Ark. Code Ann. § 16-93-1802 — AR Code / Title 16 / Chapter 93 / Subchapter 18 / Section 16-93-1802
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Felony ineligible to receive earned release credits" means a felony offense for which a person is not eligible for release until one hundred percent (100%) of the sentence imposed by the sentencing court has been served. (B) "Felony ineligible to receive earned release credits" includes only the following felony offenses, or an attempt, solicitation, or conspiracy to commit one (1) of the following felony offenses: (i) Capital murder, § 5-10-101 ; (ii) Murder in the first degree, § 5-10-102 ; (iii) Aggravated death by delivery, § 5-10-202 ; (iv) Kidnapping, § 5-11-102 , if a Class Y felony; (v) Aggravated robbery, § 5-12-103 ; (vi) Rape, § 5-14-103 ; (vii) Trafficking of persons, § 5-18-103 ; (viii) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (ix) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (x) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (xi) Internet stalking of a child, § 5-27-306 ; (xii) Sexually grooming a child, § 5-27-307 , if a felony offense; (xiii) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (xiv) Computer exploitation of a child, § 5-27-605 ; (xv) Causing a catastrophe, § 5-38-202(a) ; (xvi) Aggravated residential burglary, § 5-39-204 , if a Class Y felony; (xvii) Treason, § 5-51-201 ; (xviii) Fleeing, § 5-54-125 , if a Class B felony; (xix) Predatory marketing of fentanyl to minors, § 5-64-421(i) ; and (xx) Possession of firearms by certain persons, § 5-73-103 , if a Class B felony; and (2) (A) "Restricted release felony" means a felony offense for which a person is not eligible for release until at least eighty-five percent (85%) of the sentence imposed by the sentencing court has been served. (B) "Restricted release felony" includes only the following felony offenses, or an attempt, solicitation, or conspiracy to commit one (1) of the following felony offenses: (i) Murder in the second degree, § 5-10-103 ; (ii) Manslaughter, § 5-10-104 ; (iii) Negligent homicide, § 5-10-105 , if a Class B felony; (iv) Encouraging the suicide of another person, § 5-10-107 ; (v) Death by delivery in the first degree, § 5-10-203 ; (vi) Death by delivery in the second degree, § 5-10-204 ; (vii) Kidnapping, § 5-11-102 , if a Class B felony; (viii) Battery in the first degree, § 5-13-201 ; (ix) Terroristic act, § 5-13-310 ; (x) Sexual indecency with a child, § 5-14-110 ; (xi) Sexual extortion, § 5-14-113 ; (xii) Exposing another person to human immunodeficiency virus, § 5-14-123 ; (xiii) Sexual assault in the first degree, § 5-14-124 ; (xiv) Unlawful female genital mutilation of a minor, § 5-14-136 ; (xv) Crime of video voyeurism, § 5-16-101 , if a Class C felony offense; (xvi) Voyeurism, § 5-16-102 , if a Class C felony offense; (xvii) Patronizing a victim of human trafficking, § 5-18-104 ; (xviii) Grooming a minor for future sex trafficking, § 5-18-106 ; (xix) Traveling for the purpose of an unlawful sex act with a minor, § 5-18-107 ; (xx) Domestic battering in the first degree, § 5-26-303 ; (xxi) Aggravated assault on a family or household member, § 5-26-306 , if under § 5-26-306(a)(3) ; (xxii) Permitting abuse of a minor, § 5-27-221 , if a Class B felony; (xxiii) Exposing a child to a chemical substance or methamphetamine, § 5-27-230 ; (xxiv) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (xxv) Arson, § 5-38-301 , if a Class Y felony; (xxvi) Aggravated residential burglary, § 5-39-204 , if a Class A felony; (xxvii) Advocating assassination or overthrow of government, § 5-51-202 ; (xxviii) First degree escape, § 5-54-110 ; (xxix) Soliciting material support for terrorism, § 5-54-202(a) ; (xxx) Providing material support for a terrorist act, § 5-54-202(b) ; (xxxi) Making a terrorist threat, § 5-54-203 ; (xxxii) Falsely communicating a terrorist threat, 5-54-204 ; (xxxiii) Terrorism, § 5-54-205 ; (xxxiv) Hindering prosecution of terrorism, § 5-54-207 ; (xxxv) Exposing the public to toxic biological, chemical, or radioactive substances, § 5-54-208 ; (xxxvi) Use of a hoax substance or hoax bomb, § 5-54-209 ; (xxxvii) Engaging in a continuing criminal enterprise, § 5-64-405 ; (xxxviii) Delivery of fentanyl, § 5-64-421(c) ; (xxxix) Manufacture of fentanyl, § 5-64-421(d) ; (xl) Trafficking a controlled substance, § 5-64-440 ; (xli) Driving or boating while intoxicated, sixth or subsequent offense, § 5-65-111(f) ; (xlii) Promoting prostitution in the first degree, § 5-70-104 , if a Class B felony; (xliii) Arming rioters, § 5-71-204 ; (xliv) Criminal use of prohibited weapons, § 5-73-104 , if a Class B felony; (xlv) Criminal possession of explosive material or a destructive device, § 5-73-108(a) ; (xlvi) Criminal distribution of explosive material, § 5-73-108(b) ; (xlvii) Possession of stolen explosive material, § 5-73-108(c) ; (xlviii) Unlawful receipt or possession of an explosive material, § 5-73-108(d) ; (xlix) Theft of any explosive material with the purpose to cause harm to a person or property, § 5-73-108(f) ; (l) Possession or use of weapons by incarcerated persons, § 5-73-131 ; (li) Possession or use of a machine gun in the course of a criminal offense, § 5-73-211 ; (lii) Unlawful discharge of a firearm from a vehicle in the first degree, § 5-74-107(a) ; (liii) Using a born-alive infant for scientific research or other kind of experimentation, § 20-16-604(i) ; (liv) Partial-birth abortion, § 20-16-1203 ; and (lv) Performing an abortion in violation of the Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20-16-1801 et seq. Amended by Act 2023, No. 584,§ 7, eff. 1/1/2024. Amended by Act 2023, No. 584,§ 6, eff. 1/1/2024. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

As used in this subchapter:

(1) (A) "Felony ineligible to receive earned release credits" means a felony offense for which a person is not eligible for release until one hundred percent (100%) of the sentence imposed by the sentencing court has been served. (B) "Felony ineligible to receive earned release credits" includes only the following felony offenses, or an attempt, solicitation, or conspiracy to commit one (1) of the following felony offenses: (i) Capital murder, § 5-10-101 ; (ii) Murder in the first degree, § 5-10-102 ; (iii) Aggravated death by delivery, § 5-10-202 ; (iv) Kidnapping, § 5-11-102 , if a Class Y felony; (v) Aggravated robbery, § 5-12-103 ; (vi) Rape, § 5-14-103 ; (vii) Trafficking of persons, § 5-18-103 ; (viii) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (ix) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (x) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (xi) Internet stalking of a child, § 5-27-306 ; (xii) Sexually grooming a child, § 5-27-307 , if a felony offense; (xiii) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (xiv) Computer exploitation of a child, § 5-27-605 ; (xv) Causing a catastrophe, § 5-38-202(a) ; (xvi) Aggravated residential burglary, § 5-39-204 , if a Class Y felony; (xvii) Treason, § 5-51-201 ; (xviii) Fleeing, § 5-54-125 , if a Class B felony; (xix) Predatory marketing of fentanyl to minors, § 5-64-421(i) ; and (xx) Possession of firearms by certain persons, § 5-73-103 , if a Class B felony; and

(A) "Felony ineligible to receive earned release credits" means a felony offense for which a person is not eligible for release until one hundred percent (100%) of the sentence imposed by the sentencing court has been served.

(B) "Felony ineligible to receive earned release credits" includes only the following felony offenses, or an attempt, solicitation, or conspiracy to commit one (1) of the following felony offenses: (i) Capital murder, § 5-10-101 ; (ii) Murder in the first degree, § 5-10-102 ; (iii) Aggravated death by delivery, § 5-10-202 ; (iv) Kidnapping, § 5-11-102 , if a Class Y felony; (v) Aggravated robbery, § 5-12-103 ; (vi) Rape, § 5-14-103 ; (vii) Trafficking of persons, § 5-18-103 ; (viii) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (ix) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (x) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (xi) Internet stalking of a child, § 5-27-306 ; (xii) Sexually grooming a child, § 5-27-307 , if a felony offense; (xiii) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (xiv) Computer exploitation of a child, § 5-27-605 ; (xv) Causing a catastrophe, § 5-38-202(a) ; (xvi) Aggravated residential burglary, § 5-39-204 , if a Class Y felony; (xvii) Treason, § 5-51-201 ; (xviii) Fleeing, § 5-54-125 , if a Class B felony; (xix) Predatory marketing of fentanyl to minors, § 5-64-421(i) ; and (xx) Possession of firearms by certain persons, § 5-73-103 , if a Class B felony; and

(i) Capital murder, § 5-10-101 ;

(ii) Murder in the first degree, § 5-10-102 ;

(iii) Aggravated death by delivery, § 5-10-202 ;

(iv) Kidnapping, § 5-11-102 , if a Class Y felony;

(v) Aggravated robbery, § 5-12-103 ;

(vi) Rape, § 5-14-103 ;

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

(viii) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ;

(ix) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ;

(x) Transportation of minors for prohibited sexual conduct, § 5-27-305 ;

(xi) Internet stalking of a child, § 5-27-306 ;

(xii) Sexually grooming a child, § 5-27-307 , if a felony offense;

(xiii) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ;

(xiv) Computer exploitation of a child, § 5-27-605 ;

(xv) Causing a catastrophe, § 5-38-202(a) ;

(xvi) Aggravated residential burglary, § 5-39-204 , if a Class Y felony;

(xvii) Treason, § 5-51-201 ;

(xviii) Fleeing, § 5-54-125 , if a Class B felony;

(xix) Predatory marketing of fentanyl to minors, § 5-64-421(i) ; and

(xx) Possession of firearms by certain persons, § 5-73-103 , if a Class B felony; and

(2) (A) "Restricted release felony" means a felony offense for which a person is not eligible for release until at least eighty-five percent (85%) of the sentence imposed by the sentencing court has been served. (B) "Restricted release felony" includes only the following felony offenses, or an attempt, solicitation, or conspiracy to commit one (1) of the following felony offenses: (i) Murder in the second degree, § 5-10-103 ; (ii) Manslaughter, § 5-10-104 ; (iii) Negligent homicide, § 5-10-105 , if a Class B felony; (iv) Encouraging the suicide of another person, § 5-10-107 ; (v) Death by delivery in the first degree, § 5-10-203 ; (vi) Death by delivery in the second degree, § 5-10-204 ; (vii) Kidnapping, § 5-11-102 , if a Class B felony; (viii) Battery in the first degree, § 5-13-201 ; (ix) Terroristic act, § 5-13-310 ; (x) Sexual indecency with a child, § 5-14-110 ; (xi) Sexual extortion, § 5-14-113 ; (xii) Exposing another person to human immunodeficiency virus, § 5-14-123 ; (xiii) Sexual assault in the first degree, § 5-14-124 ; (xiv) Unlawful female genital mutilation of a minor, § 5-14-136 ; (xv) Crime of video voyeurism, § 5-16-101 , if a Class C felony offense; (xvi) Voyeurism, § 5-16-102 , if a Class C felony offense; (xvii) Patronizing a victim of human trafficking, § 5-18-104 ; (xviii) Grooming a minor for future sex trafficking, § 5-18-106 ; (xix) Traveling for the purpose of an unlawful sex act with a minor, § 5-18-107 ; (xx) Domestic battering in the first degree, § 5-26-303 ; (xxi) Aggravated assault on a family or household member, § 5-26-306 , if under § 5-26-306(a)(3) ; (xxii) Permitting abuse of a minor, § 5-27-221 , if a Class B felony; (xxiii) Exposing a child to a chemical substance or methamphetamine, § 5-27-230 ; (xxiv) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (xxv) Arson, § 5-38-301 , if a Class Y felony; (xxvi) Aggravated residential burglary, § 5-39-204 , if a Class A felony; (xxvii) Advocating assassination or overthrow of government, § 5-51-202 ; (xxviii) First degree escape, § 5-54-110 ; (xxix) Soliciting material support for terrorism, § 5-54-202(a) ; (xxx) Providing material support for a terrorist act, § 5-54-202(b) ; (xxxi) Making a terrorist threat, § 5-54-203 ; (xxxii) Falsely communicating a terrorist threat, 5-54-204 ; (xxxiii) Terrorism, § 5-54-205 ; (xxxiv) Hindering prosecution of terrorism, § 5-54-207 ; (xxxv) Exposing the public to toxic biological, chemical, or radioactive substances, § 5-54-208 ; (xxxvi) Use of a hoax substance or hoax bomb, § 5-54-209 ; (xxxvii) Engaging in a continuing criminal enterprise, § 5-64-405 ; (xxxviii) Delivery of fentanyl, § 5-64-421(c) ; (xxxix) Manufacture of fentanyl, § 5-64-421(d) ; (xl) Trafficking a controlled substance, § 5-64-440 ; (xli) Driving or boating while intoxicated, sixth or subsequent offense, § 5-65-111(f) ; (xlii) Promoting prostitution in the first degree, § 5-70-104 , if a Class B felony; (xliii) Arming rioters, § 5-71-204 ; (xliv) Criminal use of prohibited weapons, § 5-73-104 , if a Class B felony; (xlv) Criminal possession of explosive material or a destructive device, § 5-73-108(a) ; (xlvi) Criminal distribution of explosive material, § 5-73-108(b) ; (xlvii) Possession of stolen explosive material, § 5-73-108(c) ; (xlviii) Unlawful receipt or possession of an explosive material, § 5-73-108(d) ; (xlix) Theft of any explosive material with the purpose to cause harm to a person or property, § 5-73-108(f) ; (l) Possession or use of weapons by incarcerated persons, § 5-73-131 ; (li) Possession or use of a machine gun in the course of a criminal offense, § 5-73-211 ; (lii) Unlawful discharge of a firearm from a vehicle in the first degree, § 5-74-107(a) ; (liii) Using a born-alive infant for scientific research or other kind of experimentation, § 20-16-604(i) ; (liv) Partial-birth abortion, § 20-16-1203 ; and (lv) Performing an abortion in violation of the Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20-16-1801 et seq.

(A) "Restricted release felony" means a felony offense for which a person is not eligible for release until at least eighty-five percent (85%) of the sentence imposed by the sentencing court has been served.

(B) "Restricted release felony" includes only the following felony offenses, or an attempt, solicitation, or conspiracy to commit one (1) of the following felony offenses: (i) Murder in the second degree, § 5-10-103 ; (ii) Manslaughter, § 5-10-104 ; (iii) Negligent homicide, § 5-10-105 , if a Class B felony; (iv) Encouraging the suicide of another person, § 5-10-107 ; (v) Death by delivery in the first degree, § 5-10-203 ; (vi) Death by delivery in the second degree, § 5-10-204 ; (vii) Kidnapping, § 5-11-102 , if a Class B felony; (viii) Battery in the first degree, § 5-13-201 ; (ix) Terroristic act, § 5-13-310 ; (x) Sexual indecency with a child, § 5-14-110 ; (xi) Sexual extortion, § 5-14-113 ; (xii) Exposing another person to human immunodeficiency virus, § 5-14-123 ; (xiii) Sexual assault in the first degree, § 5-14-124 ; (xiv) Unlawful female genital mutilation of a minor, § 5-14-136 ; (xv) Crime of video voyeurism, § 5-16-101 , if a Class C felony offense; (xvi) Voyeurism, § 5-16-102 , if a Class C felony offense; (xvii) Patronizing a victim of human trafficking, § 5-18-104 ; (xviii) Grooming a minor for future sex trafficking, § 5-18-106 ; (xix) Traveling for the purpose of an unlawful sex act with a minor, § 5-18-107 ; (xx) Domestic battering in the first degree, § 5-26-303 ; (xxi) Aggravated assault on a family or household member, § 5-26-306 , if under § 5-26-306(a)(3) ; (xxii) Permitting abuse of a minor, § 5-27-221 , if a Class B felony; (xxiii) Exposing a child to a chemical substance or methamphetamine, § 5-27-230 ; (xxiv) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (xxv) Arson, § 5-38-301 , if a Class Y felony; (xxvi) Aggravated residential burglary, § 5-39-204 , if a Class A felony; (xxvii) Advocating assassination or overthrow of government, § 5-51-202 ; (xxviii) First degree escape, § 5-54-110 ; (xxix) Soliciting material support for terrorism, § 5-54-202(a) ; (xxx) Providing material support for a terrorist act, § 5-54-202(b) ; (xxxi) Making a terrorist threat, § 5-54-203 ; (xxxii) Falsely communicating a terrorist threat, 5-54-204 ; (xxxiii) Terrorism, § 5-54-205 ; (xxxiv) Hindering prosecution of terrorism, § 5-54-207 ; (xxxv) Exposing the public to toxic biological, chemical, or radioactive substances, § 5-54-208 ; (xxxvi) Use of a hoax substance or hoax bomb, § 5-54-209 ; (xxxvii) Engaging in a continuing criminal enterprise, § 5-64-405 ; (xxxviii) Delivery of fentanyl, § 5-64-421(c) ; (xxxix) Manufacture of fentanyl, § 5-64-421(d) ; (xl) Trafficking a controlled substance, § 5-64-440 ; (xli) Driving or boating while intoxicated, sixth or subsequent offense, § 5-65-111(f) ; (xlii) Promoting prostitution in the first degree, § 5-70-104 , if a Class B felony; (xliii) Arming rioters, § 5-71-204 ; (xliv) Criminal use of prohibited weapons, § 5-73-104 , if a Class B felony; (xlv) Criminal possession of explosive material or a destructive device, § 5-73-108(a) ; (xlvi) Criminal distribution of explosive material, § 5-73-108(b) ; (xlvii) Possession of stolen explosive material, § 5-73-108(c) ; (xlviii) Unlawful receipt or possession of an explosive material, § 5-73-108(d) ; (xlix) Theft of any explosive material with the purpose to cause harm to a person or property, § 5-73-108(f) ; (l) Possession or use of weapons by incarcerated persons, § 5-73-131 ; (li) Possession or use of a machine gun in the course of a criminal offense, § 5-73-211 ; (lii) Unlawful discharge of a firearm from a vehicle in the first degree, § 5-74-107(a) ; (liii) Using a born-alive infant for scientific research or other kind of experimentation, § 20-16-604(i) ; (liv) Partial-birth abortion, § 20-16-1203 ; and (lv) Performing an abortion in violation of the Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20-16-1801 et seq.

