyed and to which period of time the records apply; and (B) The method of destruction; and

(A) Which records are being destroyed and to which period of time the records apply; and

(B) The method of destruction; and

(2) The affidavit is to be signed by the town, city, or county employee performing the destruction and one (1) employee of the governing body or, if applicable, governing bodies that contribute to the expenses of the court.

(d) In addition to the procedure described in subsection (c) of this section, the approval of the governing body or, if applicable, governing bodies that contribute to the expenses of the court shall be obtained before the destruction of district court records and an appropriate note of the approval indicated in the minutes of the governing body or bodies along with the destruction affidavit.

Amended by Act 2015, No. 584,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 299,§ 17, eff. 7/22/2015.

Acts 2007, No. 627, § 3; 2009, No. 633, § 6; 2011, No. 1174, § 8.
Ark. Code Ann. § 16-17-139 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-139
District court automation funding
Status: in_force

(a) The operating expenses of the District Court State Automation System may be funded through funds received by the Division of Arkansas State Police from the United States Department of Transportation from the safety incentive funds received under 23 U.S.C. § 163 , as it existed on January 1, 2023. (b) The funds may be transferred to the Administrative Office of the Courts as directed by the division. Added by Act 2023, No. 122,§ 37, eff. 7/1/2023.

(a) The operating expenses of the District Court State Automation System may be funded through funds received by the Division of Arkansas State Police from the United States Department of Transportation from the safety incentive funds received under 23 U.S.C. § 163 , as it existed on January 1, 2023.

(b) The funds may be transferred to the Administrative Office of the Courts as directed by the division.

Added by Act 2023, No. 122,§ 37, eff. 7/1/2023.
Ark. Code Ann. § 16-10-313 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-313
Support for State Crime Laboratory
Status: in_force

Notwithstanding §§ 16-10-306 , 16-10-307 , 16-10-603 , 16-10-604 , and 19-5-993 or any other law to the contrary, twenty-five dollars ($25.00) of the uniform filing fee collected in circuit court under § 21-6-403(b)(1) shall be deposited into the State Treasury as special revenues to the credit of the Miscellaneous Agencies Fund Account, there to be used solely for the operations and support of the State Crime Laboratory. These moneys shall be in addition to all other sources of funding for the State Crime Laboratory and shall not be used to supplant any other source of funding for the State Crime Laboratory. Acts 2005, No. 65, § 2.

Notwithstanding §§ 16-10-306 , 16-10-307 , 16-10-603 , 16-10-604 , and 19-5-993 or any other law to the contrary, twenty-five dollars ($25.00) of the uniform filing fee collected in circuit court under § 21-6-403(b)(1) shall be deposited into the State Treasury as special revenues to the credit of the Miscellaneous Agencies Fund Account, there to be used solely for the operations and support of the State Crime Laboratory. These moneys shall be in addition to all other sources of funding for the State Crime Laboratory and shall not be used to supplant any other source of funding for the State Crime Laboratory.

Acts 2005, No. 65, § 2.
Ark. Code Ann. § 16-47-106 — AR Code / Title 16 / Chapter 47 / Subchapter 1 / Section 16-47-106
Manner of making acknowledgment - Proof of deed or instrument - Proof of identity of grantor or witness
Status: in_force

(a) The acknowledgment of deeds and instruments of writing for the conveyance of real estate, or whereby such real estate is to be affected in law or equity, shall be by the grantor appearing in person before a court or officer having the authority by law to take the acknowledgment and stating that he had executed the deed or instrument for the consideration and purposes therein mentioned and set forth. (b) When a deed or instrument referred to in subsection (a) of this section is to be proved, it shall be done by one (1) or more of the subscribing witnesses personally appearing before the proper court or officer and stating on oath that he saw the grantor subscribe the deed or instrument of writing or that the grantor acknowledged in his presence that he had subscribed and executed the deed or instrument for the purposes and consideration therein mentioned, and that he had subscribed the deed or instrument as a witness at the request of the grantor. (c) If any grantor has not acknowledged the execution of a deed or instrument referred to in subsection (a) of this section, and the subscribing witnesses are dead or cannot be had, then the deed or instrument may be proved by the evidence of the handwriting of the grantor and of at least one (1) of the subscribing witnesses, which evidence shall consist of the deposition of two (2) or more disinterested persons, swearing to each signature. (d) When any grantor in any deed or instrument that conveys real estate, or whereby any real estate may be affected in law or equity, or any witness to any like instrument, shall present himself before any court or other officer for the purpose of acknowledging or proving the execution of the deed or instrument, if the grantor or witness shall be personally unknown to the court or officer, his identity and his being the person he purports to be on the face of such instrument of writing shall be proven to the court or officer, which proof may be made by witnesses known to the court or officer, or by the affidavit of the grantor or witness if the court or officer shall be satisfied therewith. The proof or affidavit shall also be endorsed on the deed or instrument of writing. Rev. Stat., ch. 31, §§ 17-20; C. & M. Dig., §§ 1520-1523; Pope's Dig., §§ 1829, 1830, 1832, 1833; A.S.A. 1947, §§ 49-207 -- 49-210.