(i) Murder in the second degree, § 5-10-103 ;

(ii) Manslaughter, § 5-10-104 ;

(iii) Negligent homicide, § 5-10-105 , if a Class B felony;

(iv) Encouraging the suicide of another person, § 5-10-107 ;

(v) Death by delivery in the first degree, § 5-10-203 ;

(vi) Death by delivery in the second degree, § 5-10-204 ;

(vii) Kidnapping, § 5-11-102 , if a Class B felony;

(viii) Battery in the first degree, § 5-13-201 ;

(ix) Terroristic act, § 5-13-310 ;

(x) Sexual indecency with a child, § 5-14-110 ;

(xi) Sexual extortion, § 5-14-113 ;

(xii) Exposing another person to human immunodeficiency virus, § 5-14-123 ;

(xiii) Sexual assault in the first degree, § 5-14-124 ;

(xiv) Unlawful female genital mutilation of a minor, § 5-14-136 ;

(xv) Crime of video voyeurism, § 5-16-101 , if a Class C felony offense;

(xvi) Voyeurism, § 5-16-102 , if a Class C felony offense;

(xvii) Patronizing a victim of human trafficking, § 5-18-104 ;

(xviii) Grooming a minor for future sex trafficking, § 5-18-106 ;

(xix) Traveling for the purpose of an unlawful sex act with a minor, § 5-18-107 ;

(xx) Domestic battering in the first degree, § 5-26-303 ;

(xxi) Aggravated assault on a family or household member, § 5-26-306 , if under § 5-26-306(a)(3) ;

(xxii) Permitting abuse of a minor, § 5-27-221 , if a Class B felony;

(xxiii) Exposing a child to a chemical substance or methamphetamine, § 5-27-230 ;

(xxiv) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ;

(xxv) Arson, § 5-38-301 , if a Class Y felony;

(xxvi) Aggravated residential burglary, § 5-39-204 , if a Class A felony;

(xxvii) Advocating assassination or overthrow of government, § 5-51-202 ;

(xxviii) First degree escape, § 5-54-110 ;

(xxix) Soliciting material support for terrorism, § 5-54-202(a) ;

(xxx) Providing material support for a terrorist act, § 5-54-202(b) ;

(xxxi) Making a terrorist threat, § 5-54-203 ;

(xxxii) Falsely communicating a terrorist threat, 5-54-204 ;

(xxxiii) Terrorism, § 5-54-205 ;

(xxxiv) Hindering prosecution of terrorism, § 5-54-207 ;

(xxxv) Exposing the public to toxic biological, chemical, or radioactive substances, § 5-54-208 ;

(xxxvi) Use of a hoax substance or hoax bomb, § 5-54-209 ;

(xxxvii) Engaging in a continuing criminal enterprise, § 5-64-405 ;

(xxxviii) Delivery of fentanyl, § 5-64-421(c) ;

(xxxix) Manufacture of fentanyl, § 5-64-421(d) ;

(xl) Trafficking a controlled substance, § 5-64-440 ;

(xli) Driving or boating while intoxicated, sixth or subsequent offense, § 5-65-111(f) ;

(xlii) Promoting prostitution in the first degree, § 5-70-104 , if a Class B felony;

(xliii) Arming rioters, § 5-71-204 ;

(xliv) Criminal use of prohibited weapons, § 5-73-104 , if a Class B felony;

(xlv) Criminal possession of explosive material or a destructive device, § 5-73-108(a) ;

(xlvi) Criminal distribution of explosive material, § 5-73-108(b) ;

(xlvii) Possession of stolen explosive material, § 5-73-108(c) ;

(xlviii) Unlawful receipt or possession of an explosive material, § 5-73-108(d) ;

(xlix) Theft of any explosive material with the purpose to cause harm to a person or property, § 5-73-108(f) ;

(l) Possession or use of weapons by incarcerated persons, § 5-73-131 ;

(li) Possession or use of a machine gun in the course of a criminal offense, § 5-73-211 ;

(lii) Unlawful discharge of a firearm from a vehicle in the first degree, § 5-74-107(a) ;

(liii) Using a born-alive infant for scientific research or other kind of experimentation, § 20-16-604(i) ;

(liv) Partial-birth abortion, § 20-16-1203 ; and

(lv) Performing an abortion in violation of the Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20-16-1801 et seq.

Amended by Act 2023, No. 584,§ 7, eff. 1/1/2024.

Amended by Act 2023, No. 584,§ 6, eff. 1/1/2024.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-93-1810 — AR Code / Title 16 / Chapter 93 / Subchapter 18 / Section 16-93-1810
Notices required for hearings on transfer to post-release supervision
Status: in_force

(a) (1) Before the Post-Prison Transfer Board grants a transfer of an inmate to post-release supervision, the board shall solicit the written recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed. (2) Notification of the committing court, the prosecuting attorney, county sheriff, and the victim or the victim's next of kin for an inmate under sentence for an offense governed by this section shall follow the procedures stated in this section. (b) (1) If the inmate whose transfer to post-release supervision is being considered by the board is under sentence for a felony other than a felony in the target group as defined in § 16-93-1202 , the board shall also notify the victim of the offense or the victim's next of kin of the transfer hearing and shall solicit written recommendations from the victim or his or her next of kin regarding the granting of the transfer unless the prosecuting attorney has notified the board at the time of commitment of the inmate that the victim or his or her next of kin does not desire to be notified of future transfer hearings. (2) The written recommendations received under subdivision (b)(1) of this section are not binding upon the board in the granting of any transfer to post-release supervision but are maintained in the inmate's record. (3) When soliciting written recommendations from a victim of an offense, the board shall notify the victim or his or her next of kin of the date, time, and place of the transfer hearing. (c) (1) The board shall not schedule transfer hearings at which victims or the next of kin of victims of offenses are invited to appear at a facility where inmates are housed other than the Department of Corrections Headquarters building in North Little Rock. (2) The board may conduct transfer hearings in two (2) sessions: (A) One (1) session at the place of the inmate's incarceration with the inmate, the inmate's witnesses, and correctional facility personnel; and (B) One (1) session for victims and the next of kin of victims as stated in this section. (d) (1) At the time that any inmate eligible for transfer to post-release supervision under this section is transferred by the board, the Division of Community Correction shall give written notice of the granting of the transfer to post-release supervision to the: (A) County sheriff; (B) Prosecuting attorney of the judicial district; (C) Committing court; and (D) Chief of police of each city of the first class of the county from which the inmate was sentenced. (2) If the inmate is transferred to a county other than the county from which he or she was committed, the board shall give notice to the chief of police or marshal of the city or town to which the inmate is transferred and to the county sheriff and prosecuting attorney of the county from which the inmate was committed. (e) (1) The prosecuting attorney of the county from which the inmate was committed shall notify the board at the time of commitment of the desire of the victim or his or her next of kin to be notified of any future transfer hearings and to forward to the board the last known address and telephone number of the victim or his or her next of kin. (2) It is the responsibility of the victim or his or her next of kin to notify the board of any change in address or phone number. (3) It is the responsibility of the victim or his or her next of kin to notify the board after the date of commitment of any change in regard to the desire to be notified of any future transfer hearings. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) (1) Before the Post-Prison Transfer Board grants a transfer of an inmate to post-release supervision, the board shall solicit the written recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed. (2) Notification of the committing court, the prosecuting attorney, county sheriff, and the victim or the victim's next of kin for an inmate under sentence for an offense governed by this section shall follow the procedures stated in this section.

(1) Before the Post-Prison Transfer Board grants a transfer of an inmate to post-release supervision, the board shall solicit the written recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed.

(2) Notification of the committing court, the prosecuting attorney, county sheriff, and the victim or the victim's next of kin for an inmate under sentence for an offense governed by this section shall follow the procedures stated in this section.

(b) (1) If the inmate whose transfer to post-release supervision is being considered by the board is under sentence for a felony other than a felony in the target group as defined in § 16-93-1202 , the board shall also notify the victim of the offense or the victim's next of kin of the transfer hearing and shall solicit written recommendations from the victim or his or her next of kin regarding the granting of the transfer unless the prosecuting attorney has notified the board at the time of commitment of the inmate that the victim or his or her next of kin does not desire to be notified of future transfer hearings. (2) The written recommendations received under subdivision (b)(1) of this section are not binding upon the board in the granting of any transfer to post-release supervision but are maintained in the inmate's record. (3) When soliciting written recommendations from a victim of an offense, the board shall notify the victim or his or her next of kin of the date, time, and place of the transfer hearing.

(1) If the inmate whose transfer to post-release supervision is being considered by the board is under sentence for a felony other than a felony in the target group as defined in § 16-93-1202 , the board shall also notify the victim of the offense or the victim's next of kin of the transfer hearing and shall solicit written recommendations from the victim or his or her next of kin regarding the granting of the transfer unless the prosecuting attorney has notified the board at the time of commitment of the inmate that the victim or his or her next of kin does not desire to be notified of future transfer hearings.

(2) The written recommendations received under subdivision (b)(1) of this section are not binding upon the board in the granting of any transfer to post-release supervision but are maintained in the inmate's record.

(3) When soliciting written recommendations from a victim of an offense, the board shall notify the victim or his or her next of kin of the date, time, and place of the transfer hearing.

(c) (1) The board shall not schedule transfer hearings at which victims or the next of kin of victims of offenses are invited to appear at a facility where inmates are housed other than the Department of Corrections Headquarters building in North Little Rock. (2) The board may conduct transfer hearings in two (2) sessions: (A) One (1) session at the place of the inmate's incarceration with the inmate, the inmate's witnesses, and correctional facility personnel; and (B) One (1) session for victims and the next of kin of victims as stated in this section.

(1) The board shall not schedule transfer hearings at which victims or the next of kin of victims of offenses are invited to appear at a facility where inmates are housed other than the Department of Corrections Headquarters building in North Little Rock.

(2) The board may conduct transfer hearings in two (2) sessions: (A) One (1) session at the place of the inmate's incarceration with the inmate, the inmate's witnesses, and correctional facility personnel; and (B) One (1) session for victims and the next of kin of victims as stated in this section.

(A) One (1) session at the place of the inmate's incarceration with the inmate, the inmate's witnesses, and correctional facility personnel; and

(B) One (1) session for victims and the next of kin of victims as stated in this section.

(d) (1) At the time that any inmate eligible for transfer to post-release supervision under this section is transferred by the board, the Division of Community Correction shall give written notice of the granting of the transfer to post-release supervision to the: (A) County sheriff; (B) Prosecuting attorney of the judicial district; (C) Committing court; and (D) Chief of police of each city of the first class of the county from which the inmate was sentenced. (2) If the inmate is transferred to a county other than the county from which he or she was committed, the board shall give notice to the chief of police or marshal of the city or town to which the inmate is transferred and to the county sheriff and prosecuting attorney of the county from which the inmate was committed.

(1) At the time that any inmate eligible for transfer to post-release supervision under this section is transferred by the board, the Division of Community Correction shall give written notice of the granting of the transfer to post-release supervision to the: (A) County sheriff; (B) Prosecuting attorney of the judicial district; (C) Committing court; and (D) Chief of police of each city of the first class of the county from which the inmate was sentenced.

(A) County sheriff;

(B) Prosecuting attorney of the judicial district;

(C) Committing court; and

(D) Chief of police of each city of the first class of the county from which the inmate was sentenced.

(2) If the inmate is transferred to a county other than the county from which he or she was committed, the board shall give notice to the chief of police or marshal of the city or town to which the inmate is transferred and to the county sheriff and prosecuting attorney of the county from which the inmate was committed.

(e) (1) The prosecuting attorney of the county from which the inmate was committed shall notify the board at the time of commitment of the desire of the victim or his or her next of kin to be notified of any future transfer hearings and to forward to the board the last known address and telephone number of the victim or his or her next of kin. (2) It is the responsibility of the victim or his or her next of kin to notify the board of any change in address or phone number. (3) It is the responsibility of the victim or his or her next of kin to notify the board after the date of commitment of any change in regard to the desire to be notified of any future transfer hearings.

(1) The prosecuting attorney of the county from which the inmate was committed shall notify the board at the time of commitment of the desire of the victim or his or her next of kin to be notified of any future transfer hearings and to forward to the board the last known address and telephone number of the victim or his or her next of kin.

(2) It is the responsibility of the victim or his or her next of kin to notify the board of any change in address or phone number.

(3) It is the responsibility of the victim or his or her next of kin to notify the board after the date of commitment of any change in regard to the desire to be notified of any future transfer hearings.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-84-203 — AR Code / Title 16 / Chapter 84 / Subchapter 2 / Section 16-84-203
Certain absences excused
Status: in_force

(a) No forfeiture of any appearance or bail bond shall be rendered in any case where a sworn statement of a licensed court-appointed physician is furnished the court showing that the principal in the bond is prevented from attending by some physical or mental disability or where a sworn affidavit of the jailer, warden, or other responsible officer of a jail or correctional facility in which the principal is being detained shall be furnished to the court, or a sworn affidavit of any officer in charge is furnished to the court showing that the principal in the bond is prevented from attending due to the fact that he or she is being detained by a force claiming to act under the authority of the federal government that neither the state nor the surety could control. (b) The appearance or bail bond shall remain in full force and effect until the principal is physically or mentally able to appear or until a detainer against the principal is filed with the detaining authority. Acts 1989, No. 417, § 5; 2005, No. 1994, § 283.

(a) No forfeiture of any appearance or bail bond shall be rendered in any case where a sworn statement of a licensed court-appointed physician is furnished the court showing that the principal in the bond is prevented from attending by some physical or mental disability or where a sworn affidavit of the jailer, warden, or other responsible officer of a jail or correctional facility in which the principal is being detained shall be furnished to the court, or a sworn affidavit of any officer in charge is furnished to the court showing that the principal in the bond is prevented from attending due to the fact that he or she is being detained by a force claiming to act under the authority of the federal government that neither the state nor the surety could control.

(b) The appearance or bail bond shall remain in full force and effect until the principal is physically or mentally able to appear or until a detainer against the principal is filed with the detaining authority.

Acts 1989, No. 417, § 5; 2005, No. 1994, § 283.
Ark. Code Ann. § 16-121-101 — AR Code / Title 16 / Chapter 121 / Section 16-121-101
Definitions
Status: in_force

As used in this subchapter: (1) "Divert" means to change the intended course or path of gas, water, or electricity without the authorization or consent of the utility supplier; (2) "Meter tampering" means: (A) Removing metering devices; (B) Connecting wires or other instruments to bypass a meter recording usage for billing; (C) Breaking or defacing any seal, locking device, or other part that makes up the metering device; (D) Preventing or retarding the action of a meter or other instrument used for measuring utility service; (E) Transferring from one location to another a metering device; (F) Using a metering device belonging to the utility supplier that has not been assigned to the utility customer's location and has not been installed by the utility supplier; and (G) Any other means of tampering with or bypassing a metering device that deprives a supplier from receiving proper charges or payment for utility service; (3) "Person" means an individual, a corporation, firm, company, or association; (4) "Unauthorized reconnection" means the commencement of gas, water, or electric service, other than by the supplier, to a utility customer or any other person after utility service has been discontinued by the supplier; (5) "Utility customer" means: (A) The person or persons occupying the premises and receiving the benefits of utility service from a utility supplier, whether or not that person is listed on the records of the utility supplier as the customer liable for charges or payment for utility service received with or without charge; or (B) The manager, superintendent, officer, or other responsible official of a corporation, partnership, proprietorship, association, or other business organization that has received utility service with or without proper charge; and (6) "Utility supplier" or "supplier" means any regulated public or private utility authorized to provide electricity, natural gas, or water for sale to utility customers in any particular service area. Acts 1989, No. 595, § 1.

As used in this subchapter:

(1) "Divert" means to change the intended course or path of gas, water, or electricity without the authorization or consent of the utility supplier;

(2) "Meter tampering" means: (A) Removing metering devices; (B) Connecting wires or other instruments to bypass a meter recording usage for billing; (C) Breaking or defacing any seal, locking device, or other part that makes up the metering device; (D) Preventing or retarding the action of a meter or other instrument used for measuring utility service; (E) Transferring from one location to another a metering device; (F) Using a metering device belonging to the utility supplier that has not been assigned to the utility customer's location and has not been installed by the utility supplier; and (G) Any other means of tampering with or bypassing a metering device that deprives a supplier from receiving proper charges or payment for utility service;

(A) Removing metering devices;

(B) Connecting wires or other instruments to bypass a meter recording usage for billing;

(C) Breaking or defacing any seal, locking device, or other part that makes up the metering device;

(D) Preventing or retarding the action of a meter or other instrument used for measuring utility service;

(E) Transferring from one location to another a metering device;

(F) Using a metering device belonging to the utility supplier that has not been assigned to the utility customer's location and has not been installed by the utility supplier; and

(G) Any other means of tampering with or bypassing a metering device that deprives a supplier from receiving proper charges or payment for utility service;

(3) "Person" means an individual, a corporation, firm, company, or association;

(4) "Unauthorized reconnection" means the commencement of gas, water, or electric service, other than by the supplier, to a utility customer or any other person after utility service has been discontinued by the supplier;

(5) "Utility customer" means: (A) The person or persons occupying the premises and receiving the benefits of utility service from a utility supplier, whether or not that person is listed on the records of the utility supplier as the customer liable for charges or payment for utility service received with or without charge; or (B) The manager, superintendent, officer, or other responsible official of a corporation, partnership, proprietorship, association, or other business organization that has received utility service with or without proper charge; and

(A) The person or persons occupying the premises and receiving the benefits of utility service from a utility supplier, whether or not that person is listed on the records of the utility supplier as the customer liable for charges or payment for utility service received with or without charge; or

(B) The manager, superintendent, officer, or other responsible official of a corporation, partnership, proprietorship, association, or other business organization that has received utility service with or without proper charge; and

(6) "Utility supplier" or "supplier" means any regulated public or private utility authorized to provide electricity, natural gas, or water for sale to utility customers in any particular service area.

Acts 1989, No. 595, § 1.
Ark. Code Ann. § 16-108-223 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-223
Vacating award
Status: in_force

(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (1) the award was procured by corruption, fraud, or other undue means; (2) there was: (A) evident partiality by an arbitrator appointed as a neutral arbitrator; (B) corruption by an arbitrator; or (C) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding; (3) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to § 16-108-215 so as to prejudice substantially the rights of a party to the arbitration proceeding; (4) an arbitrator exceeded the arbitrator's powers; (5) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under § 16-108-215(c) not later than the beginning of the arbitration hearing; or (6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in § 16-108-209 so as to prejudice substantially the rights of a party to the arbitration proceeding. (b) A motion under this section must be filed within ninety days after the movant receives notice of the award under § 16-108-219 or within ninety days after the movant receives notice of a modified or corrected award under § 16-108-220 , unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety days after the ground is known or, by the exercise of reasonable care would have been known by the movant. (c) If the court vacates an award on a ground other than that set forth in subsection (a)(5), it may order a rehearing. If the award is vacated on a ground stated in subsection (a)(1) or (2), the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subsection (a)(3), (4), or (6), the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in § 16-108-219(b) for an award. (d) If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending. Acts 1969, No. 260, § 12; A.S.A. 1947, § 34-522; Acts 2003, No. 1185, § 225; 2011, No. 695, § 1.

(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (1) the award was procured by corruption, fraud, or other undue means; (2) there was: (A) evident partiality by an arbitrator appointed as a neutral arbitrator; (B) corruption by an arbitrator; or (C) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding; (3) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to § 16-108-215 so as to prejudice substantially the rights of a party to the arbitration proceeding; (4) an arbitrator exceeded the arbitrator's powers; (5) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under § 16-108-215(c) not later than the beginning of the arbitration hearing; or (6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in § 16-108-209 so as to prejudice substantially the rights of a party to the arbitration proceeding.

(1) the award was procured by corruption, fraud, or other undue means;

(2) there was: (A) evident partiality by an arbitrator appointed as a neutral arbitrator; (B) corruption by an arbitrator; or (C) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(A) evident partiality by an arbitrator appointed as a neutral arbitrator;

(B) corruption by an arbitrator; or

(C) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(3) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to § 16-108-215 so as to prejudice substantially the rights of a party to the arbitration proceeding;

(4) an arbitrator exceeded the arbitrator's powers;

(5) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under § 16-108-215(c) not later than the beginning of the arbitration hearing; or

(6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in § 16-108-209 so as to prejudice substantially the rights of a party to the arbitration proceeding.

(b) A motion under this section must be filed within ninety days after the movant receives notice of the award under § 16-108-219 or within ninety days after the movant receives notice of a modified or corrected award under § 16-108-220 , unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety days after the ground is known or, by the exercise of reasonable care would have been known by the movant.

(c) If the court vacates an award on a ground other than that set forth in subsection (a)(5), it may order a rehearing. If the award is vacated on a ground stated in subsection (a)(1) or (2), the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subsection (a)(3), (4), or (6), the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in § 16-108-219(b) for an award.

(d) If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.

Acts 1969, No. 260, § 12; A.S.A. 1947, § 34-522; Acts 2003, No. 1185, § 225; 2011, No. 695, § 1.
Ark. Code Ann. § 16-118-108 — AR Code / Title 16 / Chapter 118 / Section 16-118-108
Civil actions against sellers of drug paraphernalia - Definition
Status: in_force

(a) As used in this subchapter, "drug paraphernalia" means those items as defined by §§ 5-64-101 , 5-64-403(a)(4) , 5-64-443 , and 5-64-505 . (b) (1) Any person who becomes addicted to any controlled substance, as a result of the use of any drug paraphernalia sold to him or her by a store dealing in drug paraphernalia items, has a cause of action against the seller if the person can prove that the item purchased from the seller's store contributed to his or her addiction. (2) Any parent or guardian may bring a cause of action described in subdivision (b)(1) of this section on behalf of a minor. (c) Any third person injured or killed by a person using a controlled substance, whose use was caused or aided by the use of drug paraphernalia sold to the person by a store dealing in drug paraphernalia items, has a cause of action against the seller if the third person can prove that the item purchased from the store contributed to the person's use and the person's use proximately caused the third person's injury or death. (d) Any person who requires hospitalization or outpatient service for drug abuse or a related medical problem is entitled to recover from any store that has sold any drug paraphernalia to the person and reimbursement for any such costs incurred. (e) Any federal or state agency that provides medical or kindred treatment to any person who is addicted to drugs as a result of the use of any drug paraphernalia may cause litigation to be commenced against any store or individual that has sold an item of drug paraphernalia that contributed to the person's drug abuse and subsequent treatment, for the purpose of collecting the reasonable costs incurred by the federal or state agency. (f) Prior to awarding any damages under this subchapter, the trier of fact shall make written determinations regarding the following questions: (1) That a reasonably prudent person acting as the seller would have known or should have known that the item sold would be utilized in the unlawful use of drugs; and (2) Considering all the facts and circumstances surrounding the sale, including the physical characteristics of the business establishment and its method of operation, that the seller knew or should have known that the items sold would be utilized in the unlawful use of drugs. Acts 1981, No. 971, §§ 1-6; A.S.A. 1947, § 82-2645, § 82-2646, § 82-2647, 82-2648, 82-2649, 82-2650; Acts 2011, No. 570, § 118.

(a) As used in this subchapter, "drug paraphernalia" means those items as defined by §§ 5-64-101 , 5-64-403(a)(4) , 5-64-443 , and 5-64-505 .

(b) (1) Any person who becomes addicted to any controlled substance, as a result of the use of any drug paraphernalia sold to him or her by a store dealing in drug paraphernalia items, has a cause of action against the seller if the person can prove that the item purchased from the seller's store contributed to his or her addiction. (2) Any parent or guardian may bring a cause of action described in subdivision (b)(1) of this section on behalf of a minor.

(1) Any person who becomes addicted to any controlled substance, as a result of the use of any drug paraphernalia sold to him or her by a store dealing in drug paraphernalia items, has a cause of action against the seller if the person can prove that the item purchased from the seller's store contributed to his or her addiction.

(2) Any parent or guardian may bring a cause of action described in subdivision (b)(1) of this section on behalf of a minor.

(c) Any third person injured or killed by a person using a controlled substance, whose use was caused or aided by the use of drug paraphernalia sold to the person by a store dealing in drug paraphernalia items, has a cause of action against the seller if the third person can prove that the item purchased from the store contributed to the person's use and the person's use proximately caused the third person's injury or death.

(d) Any person who requires hospitalization or outpatient service for drug abuse or a related medical problem is entitled to recover from any store that has sold any drug paraphernalia to the person and reimbursement for any such costs incurred.

(e) Any federal or state agency that provides medical or kindred treatment to any person who is addicted to drugs as a result of the use of any drug paraphernalia may cause litigation to be commenced against any store or individual that has sold an item of drug paraphernalia that contributed to the person's drug abuse and subsequent treatment, for the purpose of collecting the reasonable costs incurred by the federal or state agency.

(f) Prior to awarding any damages under this subchapter, the trier of fact shall make written determinations regarding the following questions: (1) That a reasonably prudent person acting as the seller would have known or should have known that the item sold would be utilized in the unlawful use of drugs; and (2) Considering all the facts and circumstances surrounding the sale, including the physical characteristics of the business establishment and its method of operation, that the seller knew or should have known that the items sold would be utilized in the unlawful use of drugs.

(1) That a reasonably prudent person acting as the seller would have known or should have known that the item sold would be utilized in the unlawful use of drugs; and

(2) Considering all the facts and circumstances surrounding the sale, including the physical characteristics of the business establishment and its method of operation, that the seller knew or should have known that the items sold would be utilized in the unlawful use of drugs.

Acts 1981, No. 971, §§ 1-6; A.S.A. 1947, § 82-2645, § 82-2646, § 82-2647, 82-2648, 82-2649, 82-2650; Acts 2011, No. 570, § 118.
Ark. Code Ann. § 16-10-209 — AR Code / Title 16 / Chapter 10 / Subchapter 2 / Section 16-10-209
Court clerk - Activities and clerical duties
Status: in_force

The following activities and clerical duties relating to court functions shall be required of all court clerks: (1) Collection, Receipt, and Deposit Procedures. (A) A prenumbered receipt must be issued for all moneys collected. (B) Prenumbered manual receipts must meet the following minimum standards: (i) All receipt books must be prenumbered by the printer, and a printer's certificate shall be furnished to the court clerk, which shall be made available for inspection; (ii) The certificate must state the printing date, the numerical sequence of receipts printed, and the printer's name; and (iii) All void or spoiled receipts must be accounted for by attaching the original copy of the receipt to the duplicate copy of the receipt in the receipt book, with the reason for the void or spoiled receipt documented and retained for audit purposes. (C) If an electronic receipting system is used, the system must be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee. (D) (i) For those checks forwarded with the arrest reports, the receipt shall be issued in the name of the police department, marshal's office, or sheriff's office. (ii) For those receipts issued at court date, the court clerk shall issue such receipts in the name of the defendant, regardless of who paid the bond or fine or who collected the bond or fine, indicating on the receipt the method of payment, such as cash, check, money order, or credit card. (E) Receipts shall be deposited intact daily into the separate bank account maintained by the court clerk. (F) (i) The bank deposit slips prepared by the court clerk shall contain the range of receipt numbers evidencing such collections. (ii) Additionally, the receipts issued shall be reconciled with the monthly bank deposits. (G) A bank reconciliation shall be made at the end of each month, and any balance remaining in the bank account shall be identified with receipt numbers for cases not yet adjudicated and the payments made on all unpaid individual time accounts. (H) The court clerk may maintain separate bank accounts for city cases and for county cases; (2) Preparation and Submission of Distribution Report. (A) The distribution report shall contain the following information: (i) The citation number; (ii) The defendant's name; (iii) The nature of the offense; (iv) The name of arresting officer; (v) The court docket number; (vi) The disposition or date continued; (vii) The receipt number; (viii) The total fine and costs collected; (ix) The fine; (x) The fees and costs itemized; (xi) The bond refund amount; (xii) The bond refund check number; and (xiii) The installment payment amount. (B) The court clerk at each court date shall prepare the distribution report from the arrest report supplied by the police department, marshal's office, or sheriff's office. (C) At the end of each court date, the court clerk shall complete the distribution report for the court date and total the dollar amounts contained in the report. (D) The distribution reports prepared each court date shall be summarized at least monthly. (E) The court clerk shall make a direct monetary settlement on or before the tenth day of the next-following month with each of the following: (i) The city treasurer; (ii) The county treasurer; (iii) The Administration of Justice Funds Section; and (iv) Any other state agency or entity which receives fines or fees assessed by the court and collected pursuant to law. (F) The court clerk shall submit electronically or in writing a monthly distribution report describing the direct monetary settlements under subdivision (2)(E) of this section no later than the tenth day of each month to the county treasurer; (3) Minimum Bookkeeping Requirements. (A) (i) The court clerk shall maintain a cash receipts journal or electronic receipts listing. (ii) The court clerk may maintain separate cash receipts journals or electronic receipts listings for city cases and county cases. (iii) The receipts journal or electronic receipts listing must indicate the receipt number, receipt date, violator's or payor's name, amount of the receipt, and classification of the receipt. (iv) The receipts journal or electronic receipts listing shall be properly balanced and totaled monthly and on a year-to-date basis. (v) The receipts journal or electronic receipts listing shall be reconciled monthly to total bank deposits as shown on the bank statements. (B) (i) The court clerk shall maintain a cash disbursements journal or electronic check register. (ii) The court clerk may maintain separate cash disbursements journals or electronic check registers for city cases and county cases. (iii) The disbursements journal or electronic check register must indicate the date, payee, check number, amount for each check written, and classification of the disbursement. (iv) The disbursements journal or electronic check register shall be properly balanced and totaled monthly and on a year-to-date basis. (v) The disbursements journal or electronic check register shall be reconciled monthly to total bank disbursements as indicated on the bank statements; (4) Bond Refunds. (A) All bond refunds shall be made only upon the authorization of the presiding judge and shall be indicated as such on the court docket. (B) (i) All bond refunds shall be made only by a check drawn on the court's bank account. (ii) Additionally, the check shall indicate the court docket number for authorization. (C) The court clerk shall enter all bond refunds on the applicable distribution report; (5) Installment Payments. (A) Installment payments shall be allowed only upon the authorization of the presiding judge and shall be indicated as such on the court docket. (B) (i) The court clerk shall establish and maintain individual installment payment account ledger records, with a duplicate copy of the ledger record being furnished to and maintained by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts. (ii) The ledger records shall contain the following minimum information: (a) Name of the individual; (b) Court docket number and court date; (c) Nature of the violation; (d) Total fine and costs assessed; (e) Receipt number, date, and amount of payment; and (f) Unpaid balance of fine, fees, and costs. (C) The county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts shall be responsible for collecting all installment payments and shall enter all collected installment payments on each applicable arrest or distribution report. (D) (i) The court clerk shall establish and maintain a control total for installment payments, which is a summary of all unpaid individual installment payment accounts. (ii) The control total shall be reconciled monthly with the individual installment payment accounts. (E) (i) The court clerk shall furnish the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts and the presiding judge monthly with a list of all unpaid installment payment accounts for which a payment has not been received within the past thirty (30) days. (ii) The presiding judge shall then take the necessary action deemed appropriate in the circumstances. (F) (i) All installment payments, with the exception of the monthly installment fee, which is remitted as provided under § 5-4-205(e)(1)(B)(ii) , shall initially be deemed to be collections of restitution until restitution has been collected in full, with any remaining installment payments representing collections of court costs, and then fines. (ii) If court costs, restitution, and fines are fully paid, all remaining installment payments shall be allocated to remaining amounts due. (iii) A municipal or county governing body that adopted municipal or county legislation before July 1, 2012, to provide an alternative method of installment payment allocation as then authorized by state law shall remain in effect until repealed; and (6) Reconciliation of Completed Citation Books. (A) The court clerk shall reconcile on a quarterly basis on or before the fifteenth day of the month following the end of the calendar quarter the individual citations in the completed citation book to the individual citations as reflected on the arrest reports or court dockets. (B) (i) For any discrepancies noted in the reconciliation in subdivision (6)(A) of this section, the court clerk shall prepare a list and present this list to the court's judge for his or her appropriate action. (ii) This list shall be maintained for audit purposes. (C) If the court clerk is designated under § 16-13-709 to be primarily responsible for the collection of fines, the reconciliation of completed citation books described in this subdivision (6) shall be performed by someone outside of the court clerk's office as determined by the court judge. Amended by Act 2023, No. 450,§ 2, eff. 8/1/2023. Amended by Act 2015, No. 903,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 282,§ 3, eff. 3/6/2013. Acts 1977, No. 332, § 7; 1985, No. 677, §§ 1, 2; 1985, No. 776, §§ 1, 2; A.S.A. 1947, § 22-1107; Acts 1991, No. 904, § 21; 1997, No. 788, § 3; 1997, No. 1341, § 3; 1999, No. 1081, §§ 1, 2; 1999, No. 1508, § 7; 2003, No. 1765, § 7; 2005, No. 1934, § 3; 2011, No. 1174, § 7.

The following activities and clerical duties relating to court functions shall be required of all court clerks:

(1) Collection, Receipt, and Deposit Procedures. (A) A prenumbered receipt must be issued for all moneys collected. (B) Prenumbered manual receipts must meet the following minimum standards: (i) All receipt books must be prenumbered by the printer, and a printer's certificate shall be furnished to the court clerk, which shall be made available for inspection; (ii) The certificate must state the printing date, the numerical sequence of receipts printed, and the printer's name; and (iii) All void or spoiled receipts must be accounted for by attaching the original copy of the receipt to the duplicate copy of the receipt in the receipt book, with the reason for the void or spoiled receipt documented and retained for audit purposes. (C) If an electronic receipting system is used, the system must be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee. (D) (i) For those checks forwarded with the arrest reports, the receipt shall be issued in the name of the police department, marshal's office, or sheriff's office. (ii) For those receipts issued at court date, the court clerk shall issue such receipts in the name of the defendant, regardless of who paid the bond or fine or who collected the bond or fine, indicating on the receipt the method of payment, such as cash, check, money order, or credit card. (E) Receipts shall be deposited intact daily into the separate bank account maintained by the court clerk. (F) (i) The bank deposit slips prepared by the court clerk shall contain the range of receipt numbers evidencing such collections. (ii) Additionally, the receipts issued shall be reconciled with the monthly bank deposits. (G) A bank reconciliation shall be made at the end of each month, and any balance remaining in the bank account shall be identified with receipt numbers for cases not yet adjudicated and the payments made on all unpaid individual time accounts. (H) The court clerk may maintain separate bank accounts for city cases and for county cases;

(A) A prenumbered receipt must be issued for all moneys collected.

(B) Prenumbered manual receipts must meet the following minimum standards: (i) All receipt books must be prenumbered by the printer, and a printer's certificate shall be furnished to the court clerk, which shall be made available for inspection; (ii) The certificate must state the printing date, the numerical sequence of receipts printed, and the printer's name; and (iii) All void or spoiled receipts must be accounted for by attaching the original copy of the receipt to the duplicate copy of the receipt in the receipt book, with the reason for the void or spoiled receipt documented and retained for audit purposes.

(i) All receipt books must be prenumbered by the printer, and a printer's certificate shall be furnished to the court clerk, which shall be made available for inspection;

(ii) The certificate must state the printing date, the numerical sequence of receipts printed, and the printer's name; and

(iii) All void or spoiled receipts must be accounted for by attaching the original copy of the receipt to the duplicate copy of the receipt in the receipt book, with the reason for the void or spoiled receipt documented and retained for audit purposes.

(C) If an electronic receipting system is used, the system must be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.

(D) (i) For those checks forwarded with the arrest reports, the receipt shall be issued in the name of the police department, marshal's office, or sheriff's office. (ii) For those receipts issued at court date, the court clerk shall issue such receipts in the name of the defendant, regardless of who paid the bond or fine or who collected the bond or fine, indicating on the receipt the method of payment, such as cash, check, money order, or credit card.

(i) For those checks forwarded with the arrest reports, the receipt shall be issued in the name of the police department, marshal's office, or sheriff's office.

(ii) For those receipts issued at court date, the court clerk shall issue such receipts in the name of the defendant, regardless of who paid the bond or fine or who collected the bond or fine, indicating on the receipt the method of payment, such as cash, check, money order, or credit card.

(E) Receipts shall be deposited intact daily into the separate bank account maintained by the court clerk.

(F) (i) The bank deposit slips prepared by the court clerk shall contain the range of receipt numbers evidencing such collections. (ii) Additionally, the receipts issued shall be reconciled with the monthly bank deposits.

(i) The bank deposit slips prepared by the court clerk shall contain the range of receipt numbers evidencing such collections.

(ii) Additionally, the receipts issued shall be reconciled with the monthly bank deposits.

(G) A bank reconciliation shall be made at the end of each month, and any balance remaining in the bank account shall be identified with receipt numbers for cases not yet adjudicated and the payments made on all unpaid individual time accounts.