(a) The acknowledgment of deeds and instruments of writing for the conveyance of real estate, or whereby such real estate is to be affected in law or equity, shall be by the grantor appearing in person before a court or officer having the authority by law to take the acknowledgment and stating that he had executed the deed or instrument for the consideration and purposes therein mentioned and set forth.

(b) When a deed or instrument referred to in subsection (a) of this section is to be proved, it shall be done by one (1) or more of the subscribing witnesses personally appearing before the proper court or officer and stating on oath that he saw the grantor subscribe the deed or instrument of writing or that the grantor acknowledged in his presence that he had subscribed and executed the deed or instrument for the purposes and consideration therein mentioned, and that he had subscribed the deed or instrument as a witness at the request of the grantor.

(c) If any grantor has not acknowledged the execution of a deed or instrument referred to in subsection (a) of this section, and the subscribing witnesses are dead or cannot be had, then the deed or instrument may be proved by the evidence of the handwriting of the grantor and of at least one (1) of the subscribing witnesses, which evidence shall consist of the deposition of two (2) or more disinterested persons, swearing to each signature.

(d) When any grantor in any deed or instrument that conveys real estate, or whereby any real estate may be affected in law or equity, or any witness to any like instrument, shall present himself before any court or other officer for the purpose of acknowledging or proving the execution of the deed or instrument, if the grantor or witness shall be personally unknown to the court or officer, his identity and his being the person he purports to be on the face of such instrument of writing shall be proven to the court or officer, which proof may be made by witnesses known to the court or officer, or by the affidavit of the grantor or witness if the court or officer shall be satisfied therewith. The proof or affidavit shall also be endorsed on the deed or instrument of writing.

Rev. Stat., ch. 31, §§ 17-20; C. & M. Dig., §§ 1520-1523; Pope's Dig., §§ 1829, 1830, 1832, 1833; A.S.A. 1947, §§ 49-207 -- 49-210.
Ark. Code Ann. § 16-95-102 — AR Code / Title 16 / Chapter 95 / Section 16-95-102
"Appropriate court."
Status: in_force

The phrase "appropriate court" as used in the Agreement on Detainers shall, with reference to the courts of this state, mean any and all courts having jurisdiction over criminal matters. Acts 1971, No. 705, § 2; A.S.A. 1947, § 43-3202.

The phrase "appropriate court" as used in the Agreement on Detainers shall, with reference to the courts of this state, mean any and all courts having jurisdiction over criminal matters.

Acts 1971, No. 705, § 2; A.S.A. 1947, § 43-3202.
Ark. Code Ann. § 16-123-101 — AR Code / Title 16 / Chapter 123 / Subchapter 1 / Section 16-123-101
Title
Status: in_force

This subchapter shall be referred to as the "Arkansas Civil Rights Act of 1993". Acts 1993, No. 962, § 1.

This subchapter shall be referred to as the "Arkansas Civil Rights Act of 1993".

Acts 1993, No. 962, § 1.
Ark. Code Ann. § 16-84-104 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-104
Additional security
Status: in_force

There shall be no rules, regulations, or requirements enacted by any judge, magistrate, sheriff, or other officer of the court, requiring any professional bail bondsman or professional bail bond company to post any sum of security in addition to that required by the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board pursuant to § 17-19-205 as a requirement for acceptance or writing bail bonds. Acts 1989, No. 417, § 5; 1997, No. 973, § 3.

There shall be no rules, regulations, or requirements enacted by any judge, magistrate, sheriff, or other officer of the court, requiring any professional bail bondsman or professional bail bond company to post any sum of security in addition to that required by the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board pursuant to § 17-19-205 as a requirement for acceptance or writing bail bonds.