(H) The court clerk may maintain separate bank accounts for city cases and for county cases;

(2) Preparation and Submission of Distribution Report. (A) The distribution report shall contain the following information: (i) The citation number; (ii) The defendant's name; (iii) The nature of the offense; (iv) The name of arresting officer; (v) The court docket number; (vi) The disposition or date continued; (vii) The receipt number; (viii) The total fine and costs collected; (ix) The fine; (x) The fees and costs itemized; (xi) The bond refund amount; (xii) The bond refund check number; and (xiii) The installment payment amount. (B) The court clerk at each court date shall prepare the distribution report from the arrest report supplied by the police department, marshal's office, or sheriff's office. (C) At the end of each court date, the court clerk shall complete the distribution report for the court date and total the dollar amounts contained in the report. (D) The distribution reports prepared each court date shall be summarized at least monthly. (E) The court clerk shall make a direct monetary settlement on or before the tenth day of the next-following month with each of the following: (i) The city treasurer; (ii) The county treasurer; (iii) The Administration of Justice Funds Section; and (iv) Any other state agency or entity which receives fines or fees assessed by the court and collected pursuant to law. (F) The court clerk shall submit electronically or in writing a monthly distribution report describing the direct monetary settlements under subdivision (2)(E) of this section no later than the tenth day of each month to the county treasurer;

(A) The distribution report shall contain the following information: (i) The citation number; (ii) The defendant's name; (iii) The nature of the offense; (iv) The name of arresting officer; (v) The court docket number; (vi) The disposition or date continued; (vii) The receipt number; (viii) The total fine and costs collected; (ix) The fine; (x) The fees and costs itemized; (xi) The bond refund amount; (xii) The bond refund check number; and (xiii) The installment payment amount.

(i) The citation number;

(ii) The defendant's name;

(iii) The nature of the offense;

(iv) The name of arresting officer;

(v) The court docket number;

(vi) The disposition or date continued;

(vii) The receipt number;

(viii) The total fine and costs collected;

(ix) The fine;

(x) The fees and costs itemized;

(xi) The bond refund amount;

(xii) The bond refund check number; and

(xiii) The installment payment amount.

(B) The court clerk at each court date shall prepare the distribution report from the arrest report supplied by the police department, marshal's office, or sheriff's office.

(C) At the end of each court date, the court clerk shall complete the distribution report for the court date and total the dollar amounts contained in the report.

(D) The distribution reports prepared each court date shall be summarized at least monthly.

(E) The court clerk shall make a direct monetary settlement on or before the tenth day of the next-following month with each of the following: (i) The city treasurer; (ii) The county treasurer; (iii) The Administration of Justice Funds Section; and (iv) Any other state agency or entity which receives fines or fees assessed by the court and collected pursuant to law.

(i) The city treasurer;

(ii) The county treasurer;

(iii) The Administration of Justice Funds Section; and

(iv) Any other state agency or entity which receives fines or fees assessed by the court and collected pursuant to law.

(F) The court clerk shall submit electronically or in writing a monthly distribution report describing the direct monetary settlements under subdivision (2)(E) of this section no later than the tenth day of each month to the county treasurer;

(3) Minimum Bookkeeping Requirements. (A) (i) The court clerk shall maintain a cash receipts journal or electronic receipts listing. (ii) The court clerk may maintain separate cash receipts journals or electronic receipts listings for city cases and county cases. (iii) The receipts journal or electronic receipts listing must indicate the receipt number, receipt date, violator's or payor's name, amount of the receipt, and classification of the receipt. (iv) The receipts journal or electronic receipts listing shall be properly balanced and totaled monthly and on a year-to-date basis. (v) The receipts journal or electronic receipts listing shall be reconciled monthly to total bank deposits as shown on the bank statements. (B) (i) The court clerk shall maintain a cash disbursements journal or electronic check register. (ii) The court clerk may maintain separate cash disbursements journals or electronic check registers for city cases and county cases. (iii) The disbursements journal or electronic check register must indicate the date, payee, check number, amount for each check written, and classification of the disbursement. (iv) The disbursements journal or electronic check register shall be properly balanced and totaled monthly and on a year-to-date basis. (v) The disbursements journal or electronic check register shall be reconciled monthly to total bank disbursements as indicated on the bank statements;

(A) (i) The court clerk shall maintain a cash receipts journal or electronic receipts listing. (ii) The court clerk may maintain separate cash receipts journals or electronic receipts listings for city cases and county cases. (iii) The receipts journal or electronic receipts listing must indicate the receipt number, receipt date, violator's or payor's name, amount of the receipt, and classification of the receipt. (iv) The receipts journal or electronic receipts listing shall be properly balanced and totaled monthly and on a year-to-date basis. (v) The receipts journal or electronic receipts listing shall be reconciled monthly to total bank deposits as shown on the bank statements.

(i) The court clerk shall maintain a cash receipts journal or electronic receipts listing.

(ii) The court clerk may maintain separate cash receipts journals or electronic receipts listings for city cases and county cases.

(iii) The receipts journal or electronic receipts listing must indicate the receipt number, receipt date, violator's or payor's name, amount of the receipt, and classification of the receipt.

(iv) The receipts journal or electronic receipts listing shall be properly balanced and totaled monthly and on a year-to-date basis.

(v) The receipts journal or electronic receipts listing shall be reconciled monthly to total bank deposits as shown on the bank statements.

(B) (i) The court clerk shall maintain a cash disbursements journal or electronic check register. (ii) The court clerk may maintain separate cash disbursements journals or electronic check registers for city cases and county cases. (iii) The disbursements journal or electronic check register must indicate the date, payee, check number, amount for each check written, and classification of the disbursement. (iv) The disbursements journal or electronic check register shall be properly balanced and totaled monthly and on a year-to-date basis. (v) The disbursements journal or electronic check register shall be reconciled monthly to total bank disbursements as indicated on the bank statements;

(i) The court clerk shall maintain a cash disbursements journal or electronic check register.

(ii) The court clerk may maintain separate cash disbursements journals or electronic check registers for city cases and county cases.

(iii) The disbursements journal or electronic check register must indicate the date, payee, check number, amount for each check written, and classification of the disbursement.

(iv) The disbursements journal or electronic check register shall be properly balanced and totaled monthly and on a year-to-date basis.

(v) The disbursements journal or electronic check register shall be reconciled monthly to total bank disbursements as indicated on the bank statements;

(4) Bond Refunds. (A) All bond refunds shall be made only upon the authorization of the presiding judge and shall be indicated as such on the court docket. (B) (i) All bond refunds shall be made only by a check drawn on the court's bank account. (ii) Additionally, the check shall indicate the court docket number for authorization. (C) The court clerk shall enter all bond refunds on the applicable distribution report;

(A) All bond refunds shall be made only upon the authorization of the presiding judge and shall be indicated as such on the court docket.

(B) (i) All bond refunds shall be made only by a check drawn on the court's bank account. (ii) Additionally, the check shall indicate the court docket number for authorization.

(i) All bond refunds shall be made only by a check drawn on the court's bank account.

(ii) Additionally, the check shall indicate the court docket number for authorization.

(C) The court clerk shall enter all bond refunds on the applicable distribution report;

(5) Installment Payments. (A) Installment payments shall be allowed only upon the authorization of the presiding judge and shall be indicated as such on the court docket. (B) (i) The court clerk shall establish and maintain individual installment payment account ledger records, with a duplicate copy of the ledger record being furnished to and maintained by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts. (ii) The ledger records shall contain the following minimum information: (a) Name of the individual; (b) Court docket number and court date; (c) Nature of the violation; (d) Total fine and costs assessed; (e) Receipt number, date, and amount of payment; and (f) Unpaid balance of fine, fees, and costs. (C) The county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts shall be responsible for collecting all installment payments and shall enter all collected installment payments on each applicable arrest or distribution report. (D) (i) The court clerk shall establish and maintain a control total for installment payments, which is a summary of all unpaid individual installment payment accounts. (ii) The control total shall be reconciled monthly with the individual installment payment accounts. (E) (i) The court clerk shall furnish the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts and the presiding judge monthly with a list of all unpaid installment payment accounts for which a payment has not been received within the past thirty (30) days. (ii) The presiding judge shall then take the necessary action deemed appropriate in the circumstances. (F) (i) All installment payments, with the exception of the monthly installment fee, which is remitted as provided under § 5-4-205(e)(1)(B)(ii) , shall initially be deemed to be collections of restitution until restitution has been collected in full, with any remaining installment payments representing collections of court costs, and then fines. (ii) If court costs, restitution, and fines are fully paid, all remaining installment payments shall be allocated to remaining amounts due. (iii) A municipal or county governing body that adopted municipal or county legislation before July 1, 2012, to provide an alternative method of installment payment allocation as then authorized by state law shall remain in effect until repealed; and

(A) Installment payments shall be allowed only upon the authorization of the presiding judge and shall be indicated as such on the court docket.

(B) (i) The court clerk shall establish and maintain individual installment payment account ledger records, with a duplicate copy of the ledger record being furnished to and maintained by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts. (ii) The ledger records shall contain the following minimum information: (a) Name of the individual; (b) Court docket number and court date; (c) Nature of the violation; (d) Total fine and costs assessed; (e) Receipt number, date, and amount of payment; and (f) Unpaid balance of fine, fees, and costs.

(i) The court clerk shall establish and maintain individual installment payment account ledger records, with a duplicate copy of the ledger record being furnished to and maintained by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts.

(ii) The ledger records shall contain the following minimum information: (a) Name of the individual; (b) Court docket number and court date; (c) Nature of the violation; (d) Total fine and costs assessed; (e) Receipt number, date, and amount of payment; and (f) Unpaid balance of fine, fees, and costs.

(a) Name of the individual;

(b) Court docket number and court date;

(c) Nature of the violation;

(d) Total fine and costs assessed;

(e) Receipt number, date, and amount of payment; and

(f) Unpaid balance of fine, fees, and costs.

(C) The county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts shall be responsible for collecting all installment payments and shall enter all collected installment payments on each applicable arrest or distribution report.

(D) (i) The court clerk shall establish and maintain a control total for installment payments, which is a summary of all unpaid individual installment payment accounts. (ii) The control total shall be reconciled monthly with the individual installment payment accounts.

(i) The court clerk shall establish and maintain a control total for installment payments, which is a summary of all unpaid individual installment payment accounts.

(ii) The control total shall be reconciled monthly with the individual installment payment accounts.

(E) (i) The court clerk shall furnish the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts and the presiding judge monthly with a list of all unpaid installment payment accounts for which a payment has not been received within the past thirty (30) days. (ii) The presiding judge shall then take the necessary action deemed appropriate in the circumstances.

(i) The court clerk shall furnish the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts and the presiding judge monthly with a list of all unpaid installment payment accounts for which a payment has not been received within the past thirty (30) days.

(ii) The presiding judge shall then take the necessary action deemed appropriate in the circumstances.

(F) (i) All installment payments, with the exception of the monthly installment fee, which is remitted as provided under § 5-4-205(e)(1)(B)(ii) , shall initially be deemed to be collections of restitution until restitution has been collected in full, with any remaining installment payments representing collections of court costs, and then fines. (ii) If court costs, restitution, and fines are fully paid, all remaining installment payments shall be allocated to remaining amounts due. (iii) A municipal or county governing body that adopted municipal or county legislation before July 1, 2012, to provide an alternative method of installment payment allocation as then authorized by state law shall remain in effect until repealed; and

(i) All installment payments, with the exception of the monthly installment fee, which is remitted as provided under § 5-4-205(e)(1)(B)(ii) , shall initially be deemed to be collections of restitution until restitution has been collected in full, with any remaining installment payments representing collections of court costs, and then fines.

(ii) If court costs, restitution, and fines are fully paid, all remaining installment payments shall be allocated to remaining amounts due.

(iii) A municipal or county governing body that adopted municipal or county legislation before July 1, 2012, to provide an alternative method of installment payment allocation as then authorized by state law shall remain in effect until repealed; and

(6) Reconciliation of Completed Citation Books. (A) The court clerk shall reconcile on a quarterly basis on or before the fifteenth day of the month following the end of the calendar quarter the individual citations in the completed citation book to the individual citations as reflected on the arrest reports or court dockets. (B) (i) For any discrepancies noted in the reconciliation in subdivision (6)(A) of this section, the court clerk shall prepare a list and present this list to the court's judge for his or her appropriate action. (ii) This list shall be maintained for audit purposes. (C) If the court clerk is designated under § 16-13-709 to be primarily responsible for the collection of fines, the reconciliation of completed citation books described in this subdivision (6) shall be performed by someone outside of the court clerk's office as determined by the court judge.

(A) The court clerk shall reconcile on a quarterly basis on or before the fifteenth day of the month following the end of the calendar quarter the individual citations in the completed citation book to the individual citations as reflected on the arrest reports or court dockets.

(B) (i) For any discrepancies noted in the reconciliation in subdivision (6)(A) of this section, the court clerk shall prepare a list and present this list to the court's judge for his or her appropriate action. (ii) This list shall be maintained for audit purposes.

(i) For any discrepancies noted in the reconciliation in subdivision (6)(A) of this section, the court clerk shall prepare a list and present this list to the court's judge for his or her appropriate action.

(ii) This list shall be maintained for audit purposes.

(C) If the court clerk is designated under § 16-13-709 to be primarily responsible for the collection of fines, the reconciliation of completed citation books described in this subdivision (6) shall be performed by someone outside of the court clerk's office as determined by the court judge.

Amended by Act 2023, No. 450,§ 2, eff. 8/1/2023.

Amended by Act 2015, No. 903,§ 1, eff. 7/22/2015.

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

Acts 1977, No. 332, § 7; 1985, No. 677, §§ 1, 2; 1985, No. 776, §§ 1, 2; A.S.A. 1947, § 22-1107; Acts 1991, No. 904, § 21; 1997, No. 788, § 3; 1997, No. 1341, § 3; 1999, No. 1081, §§ 1, 2; 1999, No. 1508, § 7; 2003, No. 1765, § 7; 2005, No. 1934, § 3; 2011, No. 1174, § 7.
Ark. Code Ann. § 16-13-504 — AR Code / Title 16 / Chapter 13 / Subchapter 5 / Section 16-13-504
Salary implementation procedures
Status: in_force

(a) If a court reporter was an official court reporter in the state on June 30, 1981, the increase eligibility date for purposes of salary implementation shall be July 1, 1982. (b) If an official court reporter was appointed after June 30, 1981, the increase eligibility date for purposes of salary implementation shall be determined by the date of appointment. Amended by Act 2015, No. 268,§ 6, eff. 7/1/2015. Acts 1981 (Ex. Sess.), No. 27, § 1; 1983, No. 868, § 1; A.S.A. 1947, §§ 22-366.4, 22-367.5; Acts 2003, No. 1185, § 89.

(a) If a court reporter was an official court reporter in the state on June 30, 1981, the increase eligibility date for purposes of salary implementation shall be July 1, 1982.

(b) If an official court reporter was appointed after June 30, 1981, the increase eligibility date for purposes of salary implementation shall be determined by the date of appointment.

Amended by Act 2015, No. 268,§ 6, eff. 7/1/2015.

Acts 1981 (Ex. Sess.), No. 27, § 1; 1983, No. 868, § 1; A.S.A. 1947, §§ 22-366.4, 22-367.5; Acts 2003, No. 1185, § 89.
Ark. Code Ann. § 16-17-945 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-945
[Repealed]
Status: repealed

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

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

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-98-301 — AR Code / Title 16 / Chapter 98 / Subchapter 3 / Section 16-98-301
Short title and definitions
Status: in_force

(a) This subchapter shall be known as the "Arkansas Drug Court Act". (b) As used in this subchapter: (1) "Evidence-based practices" means supervision, policies, procedures, and practices proven through research to reduce recidivism; (2) "Validated risk-needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior; and (3) "Violent felony offense" means an offense that is punishable by a term of imprisonment exceeding one (1) year, and during the course of the offense: (A) The person carried, possessed, or used a firearm or other dangerous weapon and the use of deadly force was used against another person; or (B) Death or serious physical injury was inflicted upon another person, regardless of whether death or serious physical injury was an element of the crime for which the person was convicted. Amended by Act 2015, No. 895,§ 31, eff. 4/1/2015. Acts 2003, No. 1266, § 1; 2011, No. 570, § 111.

(a) This subchapter shall be known as the "Arkansas Drug Court Act".

(b) As used in this subchapter: (1) "Evidence-based practices" means supervision, policies, procedures, and practices proven through research to reduce recidivism; (2) "Validated risk-needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior; and (3) "Violent felony offense" means an offense that is punishable by a term of imprisonment exceeding one (1) year, and during the course of the offense: (A) The person carried, possessed, or used a firearm or other dangerous weapon and the use of deadly force was used against another person; or (B) Death or serious physical injury was inflicted upon another person, regardless of whether death or serious physical injury was an element of the crime for which the person was convicted.

(1) "Evidence-based practices" means supervision, policies, procedures, and practices proven through research to reduce recidivism;

(2) "Validated risk-needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior; and

(3) "Violent felony offense" means an offense that is punishable by a term of imprisonment exceeding one (1) year, and during the course of the offense: (A) The person carried, possessed, or used a firearm or other dangerous weapon and the use of deadly force was used against another person; or (B) Death or serious physical injury was inflicted upon another person, regardless of whether death or serious physical injury was an element of the crime for which the person was convicted.

(A) The person carried, possessed, or used a firearm or other dangerous weapon and the use of deadly force was used against another person; or

(B) Death or serious physical injury was inflicted upon another person, regardless of whether death or serious physical injury was an element of the crime for which the person was convicted.

Amended by Act 2015, No. 895,§ 31, eff. 4/1/2015.

Acts 2003, No. 1266, § 1; 2011, No. 570, § 111.
Ark. Code Ann. § 16-61-209 — AR Code / Title 16 / Chapter 61 / Subchapter 2 / Section 16-61-209
Uniformity of interpretation
Status: in_force

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it. Acts 1941, No. 315, § 9; A.S.A. 1947, § 34-1008.

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.

Acts 1941, No. 315, § 9; A.S.A. 1947, § 34-1008.
Ark. Code Ann. § 16-80-104 — AR Code / Title 16 / Chapter 80 / Section 16-80-104
Comprehensive mental health evaluation for a minor convicted of capital murder or murder in the first degree
Status: in_force

(a) If a comprehensive mental health evaluation is not performed at the request of the minor convicted of capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , before his or her trial or before he or she is sentenced, the circuit court shall ensure that a comprehensive mental health evaluation is conducted on the minor by an adolescent mental health professional licensed in the state before the minor's entry into the Division of Correction for a sentence of life imprisonment. (b) A comprehensive mental health evaluation ordered under this section shall include without limitation the following information concerning the minor: (1) Family interviews; (2) Prenatal history; (3) Developmental history; (4) Medical history; (5) History of treatment for substance use; (6) Social history; and (7) A psychological evaluation. (c) A comprehensive mental health evaluation conducted under this section: (1) Is not admissible into evidence at a trial or sentencing over the objections of the minor; and (2) Shall be included in any documentation or inmate file kept by the Division of Correction or, if the minor is eventually supervised on parole or post-release supervision, the Division of Community Correction. Amended by Act 2023, No. 659,§ 122, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 858, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 857, eff. 7/1/2019. Added by Act 2017, No. 539,§ 8, eff. 3/20/2017.

(a) If a comprehensive mental health evaluation is not performed at the request of the minor convicted of capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , before his or her trial or before he or she is sentenced, the circuit court shall ensure that a comprehensive mental health evaluation is conducted on the minor by an adolescent mental health professional licensed in the state before the minor's entry into the Division of Correction for a sentence of life imprisonment.

(b) A comprehensive mental health evaluation ordered under this section shall include without limitation the following information concerning the minor: (1) Family interviews; (2) Prenatal history; (3) Developmental history; (4) Medical history; (5) History of treatment for substance use; (6) Social history; and (7) A psychological evaluation.

(1) Family interviews;

(2) Prenatal history;

(3) Developmental history;

(4) Medical history;

(5) History of treatment for substance use;

(6) Social history; and

(7) A psychological evaluation.

(c) A comprehensive mental health evaluation conducted under this section: (1) Is not admissible into evidence at a trial or sentencing over the objections of the minor; and (2) Shall be included in any documentation or inmate file kept by the Division of Correction or, if the minor is eventually supervised on parole or post-release supervision, the Division of Community Correction.

(1) Is not admissible into evidence at a trial or sentencing over the objections of the minor; and

(2) Shall be included in any documentation or inmate file kept by the Division of Correction or, if the minor is eventually supervised on parole or post-release supervision, the Division of Community Correction.

Amended by Act 2023, No. 659,§ 122, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 858, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 857, eff. 7/1/2019.

Added by Act 2017, No. 539,§ 8, eff. 3/20/2017.
Ark. Code Ann. § 16-108-211 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-211
Appointment of arbitrator - Service as a neutral arbitrator
Status: in_force

(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method. (b) An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral. Acts 1969, No. 260, § 3; A.S.A. 1947, § 34-513; Acts 2011, No. 695, § 1.

(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.

(b) An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral.

Acts 1969, No. 260, § 3; A.S.A. 1947, § 34-513; Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-90-1404 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1404
Definitions
Status: in_force

As used in this subchapter: (1) "Completion of a person's sentence" means that the person, after being found guilty: (A) Paid his or her fine, court costs, or other monetary obligation as defined in § 16-13-701 in full, unless the obligation has been excused by the sentencing court; (B) Served any time in county or regional jail, a Division of Community Correction facility, or a Division of Correction facility in full; and (C) If applicable: (i) Has been discharged from probation, parole, or post-release supervision; (ii) Completed any suspended sentence; (iii) Paid any court-ordered restitution; (iv) Completed any court-ordered community service; (v) Paid any driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest, plea of guilty or nolo contendere, or a finding of guilt for the offense; (vi) Completed all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest, plea of guilty or nolo contendere, or a finding of guilt for the offense; and (vii) Completed any vocational or technical education or training program that was required as a condition of the person's parole, post-release supervision, or probation; (2) "Conviction": (A) Includes the following, after the final act of judgment: (i) A plea of guilty or nolo contendere, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, by a person formally charged with an offense; (ii) A finding of guilt, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, by a judge or jury after a trial; (iii) A finding of guilt, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, after entry of a plea of nolo contendere; (iv) A sentence of supervised probation on a felony charge; (v) A suspended imposition of sentence, as defined in § 16-93-1202 , with a fine; (vi) A sentence under § 16-93-1201 et seq.; (vii) A suspended sentence that is revocable and can subject the person to incarceration or a fine, or both; or (viii) A finding of guilt of a person whose case proceeded under § 16-93-301 et seq., and who violated the terms and conditions of § 16-93-301 et seq.; and (B) Does not include: (i) An order nolle prosequi; (ii) A suspended imposition of sentence, as defined in § 16-93-1202 , with no fine; (iii) An acquittal for any reason; (iv) An order that the defendant enter a diversionary program that requires him or her to accomplish certain court-ordered objectives but that does not result in a finding of guilt if the program is successfully completed; (v) A court-ordered probationary period under: (a) The former § 5-64-413 ; or (b) Section 16-93-301 et seq.; (vi) The entry of a plea of guilty or nolo contendere without the court's making a finding of guilt or entering a judgment of guilt with the consent of the defendant or the resultant dismissal and discharge of the defendant as prescribed by § 16-93-301 et seq.; (vii) The entry of a directed verdict by a court at trial; or (viii) The dismissal of a charge either with or without prejudice; (3) "Court" means a sentencing district court or sentencing circuit court, unless otherwise specifically identified; (4) (A) "Seal" means to expunge, remove, sequester, and treat as confidential the record or records in question according to the procedures established by this subchapter. (B) "Seal" does not include the physical destruction of a record of a conviction unless this subchapter requires the physical destruction of the record of a conviction; (5) "Sentence" means the outcome formally entered by a court upon a person in criminal proceedings; (6) "Sex offense" means: (A) The same as defined in § 12-12-903 ; and (B) A felony offense repealed by Acts 2001, No. 1738; (7) "Uniform order" means a uniform order to seal a record described in § 16-90-1414 ; and (8) "Uniform petition" means a uniform petition to seal a record described in § 16-90-1414 . Amended by Act 2023, No. 659,§ 143, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 142, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 868, eff. 7/1/2019. Amended by Act 2015, No. 1198,§ 7, eff. 7/22/2015. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

As used in this subchapter:

(1) "Completion of a person's sentence" means that the person, after being found guilty: (A) Paid his or her fine, court costs, or other monetary obligation as defined in § 16-13-701 in full, unless the obligation has been excused by the sentencing court; (B) Served any time in county or regional jail, a Division of Community Correction facility, or a Division of Correction facility in full; and (C) If applicable: (i) Has been discharged from probation, parole, or post-release supervision; (ii) Completed any suspended sentence; (iii) Paid any court-ordered restitution; (iv) Completed any court-ordered community service; (v) Paid any driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest, plea of guilty or nolo contendere, or a finding of guilt for the offense; (vi) Completed all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest, plea of guilty or nolo contendere, or a finding of guilt for the offense; and (vii) Completed any vocational or technical education or training program that was required as a condition of the person's parole, post-release supervision, or probation;

(A) Paid his or her fine, court costs, or other monetary obligation as defined in § 16-13-701 in full, unless the obligation has been excused by the sentencing court;

(B) Served any time in county or regional jail, a Division of Community Correction facility, or a Division of Correction facility in full; and

(C) If applicable: (i) Has been discharged from probation, parole, or post-release supervision; (ii) Completed any suspended sentence; (iii) Paid any court-ordered restitution; (iv) Completed any court-ordered community service; (v) Paid any driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest, plea of guilty or nolo contendere, or a finding of guilt for the offense; (vi) Completed all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest, plea of guilty or nolo contendere, or a finding of guilt for the offense; and (vii) Completed any vocational or technical education or training program that was required as a condition of the person's parole, post-release supervision, or probation;

(i) Has been discharged from probation, parole, or post-release supervision;

(ii) Completed any suspended sentence;

(iii) Paid any court-ordered restitution;

(iv) Completed any court-ordered community service;

(v) Paid any driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest, plea of guilty or nolo contendere, or a finding of guilt for the offense;

(vi) Completed all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest, plea of guilty or nolo contendere, or a finding of guilt for the offense; and

(vii) Completed any vocational or technical education or training program that was required as a condition of the person's parole, post-release supervision, or probation;

(2) "Conviction": (A) Includes the following, after the final act of judgment: (i) A plea of guilty or nolo contendere, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, by a person formally charged with an offense; (ii) A finding of guilt, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, by a judge or jury after a trial; (iii) A finding of guilt, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, after entry of a plea of nolo contendere; (iv) A sentence of supervised probation on a felony charge; (v) A suspended imposition of sentence, as defined in § 16-93-1202 , with a fine; (vi) A sentence under § 16-93-1201 et seq.; (vii) A suspended sentence that is revocable and can subject the person to incarceration or a fine, or both; or (viii) A finding of guilt of a person whose case proceeded under § 16-93-301 et seq., and who violated the terms and conditions of § 16-93-301 et seq.; and (B) Does not include: (i) An order nolle prosequi; (ii) A suspended imposition of sentence, as defined in § 16-93-1202 , with no fine; (iii) An acquittal for any reason; (iv) An order that the defendant enter a diversionary program that requires him or her to accomplish certain court-ordered objectives but that does not result in a finding of guilt if the program is successfully completed; (v) A court-ordered probationary period under: (a) The former § 5-64-413 ; or (b) Section 16-93-301 et seq.; (vi) The entry of a plea of guilty or nolo contendere without the court's making a finding of guilt or entering a judgment of guilt with the consent of the defendant or the resultant dismissal and discharge of the defendant as prescribed by § 16-93-301 et seq.; (vii) The entry of a directed verdict by a court at trial; or (viii) The dismissal of a charge either with or without prejudice;

(A) Includes the following, after the final act of judgment: (i) A plea of guilty or nolo contendere, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, by a person formally charged with an offense; (ii) A finding of guilt, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, by a judge or jury after a trial; (iii) A finding of guilt, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, after entry of a plea of nolo contendere; (iv) A sentence of supervised probation on a felony charge; (v) A suspended imposition of sentence, as defined in § 16-93-1202 , with a fine; (vi) A sentence under § 16-93-1201 et seq.; (vii) A suspended sentence that is revocable and can subject the person to incarceration or a fine, or both; or (viii) A finding of guilt of a person whose case proceeded under § 16-93-301 et seq., and who violated the terms and conditions of § 16-93-301 et seq.; and

(i) A plea of guilty or nolo contendere, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, by a person formally charged with an offense;

(ii) A finding of guilt, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, by a judge or jury after a trial;

(iii) A finding of guilt, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, after entry of a plea of nolo contendere;

(iv) A sentence of supervised probation on a felony charge;

(v) A suspended imposition of sentence, as defined in § 16-93-1202 , with a fine;

(vi) A sentence under § 16-93-1201 et seq.;

(vii) A suspended sentence that is revocable and can subject the person to incarceration or a fine, or both; or

(viii) A finding of guilt of a person whose case proceeded under § 16-93-301 et seq., and who violated the terms and conditions of § 16-93-301 et seq.; and

(B) Does not include: (i) An order nolle prosequi; (ii) A suspended imposition of sentence, as defined in § 16-93-1202 , with no fine; (iii) An acquittal for any reason; (iv) An order that the defendant enter a diversionary program that requires him or her to accomplish certain court-ordered objectives but that does not result in a finding of guilt if the program is successfully completed; (v) A court-ordered probationary period under: (a) The former § 5-64-413 ; or (b) Section 16-93-301 et seq.; (vi) The entry of a plea of guilty or nolo contendere without the court's making a finding of guilt or entering a judgment of guilt with the consent of the defendant or the resultant dismissal and discharge of the defendant as prescribed by § 16-93-301 et seq.; (vii) The entry of a directed verdict by a court at trial; or (viii) The dismissal of a charge either with or without prejudice;

(i) An order nolle prosequi;

(ii) A suspended imposition of sentence, as defined in § 16-93-1202 , with no fine;

(iii) An acquittal for any reason;

(iv) An order that the defendant enter a diversionary program that requires him or her to accomplish certain court-ordered objectives but that does not result in a finding of guilt if the program is successfully completed;

(v) A court-ordered probationary period under: (a) The former § 5-64-413 ; or (b) Section 16-93-301 et seq.;

(a) The former § 5-64-413 ; or

(b) Section 16-93-301 et seq.;

(vi) The entry of a plea of guilty or nolo contendere without the court's making a finding of guilt or entering a judgment of guilt with the consent of the defendant or the resultant dismissal and discharge of the defendant as prescribed by § 16-93-301 et seq.;

(vii) The entry of a directed verdict by a court at trial; or

(viii) The dismissal of a charge either with or without prejudice;

(3) "Court" means a sentencing district court or sentencing circuit court, unless otherwise specifically identified;

(4) (A) "Seal" means to expunge, remove, sequester, and treat as confidential the record or records in question according to the procedures established by this subchapter. (B) "Seal" does not include the physical destruction of a record of a conviction unless this subchapter requires the physical destruction of the record of a conviction;

(A) "Seal" means to expunge, remove, sequester, and treat as confidential the record or records in question according to the procedures established by this subchapter.

(B) "Seal" does not include the physical destruction of a record of a conviction unless this subchapter requires the physical destruction of the record of a conviction;

(5) "Sentence" means the outcome formally entered by a court upon a person in criminal proceedings;

(6) "Sex offense" means: (A) The same as defined in § 12-12-903 ; and (B) A felony offense repealed by Acts 2001, No. 1738;

(A) The same as defined in § 12-12-903 ; and

(B) A felony offense repealed by Acts 2001, No. 1738;

(7) "Uniform order" means a uniform order to seal a record described in § 16-90-1414 ; and

(8) "Uniform petition" means a uniform petition to seal a record described in § 16-90-1414 .

Amended by Act 2023, No. 659,§ 143, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 142, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 868, eff. 7/1/2019.

Amended by Act 2015, No. 1198,§ 7, eff. 7/22/2015.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-96-112 — AR Code / Title 16 / Chapter 96 / Subchapter 1 / Section 16-96-112
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023. Acts 1897 (Ex. Sess.), No. 24, § 2; C. & M. Dig., § 7685; Acts 1935, No. 43, § 1; Pope's Dig., § 9814; A.S.A. 1947, § 44-116.

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.

Acts 1897 (Ex. Sess.), No. 24, § 2; C. & M. Dig., § 7685; Acts 1935, No. 43, § 1; Pope's Dig., § 9814; A.S.A. 1947, § 44-116.
Ark. Code Ann. § 16-93-1908 — AR Code / Title 16 / Chapter 93 / Subchapter 19 / Section 16-93-1908
Revocation of post-release supervision
Status: in_force

(a) (1) (A) At any time during an offender's post-release supervision, the Post-Prison Transfer Board may issue a warrant for the arrest of the offender for violation of any of the conditions of post-release supervision or may issue a notice to appear to answer a charge of a violation. (B) (i) The board shall issue a warrant for the arrest of an offender on post-release supervision if the board determines that the offender has been charged with a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 . (ii) An offender arrested on a warrant issued under subdivision (a)(1)(B)(i) of this section shall be detained pending a mandatory post-release supervision hearing. (C) The Division of Community Correction shall provide the information necessary for the board to issue a warrant under this subdivision (a)(1). (2) A warrant or notice issued under subdivision (a)(1) of this section shall be served personally upon the offender. (3) A warrant issued under subdivision (a)(1) of this section shall authorize all officers named in the warrant to place the offender in custody at any suitable detention facility pending a hearing. (4) A community supervision officer may arrest an offender on post-release supervision without a warrant by giving him or her a written statement stating that the offender, in the judgment of the community supervision officer, violated the conditions of his or her post-release supervision. (5) A written statement under subdivision (a)(4) of this section delivered by the arresting community supervision officer with the offender to the official in charge of the detention facility to which the offender is brought is sufficient for detaining the offender pending disposition. (6) If the board or its designee finds, by a preponderance of the evidence, that the offender has inexcusably failed to comply with a condition of his or her post-release supervision, the post-release supervision may be revoked at any time before the expiration of the period of post-release supervision. (7) An offender serving on post-release supervision for whose return a warrant has been issued by the board under this subsection shall be deemed a fugitive from justice if it is found that the warrant cannot be served. (b) (1) An offender transferred to or serving on post-release supervision shall be entitled to a preliminary hearing to determine whether there is reasonable cause to believe that the offender has violated a condition of his or her post-release supervision. (2) A preliminary hearing conducted under subdivision (b)(1) of this section shall be scheduled within seven (7) days after arrest or within seven (7) days after notice is served and shall be conducted within fourteen (14) days after arrest or service of notice to appear, excluding a weekend, holiday, or delay caused by an act of nature, by the revocation hearing judge for the board and at a location reasonably near the place of the alleged violation or the arrest. (3) The offender shall be given notice of the date, time, and location of the preliminary hearing and the conditions of post-release supervision that the offender is alleged to have violated. (4) Except as provided in subsection (d) of this section, the offender has the right to hear and controvert evidence against him or her, to offer evidence on his or her own behalf, and to be represented by counsel at the preliminary hearing. (5) If a revocation hearing judge finds after the preliminary hearing that there is reasonable cause to believe that an offender has violated a condition of post-release supervision by committing a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 , the revocation hearing judge shall order the offender be returned to the nearest facility of the Division of Correction or the Division of Community Correction where he or she shall be placed in custody for a revocation hearing before the board. (6) If a revocation hearing judge finds after the preliminary hearing that there is reasonable cause to believe that an offender has violated a condition of post-release supervision other than the commission of a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 , the revocation hearing judge shall: (A) Order the offender be returned to the nearest facility of the Division of Correction or the Division of Community Correction where he or she shall be placed in custody for a revocation hearing before the board; or (B) Return the offender to post-release supervision with or without additional supervision conditions in response to the violating conduct. (7) (A) If a revocation hearing judge does not find after the preliminary hearing reasonable cause to believe that an offender has violated a condition of post-release supervision, he or she shall order the offender be released from custody. (B) An order to release the offender from custody under subdivision (b)(7)(A) of this section does not bar the board from holding a revocation hearing on the alleged violation of a condition of post-release supervision or from ordering the offender to appear before the board. (8) A revocation hearing judge shall prepare and furnish to the board and the offender a summary of the preliminary hearing proceedings, including without limitation the substance of the evidence and testimony considered along with his or her finding and order, within twenty-one (21) days from the date of the preliminary hearing, excluding a weekend, holiday, or delay caused by an act of nature. (c) (1) (A) Unless a revocation hearing is knowingly and intelligently waived by the offender, transfer to post-release supervision shall not be revoked except after a revocation hearing, which shall be conducted by the board or its designee within a reasonable period after the offender's arrest or service of notice to appear. (B) If a waiver is granted under subdivision (c)(1)(A) of this section, the offender may subsequently appeal the waiver to the board. (2) An offender shall be given notice of the date, time, and location of the revocation hearing, the purpose of the revocation hearing, and the conditions of supervision he or she is alleged to have violated. (3) Except as provided in subsection (d) of this section, the offender has the right to hear and controvert evidence against him or her, to offer evidence in his or her own defense, and to be represented by counsel at the revocation hearing. (4) If post-release supervision is revoked after a revocation hearing, the board or its designee shall prepare and furnish to the offender a statement of evidence relied on and the reasons for revoking the post-release supervision. (d) At a preliminary hearing under subsection (b) of this section or a revocation hearing under subsection (c) of this section: (1) The offender has the right to confront and cross-examine adverse witnesses unless the revocation hearing judge, the board, or the designee of the board specifically finds good cause for not allowing confrontation and cross-examination; and (2) The offender may introduce any relevant evidence of the alleged violation, including without limitation letters, affidavits, and other documentary evidence, regardless of the admissibility of the evidence under the rules governing the admission of evidence. (e) (1) A preliminary hearing under subsection (b) of this section is not required if the offender knowingly and intelligently waives the preliminary hearing. (2) If the revocation hearing is not waived by the offender under subsection (c) of this section, the revocation hearing shall be held within fourteen (14) days after the arrest and reasonably near the place where the alleged violation occurred or where the offender was arrested. (f) A preliminary hearing under subsection (b) of this section and a revocation hearing under subsection (c) of this section is not required if the revocation is based on the offender's conviction of a felony offense for which he or she is sentenced to the Division of Correction or to any other state or federal correctional institution. (g) An offender may be held in a county or regional jail while awaiting a revocation hearing and the ruling of the board or its designee under this section. (h) An offender whose post-release supervision is revoked under this section due to a technical conditions violation or serious conditions violation and who is sentenced to any period of incarceration resulting from the revocation is subject to the periods of incarceration provided in § 16-93-1907 . (i) Upon revocation under this section, an offender subject to a term of post-release supervision for a felony ineligible to receive earned release credits or a restricted release felony shall return to incarceration for the entire remaining period of imprisonment or post-release supervision assessed by the sentencing court. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) (1) (A) At any time during an offender's post-release supervision, the Post-Prison Transfer Board may issue a warrant for the arrest of the offender for violation of any of the conditions of post-release supervision or may issue a notice to appear to answer a charge of a violation. (B) (i) The board shall issue a warrant for the arrest of an offender on post-release supervision if the board determines that the offender has been charged with a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 . (ii) An offender arrested on a warrant issued under subdivision (a)(1)(B)(i) of this section shall be detained pending a mandatory post-release supervision hearing. (C) The Division of Community Correction shall provide the information necessary for the board to issue a warrant under this subdivision (a)(1). (2) A warrant or notice issued under subdivision (a)(1) of this section shall be served personally upon the offender. (3) A warrant issued under subdivision (a)(1) of this section shall authorize all officers named in the warrant to place the offender in custody at any suitable detention facility pending a hearing. (4) A community supervision officer may arrest an offender on post-release supervision without a warrant by giving him or her a written statement stating that the offender, in the judgment of the community supervision officer, violated the conditions of his or her post-release supervision. (5) A written statement under subdivision (a)(4) of this section delivered by the arresting community supervision officer with the offender to the official in charge of the detention facility to which the offender is brought is sufficient for detaining the offender pending disposition. (6) If the board or its designee finds, by a preponderance of the evidence, that the offender has inexcusably failed to comply with a condition of his or her post-release supervision, the post-release supervision may be revoked at any time before the expiration of the period of post-release supervision. (7) An offender serving on post-release supervision for whose return a warrant has been issued by the board under this subsection shall be deemed a fugitive from justice if it is found that the warrant cannot be served.