Acts 1989, No. 417, § 5; 1997, No. 973, § 3.
Ark. Code Ann. § 16-112-103 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-103
Petition
Status: in_force

(a) (1) The writ of habeas corpus shall be granted forthwith by any of the officers enumerated in § 16-112-102(a) to any person who shall apply for the writ by petition showing, by affidavit or other evidence, probable cause to believe he or she is detained without lawful authority, is imprisoned when by law he or she is entitled to bail, or who has alleged actual innocence of the offense or offenses for which the person was convicted. (2) The procedures for persons who allege actual innocence shall be in accordance with § 16-112-201 et seq. (b) (1) The writ of habeas corpus shall be granted upon the application, and in the name of the father, mother, guardian, or next friend of any married woman or infant, against any person who shall unlawfully have or detain in custody or bondage any infant or married woman. (2) Similar proceedings shall be had for hearing and determining the cause and affording the relief demanded as in other cases. (c) Writs of habeas corpus shall issue upon the application of the husband, father, mother, guardian, or next friend of any married woman or infant detained by any religious or other association or by persons acting under the authority of the association. The prosecuting attorney, where the detention is made, shall prosecute the writ without fee, if required to do so. (d) If the restraint or confinement is by virtue of any warrant, order, or process, a copy thereof must accompany the petition, or it must appear by affidavit annexed thereto, showing that by reason of the person being concealed before the application, a demand of the copy could not be made, or that the demand was made of the person by whom the prisoner is confined or restrained, and a copy refused. Rev. Stat., ch. 73, art. 1, § 5; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5086-5089; Pope's Dig., §§ 6349-6352; A.S.A. 1947, §§ 34-1703 -- 34-1706; Acts 2001, No. 1780, § 3.

(a) (1) The writ of habeas corpus shall be granted forthwith by any of the officers enumerated in § 16-112-102(a) to any person who shall apply for the writ by petition showing, by affidavit or other evidence, probable cause to believe he or she is detained without lawful authority, is imprisoned when by law he or she is entitled to bail, or who has alleged actual innocence of the offense or offenses for which the person was convicted. (2) The procedures for persons who allege actual innocence shall be in accordance with § 16-112-201 et seq.

(1) The writ of habeas corpus shall be granted forthwith by any of the officers enumerated in § 16-112-102(a) to any person who shall apply for the writ by petition showing, by affidavit or other evidence, probable cause to believe he or she is detained without lawful authority, is imprisoned when by law he or she is entitled to bail, or who has alleged actual innocence of the offense or offenses for which the person was convicted.

(2) The procedures for persons who allege actual innocence shall be in accordance with § 16-112-201 et seq.

(b) (1) The writ of habeas corpus shall be granted upon the application, and in the name of the father, mother, guardian, or next friend of any married woman or infant, against any person who shall unlawfully have or detain in custody or bondage any infant or married woman. (2) Similar proceedings shall be had for hearing and determining the cause and affording the relief demanded as in other cases.

(1) The writ of habeas corpus shall be granted upon the application, and in the name of the father, mother, guardian, or next friend of any married woman or infant, against any person who shall unlawfully have or detain in custody or bondage any infant or married woman.

(2) Similar proceedings shall be had for hearing and determining the cause and affording the relief demanded as in other cases.

(c) Writs of habeas corpus shall issue upon the application of the husband, father, mother, guardian, or next friend of any married woman or infant detained by any religious or other association or by persons acting under the authority of the association. The prosecuting attorney, where the detention is made, shall prosecute the writ without fee, if required to do so.

(d) If the restraint or confinement is by virtue of any warrant, order, or process, a copy thereof must accompany the petition, or it must appear by affidavit annexed thereto, showing that by reason of the person being concealed before the application, a demand of the copy could not be made, or that the demand was made of the person by whom the prisoner is confined or restrained, and a copy refused.