(1) (A) At any time during an offender's post-release supervision, the Post-Prison Transfer Board may issue a warrant for the arrest of the offender for violation of any of the conditions of post-release supervision or may issue a notice to appear to answer a charge of a violation. (B) (i) The board shall issue a warrant for the arrest of an offender on post-release supervision if the board determines that the offender has been charged with a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 . (ii) An offender arrested on a warrant issued under subdivision (a)(1)(B)(i) of this section shall be detained pending a mandatory post-release supervision hearing. (C) The Division of Community Correction shall provide the information necessary for the board to issue a warrant under this subdivision (a)(1).

(A) At any time during an offender's post-release supervision, the Post-Prison Transfer Board may issue a warrant for the arrest of the offender for violation of any of the conditions of post-release supervision or may issue a notice to appear to answer a charge of a violation.

(B) (i) The board shall issue a warrant for the arrest of an offender on post-release supervision if the board determines that the offender has been charged with a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 . (ii) An offender arrested on a warrant issued under subdivision (a)(1)(B)(i) of this section shall be detained pending a mandatory post-release supervision hearing.

(i) The board shall issue a warrant for the arrest of an offender on post-release supervision if the board determines that the offender has been charged with a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 .

(ii) An offender arrested on a warrant issued under subdivision (a)(1)(B)(i) of this section shall be detained pending a mandatory post-release supervision hearing.

(C) The Division of Community Correction shall provide the information necessary for the board to issue a warrant under this subdivision (a)(1).

(2) A warrant or notice issued under subdivision (a)(1) of this section shall be served personally upon the offender.

(3) A warrant issued under subdivision (a)(1) of this section shall authorize all officers named in the warrant to place the offender in custody at any suitable detention facility pending a hearing.

(4) A community supervision officer may arrest an offender on post-release supervision without a warrant by giving him or her a written statement stating that the offender, in the judgment of the community supervision officer, violated the conditions of his or her post-release supervision.

(5) A written statement under subdivision (a)(4) of this section delivered by the arresting community supervision officer with the offender to the official in charge of the detention facility to which the offender is brought is sufficient for detaining the offender pending disposition.

(6) If the board or its designee finds, by a preponderance of the evidence, that the offender has inexcusably failed to comply with a condition of his or her post-release supervision, the post-release supervision may be revoked at any time before the expiration of the period of post-release supervision.

(7) An offender serving on post-release supervision for whose return a warrant has been issued by the board under this subsection shall be deemed a fugitive from justice if it is found that the warrant cannot be served.

(b) (1) An offender transferred to or serving on post-release supervision shall be entitled to a preliminary hearing to determine whether there is reasonable cause to believe that the offender has violated a condition of his or her post-release supervision. (2) A preliminary hearing conducted under subdivision (b)(1) of this section shall be scheduled within seven (7) days after arrest or within seven (7) days after notice is served and shall be conducted within fourteen (14) days after arrest or service of notice to appear, excluding a weekend, holiday, or delay caused by an act of nature, by the revocation hearing judge for the board and at a location reasonably near the place of the alleged violation or the arrest. (3) The offender shall be given notice of the date, time, and location of the preliminary hearing and the conditions of post-release supervision that the offender is alleged to have violated. (4) Except as provided in subsection (d) of this section, the offender has the right to hear and controvert evidence against him or her, to offer evidence on his or her own behalf, and to be represented by counsel at the preliminary hearing. (5) If a revocation hearing judge finds after the preliminary hearing that there is reasonable cause to believe that an offender has violated a condition of post-release supervision by committing a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 , the revocation hearing judge shall order the offender be returned to the nearest facility of the Division of Correction or the Division of Community Correction where he or she shall be placed in custody for a revocation hearing before the board. (6) If a revocation hearing judge finds after the preliminary hearing that there is reasonable cause to believe that an offender has violated a condition of post-release supervision other than the commission of a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 , the revocation hearing judge shall: (A) Order the offender be returned to the nearest facility of the Division of Correction or the Division of Community Correction where he or she shall be placed in custody for a revocation hearing before the board; or (B) Return the offender to post-release supervision with or without additional supervision conditions in response to the violating conduct. (7) (A) If a revocation hearing judge does not find after the preliminary hearing reasonable cause to believe that an offender has violated a condition of post-release supervision, he or she shall order the offender be released from custody. (B) An order to release the offender from custody under subdivision (b)(7)(A) of this section does not bar the board from holding a revocation hearing on the alleged violation of a condition of post-release supervision or from ordering the offender to appear before the board. (8) A revocation hearing judge shall prepare and furnish to the board and the offender a summary of the preliminary hearing proceedings, including without limitation the substance of the evidence and testimony considered along with his or her finding and order, within twenty-one (21) days from the date of the preliminary hearing, excluding a weekend, holiday, or delay caused by an act of nature.

(1) An offender transferred to or serving on post-release supervision shall be entitled to a preliminary hearing to determine whether there is reasonable cause to believe that the offender has violated a condition of his or her post-release supervision.

(2) A preliminary hearing conducted under subdivision (b)(1) of this section shall be scheduled within seven (7) days after arrest or within seven (7) days after notice is served and shall be conducted within fourteen (14) days after arrest or service of notice to appear, excluding a weekend, holiday, or delay caused by an act of nature, by the revocation hearing judge for the board and at a location reasonably near the place of the alleged violation or the arrest.

(3) The offender shall be given notice of the date, time, and location of the preliminary hearing and the conditions of post-release supervision that the offender is alleged to have violated.

(4) Except as provided in subsection (d) of this section, the offender has the right to hear and controvert evidence against him or her, to offer evidence on his or her own behalf, and to be represented by counsel at the preliminary hearing.

(5) If a revocation hearing judge finds after the preliminary hearing that there is reasonable cause to believe that an offender has violated a condition of post-release supervision by committing a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 , the revocation hearing judge shall order the offender be returned to the nearest facility of the Division of Correction or the Division of Community Correction where he or she shall be placed in custody for a revocation hearing before the board.

(6) If a revocation hearing judge finds after the preliminary hearing that there is reasonable cause to believe that an offender has violated a condition of post-release supervision other than the commission of a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802 , the revocation hearing judge shall: (A) Order the offender be returned to the nearest facility of the Division of Correction or the Division of Community Correction where he or she shall be placed in custody for a revocation hearing before the board; or (B) Return the offender to post-release supervision with or without additional supervision conditions in response to the violating conduct.

(A) Order the offender be returned to the nearest facility of the Division of Correction or the Division of Community Correction where he or she shall be placed in custody for a revocation hearing before the board; or

(B) Return the offender to post-release supervision with or without additional supervision conditions in response to the violating conduct.

(7) (A) If a revocation hearing judge does not find after the preliminary hearing reasonable cause to believe that an offender has violated a condition of post-release supervision, he or she shall order the offender be released from custody. (B) An order to release the offender from custody under subdivision (b)(7)(A) of this section does not bar the board from holding a revocation hearing on the alleged violation of a condition of post-release supervision or from ordering the offender to appear before the board.

(A) If a revocation hearing judge does not find after the preliminary hearing reasonable cause to believe that an offender has violated a condition of post-release supervision, he or she shall order the offender be released from custody.

(B) An order to release the offender from custody under subdivision (b)(7)(A) of this section does not bar the board from holding a revocation hearing on the alleged violation of a condition of post-release supervision or from ordering the offender to appear before the board.

(8) A revocation hearing judge shall prepare and furnish to the board and the offender a summary of the preliminary hearing proceedings, including without limitation the substance of the evidence and testimony considered along with his or her finding and order, within twenty-one (21) days from the date of the preliminary hearing, excluding a weekend, holiday, or delay caused by an act of nature.

(c) (1) (A) Unless a revocation hearing is knowingly and intelligently waived by the offender, transfer to post-release supervision shall not be revoked except after a revocation hearing, which shall be conducted by the board or its designee within a reasonable period after the offender's arrest or service of notice to appear. (B) If a waiver is granted under subdivision (c)(1)(A) of this section, the offender may subsequently appeal the waiver to the board. (2) An offender shall be given notice of the date, time, and location of the revocation hearing, the purpose of the revocation hearing, and the conditions of supervision he or she is alleged to have violated. (3) Except as provided in subsection (d) of this section, the offender has the right to hear and controvert evidence against him or her, to offer evidence in his or her own defense, and to be represented by counsel at the revocation hearing. (4) If post-release supervision is revoked after a revocation hearing, the board or its designee shall prepare and furnish to the offender a statement of evidence relied on and the reasons for revoking the post-release supervision.

(1) (A) Unless a revocation hearing is knowingly and intelligently waived by the offender, transfer to post-release supervision shall not be revoked except after a revocation hearing, which shall be conducted by the board or its designee within a reasonable period after the offender's arrest or service of notice to appear. (B) If a waiver is granted under subdivision (c)(1)(A) of this section, the offender may subsequently appeal the waiver to the board.

(A) Unless a revocation hearing is knowingly and intelligently waived by the offender, transfer to post-release supervision shall not be revoked except after a revocation hearing, which shall be conducted by the board or its designee within a reasonable period after the offender's arrest or service of notice to appear.

(B) If a waiver is granted under subdivision (c)(1)(A) of this section, the offender may subsequently appeal the waiver to the board.

(2) An offender shall be given notice of the date, time, and location of the revocation hearing, the purpose of the revocation hearing, and the conditions of supervision he or she is alleged to have violated.

(3) Except as provided in subsection (d) of this section, the offender has the right to hear and controvert evidence against him or her, to offer evidence in his or her own defense, and to be represented by counsel at the revocation hearing.

(4) If post-release supervision is revoked after a revocation hearing, the board or its designee shall prepare and furnish to the offender a statement of evidence relied on and the reasons for revoking the post-release supervision.

(d) At a preliminary hearing under subsection (b) of this section or a revocation hearing under subsection (c) of this section: (1) The offender has the right to confront and cross-examine adverse witnesses unless the revocation hearing judge, the board, or the designee of the board specifically finds good cause for not allowing confrontation and cross-examination; and (2) The offender may introduce any relevant evidence of the alleged violation, including without limitation letters, affidavits, and other documentary evidence, regardless of the admissibility of the evidence under the rules governing the admission of evidence.

(1) The offender has the right to confront and cross-examine adverse witnesses unless the revocation hearing judge, the board, or the designee of the board specifically finds good cause for not allowing confrontation and cross-examination; and

(2) The offender may introduce any relevant evidence of the alleged violation, including without limitation letters, affidavits, and other documentary evidence, regardless of the admissibility of the evidence under the rules governing the admission of evidence.

(e) (1) A preliminary hearing under subsection (b) of this section is not required if the offender knowingly and intelligently waives the preliminary hearing. (2) If the revocation hearing is not waived by the offender under subsection (c) of this section, the revocation hearing shall be held within fourteen (14) days after the arrest and reasonably near the place where the alleged violation occurred or where the offender was arrested.

(1) A preliminary hearing under subsection (b) of this section is not required if the offender knowingly and intelligently waives the preliminary hearing.

(2) If the revocation hearing is not waived by the offender under subsection (c) of this section, the revocation hearing shall be held within fourteen (14) days after the arrest and reasonably near the place where the alleged violation occurred or where the offender was arrested.

(f) A preliminary hearing under subsection (b) of this section and a revocation hearing under subsection (c) of this section is not required if the revocation is based on the offender's conviction of a felony offense for which he or she is sentenced to the Division of Correction or to any other state or federal correctional institution.

(g) An offender may be held in a county or regional jail while awaiting a revocation hearing and the ruling of the board or its designee under this section.

(h) An offender whose post-release supervision is revoked under this section due to a technical conditions violation or serious conditions violation and who is sentenced to any period of incarceration resulting from the revocation is subject to the periods of incarceration provided in § 16-93-1907 .

(i) Upon revocation under this section, an offender subject to a term of post-release supervision for a felony ineligible to receive earned release credits or a restricted release felony shall return to incarceration for the entire remaining period of imprisonment or post-release supervision assessed by the sentencing court.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-93-311 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-311
Probation generally - Restitution
Status: in_force

If the court has suspended imposition of sentence or placed a defendant on probation conditioned upon the defendant's making restitution and the defendant has not satisfactorily made all of his or her payments when the probation period has ended, the court may: (1) Continue to assert the court's jurisdiction over the recalcitrant defendant; and (2) Either: (A) Extend the probation period as the court deems necessary; or (B) Revoke the defendant's suspended sentence. Acts 2011, No. 570, § 90.

If the court has suspended imposition of sentence or placed a defendant on probation conditioned upon the defendant's making restitution and the defendant has not satisfactorily made all of his or her payments when the probation period has ended, the court may:

(1) Continue to assert the court's jurisdiction over the recalcitrant defendant; and

(2) Either: (A) Extend the probation period as the court deems necessary; or (B) Revoke the defendant's suspended sentence.

(A) Extend the probation period as the court deems necessary; or

(B) Revoke the defendant's suspended sentence.

Acts 2011, No. 570, § 90.
Ark. Code Ann. § 16-21-602 — AR Code / Title 16 / Chapter 21 / Subchapter 6 / Section 16-21-602
Funding of expenses and employees - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Employee and assistant expenses" includes without limitation the following expenses and related expenses with respect to employees and assistants of the Prosecuting Attorney of the First Judicial District and deputy prosecuting attorneys: (i) Salaries and benefits; (ii) Social Security; (iii) Matching; (iv) Retirement; (v) Health insurance; and (vi) Other employee and assistant expenses determined by the prosecuting attorney to be a proper employee and assistant expense. (B) "Employee and assistant expenses" does not include salaries and benefits for deputy prosecuting attorneys; (2) "Investigative expenses" means necessary expenses in connection with an investigation incident to a criminal law violation or trial before a court within the First Judicial District that is within the duties of the prosecuting attorney's office; and (3) "Office expenses" includes without limitation the cost of: (A) Facilities, equipment, maintenance and operation, service contracts, capital outlay, telephones, copy machines, computers, and printers; (B) Office supplies, postage, and copying; (C) Contract labor; (D) Travel; (E) The Arkansas Code of 1987 Annotated and Arkansas Model Jury Instructions; and (F) Other office expenses determined by the prosecuting attorney to be a proper office expense. (b) Through an annual appropriation at sufficient level for operation, each county within the district shall provide at the county's expense the office expenses, investigative expenses, and employee and assistant expenses of the prosecuting attorney and deputy prosecuting attorneys. Added by Act 2017, No. 749,§ 1, eff. 8/1/2017.

(a) As used in this section: (1) (A) "Employee and assistant expenses" includes without limitation the following expenses and related expenses with respect to employees and assistants of the Prosecuting Attorney of the First Judicial District and deputy prosecuting attorneys: (i) Salaries and benefits; (ii) Social Security; (iii) Matching; (iv) Retirement; (v) Health insurance; and (vi) Other employee and assistant expenses determined by the prosecuting attorney to be a proper employee and assistant expense. (B) "Employee and assistant expenses" does not include salaries and benefits for deputy prosecuting attorneys; (2) "Investigative expenses" means necessary expenses in connection with an investigation incident to a criminal law violation or trial before a court within the First Judicial District that is within the duties of the prosecuting attorney's office; and (3) "Office expenses" includes without limitation the cost of: (A) Facilities, equipment, maintenance and operation, service contracts, capital outlay, telephones, copy machines, computers, and printers; (B) Office supplies, postage, and copying; (C) Contract labor; (D) Travel; (E) The Arkansas Code of 1987 Annotated and Arkansas Model Jury Instructions; and (F) Other office expenses determined by the prosecuting attorney to be a proper office expense.

(1) (A) "Employee and assistant expenses" includes without limitation the following expenses and related expenses with respect to employees and assistants of the Prosecuting Attorney of the First Judicial District and deputy prosecuting attorneys: (i) Salaries and benefits; (ii) Social Security; (iii) Matching; (iv) Retirement; (v) Health insurance; and (vi) Other employee and assistant expenses determined by the prosecuting attorney to be a proper employee and assistant expense. (B) "Employee and assistant expenses" does not include salaries and benefits for deputy prosecuting attorneys;

(A) "Employee and assistant expenses" includes without limitation the following expenses and related expenses with respect to employees and assistants of the Prosecuting Attorney of the First Judicial District and deputy prosecuting attorneys: (i) Salaries and benefits; (ii) Social Security; (iii) Matching; (iv) Retirement; (v) Health insurance; and (vi) Other employee and assistant expenses determined by the prosecuting attorney to be a proper employee and assistant expense.

(i) Salaries and benefits;

(ii) Social Security;

(iii) Matching;

(iv) Retirement;

(v) Health insurance; and

(vi) Other employee and assistant expenses determined by the prosecuting attorney to be a proper employee and assistant expense.

(B) "Employee and assistant expenses" does not include salaries and benefits for deputy prosecuting attorneys;

(2) "Investigative expenses" means necessary expenses in connection with an investigation incident to a criminal law violation or trial before a court within the First Judicial District that is within the duties of the prosecuting attorney's office; and

(3) "Office expenses" includes without limitation the cost of: (A) Facilities, equipment, maintenance and operation, service contracts, capital outlay, telephones, copy machines, computers, and printers; (B) Office supplies, postage, and copying; (C) Contract labor; (D) Travel; (E) The Arkansas Code of 1987 Annotated and Arkansas Model Jury Instructions; and (F) Other office expenses determined by the prosecuting attorney to be a proper office expense.

(A) Facilities, equipment, maintenance and operation, service contracts, capital outlay, telephones, copy machines, computers, and printers;

(B) Office supplies, postage, and copying;

(C) Contract labor;

(D) Travel;

(E) The Arkansas Code of 1987 Annotated and Arkansas Model Jury Instructions; and

(F) Other office expenses determined by the prosecuting attorney to be a proper office expense.

(b) Through an annual appropriation at sufficient level for operation, each county within the district shall provide at the county's expense the office expenses, investigative expenses, and employee and assistant expenses of the prosecuting attorney and deputy prosecuting attorneys.

Added by Act 2017, No. 749,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 16-21-1801 — AR Code / Title 16 / Chapter 21 / Subchapter 18 / Section 16-21-1801
Contingent expense allowances
Status: in_force

(a) In implementation of § 16-21-119(a) , and in lieu of any other contingent expense allowance provided by law for the Prosecuting Attorney of the Thirteenth Judicial District, the Prosecuting Attorney shall receive an expense allowance to be borne by the respective counties of the Thirteenth Judicial District as follows: (1) Calhoun County ........................... Such amount as may be approved by the Quorum Court of Calhoun County, not to exceed one thousand seven hundred eighty-two dollars ($1,782) per annum; (2) Columbia County ......................... Such amount as may be approved by the Quorum Court of Columbia County, not to exceed three thousand seven hundred eighty dollars ($3,780) per annum; (3) Cleveland County ......................... Such amount as may be approved by the Quorum Court of Cleveland County, not to exceed one thousand eight hundred dollars ($1,800) per annum; (4) Dallas County ............................. Such amount as may be approved by the Quorum Court of Dallas County, not to exceed two thousand dollars ($2,000) per annum; (5) Ouachita County .......................... Such amount as may be approved by the Quorum Court of Ouachita County, not to exceed four thousand one hundred forty dollars ($4,140) per annum; and (6) Union County ............................. Such amount as may be approved by the Quorum Court of Union County, not to exceed six thousand six hundred sixty dollars ($6,660) per annum. (b) The counties in the Thirteenth Judicial District shall pay the annual amounts prescribed in this section in equal monthly installments. (c) There shall be no requirement that the prosecuting attorney submit vouchers to the respective counties in connection with the expenses. Acts 1985, No. 1093, §§ 1, 2; A.S.A. 1947, § 24-114.3.

(a) In implementation of § 16-21-119(a) , and in lieu of any other contingent expense allowance provided by law for the Prosecuting Attorney of the Thirteenth Judicial District, the Prosecuting Attorney shall receive an expense allowance to be borne by the respective counties of the Thirteenth Judicial District as follows: (1) Calhoun County ........................... Such amount as may be approved by the Quorum Court of Calhoun County, not to exceed one thousand seven hundred eighty-two dollars ($1,782) per annum; (2) Columbia County ......................... Such amount as may be approved by the Quorum Court of Columbia County, not to exceed three thousand seven hundred eighty dollars ($3,780) per annum; (3) Cleveland County ......................... Such amount as may be approved by the Quorum Court of Cleveland County, not to exceed one thousand eight hundred dollars ($1,800) per annum; (4) Dallas County ............................. Such amount as may be approved by the Quorum Court of Dallas County, not to exceed two thousand dollars ($2,000) per annum; (5) Ouachita County .......................... Such amount as may be approved by the Quorum Court of Ouachita County, not to exceed four thousand one hundred forty dollars ($4,140) per annum; and (6) Union County ............................. Such amount as may be approved by the Quorum Court of Union County, not to exceed six thousand six hundred sixty dollars ($6,660) per annum.

(1) Calhoun County ........................... Such amount as may be approved by the Quorum Court of Calhoun County, not to exceed one thousand seven hundred eighty-two dollars ($1,782) per annum; (2) Columbia County ......................... Such amount as may be approved by the Quorum Court of Columbia County, not to exceed three thousand seven hundred eighty dollars ($3,780) per annum; (3) Cleveland County ......................... Such amount as may be approved by the Quorum Court of Cleveland County, not to exceed one thousand eight hundred dollars ($1,800) per annum; (4) Dallas County ............................. Such amount as may be approved by the Quorum Court of Dallas County, not to exceed two thousand dollars ($2,000) per annum; (5) Ouachita County .......................... Such amount as may be approved by the Quorum Court of Ouachita County, not to exceed four thousand one hundred forty dollars ($4,140) per annum; and (6) Union County ............................. Such amount as may be approved by the Quorum Court of Union County, not to exceed six thousand six hundred sixty dollars ($6,660) per annum.

(1) Calhoun County ...........................

Such amount as may be approved by the Quorum Court of Calhoun County, not to exceed one thousand seven hundred eighty-two dollars ($1,782) per annum;

(2) Columbia County .........................

Such amount as may be approved by the Quorum Court of Columbia County, not to exceed three thousand seven hundred eighty dollars ($3,780) per annum;

(3) Cleveland County .........................

Such amount as may be approved by the Quorum Court of Cleveland County, not to exceed one thousand eight hundred dollars ($1,800) per annum;

(4) Dallas County .............................

Such amount as may be approved by the Quorum Court of Dallas County, not to exceed two thousand dollars ($2,000) per annum;

(5) Ouachita County ..........................

Such amount as may be approved by the Quorum Court of Ouachita County, not to exceed four thousand one hundred forty dollars ($4,140) per annum; and

(6) Union County .............................

Such amount as may be approved by the Quorum Court of Union County, not to exceed six thousand six hundred sixty dollars ($6,660) per annum.

(b) The counties in the Thirteenth Judicial District shall pay the annual amounts prescribed in this section in equal monthly installments.

(c) There shall be no requirement that the prosecuting attorney submit vouchers to the respective counties in connection with the expenses.

Acts 1985, No. 1093, §§ 1, 2; A.S.A. 1947, § 24-114.3.
Ark. Code Ann. § 16-21-133 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-133
The Eleventh Judicial District-West
Status: in_force

The Eleventh Judicial District-West shall be a Division A Judicial District. Acts 1993, No. 1306, § 1.

The Eleventh Judicial District-West shall be a Division A Judicial District.

Acts 1993, No. 1306, § 1.
Ark. Code Ann. § 16-90-1413 — AR Code / Title 16 / Chapter 90 / Subchapter 14 / Section 16-90-1413
Procedure for sealing of records
Status: in_force

(a) (1) A person who is eligible to have a record sealed under this subchapter may file a uniform petition in the circuit court or district court in the county where the offense was committed and in which the person was convicted for the offense he or she is now petitioning to have sealed. (2) Except as provided in §§ 16-90-1405 and 16-90-1406 , if a person has previously petitioned the court for the sealing of a record and that petition was subsequently denied, the person may not file a uniform petition under this subchapter regarding that record until one (1) year has passed since the denial of the previous petition. (b) (1) (A) A copy of the uniform petition shall be served upon the prosecuting attorney for the county in which the uniform petition is filed and upon the arresting agency, if the arresting agency is a named party, within three (3) days of the filing of the uniform petition. (B) It is not necessary to make the arresting agency a party to the action. (2) (A) The prosecuting attorney may file a notice of opposition with the court for a uniform petition seeking to seal a record of an eligible misdemeanor conviction or violation setting forth reasons for the opposition to the sealing within thirty (30) days after receipt of the uniform petition or after the uniform petition is filed, whichever is the later date. (B) (i) If notice of opposition is not filed, the court may grant the uniform petition. (ii) If notice of opposition is filed, the court shall set the matter for a hearing if the record for which the uniform petition was filed is eligible for sealing under this subchapter unless the prosecuting attorney consents to allow the court to decide the case solely on the pleadings. (3) (A) The prosecuting attorney may file a notice of opposition with the court for a uniform petition seeking to seal a record of an eligible felony conviction setting forth reasons for the opposition to the sealing within thirty (30) days after receipt of the uniform petition or after the uniform petition is filed, whichever is the later date. (B) If the prosecuting attorney files a notice of opposition with the court, the court may set the matter for a hearing. (C) The court may grant the uniform petition only after the hearing described in subdivision (b)(3)(B) of this section has been conducted. (c) (1) The court may grant or deny a uniform petition at any time after the thirty-day period described in subdivision (b)(3)(A) of this section has expired. (2) If the court determines that the record shall be sealed under the standards of § 16-90-1415 , the uniform order described in § 16-90-1414 shall be entered and filed with the circuit court clerk or district court clerk, as applicable. (d) (1) A court clerk with whom a uniform order is filed shall certify copies of the uniform order to the prosecuting attorney who filed the underlying charges, the arresting agency, the Arkansas Crime Information Center, and, if applicable, any district court where the person appeared before the transfer or appeal of the case to circuit court. (2) The Administrative Office of the Courts shall only accept certified copies of the uniform orders filed in circuit court. (e) (1) The circuit court clerk, the district court clerk, and, if applicable, the district court clerk where the person appeared before the transfer or appeal of the case to circuit court shall: (A) Remove all petitions, orders, docket sheets, receipts, and documents relating to the record; (B) Place the records described in subdivision (e)(1)(A) of this section in a file; and (C) Sequester the records described in subdivision (e)(1)(A) of this section in a separate and confidential holding area within the clerk's office. (2) (A) A docket sheet shall be prepared to replace the sealed docket sheet. (B) The replacement docket sheet shall contain the docket number, a statement that the record has been sealed, and the date that the order to seal the record was issued. (3) All indices to the file of the person with a sealed record shall be maintained in a manner to prevent general access to the identification of the person. (f) The prosecuting attorney shall: (1) Remove the entire case file and documents or other items related to the record; (2) Place the records described in subdivision (e)(1)(A) of this section in a file; and (3) Sequester the records described in subdivision (e)(1)(A) of this section in a confidential holding area within his or her office. (g) The arresting agency shall: (1) Remove its entire record file and documents or other items relating to the record, including any evidence still in the arresting agency's possession; (2) Place the records described in subdivision (e)(1)(A) of this section in a file; and (3) Sequester the records described in subdivision (e)(1)(A) of this section in a confidential holding area within the arresting agency. (h) Upon notification of a uniform order, all circuit clerks, district clerks, arresting agencies, and other criminal justice agencies maintaining records in a computer-generated database shall either segregate the entire record, including receipts, into a separate file or ensure by other electronic means that the sealed record shall not be available for general access unless otherwise authorized by law. Amended by Act 2023, No. 117,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 341,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 57,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1152,§ 14, eff. 7/22/2015. Amended by Act 2015, No. 1152,§ 13, eff. 7/22/2015. Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.

(a) (1) A person who is eligible to have a record sealed under this subchapter may file a uniform petition in the circuit court or district court in the county where the offense was committed and in which the person was convicted for the offense he or she is now petitioning to have sealed. (2) Except as provided in §§ 16-90-1405 and 16-90-1406 , if a person has previously petitioned the court for the sealing of a record and that petition was subsequently denied, the person may not file a uniform petition under this subchapter regarding that record until one (1) year has passed since the denial of the previous petition.

(1) A person who is eligible to have a record sealed under this subchapter may file a uniform petition in the circuit court or district court in the county where the offense was committed and in which the person was convicted for the offense he or she is now petitioning to have sealed.

(2) Except as provided in §§ 16-90-1405 and 16-90-1406 , if a person has previously petitioned the court for the sealing of a record and that petition was subsequently denied, the person may not file a uniform petition under this subchapter regarding that record until one (1) year has passed since the denial of the previous petition.

(b) (1) (A) A copy of the uniform petition shall be served upon the prosecuting attorney for the county in which the uniform petition is filed and upon the arresting agency, if the arresting agency is a named party, within three (3) days of the filing of the uniform petition. (B) It is not necessary to make the arresting agency a party to the action. (2) (A) The prosecuting attorney may file a notice of opposition with the court for a uniform petition seeking to seal a record of an eligible misdemeanor conviction or violation setting forth reasons for the opposition to the sealing within thirty (30) days after receipt of the uniform petition or after the uniform petition is filed, whichever is the later date. (B) (i) If notice of opposition is not filed, the court may grant the uniform petition. (ii) If notice of opposition is filed, the court shall set the matter for a hearing if the record for which the uniform petition was filed is eligible for sealing under this subchapter unless the prosecuting attorney consents to allow the court to decide the case solely on the pleadings. (3) (A) The prosecuting attorney may file a notice of opposition with the court for a uniform petition seeking to seal a record of an eligible felony conviction setting forth reasons for the opposition to the sealing within thirty (30) days after receipt of the uniform petition or after the uniform petition is filed, whichever is the later date. (B) If the prosecuting attorney files a notice of opposition with the court, the court may set the matter for a hearing. (C) The court may grant the uniform petition only after the hearing described in subdivision (b)(3)(B) of this section has been conducted.

(1) (A) A copy of the uniform petition shall be served upon the prosecuting attorney for the county in which the uniform petition is filed and upon the arresting agency, if the arresting agency is a named party, within three (3) days of the filing of the uniform petition. (B) It is not necessary to make the arresting agency a party to the action.

(A) A copy of the uniform petition shall be served upon the prosecuting attorney for the county in which the uniform petition is filed and upon the arresting agency, if the arresting agency is a named party, within three (3) days of the filing of the uniform petition.

(B) It is not necessary to make the arresting agency a party to the action.

(2) (A) The prosecuting attorney may file a notice of opposition with the court for a uniform petition seeking to seal a record of an eligible misdemeanor conviction or violation setting forth reasons for the opposition to the sealing within thirty (30) days after receipt of the uniform petition or after the uniform petition is filed, whichever is the later date. (B) (i) If notice of opposition is not filed, the court may grant the uniform petition. (ii) If notice of opposition is filed, the court shall set the matter for a hearing if the record for which the uniform petition was filed is eligible for sealing under this subchapter unless the prosecuting attorney consents to allow the court to decide the case solely on the pleadings.

(A) The prosecuting attorney may file a notice of opposition with the court for a uniform petition seeking to seal a record of an eligible misdemeanor conviction or violation setting forth reasons for the opposition to the sealing within thirty (30) days after receipt of the uniform petition or after the uniform petition is filed, whichever is the later date.

(B) (i) If notice of opposition is not filed, the court may grant the uniform petition. (ii) If notice of opposition is filed, the court shall set the matter for a hearing if the record for which the uniform petition was filed is eligible for sealing under this subchapter unless the prosecuting attorney consents to allow the court to decide the case solely on the pleadings.

(i) If notice of opposition is not filed, the court may grant the uniform petition.

(ii) If notice of opposition is filed, the court shall set the matter for a hearing if the record for which the uniform petition was filed is eligible for sealing under this subchapter unless the prosecuting attorney consents to allow the court to decide the case solely on the pleadings.

(3) (A) The prosecuting attorney may file a notice of opposition with the court for a uniform petition seeking to seal a record of an eligible felony conviction setting forth reasons for the opposition to the sealing within thirty (30) days after receipt of the uniform petition or after the uniform petition is filed, whichever is the later date. (B) If the prosecuting attorney files a notice of opposition with the court, the court may set the matter for a hearing. (C) The court may grant the uniform petition only after the hearing described in subdivision (b)(3)(B) of this section has been conducted.

(A) The prosecuting attorney may file a notice of opposition with the court for a uniform petition seeking to seal a record of an eligible felony conviction setting forth reasons for the opposition to the sealing within thirty (30) days after receipt of the uniform petition or after the uniform petition is filed, whichever is the later date.

(B) If the prosecuting attorney files a notice of opposition with the court, the court may set the matter for a hearing.

(C) The court may grant the uniform petition only after the hearing described in subdivision (b)(3)(B) of this section has been conducted.

(c) (1) The court may grant or deny a uniform petition at any time after the thirty-day period described in subdivision (b)(3)(A) of this section has expired. (2) If the court determines that the record shall be sealed under the standards of § 16-90-1415 , the uniform order described in § 16-90-1414 shall be entered and filed with the circuit court clerk or district court clerk, as applicable.

(1) The court may grant or deny a uniform petition at any time after the thirty-day period described in subdivision (b)(3)(A) of this section has expired.

(2) If the court determines that the record shall be sealed under the standards of § 16-90-1415 , the uniform order described in § 16-90-1414 shall be entered and filed with the circuit court clerk or district court clerk, as applicable.

(d) (1) A court clerk with whom a uniform order is filed shall certify copies of the uniform order to the prosecuting attorney who filed the underlying charges, the arresting agency, the Arkansas Crime Information Center, and, if applicable, any district court where the person appeared before the transfer or appeal of the case to circuit court. (2) The Administrative Office of the Courts shall only accept certified copies of the uniform orders filed in circuit court.

(1) A court clerk with whom a uniform order is filed shall certify copies of the uniform order to the prosecuting attorney who filed the underlying charges, the arresting agency, the Arkansas Crime Information Center, and, if applicable, any district court where the person appeared before the transfer or appeal of the case to circuit court.

(2) The Administrative Office of the Courts shall only accept certified copies of the uniform orders filed in circuit court.

(e) (1) The circuit court clerk, the district court clerk, and, if applicable, the district court clerk where the person appeared before the transfer or appeal of the case to circuit court shall: (A) Remove all petitions, orders, docket sheets, receipts, and documents relating to the record; (B) Place the records described in subdivision (e)(1)(A) of this section in a file; and (C) Sequester the records described in subdivision (e)(1)(A) of this section in a separate and confidential holding area within the clerk's office. (2) (A) A docket sheet shall be prepared to replace the sealed docket sheet. (B) The replacement docket sheet shall contain the docket number, a statement that the record has been sealed, and the date that the order to seal the record was issued. (3) All indices to the file of the person with a sealed record shall be maintained in a manner to prevent general access to the identification of the person.

(1) The circuit court clerk, the district court clerk, and, if applicable, the district court clerk where the person appeared before the transfer or appeal of the case to circuit court shall: (A) Remove all petitions, orders, docket sheets, receipts, and documents relating to the record; (B) Place the records described in subdivision (e)(1)(A) of this section in a file; and (C) Sequester the records described in subdivision (e)(1)(A) of this section in a separate and confidential holding area within the clerk's office.