Rev. Stat., ch. 73, art. 1, § 5; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5086-5089; Pope's Dig., §§ 6349-6352; A.S.A. 1947, §§ 34-1703 -- 34-1706; Acts 2001, No. 1780, § 3.
Ark. Code Ann. § 16-47-102 — AR Code / Title 16 / Chapter 47 / Subchapter 1 / Section 16-47-102
Forms of acknowledgments - Validity - Acknowledgments of married persons
Status: in_force

(a) Either the forms of acknowledgments now in use in this state or any other forms which specify, in the caption or otherwise, the state and county or other place where the acknowledgment is taken, and which set out the name of the person acknowledging and, in instances where he or she acknowledges otherwise than in his or her own right, the name of the person, association, or corporation for which he or she acknowledges, and which recite in substance or the equivalent that the execution of the instrument was acknowledged by the person so named as acknowledging, or any other form of acknowledgment provided by law, may be used in the case of all deeds and other instruments in writing for the conveyance of real or personal property, or whereby such property is to be affected in law or equity, and also in any other case where such acknowledgment is for any purpose required or authorized by law. An acknowledgment in any of these forms shall be sufficient to entitle the instrument to be recorded and to be read in evidence. (b) The acknowledgment of a married person, both as to the disposition of his or her own property and as to the relinquishment of dower, curtesy, and homestead in the property of a spouse, may be made in the same form as if he or she were sole and without any examination separate and apart from a spouse, and without necessity for a specific reference therein to the interest so conveyed or relinquished. Acts 1937, No. 44, § 1; Pope's Dig., § 1831; Acts 1981, No. 714, § 3; A.S.A. 1947, § 49-201.

(a) Either the forms of acknowledgments now in use in this state or any other forms which specify, in the caption or otherwise, the state and county or other place where the acknowledgment is taken, and which set out the name of the person acknowledging and, in instances where he or she acknowledges otherwise than in his or her own right, the name of the person, association, or corporation for which he or she acknowledges, and which recite in substance or the equivalent that the execution of the instrument was acknowledged by the person so named as acknowledging, or any other form of acknowledgment provided by law, may be used in the case of all deeds and other instruments in writing for the conveyance of real or personal property, or whereby such property is to be affected in law or equity, and also in any other case where such acknowledgment is for any purpose required or authorized by law. An acknowledgment in any of these forms shall be sufficient to entitle the instrument to be recorded and to be read in evidence.

(b) The acknowledgment of a married person, both as to the disposition of his or her own property and as to the relinquishment of dower, curtesy, and homestead in the property of a spouse, may be made in the same form as if he or she were sole and without any examination separate and apart from a spouse, and without necessity for a specific reference therein to the interest so conveyed or relinquished.

Acts 1937, No. 44, § 1; Pope's Dig., § 1831; Acts 1981, No. 714, § 3; A.S.A. 1947, § 49-201.
Ark. Code Ann. § 16-85-506 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-506
Witnesses - Joint offenders
Status: in_force

In all cases where two (2) or more persons are jointly or otherwise concerned in the commission of any criminal offense, either of the persons may be sworn as a witness in relation to the criminal offense, but the testimony given by the witness in no instance shall be used against him or her in any criminal prosecution for the same offense. Rev. Stat., ch. 45, § 67; C. & M. Dig., § 3122; Pope's Dig., § 3956; A.S.A. 1947, § 43-915; Acts 2005, No. 1994, § 294.

In all cases where two (2) or more persons are jointly or otherwise concerned in the commission of any criminal offense, either of the persons may be sworn as a witness in relation to the criminal offense, but the testimony given by the witness in no instance shall be used against him or her in any criminal prosecution for the same offense.

Rev. Stat., ch. 45, § 67; C. & M. Dig., § 3122; Pope's Dig., § 3956; A.S.A. 1947, § 43-915; Acts 2005, No. 1994, § 294.
Ark. Code Ann. § 16-88-204 — AR Code / Title 16 / Chapter 88 / Subchapter 2 / Section 16-88-204
Application and issuance for order of removal
Status: in_force

(a) (1) The application of the defendant for an order of removal shall be by petition setting forth the facts on account of which the removal is requested. The truth of the allegations in the petition shall be supported by the affidavits of two (2) credible persons who are qualified electors, actual residents of the county, and not related to the defendant in any way. (2) Reasonable notice of the application shall be given to the prosecuting attorney. (3) The court shall hear the application and, after considering the facts set forth in the petition and the affidavits accompanying it and any other affidavits or counter affidavits that may be filed and, after hearing any witnesses produced by either party, shall either grant or refuse the petition according to the truth of the facts alleged in it and established by the evidence. (b) Every order for the removal of a criminal cause under the provisions of this subchapter shall state whether the order is made on the application of the party or on facts within the knowledge of the court or judge making the order, and shall specify the cause of removal, and designate the county to which the cause is to be removed. (c) The order, if made in term time, shall be entered on the record of the proceedings of the court. If made by a judge in vacation, the order shall be in writing and be signed by the judge and shall be filed by the clerk with the petition, if any, as a part of the record. Crim. Code, §§ 415, 417, 418, as added by Acts 1873, No. 98, § 1, p. 156; 1873, No. 98, § 1, p. 234; C. & M. Dig., §§ 3088-3090; Init. Meas. 1936, No. 3, § 27, Acts 1937, p. 1384; Pope's Dig., §§ 3918-3920; A.S.A. 1947, §§ 43-1502 -- 43-1504.