(A) Remove all petitions, orders, docket sheets, receipts, and documents relating to the record;

(B) Place the records described in subdivision (e)(1)(A) of this section in a file; and

(C) Sequester the records described in subdivision (e)(1)(A) of this section in a separate and confidential holding area within the clerk's office.

(2) (A) A docket sheet shall be prepared to replace the sealed docket sheet. (B) The replacement docket sheet shall contain the docket number, a statement that the record has been sealed, and the date that the order to seal the record was issued.

(A) A docket sheet shall be prepared to replace the sealed docket sheet.

(B) The replacement docket sheet shall contain the docket number, a statement that the record has been sealed, and the date that the order to seal the record was issued.

(3) All indices to the file of the person with a sealed record shall be maintained in a manner to prevent general access to the identification of the person.

(f) The prosecuting attorney shall: (1) Remove the entire case file and documents or other items related to the record; (2) Place the records described in subdivision (e)(1)(A) of this section in a file; and (3) Sequester the records described in subdivision (e)(1)(A) of this section in a confidential holding area within his or her office.

(1) Remove the entire case file and documents or other items related to the record;

(2) Place the records described in subdivision (e)(1)(A) of this section in a file; and

(3) Sequester the records described in subdivision (e)(1)(A) of this section in a confidential holding area within his or her office.

(g) The arresting agency shall: (1) Remove its entire record file and documents or other items relating to the record, including any evidence still in the arresting agency's possession; (2) Place the records described in subdivision (e)(1)(A) of this section in a file; and (3) Sequester the records described in subdivision (e)(1)(A) of this section in a confidential holding area within the arresting agency.

(1) Remove its entire record file and documents or other items relating to the record, including any evidence still in the arresting agency's possession;

(2) Place the records described in subdivision (e)(1)(A) of this section in a file; and

(3) Sequester the records described in subdivision (e)(1)(A) of this section in a confidential holding area within the arresting agency.

(h) Upon notification of a uniform order, all circuit clerks, district clerks, arresting agencies, and other criminal justice agencies maintaining records in a computer-generated database shall either segregate the entire record, including receipts, into a separate file or ensure by other electronic means that the sealed record shall not be available for general access unless otherwise authorized by law.

Amended by Act 2023, No. 117,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 341,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 57,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1152,§ 14, eff. 7/22/2015.

Amended by Act 2015, No. 1152,§ 13, eff. 7/22/2015.

Added by Act 2013, No. 1460,§ 9, eff. 1/1/2014.
Ark. Code Ann. § 16-110-105 — AR Code / Title 16 / Chapter 110 / Subchapter 1 / Section 16-110-105
Venue
Status: in_force

Attachments may be sued out, and the actions in which the attachments are obtained may be prosecuted, in any county in which property may be attached or where a garnishee, who is indebted or has property belonging to the defendant, is served with process. Civil Code, § 223; C. & M. Dig., § 502; Pope's Dig., § 539; A.S.A. 1947, § 31-104.

Attachments may be sued out, and the actions in which the attachments are obtained may be prosecuted, in any county in which property may be attached or where a garnishee, who is indebted or has property belonging to the defendant, is served with process.

Civil Code, § 223; C. & M. Dig., § 502; Pope's Dig., § 539; A.S.A. 1947, § 31-104.
Ark. Code Ann. § 16-10-410 — AR Code / Title 16 / Chapter 10 / Subchapter 4 / Section 16-10-410
Removal from office
Status: in_force

(a) The grounds for removal conferred by this subchapter shall be both alternative and cumulative to the power of impeachment provided by the Arkansas Constitution and removal otherwise provided by law. (b) A judge may be removed from office on any of the following grounds: (1) Conviction of any offense punishable as a felony under the laws of Arkansas or the United States; (2) Conviction of a criminal act that reflects adversely on the judge's honesty, trustworthiness, or fitness as a judge in other respects; (3) The commission of conduct involving dishonesty, fraud, deceit, or misrepresentation; (4) The commission of conduct that is prejudicial to the administration of justice; (5) Willful violation of the Arkansas Code of Judicial Conduct or the Model Rules of Professional Conduct; (6) Willful and persistent failure to perform the duties of office; or (7) Habitual intemperance in the use of alcohol or other drugs. (c) In considering recommending removal, the Judicial Discipline and Disability Commission may consider the frequency of the offense, the motivation of the conduct, the length of time since the conduct in question, and similar factors. (d) [Repealed.] Amended by Act 2015, No. 939,§ 2, eff. 7/22/2015. Acts 1989, No. 637, § 6; 1995, No. 1296, § 58; 2001, No. 5, § 1.

(a) The grounds for removal conferred by this subchapter shall be both alternative and cumulative to the power of impeachment provided by the Arkansas Constitution and removal otherwise provided by law.

(b) A judge may be removed from office on any of the following grounds: (1) Conviction of any offense punishable as a felony under the laws of Arkansas or the United States; (2) Conviction of a criminal act that reflects adversely on the judge's honesty, trustworthiness, or fitness as a judge in other respects; (3) The commission of conduct involving dishonesty, fraud, deceit, or misrepresentation; (4) The commission of conduct that is prejudicial to the administration of justice; (5) Willful violation of the Arkansas Code of Judicial Conduct or the Model Rules of Professional Conduct; (6) Willful and persistent failure to perform the duties of office; or (7) Habitual intemperance in the use of alcohol or other drugs.

(1) Conviction of any offense punishable as a felony under the laws of Arkansas or the United States;

(2) Conviction of a criminal act that reflects adversely on the judge's honesty, trustworthiness, or fitness as a judge in other respects;

(3) The commission of conduct involving dishonesty, fraud, deceit, or misrepresentation;

(4) The commission of conduct that is prejudicial to the administration of justice;

(5) Willful violation of the Arkansas Code of Judicial Conduct or the Model Rules of Professional Conduct;

(6) Willful and persistent failure to perform the duties of office; or

(7) Habitual intemperance in the use of alcohol or other drugs.

(c) In considering recommending removal, the Judicial Discipline and Disability Commission may consider the frequency of the offense, the motivation of the conduct, the length of time since the conduct in question, and similar factors.

(d) [Repealed.]

Amended by Act 2015, No. 939,§ 2, eff. 7/22/2015.

Acts 1989, No. 637, § 6; 1995, No. 1296, § 58; 2001, No. 5, § 1.
Ark. Code Ann. § 16-97-104 — AR Code / Title 16 / Chapter 97 / Section 16-97-104
Proof of prior convictions
Status: in_force

Proof of prior convictions, both felony and misdemeanor, and proof of juvenile adjudications shall follow the procedures outlined in §§ 5-4-502 - 5-4-504 . Acts 1993, No. 535, § 2; 1993, No. 551, § 2.

Proof of prior convictions, both felony and misdemeanor, and proof of juvenile adjudications shall follow the procedures outlined in §§ 5-4-502 - 5-4-504 .

Acts 1993, No. 535, § 2; 1993, No. 551, § 2.
Ark. Code Ann. § 16-105-211 — AR Code / Title 16 / Chapter 105 / Subchapter 2 / Section 16-105-211
Fees of prosecuting attorney
Status: in_force

In all cases wherein the bill or petition is filed upon the relation of a prosecuting attorney of this state and a permanent injunction is granted therein, the officer shall receive such fees as are now provided by law for convictions for the illegal sale of intoxicating liquors. The fees shall be paid by the defendant as part of the costs of the case. Acts 1915, No. 109, § 10; C. & M. Dig., § 6204; Pope's Dig., § 10926; A.S.A. 1947, § 34-109.

In all cases wherein the bill or petition is filed upon the relation of a prosecuting attorney of this state and a permanent injunction is granted therein, the officer shall receive such fees as are now provided by law for convictions for the illegal sale of intoxicating liquors. The fees shall be paid by the defendant as part of the costs of the case.

Acts 1915, No. 109, § 10; C. & M. Dig., § 6204; Pope's Dig., § 10926; A.S.A. 1947, § 34-109.
Ark. Code Ann. § 16-55-103 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-103
Applicability of code
Status: in_force

(a) Except as otherwise provided by law, this code shall regulate the procedure in all civil actions and proceedings in the courts of this state. (b) Except as otherwise provided by law, the provisions of this code shall apply to and regulate the proceedings of all the courts of this state, though not expressly enumerated, and of all that may hereafter be created. Civil Code, §§ 780, 796; C. & M. Dig., § 1026; Pope's Dig., § 1228; A.S.A. 1947, §§ 27-102, 27-103.

(a) Except as otherwise provided by law, this code shall regulate the procedure in all civil actions and proceedings in the courts of this state.

(b) Except as otherwise provided by law, the provisions of this code shall apply to and regulate the proceedings of all the courts of this state, though not expressly enumerated, and of all that may hereafter be created.

Civil Code, §§ 780, 796; C. & M. Dig., § 1026; Pope's Dig., § 1228; A.S.A. 1947, §§ 27-102, 27-103.
Ark. Code Ann. § 16-13-3107 — AR Code / Title 16 / Chapter 13 / Subchapter 31 / Section 16-13-3107
Prosecuting attorneys
Status: in_force

(a) The qualified electors of Saline County shall elect a person who shall serve as the prosecuting attorney for the Twenty-Second Judicial District. (b) The qualified electors of Hot Spring County and Grant County shall elect a person who shall serve as the prosecuting attorney for the Seventh Judicial District. Acts 1997, No. 827, § 8; 1999, No. 7, § 7; 2011, No. 1132, § 7.

(a) The qualified electors of Saline County shall elect a person who shall serve as the prosecuting attorney for the Twenty-Second Judicial District.

(b) The qualified electors of Hot Spring County and Grant County shall elect a person who shall serve as the prosecuting attorney for the Seventh Judicial District.

Acts 1997, No. 827, § 8; 1999, No. 7, § 7; 2011, No. 1132, § 7.
Ark. Code Ann. § 16-90-1005 — AR Code / Title 16 / Chapter 90 / Subchapter 10 / Section 16-90-1005
Privileged information
Status: in_force

(a) Evidence of a communication between a person submitting a report of a criminal act to the Crime Victims Reparations Board or a local crime stoppers program and the person who accepted the report on behalf of the board or local crime stoppers program is not admissible in court or an administrative proceeding. (b) Records of the board or a local crime stoppers program concerning a report of criminal activity may not be compelled to be produced before a court or other tribunal except on the order of the Supreme Court. Acts 1995, No. 1300, § 4.

(a) Evidence of a communication between a person submitting a report of a criminal act to the Crime Victims Reparations Board or a local crime stoppers program and the person who accepted the report on behalf of the board or local crime stoppers program is not admissible in court or an administrative proceeding.

(b) Records of the board or a local crime stoppers program concerning a report of criminal activity may not be compelled to be produced before a court or other tribunal except on the order of the Supreme Court.

Acts 1995, No. 1300, § 4.
Ark. Code Ann. § 16-32-302 — AR Code / Title 16 / Chapter 32 / Subchapter 3 / Section 16-32-302
Enhanced list of prospective jurors
Status: in_force

(a) (1) In order to allow for the use of the enhanced prospective juror pool, the Secretary of State shall compile and make available no later than November 1 of each year, and at other times determined by the Secretary of State, an enhanced list of prospective jurors in automated or nonautomated form, as provided for in subsection (b) of this section, for: (A) Any circuit clerk requesting an enhanced list of prospective jurors for his or her county; and (B) The Administrative Office of the Courts for use in its automated jury management system. (2) Neither the enhanced list of prospective jurors nor its component parts may be released by the Secretary of State, the Administrative Office of the Courts, or any county or agency receiving the list or its component parts unless otherwise permitted by law. (3) Unlawful release of the enhanced list of prospective jurors shall be a Class B misdemeanor. (b) (1) The Secretary of State shall receive from the Department of Finance and Administration at mutually agreeable times each year a list of all licensed drivers and persons issued identification cards under § 27-16-805 who are citizens of the United States and sixteen (16) years of age or older. (2) The Department of Finance and Administration, the Arkansas Crime Information Center, the Department of Health, and the Administrative Office of the Courts shall assist the Secretary of State in developing a process whereby the Secretary of State will create a merged list from the voter registration list, the list of licensed drivers, and persons issued identification cards under § 27-16-805 , who are citizens of the United States and who will be eighteen (18) years of age or older at the time the list is provided to the counties or the Administrative Office of the Courts. (3) (A) In order to improve the quality of the enhanced list of prospective jurors and to decrease the cost of summoning potential jurors, the Arkansas Crime Information Center and the Administrative Office of the Courts are authorized to provide information to the Secretary of State and the Department of Finance and Administration to identify which voters, licensed drivers, and persons issued identification cards under § 27-16-805 have been convicted of a felony and have not been pardoned. (B) The Department of Health is authorized to provide information to the Secretary of State and the Department of Finance and Administration in order to identify which voters, licensed drivers, and persons issued identification cards under § 27-16-805 are deceased, have changed names, or have been married or divorced. (4) The Arkansas Crime Information Center, the Administrative Office of the Courts, and the Department of Health are authorized to provide as much information as they agree is necessary and possible to enable the Secretary of State to compile the most accurate, timely, and complete merged list of voters, licensed drivers, and persons issued identification cards under § 27-16-805 , who are citizens of the United States, eighteen (18) years of age or older, are still living, and who have not been convicted of a felony and have not been pardoned. Acts 2003, No. 1404, § 2; 2005, No. 87, § 9.

(a) (1) In order to allow for the use of the enhanced prospective juror pool, the Secretary of State shall compile and make available no later than November 1 of each year, and at other times determined by the Secretary of State, an enhanced list of prospective jurors in automated or nonautomated form, as provided for in subsection (b) of this section, for: (A) Any circuit clerk requesting an enhanced list of prospective jurors for his or her county; and (B) The Administrative Office of the Courts for use in its automated jury management system. (2) Neither the enhanced list of prospective jurors nor its component parts may be released by the Secretary of State, the Administrative Office of the Courts, or any county or agency receiving the list or its component parts unless otherwise permitted by law. (3) Unlawful release of the enhanced list of prospective jurors shall be a Class B misdemeanor.

(1) In order to allow for the use of the enhanced prospective juror pool, the Secretary of State shall compile and make available no later than November 1 of each year, and at other times determined by the Secretary of State, an enhanced list of prospective jurors in automated or nonautomated form, as provided for in subsection (b) of this section, for: (A) Any circuit clerk requesting an enhanced list of prospective jurors for his or her county; and (B) The Administrative Office of the Courts for use in its automated jury management system.

(A) Any circuit clerk requesting an enhanced list of prospective jurors for his or her county; and

(B) The Administrative Office of the Courts for use in its automated jury management system.

(2) Neither the enhanced list of prospective jurors nor its component parts may be released by the Secretary of State, the Administrative Office of the Courts, or any county or agency receiving the list or its component parts unless otherwise permitted by law.

(3) Unlawful release of the enhanced list of prospective jurors shall be a Class B misdemeanor.

(b) (1) The Secretary of State shall receive from the Department of Finance and Administration at mutually agreeable times each year a list of all licensed drivers and persons issued identification cards under § 27-16-805 who are citizens of the United States and sixteen (16) years of age or older. (2) The Department of Finance and Administration, the Arkansas Crime Information Center, the Department of Health, and the Administrative Office of the Courts shall assist the Secretary of State in developing a process whereby the Secretary of State will create a merged list from the voter registration list, the list of licensed drivers, and persons issued identification cards under § 27-16-805 , who are citizens of the United States and who will be eighteen (18) years of age or older at the time the list is provided to the counties or the Administrative Office of the Courts. (3) (A) In order to improve the quality of the enhanced list of prospective jurors and to decrease the cost of summoning potential jurors, the Arkansas Crime Information Center and the Administrative Office of the Courts are authorized to provide information to the Secretary of State and the Department of Finance and Administration to identify which voters, licensed drivers, and persons issued identification cards under § 27-16-805 have been convicted of a felony and have not been pardoned. (B) The Department of Health is authorized to provide information to the Secretary of State and the Department of Finance and Administration in order to identify which voters, licensed drivers, and persons issued identification cards under § 27-16-805 are deceased, have changed names, or have been married or divorced. (4) The Arkansas Crime Information Center, the Administrative Office of the Courts, and the Department of Health are authorized to provide as much information as they agree is necessary and possible to enable the Secretary of State to compile the most accurate, timely, and complete merged list of voters, licensed drivers, and persons issued identification cards under § 27-16-805 , who are citizens of the United States, eighteen (18) years of age or older, are still living, and who have not been convicted of a felony and have not been pardoned.

(1) The Secretary of State shall receive from the Department of Finance and Administration at mutually agreeable times each year a list of all licensed drivers and persons issued identification cards under § 27-16-805 who are citizens of the United States and sixteen (16) years of age or older.

(2) The Department of Finance and Administration, the Arkansas Crime Information Center, the Department of Health, and the Administrative Office of the Courts shall assist the Secretary of State in developing a process whereby the Secretary of State will create a merged list from the voter registration list, the list of licensed drivers, and persons issued identification cards under § 27-16-805 , who are citizens of the United States and who will be eighteen (18) years of age or older at the time the list is provided to the counties or the Administrative Office of the Courts.

(3) (A) In order to improve the quality of the enhanced list of prospective jurors and to decrease the cost of summoning potential jurors, the Arkansas Crime Information Center and the Administrative Office of the Courts are authorized to provide information to the Secretary of State and the Department of Finance and Administration to identify which voters, licensed drivers, and persons issued identification cards under § 27-16-805 have been convicted of a felony and have not been pardoned. (B) The Department of Health is authorized to provide information to the Secretary of State and the Department of Finance and Administration in order to identify which voters, licensed drivers, and persons issued identification cards under § 27-16-805 are deceased, have changed names, or have been married or divorced.

(A) In order to improve the quality of the enhanced list of prospective jurors and to decrease the cost of summoning potential jurors, the Arkansas Crime Information Center and the Administrative Office of the Courts are authorized to provide information to the Secretary of State and the Department of Finance and Administration to identify which voters, licensed drivers, and persons issued identification cards under § 27-16-805 have been convicted of a felony and have not been pardoned.

(B) The Department of Health is authorized to provide information to the Secretary of State and the Department of Finance and Administration in order to identify which voters, licensed drivers, and persons issued identification cards under § 27-16-805 are deceased, have changed names, or have been married or divorced.

(4) The Arkansas Crime Information Center, the Administrative Office of the Courts, and the Department of Health are authorized to provide as much information as they agree is necessary and possible to enable the Secretary of State to compile the most accurate, timely, and complete merged list of voters, licensed drivers, and persons issued identification cards under § 27-16-805 , who are citizens of the United States, eighteen (18) years of age or older, are still living, and who have not been convicted of a felony and have not been pardoned.

Acts 2003, No. 1404, § 2; 2005, No. 87, § 9.