(a) (1) The application of the defendant for an order of removal shall be by petition setting forth the facts on account of which the removal is requested. The truth of the allegations in the petition shall be supported by the affidavits of two (2) credible persons who are qualified electors, actual residents of the county, and not related to the defendant in any way. (2) Reasonable notice of the application shall be given to the prosecuting attorney. (3) The court shall hear the application and, after considering the facts set forth in the petition and the affidavits accompanying it and any other affidavits or counter affidavits that may be filed and, after hearing any witnesses produced by either party, shall either grant or refuse the petition according to the truth of the facts alleged in it and established by the evidence.

(1) The application of the defendant for an order of removal shall be by petition setting forth the facts on account of which the removal is requested. The truth of the allegations in the petition shall be supported by the affidavits of two (2) credible persons who are qualified electors, actual residents of the county, and not related to the defendant in any way.

(2) Reasonable notice of the application shall be given to the prosecuting attorney.

(3) The court shall hear the application and, after considering the facts set forth in the petition and the affidavits accompanying it and any other affidavits or counter affidavits that may be filed and, after hearing any witnesses produced by either party, shall either grant or refuse the petition according to the truth of the facts alleged in it and established by the evidence.

(b) Every order for the removal of a criminal cause under the provisions of this subchapter shall state whether the order is made on the application of the party or on facts within the knowledge of the court or judge making the order, and shall specify the cause of removal, and designate the county to which the cause is to be removed.

(c) The order, if made in term time, shall be entered on the record of the proceedings of the court. If made by a judge in vacation, the order shall be in writing and be signed by the judge and shall be filed by the clerk with the petition, if any, as a part of the record.

Crim. Code, §§ 415, 417, 418, as added by Acts 1873, No. 98, § 1, p. 156; 1873, No. 98, § 1, p. 234; C. & M. Dig., §§ 3088-3090; Init. Meas. 1936, No. 3, § 27, Acts 1937, p. 1384; Pope's Dig., §§ 3918-3920; A.S.A. 1947, §§ 43-1502 -- 43-1504.
Ark. Code Ann. § 16-123-402 — AR Code / Title 16 / Chapter 123 / Subchapter 4 / Section 16-123-402
Legislative intent
Status: in_force

It is the intent of the General Assembly: (1) To restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963), and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases in which free exercise of religion is substantially burdened; (2) That this subchapter be interpreted consistent with the Religious Freedom Restoration Act of 1993, 42 U.S.C. § 2000bb , federal case law, and federal jurisprudence; and (3) To provide a claim or defense to persons whose religious exercise is substantially burdened by government. Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.

It is the intent of the General Assembly:

(1) To restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963), and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases in which free exercise of religion is substantially burdened;

(2) That this subchapter be interpreted consistent with the Religious Freedom Restoration Act of 1993, 42 U.S.C. § 2000bb , federal case law, and federal jurisprudence; and

(3) To provide a claim or defense to persons whose religious exercise is substantially burdened by government.

Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.
Ark. Code Ann. § 16-88-212 — AR Code / Title 16 / Chapter 88 / Subchapter 2 / Section 16-88-212
Costs and expenses of removal
Status: in_force

The costs and expenses necessarily incurred in the removal of any cause under the provisions of this subchapter shall be adjusted and allowed by the court where the cause is tried and shall be taxed and collected as other costs in the cause. Crim. Code, § 429, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3101; Pope's Dig., § 3931; A.S.A. 1947, § 43-1515.

The costs and expenses necessarily incurred in the removal of any cause under the provisions of this subchapter shall be adjusted and allowed by the court where the cause is tried and shall be taxed and collected as other costs in the cause.

Crim. Code, § 429, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3101; Pope's Dig., § 3931; A.S.A. 1947, § 43-1515.